CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Mali (RATIFICATION: 1960)
Protocol of 2014 to the Forced Labour Convention, 1930 - Mali (RATIFICATION: 2016)

Other comments on C029

Observation

Direct Request

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The Committee notes the Government’s report concerning the application of the Convention as supplemented by the Protocol of 2014 to the Forced Labour Convention, 1930 (No.29).

1. Trafficking in persons.

Articles 1(1) and 2(1) of the Convention, and Article 1(2) of the Protocol of 2014. Systematic and coordinated action. In its previous comments, the Committee requested the Government to provide a copy of the Plan of Action 2015–2017 to combat trafficking in persons and similar practices and to describe the measures taken in this framework, as well as those adopted by the National Coordinating Committee to combat trafficking in persons and similar practices (CNCLTPPA).

The Committee notes the information provided by the Government in its report to the effect that the Plan of Action 2015–2017 was implemented through three annual operational plans of action. The evaluation of the Plan of Action was conducted in March 2018 at a national workshop, when an evaluation report was produced. According to the information of the United Nations Office on Drugs and Crime (UNODC), a new five-year plan was adopted in June 2018 covering the period 2018–2022 and focusing on four strategic areas, namely: (i) the prevention of trafficking; (ii) the promotion of the observance and enforcement of the law at all levels of the criminal justice system; (iii) the protection and assistance of victims; (iv) and the promotion of coordination and cooperation to combat trafficking in persons. According to the UNODC, the Government has undertaken to create an independent agency to combat trafficking, the National Agency to combat trafficking in persons and smuggling of migrants (ANTP/TIM). The operating procedures of the Agency will be determined by decree. The Committee requests the Government to provide a copy of the strategic plan 2018–2022 and information on its implementation and the results achieved. It also requests the Government to provide information on the establishment of the National Agency to combat trafficking in persons and smuggling of migrants and on the adoption of the decree determining the operating procedures of the Agency. In the meantime, the Committee requests the Government to continue providing information on the activities of the National Coordinating Committee to combat trafficking in persons and similar practices (CNCLTPPA).

Article 25 of the Convention, and Article 1(2) of the Protocol. Imposition of penalties and reinforcement of the capacities of the law enforcement authorities. The Committee previously referred to Act No. 2012-023 of 12 July 2012 on action to combat trafficking in persons and similar practices. The Act establishes dissuasive penalties: between five and ten years of penal detention for trafficking in persons (section 7); between two and five years of imprisonment for the organized exploitation of begging by a third person (section 10); and between five and ten years of penal detention for the smuggling of migrants. The Committee requested the Government to provide information on the effect given to the Act, and particularly on the measures taken to reinforce the human and material resources of enforcement agencies, the prosecutions initiated, the court rulings handed down and the penalties imposed.

The Committee notes that the Government refers to the review of Act No. 2012-023 of 12 July 2012 on action to combat trafficking in persons and similar practices in the report on the implementation of the Plan of Action 2015–2017 (page 22). It also notes that, according to this report (page 19 and the appendix), final judgements have been handed down in five cases of the exploitation of begging by third persons. The instigators were found guilty in four cases and given a suspended prison sentence of three months, eight months of imprisonment, and suspended sentences of one and two years, respectively. With regard to trafficking in persons, the final judgement has also been handed down in a case in which the instigator was found guilty and sentenced to one year’s imprisonment. In a case that has been appealed to the Supreme Court, the instigator was sentenced to ten years of criminal detention. The final judgement is still pending in several other cases. According to the information contained in the report (page 11), the CNCLTPPA has organized workshops in the regions of Kayes, Koulikoro, Sikasso, Mopti and the district of Bamako. The purpose of the workshops was to reinforce the capacities of judicial personnel (magistrates, investigators and judicial auxiliaries) and labour inspection personnel on the trafficking of persons and similar practices and the Act of 2012.

The Committee observes that persons committing offences related to the trafficking of persons and similar practices have generally received light sentences and that the number of cases dealt with by the judicial authorities is limited. The Committee therefore requests the Government to take the necessary measures to ensure that sufficiently effective penalties are strictly imposed. It also requests the Government to continue its efforts to reinforce information and training activities for actors in the justice system in relation to the repression of trafficking in persons. Furthermore, the Committee requests the Government to provide information on the outcome of the review of the Act of 2012.

Article 2 of the Protocol. Prevention. Clauses (a) and (b). Awareness-raising, education and information. The Committee notes several activities undertaken by the Government to combat trafficking in persons, including: (i) the production of information tools and their translation and reproduction in national languages; (ii)the training of Koranic masters on action to combat trafficking in persons; (iii) radio and television broadcasts; and (iv) the organization of forums. The Committee also notes that, in Circular No. 0031/MJDH-SG of 10 January 2017, the Minister of Justice and Human Rights invited the prosecutors general of courts of appeal to produce statistics on cases of trafficking in persons and similar practices. The Committee requests the Government to continue providing information on education and awareness-raising activities relating to trafficking, particularly for vulnerable persons. It also requests the Government to continue its efforts to ensure the systematic collection of data on trafficking in persons and to provide information available in this regard.

