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Articles 1 (paragraph 1), and 2 (paragraph 1), of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on any legal proceedings initiated to punish those responsible for trafficking in persons for the purpose of exploitation, specifying the legal basis of the proceedings and convictions and providing a copy of the relevant court decisions.

The Committee notes that, in its latest reports, the Government mentions cases involving the trafficking of children which have given rise to criminal court proceedings. Noting this information, the Committee requests information on the steps taken by the Government to combat the trafficking of adults for the purpose of exploitation, since the specific problem of the trafficking of children is examined under the Worst Forms of Child Labour Convention, 1999 (No. 182). It hopes that the Government will be able to provide full information in its next report on the steps taken or envisaged to prevent, suppress and punish the trafficking of persons, including detailed information on the court decisions handed down in this regard, specifying the provisions of the national legislation on which these decisions are based. Recalling also that the Government has still not provided the information requested in its general observation of 2000, the Committee hopes that the Government will be in a position to provide that information in its next report.

Article 2, paragraph 2, subparagraphs (a) and (d). In its previous comments, the Committee noted that, under section L6(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” is not regarded as forced or compulsory labour. It also noted that requisitioning in situations other than mobilization or wartime is allowed under section 25 of Act No. 87-48 AN-RM on the requisitioning of persons and property, the objective of which is to determine the conditions governing the right to requisition in the cases envisaged by the Acts on the general organization of defence and state of emergency. In order to be able to assess the effect of these provisions on the application of the Convention, the Committee requested the Government to provide copies of the legislation on the organization of defence, national service and state of emergency. The Government indicated that it would provide a copy of the legislation on national service and state of emergency, but that it did not have the legislation on the organization of defence. The Government also reiterated that it no use had ever been made of the provisions of section L6(2) of the Labour Code. It further stated that persons are requisitioned only in exceptional circumstances, namely in cases of force majeure or any circumstances that endanger or threaten to endanger the lives or normal living conditions of the whole or part of the population.

The Committee notes that, in its latest report, the Government indicates difficulties encountered in obtaining and providing all information relating to national defence. It notes that the Government reiterates its commitment to provide this information as soon as it is available. The Committee hopes that the texts requested will be attached to the Government’s next report, including the Act on the organization of defence, so that the Committee may assess their effect on the application of the Convention.

Article 2, paragraph 2, subparagraph (c). Work in the general interest. The Committee notes the adoption of Decree No. 06-036/P-RM of 31 January 2007 determining the procedures for the application of the penalty of work in the general interest (established by sections 7 and 14 of the Penal Code). Under section 4 of the Decree, the presiding judge shall, before announcing the ruling, inform the defendant of the manner in which the penalty would be carried out and of his right to refuse work in the general interest and shall obtain his reply. Section 5 provides that the execution and supervision of the penalty of work in the general interest shall be the responsibility of the National Directorate of Prisons and Correctional Education. Under section 6(2), work in the general interest shall be carried out in placement institutions in the place of sentencing or in any other place appointed by the implementing authority in the interest of rehabilitating the convicted person. Work in the general interest may involve any public utility work (section 7). The execution record for the penalty of work in the general interest shall contain the conviction and a form drawn up by the competent services of the National Directorate of Prisons and Correctional Education, which shall indicate, in particular, the institution appointed for the placement of the convicted person and the nature of the work to be carried out (section 8). Finally, the Decree stipulates that the Public Prosecutor or the Justice of the Peace with extended jurisdiction shall supervise the application of the penalty of work in the general interest (section 14).

The Committee recalls that, under these provisions of the Convention, the term “forced or compulsory labour” shall not include any work or service exacted from any person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision and control of a public authority and that the said person is not hired to or placed at the disposal of private individuals, companies or associations. The Committee has, however, acknowledged that, where a penalty of work in the general interest is handed down as an alternative to imprisonment, the person who has agreed to that alternative penalty may carry out the work for private associations or other institutions or entities of a non-profit nature and recognized to be of public interest. In such cases, guarantees are required to ensure the non-profit making character of the private institutions or entities concerned and to ensure that any work carried out for them really benefits the community.

The Committee therefore requests the Government to provide the list of placement institutions referred to in section 6 of the Decree of 31 January 2007 and to provide further information on the expression “any other place appointed by the implementing authority”. It requests the Government to indicate, if necessary, the steps taken to ensure that any private institutions or entities authorized to employ persons sentenced to a penalty of work in the general interest are non-profit making and that the work carried out for them really benefits the community. The Committee also requests the Government to indicate whether penalties of work in the general interest have already been handed down by Malian courts and, if so, to provide a copy of the forms mentioned in section 8 of the Decree. It further requests the Government to provide information on the type of work carried out by persons sentenced to a penalty of work in the general interest. Please also provide further information concerning the methods of supervision carried out by the implementing authority mentioned in section 6(2) of the Decree, as well as the supervision carried out by the Public Prosecutor and the Justice of the Peace with extended jurisdiction.

