Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 138) sur l'âge minimum, 1973 - Mali (Ratification: 2002)

Autre commentaire sur C138

Observation

Demande directe

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Article 1 of the Convention. National policy and application of the Convention in practice. Further to its previous comments, the Committee takes due note of the information in the Government’s report that a new National Plan of Action for the Elimination of Child Labour in Mali (PANETEM II) 2023–2027 is being approved and would be implemented in January 2023. It was developed by the National Steering Committee Against Child Labour and the National Unit Against Child Labour (CNLTE) in cooperation with the ILO. In this regard, four regional consultations have been held in Bamako, Sikasso, Kaye and the Mopti region to review the results of PANETEM I and to integrate the concerns of each region into the future plan.

The Committee also take due note of the information in the CNLTE’s 2021 national report, annexed to the Government’s report, that various activities have been carried out, including awareness-raising and planning relating to child labour, as well as the establishment of the SOSTEM data collection tool for monitoring child labour and children at risk in the Kéniéba region. It also notes the results achieved through the CNLTE focal points, including: (1) the removal from labour and reintegration of 150 children through the Clear Cotton programme in the Sikasso region; (2) the reception, referral and reintegration of 291 children in the Gao region, through the Stop Child Labour/ZLTTE project; and (3) the removal from labour and reintegration of 380 boys and 357 girls in the regions of Djenné, Mopti and Bankass. The Committee encourages the Government to continue its efforts to ensure the progressive elimination of child labour. It requests the Government to provide information on the measures being implemented as part of PANETEM II. It also requests the Government to provide information on the results achieved in monitoring child labour and children at risk through the SOSTEM data collection tool.

Article 2(1). 1. Scope of application and labour inspection. In its previous comments, the Committee noted that no measures have been taken to enable labour inspectors to target childrenworking on their own account or in the informal economy.

The Committee notes the Government’s indication that inspections by labour inspectors in coordination with CNLTE focal points are focused primarily on gold washing sites and areas with a high level of agricultural activity. The Committee strongly encourages the Government to redouble its efforts to strengthen the labour inspection services to ensure that all children receive the protection provided for by the Convention. It requests the Government to provide information on the results achieved, including the number of identified cases of children engaged in gold washing and agricultural activities, and the penalties imposed for violations.

2. Minimum age for admission to employment or work. Further to its previous comments, the Committee notes Decree No. 2022-0125/PT-RM of 4 March 2022, amending certain provisions of Decree No. No. 96-178/P-RM of 13 June 1996 on the implementation of the Labour Code. In this regard, the Committee notes with satisfaction the review of section D.189-23 of the Labour Code, setting out the list of loads for children, raising the minimum age from 14 to 15 years for children who cannot carry, drag or push a load, depending on the type of transport, weight of the load and sex of the child. This amendment is in line with the minimum age in section 20(b) of the Child Protection Code, in conformity with the minimum age of 15 years stated by the Government on the occasion of the ratification of the Convention.

Article 3(3). Admission to hazardous types of work from the age of 16 years. In its previous comments, the Committee emphasized that section D.189-33 of Decree No. 96-178/P-RM did not set forth the obligation to ensure that young persons between the ages of 16 and 18 years engaged in hazardous types of work have received adequate specific instruction or vocational training in the relevant branch of activity, as provided for in Article 3(3) of the Convention.

The Committee notes that the new Decree No. 2022-0125/PT-RM amending certain provisions of Decree No. 96-178/P-RM of 13 June 1996, on the terms and conditions of application of the Labour Code relating to hazardous types of work from the age of 16 years, is still not in conformity with the conditions set forth in Article 3(3) of the Convention. The Committee requests the Government to take measures to ensure that the provisions of the Labour Code concerning admission to hazardous types of work from the age of 16 years are brought into conformity with the conditions set forth in Article 3(3) of the Convention. It requests the Government to provide a copy of the texts when they have been adopted.

Article 7. Light work. In its previous comments, the Committee noted that the Government planned to amend section 189-35 of Decree No. 96-178/P-RM of 13 June 1996 so as to raise the minimum age for domestic work and light work of a seasonal nature from 12 to 13 years. The Committee notes with regret that no amendment has been made to section 189-35 in new Decree No. 2022-0125/PT-RM on the minimum age of 12 years for light work.

The Committee notes that according to the Government’s information, a draft decree, prepared by the labour services and submitted to the social partners, is in the process of being adopted. The Government also indicates that the process is under way to draw up a list of light work with a view to determining types of light work and the conditions under which they are carried out, in cooperation with the ILO. The Committee expresses the hope that the decree in the process of being adopted on the application of the Labour Code will be aligned with the Convention in order to regulate the employment of children in light work from the age of 13 years. It requests the Government to provide a copy of the decree and the list of light work when they are adopted.