Clause (d). Migrant workers and recruitment processes. The Committee notes the Government’s indication that Mali has adopted the National Migration Policy and related Plan of Action 2015–2019 and that a mid-term evaluation report has been produced. According to this report, various measures have been taken to protect and ensure the safety of migrants, including an awareness-raising campaign against the risks of irregular migration, as well as the organization and facilitation of lawful migration. The Committee also notes that the Governments of Mali and Saudi Arabia, in partnership with private placement agencies, have taken steps with a view to the establishment of a system for the recruitment and management of the lawful migration of workers. The Committee further notes that three annual multidisciplinary missions are envisaged in three countries in which there are a significant number of migrant Malian workers (Italy, Algeria and China) with a view to observing the conditions of work of Mali nationals abroad. These missions are part of the preventive action taken for the elimination of the forced labour of which Mali nationals living abroad are the victims. The Committee welcomes the various measures taken by the Government for the protection of migrant workers during recruitment processes, and particularly the multidisciplinary missions in destination countries, and requests it to: (i) indicate whether a new national migration policy has been developed, taking into account the importance of raising the awareness of migrants concerning the risk of exploitation at work; (ii) provide information on the operation of the system for the recruitment and management of the lawful migration of workers established between Mali and Saudi Arabia; and (iii) continue the practice of multidisciplinary missions and provide information on the findings of these missions and on the measures adopted or envisaged as a consequence.

Article 3 of the Protocol. Identification and protection of victims. The Committee notes the Government’s indication that the identification of victims of trafficking is carried out at all entry points by the border police for all persons entering Mali, and by the vice squad, police and national gendarmerie commissioners and labour inspectors within the country. The Committee also notes the information provided by the Government on the measures taken and the results achieved in relation to the identification and protection of child victims and migrants in general. The Committee requests the Government to provide information on the measures adopted or envisaged for the identification of adult victims of trafficking in persons and to provide them with the protection necessary for their recovery and rehabilitation.

Article 4(2) of the Protocol. Non-prosecution of victims for activities committed under constraint. The Committee notes that section 22 of the Trafficking Act provides that “victims of the offences envisaged in the present Act may not be prosecuted or convicted.” However, these provisions “shall not be applicable to an adult who, in full knowledge of the facts, contributes to committing an offence.” The Government indicates that victims who are involved in unlawful activities, such as the trafficking of drugs, generally benefit from attenuating circumstances which may lead to acquittal where the courts consider that the accused has really acted under constraint. The Committee requests the Government to indicate whether instructions have been issued for the competent authorities not to prosecute victims who have participated in unlawful activities under constraint. It also requests the Government to provide further information on any case in which a victim of forced labour has been subject to prosecution or penalties for having engaged in an unlawful activity under constraint.

2. Measures to combat all forms of forced labour.

Articles 1(1), 2(1) and 25 of the Convention. Prohibition of forced labour and penalties. The Committee notes that section 6 of the Labour Code establishes an absolute prohibition of forced or compulsory labour. Section 314 provides that breaches of the provisions of section 6 shall be punished by a fine or imprisonment of from two weeks to six months. Section 132 of the Penal Code also provides that offences against the freedom of work shall be punished by imprisonment of from two weeks to three months and a fine, or only one of these penalties. With reference to paragraph 319 of its 2012 General Survey on the fundamental Conventions, the Committee emphasizes that when the envisaged sanction consists of a fine or a very short prison sentence, it does not constitute an effective sanction in light of the seriousness of the violation and the fact that the sanctions need to be dissuasive. The Committee therefore requests the Government to take the necessary measures to ensure that the sanctions provided for by law are really effective and strictly enforced. It also requests the Government to provide information on the judicial procedures initiated and the penalties imposed under section 314 of the Labour Code and section 132 of the Penal Code.

Article 2 of the Protocol. Prevention measures. Clause (c). Labour inspection and other services. The Committee notes the Government’s indication that several training sessions were organized between 2016 and 2018 with the support of the ILO for labour inspectors, magistrates and members of the forces of order on the prevention of forced labour and protection of victims. The Committee requests the Government to continue providing information on the measures taken to strengthen the labour inspection services and other services responsible for ensuring that workers benefit from the rights guaranteed by labour legislation in order to prevent all forms of forced labour.

Clause (e). Due diligence by both the public and private sectors. The Committee notes the Government’s reference to the project to combat child labour and forced labour in value chains in the cotton, textile and apparel sectors between 2018 and 2022, developed with ILO support, and a project to support the development of the cotton sector in the “C-4” countries (Benin, Burkina Faso, Chad and Mali). The Committee requests the Government to continue providing information in this regard, particularly in relation to measures intended to provide support for due diligence by enterprises in the public and private sectors in relation to awareness-raising and the prevention of forced labour practices.