Slavery-like practices and hereditary servitude. In its previous comments, the Committee referred to the concluding observations of the United Nations Human Rights Committee following the consideration of the second periodic report of Mali in which the Committee regretted that Mali had not given a clear response to reports of slavery-like practices and hereditary servitude in the north of the country. While domestic law does not authorize such practices, the Committee expressed serious concern about their possible survival among the descendants of slaves and the descendants of slave-owners and invited Mali to conduct a careful study of the relations between the descendants of slaves and the descendants of slave-owners in the north of the country, with a view to determining whether slavery-like practices and hereditary servitude still continued (see report CCPR/CO/77/MLI, 16 April 2003, paragraph 16). The Committee recalled that slavery-like practices and hereditary servitude, if they were proven still to exist, would constitute a serious breach of the Convention. It requested the Government to provide detailed information on the situation in the north of the country, indicating, in particular, whether any investigations had been conducted in this region, and, if so, the results achieved and the measures taken by the Government. The Committee notes that the Government’s latest report refers to the conclusions of a 2003 ILO study on forced labour in Mali, of which it was already aware. The Committee hopes that the Government will be able to provide the information requested in its next report.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Trafficking in persons. In its previous comments the Committee noted that the Penal Code (Act No. 01-079 of 20 August 2001) did not expressly define trafficking of persons but contained provisions under which perpetrators of this offence could be prosecuted, tried and sentenced (sections 242 and 243). The Committee requested the Government to provide information on any judicial action taken to punish those responsible for trafficking of persons for the purpose of sexually exploiting them or exploiting their labour. The Committee notes that in its report, the Government refers to a case heard by the Court of First Instance of Sikasso in which the perpetrators were referred to the Cour d’assise, but says that it has no copy of the judicial decision or any information on the sentence handed down. The Committee requests the Government to continue to provide information on such judicial actions, specifying the basis in law both for the prosecution, and on the sentence handed down. Please provide copies of relevant judicial decisions. More generally, the Committee would be grateful for more detailed information in the Government’s next report on the measures taken or envisaged to prevent, suppress and punish trafficking in persons. The Government is asked to refer to the Committee’s general observation of 2000, to which it has not replied.

2. Article 2(2)(a) and (d) of the Convention. In its previous comments, the Committee noted that section L6(2) of the Labour Code excluded from the prohibition of forced or compulsory labour “work required in the public interest by legislative provisions on the organization of defence, the creation of a national service or participation in development”. It further noted that requisitioning in situations other than mobilization or wartime was allowed under section 25 of Act No. 87‑48 AN-RM on the requisitioning of persons and property, the objective of which is to determine the conditions governing the right to requisition in the cases envisaged by the Acts on the general organization of defence and state of emergency. In order to be able to assess the effect of these provisions on the application of the Convention, the Committee requested the Government to provide copies of the legislation on the organization of defence, national service and state of emergency.

In its report, the Government states that it will provide a copy of the legislation on national service and state of emergency, but that it does not have the legislation on the organization of defence. The Government reiterates that it has never made use of the provisions of section L6(2) of the Labour Code. It further states that persons are requisitioned only in exceptional circumstances, namely in cases of force majeure or any circumstances that endanger or threaten to endanger the lives or normal living conditions of the whole or part of the population.

The Committee takes notes of this information. It hopes that copies of the abovementioned legislation will be appended to the Government’s next report, including a copy of the Act on the organization of defence, so that the Committee may assess the effect of the provisions of section L6(2) of the Labour Code on the application of the Convention.

With regard to work in the general interest that may be required pursuant to the legislative provisions on participation in development, the Committee refers to the direct request it is addressing to the Government on the application of the Abolition of Forced Labour Convention, 1957 (No. 105).

3. Article 2(2)(c). Work in the general interest. The Committee noted previously that the Penal Code included “work in the general interest” as a new penalty for offences. Such work is an alternative to imprisonment and its purpose is to promote better conditions for the rehabilitation, social reintegration and correction of the offender (sections 7(2) and 14 of the Penal Code). The Committee requested the Government to provide information on how this penalty is applied in practice. Referring to a bill establishing and regulating the penalty of work in the general interest, supplied by the Government in 2000, the Committee also asked the Government to specify the associations recognized to be of public interest for which offenders may be required to perform work in the general interest. In its latest report the Government states that it has no information on the bill and is unable to provide a list of such associations. The Committee understands that no provisions have been adopted to govern the application of the penalty of work in the general interest provided for in section 14 of the Penal Code. It requests the Government to state whether this is correct and to provide information on any new developments in this area. The Committee points out that under Article 2, paragraph 2(c), of the Convention, convicts may not be hired to or placed at the disposal of private individuals, companies or associations. The Committee would be grateful if the Government would indicate whether the courts have handed down any sentences of work in the general interest and, if so, to provide a copy of the relevant court decisions.

4. Slavery-like practices and hereditary servitude. The Committee notes that in its concluding observations on Mali’s second periodic report, the Human Rights Committee regretted that Mali had not given a clear response to reports of slavery-like practices and hereditary servitude in the north of the country. While domestic law does not authorize such practices, the abovementioned committee expressed serious concern about their possible survival among the descendants of slaves and the descendants of slave-owners. It invited Mali to conduct a careful study of the relations between the descendants of slaves and the descendants of slave-owners in the north of the country, with a view to determining whether slavery-like practices and hereditary servitude still continued (report CCPR/CO/77/MLI, 16 April 2003, paragraph 16). The Committee points out that slavery-like practices and hereditary servitude, if they were proven still to exist, would constitute a serious breach of the Convention. It would therefore be grateful if the Government would provide detailed information on the situation in the north of the country. Please indicate in particular whether any investigations have been conducted in this region and, if so, provide information on the results obtained and any measures taken by the Government.

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1. Trafficking in persons. In its previous comments the Committee noted that the Penal Code (Act No. 01-079 of 20 August 2001) did not expressly define trafficking of persons but contained provisions under which perpetrators of this offence could be prosecuted, tried and sentenced (sections 242 and 243). The Committee requested the Government to provide information on any judicial action taken to punish those responsible for trafficking of persons for the purpose of sexually exploiting them or exploiting their labour. The Committee notes that in its report, the Government refers to a case heard by the Court of First Instance of Sikasso in which the perpetrators were referred to the Cour d’assise, but says that it has no copy of the judicial decision or any information on the sentence handed down. The Committee requests the Government to continue to provide information on such judicial actions, specifying the basis in law both for the prosecution, and on the sentence handed down. Please provide copies of relevant judicial decisions. More generally, the Committee would be grateful for more detailed information in the Government’s next report on the measures taken or envisaged to prevent, suppress and punish trafficking in persons. The Government is asked to refer to the Committee’s general observation of 2000, to which it has not replied.

2. Article 2, paragraph 2(a) and (d), of the Convention. In its previous comments, the Committee noted that section L6(2) of the Labour Code excluded from the prohibition of forced or compulsory labour "work required in the public interest by legislative provisions on the organization of defence, the creation of a national service or participation in development". It further noted that requisitioning in situations other than mobilization or wartime was allowed under section 25 of Act No. 87-48 AN-RM on the requisitioning of persons and property, the objective of which is to determine the conditions governing the right to requisition in the cases envisaged by the Acts on the general organization of defence and state of emergency. In order to be able to assess the effect of these provisions on the application of the Convention, the Committee requested the Government to provide copies of the legislation on the organization of defence, national service and state of emergency.

In its report, the Government states that it will provide a copy of the legislation on national service and state of emergency, but that it does not have the legislation on the organization of defence. The Government reiterates that it has never made use of the provisions of section L6(2) of the Labour Code. It further states that persons are requisitioned only in exceptional circumstances, namely in cases of force majeure or any circumstances that endanger or threaten to endanger the lives or normal living conditions of the whole or part of the population.

The Committee takes notes of this information. It hopes that copies of the abovementioned legislation will be appended to the Government’s next report, including a copy of the Act on the organization of defence, so that the Committee may assess the effect of the provisions of section L6(2) of the Labour Code on the application of the Convention.

With regard to work in the general interest that may be required pursuant to the legislative provisions on participation in development, the Committee refers to the direct request it is addressing to the Government on the application of the Abolition of Forced Labour Convention, 1957 (No. 105).

3. Article 2, paragraph 2(c). Work in the general interest. The Committee noted previously that the Penal Code included "work in the general interest" as a new penalty for offences. Such work is an alternative to imprisonment and its purpose is to promote better conditions for the rehabilitation, social reintegration and correction of the offender (sections 7(2) and 14 of the Penal Code). The Committee requested the Government to provide information on how this penalty is applied in practice. Referring to a bill establishing and regulating the penalty of work in the general interest, supplied by the Government in 2000, the Committee also asked the Government to specify the associations recognized to be of public interest for which offenders may be required to perform work in the general interest. In its latest report the Government states that it has no information on the bill and is unable to provide a list of such associations. The Committee understands that no provisions have been adopted to govern the application of the penalty of work in the general interest provided for in section 14 of the Penal Code. It requests the Government to state whether this is correct and to provide information on any new developments in this area. The Committee points out that under Article 2, paragraph 2(c), of the Convention, convicts may not be hired to or placed at the disposal of private individuals, companies or associations. The Committee would be grateful if the Government would indicate whether the courts have handed down any sentences of work in the general interest and, if so, to provide a copy of the relevant court decisions.