Clause (f). Action to address the root causes of forced labour. The Committee notes the Government’s indication that the Ministry of Employment and Vocational Training, in partnership with the European Union, has launched the “Youth employment generates local opportunities in Mali” project. The objective of the project is to promote economic development and social stability by creating employment opportunities for young persons, women and potential and returning migrant workers through horticulture, waste management, agro-food production and utilitarian crafts. Moreover, the Strategic Framework for economic recovery and sustainable development 2019–2023, which is the reference development framework for Mali, also addresses the root causes of forced labour, and particularly poverty. The Committee further notes the adoption and implementation of the National Policy for the promotion and protection of women and related Plan of Action 2016–2018. The Committee requests the Government to continue providing information on the measures taken and envisaged to address the root causes of forced labour, and particularly to combat poverty and promote access to education and employment. It also requests the Government to indicate whether the Plan of Action for the promotion and protection of women has been renewed.

Article 4(1) of the Protocol. Access to remedies and compensation. The Committee notes the Government’s indication that the Penal Code and the Code of Penal Procedure enable victims of forced labour to bring charges to the competent national courts to obtain compensation for the damages suffered. With regard to compensation, the Government refers to section 27 of the Penal Code, which provides for the possibility of taking into account the civil liability of those committing offences in relation to their victims. Section 4 of the Code of Penal Procedure provides that “civil action for compensation for the damages caused by a crime, offence or violation may be brought by all those who have personally suffered damages caused directly by the offence”. The Government indicates that, in addition to judicial remedies, victims can also apply to the National Human Rights Commission, which can receive any individual or collective complaint relating to the violation of a human right, and the Truth, Justice and Reconciliation Commission (CVJR), where the circumstances are related to the conflict in the North. The Government adds that all judicial and non-judicial remedies are accessible to all victims irrespective of their presence or legal status in the national territory. The Committee notes all of these provisions and recalls that, in view of the vulnerability of the victims of forced labour, it is important to ensure that they have easy and effective access to appropriate and effective remedies and compensation. The Committee requests the Government to provide further information on the measures adopted or envisaged to support victims within the framework of the established procedures and mechanisms, so as to ensure appropriate compensation, taking into account their situation of vulnerability. The Committee requests the Government to indicate whether it is planned to establish legal and judicial assistance, and possibly a compensation mechanism for victims.

Article 6 of the Protocol. Consultation of organizations of employers and workers. The Committee notes the Government’s indication that a participatory and inclusive approach is adopted to the implementation of the measures taken to give effect to the provisions of the Protocol and the Convention. The Committee notes that the implementation report for the Plan of Action 2015–2017 to combat trafficking in persons and similar practices does not refer to cooperation and consultation with organizations of employers and workers. The Committee requests the Government to provide more detailed information on the manner in which employers’ and workers’ organizations are consulted in relation to action to combat all forms of forced labour, particularly in the context of the adoption and implementation of a new national plan of action to combat trafficking in persons and a future strategy to combat slavery.

3. Exception to the definition of slavery.

Article 2(2)(a) of the Convention. Work exacted in virtue of compulsory national service. In its previous comments, the Committee noted that, under section 6(2) of the Labour Code, work required in the public interest by legislative provisions on the organization of defence, the creation of a national service or participation in development shall not be deemed forced or compulsory labour. It also noted the Government’s intention to re-establish National Youth Service (SNJ) and requested it to provide further information in this regard.

The Committee notes that the Labour Code was revised by Act No. 2017-021 of 12 June 2017. Section 6 provides that the terms “forced or compulsory labour” do not include work of general interest as defined by the legislation on civic obligations. The Committee also notes that the SNJ has been established by Act No. 2016-038 of July 2016 creating the SNJ. The Act provides that the SNJ shall be compulsory for all young persons (section 6) and that its vocation is to contribute to the completion of the education, physical, civic and vocational training of young persons with a view to their effective and full participation in the economic, social and cultural development of the country and their mobilization for the needs of national defence (section 2). However, the Government indicates that, in practice, the SNJ is not compulsory and is essentially limited to its military dimension. The first recruitment in 2017 was based on files following calls for applicants and 600 young persons participated in the service. Noting this information, the Committee recalls that, under the terms of Article2(2)(d) of the Convention, so as not to constitute forced labour, work exacted within the framework of military service must be “work of a purely military character”. As the Act establishes the compulsory nature of the SNJ and work performed in this context is related to both national defence and economic development, the Committee requests the Government to bring the legislation into line with the practice as described and to include in the legislation the necessary guarantees to ensure that either the SNJ is voluntary, or the work exacted within the context of the SNJ is of a “purely military” character. While awaiting the adoption of such measures, the Committee requests the Government to continue providing information on the implementation of the National Youth Service in practice.