4. Slavery-like practices and hereditary servitude. The Committee notes that in its concluding observations on Mali’s second periodic report, the Human Rights Committee regretted that Mali had not given a clear response to reports of slavery-like practices and hereditary servitude in the north of the country. While domestic law does not authorize such practices, the abovementioned committee expressed serious concern about their possible survival among the descendants of slaves and the descendants of slave-owners. It invited Mali to conduct a careful study of the relations between the descendants of slaves and the descendants of slave-owners in the north of the country, with a view to determining whether slavery-like practices and hereditary servitude still continued (report CCPR/CO/77/MLI, 16 April 2003, paragraph 16). The Committee points out that slavery-like practices and hereditary servitude, if they were proven still to exist, would constitute a serious breach of the Convention. It would therefore be grateful if the Government would provide detailed information on the situation in the north of the country. Please indicate in particular whether any investigations have been conducted in this region and, if so, provide information on the results obtained and any measures taken by the Government.

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1. Article 2(2)(a) and (d) of the Convention. The Committee notes that the prohibition of forced or compulsory labour established in section L6 of the Labour Code does not, pursuant to subsection 2, include "all work required in the public interest by legislative provisions on the organization of defence, the creation of a national service or participation in development". Furthermore, Act No. 87-48 AN-RM on the requisitioning of persons and property, the objective of which is to determine the conditions governing the right to requisition in the cases envisaged by the Act on the general organization of defence and states of emergency, allows, under section 25, requisitioning in situations other than mobilization or war time. The Committee previously reminded the Government in this connection that the Convention allows work or service exacted in virtue of compulsory military service laws not to be treated as forced or compulsory labour only if it is for work of a purely military character (Article 2(2)(a)). Furthermore, requisitioning should be restricted to the exceptional circumstances defined in Article 2(2)(d) of the Convention, namely "cases of emergency, … and in general any circumstances that would endanger the existence or the well-being of the whole or part of the population". In order that it may assess the extent to which the provisions of the national legislation enable effect to be given to the Convention, the Committee again requests the Government to provide a copy of the legislation on the organization of defence, national service and states of emergency. The Committee would also be grateful if the Government would state whether it has availed itself of the provisions of section L6(2) of the Labour Code and, if so, in what circumstances. Please also provide information on the practical application of Act No. 87-48 AN-RM on the requisitioning of property and persons.

2. Article 2(2)(c). The Committee notes that section 7(2) of the new Penal Code includes "work in the general interest" among the penalties for offences. According to section 14 of the Penal Code, such work is an alternative to the imprisonment and its purpose is to promote better conditions for the rehabilitation, social reintegration and correction of the offender. The Committee observes that the Penal Code makes no provision for the regulation of the application or execution of this penalty. It recalls that in 2000, the Government sent a copy of a Bill establishing the penalty of work in the general interest and regulating the conditions for its application. In its last report, the Government provides no information on the adoption of that Bill or on work in the general interest.

According to the draft sent previously, the president of the court proposes the penalty of work in the general interest, and the accused person is free to accept or refuse the proposal. The work is performed for a public community, a public service or an association recognized to be of public interest; and its duration must be not less than 40 hours or more than 480 hours. The Committee points out that according to Article 2(2)(c), of the Convention, work carried out by convicts for the benefit of private companies is forbidden. In these circumstances, and in the event that the Bill has been adopted, the Committee requests the Government to indicate in its next report the associations recognized to be of public interest for which offenders may be required to perform work in the general interest. More generally, the Committee would be grateful if the Government would provide a copy of any provisions governing the application of the penalty of work in the general interest and any information on the practical effect given to such provisions.

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1. Forced labour and the trafficking of children. In its previous comments, the Committee requested the Government to provide information on the measures taken to combat the trafficking of children and their exploitation at work. The Government supplied information on a number of measures taken to combat the phenomenon, particularly the cross-border trafficking of Malian children to Côte d’Ivoire. The Committee took note of that information and requested the Government in particular to provide information, pursuant to Article 25 of the Convention, on judicial action taken against those responsible for the trafficking (employers and intermediaries) and the penalties imposed.

The Committee notes that in its last report, the Government provides no information on this subject. It recalls that the Government has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182), and this year has sent its first report on the application of that Convention. In so far as Article 3(a) of Convention No. 182 provides that the worst forms of child labour include "all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour", the Committee is of the view that the problem of the trafficking of children for the purpose of exploiting their labour may be examined more specifically under Convention No. 182. The protection of children is enhanced by the fact that Convention No. 182 requires States which ratify it to take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. The Committee accordingly asks the Government to refer to its comments on the application of Convention No. 182.

2. Trafficking in persons. The Committee notes that adoption of Act No. 02-020 of 3 June 2002 authorizing ratification of the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and Children, Supplementing the United Nations Convention against Transnational Organized Crime. It further notes that, although it does not expressly define trafficking in persons the new Penal Code (Act No. 01-079 of 20 August 2001) contains provisions that could allow the authors of this crime to be prosecuted, tried and sentenced (sections 242-244). It hopes that the Government will send full information on the measures taken or envisaged to prevent, suppress and punish trafficking in persons. In this connection, it requests the Government to refer to its general observation of 2000, to which it has not replied. Please provide information in particular on any legal action brought with a view to punishing persons responsible for trafficking in persons in order to exploit them through work, pursuant to Article 25 of the Convention under which the illegal exaction of forced labour shall be punishable as a penal offence and any Member ratifying the Convention must ensure that the penalties imposed by law are really adequate and strictly enforced.

The Committee is addressing a direct request to the Government on other matters.

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1. Forced labour and trafficking of children. In its previous direct request, the Committee requested the Government to provide information on the measures taken in relation to the trafficking of children and their exploitation at work.

The Committee notes the information provided by the Government in its report to the effect that the report issued in October 1999 by the National Review Commission established to "implement a national policy to combat the trafficking of children" noted the existence of the trafficking of children who are nationals of Mali, particularly in the frontier zone between Mali and Côte d’Ivoire. The Government also refers to a 1998 study by UNICEF, carried out in Côte d’Ivoire, which reveals that between 10,000 and 15,000 children from Mali had arrived in Côte d’Ivoire as a result of "trans-boundary trafficking organized in Africa". According to this study, girls work in domestic service and boys in cotton plantations, mines, the construction sector and other manual work. Children working in plantations suffer poisoning by chemical products and, among other problems, diseases of the skin and malnutrition.

The Committee notes the synthesis report of the subregional project of the International Programme on the Elimination of Child Labour (IPEC/ILO, 2001), on "Combating Trafficking in Children for Exploitation of their Labour in Central and West Africa". According to this report, "structured networks" organize the trafficking of children from Mali to destinations which include France.

The Committee also notes the information provided by Anti-Slavery International to the Working Group on Contemporary Forms of Slavery of the United Nations Human Rights Commission. The majority of children subject to trafficking are boys from Ségou, Sikasso and Mopti. Networks for the trafficking of children towards Côte d’Ivoire emerged in the 1990s as a result of the demand for cheap labour in cotton plantations. Most of the children are recruited through intermediaries and sold to the owners of plantations, while in other cases their parents or friends promise them work, or through family networks, as a result of which they work in plantations, mines, on construction sites or perform any type of manual work and end up as slaves. As the traffickers frequently come from the same region as the children whom they recruit, it is easier to hide this practice, since they may know the families and the region. If they are arrested by the frontier police, parents often defend the trafficking and say that permission has been given for the child to cross the border to work. Most of them believe the promises of the traffickers that the children will find well-paid work. According to a study undertaken in Mali, children earn between 5,000 and 10,000 CFA francs (5 to 10 pounds) a month but, in practice, they do not receive any money because their wage is paid to the intermediary, or their work is used to reimburse the cost of their transport and maintenance and they end up working for years without being paid. According to a study carried out in Côte d’Ivoire, employers pay intermediaries between 50,000 and 75,000 CFA francs. The intermediaries also earn money by selling the children to employers. These children, completely isolated from their family, communities and culture, are under the control of traffickers and the employer and are vulnerable to all forms of exploitation and abuse. Their working conditions are minimal, without any consideration for safety standards. The history of "I.D." is typical of the suffering of these children. Now aged 15, he returned to Mali after spending two years working, as a result of being trafficked, in a coffee and yam plantation in Bouafle in Côte d’Ivoire. "Our day started at 5 o’clock. We had to walk six kilometres barefooted to get to the fields over stony and muddy land, carrying heavy loads on our heads. When we reached the fields, we were soaked and exhausted. The foreman showed us the part of the plantation that had to be finished before the end of the day. We were terrified of what he would do to us if we did not manage to finish the work. This threat, and the fear of being denied food if we could not finish in time, forced us to work quickly. The work was hard and being bent over all day gave us pain in our backs. If were sick and could not work, we were afraid of being tortured to death. One day, I saw two of my companions tortured because they had tried to run away. They fell sick and died." The urgency of the problem was recognized by the governments concerned at a meeting organized by UNICEF and the ILO in Libreville in Gabon from 22 to 24 February 2000.

The Committee notes the final observations of the Committee on the Rights of the Child (CRC/C/15/Add.113, paragraphs 32-33), which expresses its concern at the situation of children employed in domestic work and in agriculture, children working in agriculture and mines, the rise in the sale and trafficking of children and the increase in the phenomenon of child beggars.

The Committee notes that, according to the national report of December 2000 on the follow-up to the World Summit for Children, an emergency national action plan to combat the trafficking of children for the purposes of exploitation at work was implemented and a cooperation agreement between Mali and Côte d’Ivoire was signed on 1 September 2000, establishing procedures for the repatriation and integration of child victims of trafficking. Collaboration between the authorities of Mali and of Côte d’Ivoire occurs through various structures, such as the frontier police, Interpol and the territorial and security authorities. The Committee notes that over 300 children were repatriated from Côte d’Ivoire in 1999-2000.

Article 25 of the Convention.  Under the terms of Article 25 of the Convention, the illegal exaction of forced labour shall be punishable as a penal offence, and any Member ratifying the Convention is under the obligation to ensure that the penalties imposed by law are really adequate and are strictly enforced. The Committee notes that, according to the Government’s report, no action has been taken with a view to punishing the persons responsible for the trafficking of children for the purposes of exploitation through work.

The Committee is aware of information that a specific Act respecting the trade in persons has recently been adopted, as well as a new Penal Code. The Committee requests the Government to provide copies of these texts and to furnish information on the judicial action taken against those responsible for trafficking (employers and intermediaries) and the penalties imposed.

The Committee requests the Government to provide information on the situation of beggar children (the "garibus" pupils) and on any measure taken to combat this phenomenon.

The Committee also requests the Government to provide information on the evaluation of the National Action Plan which was completed in 2000 and on the National Emergency Action Plan to combat the trafficking of children for the purposes of exploitation through work, covering the period 2000-2001, and to provide a copy of the new National Action Plan, 2001-2009.

The Committee notes that Mali has ratified the Worst Forms of Child Labour Convention, 1999 (No. 182).

2. Article 2, paragraph 2(a). In its previous comments, the Committee referred to section L.6.2 of the Labour Code, which provides that the term "compulsory labour" does not include work required in the public interest by legislative provisions on the organization of defence, the creation of a national service or participation in development. The Committee also noted that, under Act No. 87-48 AN-RM respecting the requisitioning of persons and property (section 25), requisitioning may take place outside situations of mobilization or wartime. Section 1 of the Act provides that its objective is to determine the conditions governing the right of requisitioning in the cases envisaged by the Acts respecting the general organization of defence and states of emergency. The Committee had recalled that the exception provided for in Article 2, paragraph 2(a), of the Convention only covers work of a purely military character and that the use of compulsory labour for the purposes of development is also contrary to Article 1(a) of the Abolition of Forced Labour Convention, 1957, (No. 105), which has also been ratified by Mali.

The Committee notes from the indications provided by the Government in its report that the provisions of section L.6.2 have never been applied.

The Committee requests the Government to provide information on the measures taken to bring the national legislation into conformity with the forced labour Conventions, particularly by abolishing recourse to compulsory labour for purposes of development, and by specifying that requisitioning is reserved for emergency situations as defined in Article 2, paragraph 2(d), of the Convention. The Committee requests the Government to provide copies of the Acts respecting the general organization of defence, states of emergency and national service. The Committee also requests the Government to provide information on the application in practice of Act No. 87-48 AN-RM respecting the requisitioning of persons, services and goods.

3. Article 2, paragraph 2(c). Prison labour. The Committee notes section 1 of the Decree determining the conditions for the application and regulation of sentences to perform work of general interest. Under this provision, the convicted person is compelled to perform a number of hours of work without remuneration for the benefit of a public community, a public service or an association recognized to be of public interest. The Committee draws the Government’s attention to the fact that the Convention requires that the convicted person shall not be hired to or placed at the disposal of private individuals, companies or associations. The Committee requests the Government to limit to public communities and services the institutions which may benefit from work of general interest imposed upon convicted persons.

4. Article 2, paragraph 2(e). Minor communal services. The Committee notes the information provided by the Government on this issue.

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The Committee notes the Government's report.

Article 1, paragraph 1, of the Convention (suppression of the use of forced or compulsory labour in all its forms)

Child labour. The Committee notes the concerns expressed by the United Nations Committee on the Rights of the Child with regard to child labour, particularly of children who are working as domestic workers, in agricultural work, in mines or panning for gold and the absence of legal measures to prevent and combat the trafficking of children for the purposes of making them work. The Committee has also been informed of a programme to combat child labour established in collaboration with the International Programme for the Elimination of Child Labour (ILO-IPEC). The Committee requests the Government to provide information on the measures which have been taken in relation to child labour, and particularly the trafficking of children.

Article 2, paragraph 2(a) (compulsory military service)

In its previous comments, the Committee referred to section L6.2 of the Labour Code, which provides that the expression "compulsory labour" does not include work required in the public interest by legislative provisions on the organization of defence, the creation of a national service or participation in development. The Committee notes that, under Act No. 87-48 AN-RM with respect to the requisitioning of persons and property (section 25), requisitioning may take place outside situations of mobilization or wartime. The Committee recalls that the exception provided for in Article 2, paragraph 2(a), of the Convention, only covers work of a purely military character and that the use of compulsory labour for the purposes of development is also contrary to Article 1(b) of the Abolition of Forced Labour Convention, 1957 (No. 105), which has also been ratified by Mali. The Committee hopes that the necessary measures will be taken to bring the national legislation into conformity with the Conventions on forced labour in this respect, particularly by abolishing the use of compulsory labour for the purposes of development and by specifying that requisitioning is reserved for emergency situations, such as those defined in Article 2, paragraph 2(d), of the Convention. The Committee requests the Government to indicate the measures taken for this purpose in its next report.

Article 2, paragraph 2(e) (minor village work)

The Committee notes that the Labour Code refers to the work decided upon by a local community as a whole (section L6.4). It requests the Government to provide examples of such work and copies of decisions taken by local communities.

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The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. In its previous comments, the Committee referred to section 6.2 of Act No. 92-020 of 23 September 1992 issuing the Labour Code which lays down that the term "compulsory labour" does not include work required in the public interest by legislative provisions on the organization of defence, the creation of a national service or participation in development.

The Committee also noted the information supplied by the Government to the effect that Act No. 87-48/AN-RM which defines the conditions for exercising the right to requisition persons, services and assets, restricts its application to the cases allowed by the legislation on the general organization of defence and on states of emergency.

The Committee asked to be supplied with a copy of this Act and referred the Government to the explanations given in paragraphs 63 to 68 of the 1979 General Survey on the abolition of forced labour. It also drew the Government's attention to the need to ensure that it is laid down clearly in the legislation that the power to exact labour is to be limited to what is strictly required in order to cope with circumstances endangering the existence or well-being of the whole or part of the population.

In its report, the Government indicates that the legislation on the organization of national defence, the establishment of national service or participation in development does not impose compulsory labour in so far as this exclusively concerns the military organization and national defence.

The Committee notes this information and once again requests the Government to supply a copy of the legislation in question so that it can examine its conformity with the provisions of the Conventions on forced labour.

2. Article 25 of the Convention. The Committee refers to section 314 of the Labour Code which provides fines of from 20,000 to 100,000 CFA francs or imprisonment of from 15 days to six months, or both, for infringements of the provisions of section L.6 on forced labour.

The Committee observes that under this provision, the exaction of forced labour may be punishable only by fines and recalls the penal nature of the penalties required by Article 25 of the Convention.

The Committee requests the Government to indicate if there have been cases where section 314 of the Labour Code has been applied and, if so, to supply information on the penalties imposed.

3. In its previous comments, the Committee referred to information regarding cases of debt bondage in the salt mines north of Timbuktu and asked the Government to provide information on the application in practice of section 314 of the Labour Code which lays down penalties on persons infringing the provisions of section 6 on forced labour.

The Committee notes the information supplied by the Government to the effect that the salt mines are worked exclusively for the profit of the mining companies and that cases of debt bondage of any kind no longer exist. The Government specifies that the only place where some cases of forced labour existed, the penal colony at Tadouenit, was closed in the late 1980s.

The Committee notes, nevertheless, that information received still refers to the existence of debt bondage in the salt mines and that, furthermore, in the north of the country, members of the Bellah ethnic group are still the victims of slavery practices by the Tuareg people.

The Committee requests the Government to supply in its next report any information it can collect on this situation.

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1. In its previous comments, the Committee referred to section 6.2 of Act No. 92-020 of 23 September 1992 issuing the Labour Code which lays down that the term "compulsory labour" does not include work required in the public interest by legislative provisions on the organization of defence, the creation of a national service or participation in development.

The Committee also noted the information supplied by the Government to the effect that Act No. 87-48/AN-RM which defines the conditions for exercising the right to requisition persons, services and assets, restricts its application to the cases allowed by the legislation on the general organization of defence and on states of emergency.

The Committee asked to be supplied with a copy of this Act and referred the Government to the explanations given in paragraphs 63 to 68 of the 1979 General Survey on the abolition of forced labour. It also drew the Government's attention to the need to ensure that it is laid down clearly in the legislation that the power to exact labour is to be limited to what is strictly required in order to cope with circumstances endangering the existence or well-being of the whole or part of the population.

In its report, the Government indicates that the legislation on the organization of national defence, the establishment of national service or participation in development does not impose compulsory labour in so far as this exclusively concerns the military organization and national defence.

The Committee notes this information and once again requests the Government to supply a copy of the legislation in question so that it can examine its conformity with the provisions of the Conventions on forced labour.

2. Article 25 of the Convention. The Committee refers to section 314 of the Labour Code which provides fines of from 20,000 to 100,000 CFA francs or imprisonment of from 15 days to six months, or both, for infringements of the provisions of section L.6 on forced labour.

The Committee observes that under this provision, the exaction of forced labour may be punishable only by fines and recalls the penal nature of the penalties required by Article 25 of the Convention.

The Committee requests the Government to indicate if there have been cases where section 314 of the Labour Code has been applied and, if so, to supply information on the penalties imposed.

3. In its previous comments, the Committee referred to information regarding cases of debt bondage in the salt mines north of Timbuktu and asked the Government to provide information on the application in practice of section 314 of the Labour Code which lays down penalties on persons infringing the provisions of section 6 on forced labour.

The Committee notes the information supplied by the Government to the effect that the salt mines are worked exclusively for the profit of the mining companies and that cases of debt bondage of any kind no longer exist. The Government specifies that the only place where some cases of forced labour existed, the penal colony at Tadouenit, was closed in the late 1980s.

The Committee notes, nevertheless, that information received still refers to the existence of debt bondage in the salt mines and that, furthermore, in the north of the country, members of the Bellah ethnic group are still the victims of slavery practices by the Tuareg people.

The Committee requests the Government to supply in its next report any information it can collect on this situation.

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1. The Committee notes with interest that under section 6 of the new Labour Code (Act No. 92-020 of 23 September 1992) forced or compulsory labour is absolutely prohibited and that the term "forced labour" does not include work decided upon by a local community as a whole involving tasks which are of direct interest to the community, provided that the population itself or its direct representatives have decided that such work is necessary (6, 4). The Committee also notes that the term "compulsory labour" does not include work required in the public interest by legislative provisions on the organization of defence, the creation of a national service or participation in development (6, 2). In its previous direct request the Committee observed that to require public works to be carried out in order to involve citizens in development is not in conformity with Article 1(b) of Convention No. 105 on the abolition of forced labour which Mali has also ratified, which aims to suppress forced labour as a method of mobilizing and using labour for purposes of economic development.

In its report, the Government refers in this connection to Act No. 87-48/AN-RM which defines the conditions for exercizing the right to requisition persons, services and assets in the cases allowed by the legislation on the general organization of defence and on states of emergency.

The Committee asks the Government to provide the legislation on the general organization of defence and states of emergency.

2. Article 25 of the Convention. The Committee asks the Government to provide information on the application in practice of section 314 of the Labour Code which provides for penalties for infringement of the provisions of section 6 on forced labour, particularly in the salt mines north of Timbuctoo where cases of debt bondage have been reported.

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1. The Committee notes that in its last report the Government indicates that in an emergency, chiefs of villages or groups are empowered to call up the population to ward off any danger threatening the rural community by virtue of the provisions of Ordinance No. 77-44/CMLN of 12 July 1977 to reorganize the territory of Mali. The administrative authorities may also order any work which is required in the public interest pursuant to the laws on the participation of citizens in development and, in cases of force majeure, call up persons and requisition property, funds, labour, etc.

With regard to the power to call up persons in an emergency, the Committee refers to the explanations contained in paragraphs 63 to 66 of its General Survey of 1979 on the Abolition of Forced Labour, and draws the Government's attention to the need to ensure that it is quite clear from the legislation that the power to exact labour is to be limited to what is strictly required in order to cope with circumtances endangering the existence or well-being of the whole or part of the population.

The Committee also points out that the imposition of public works for the purpose of obtaining the participation of the population in development is not consistent with the obligation laid down in Article 1(b) of Convention No. 105, also ratified by Mali, which aims to suppress forced labour as a method of mobilizing and using labour for purposes of economic development.

The Committee also refers to its comments on the application of Convention No. 105.

The Committee asks the Government to provide a copy of Ordinance No. 77-44/CMLN of 12 July 1977.

2. Freedom of state employees to leave the service. The Committee noted that, by virtue of section 31 of Ordinance No. 72/CMLN of 31 December 1969 to issue the new conditions of service of the army of Mali, the resignation of career officers must be accepted by the Head of State.

The Committee also noted the Government's statement that the criteria for accepting or refusing applications to resign by army officers are the domain of the Ministry of National Defence and cannot therefore be made public.

The Committee referred to the explanations in paragraphs 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour in which it points out that the effect of statutory provisions preventing resignation of employment of indefinite duration by means of notice of reasonable length is to turn a contractual relationship based on the will of the parties into service by compulsion of law and is thus incompatible with the Convention. In paragraph 72, the Committee points out that the provisions relating to compulsory military service included in the Forced Labour Convention do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of the right to leave the service in peacetime within a reasonable period, either at specified intervals or with previous notice.

The Committee asked the Government to supply only the provisions on the termination of service of career officers and to inform it of the criteria used in accepting or refusing applications to resign.

The Committee notes that the Government's reports received in November 1991 and November 1992 contain no information on this point. It hopes that the next report will contain the information requested.

3. The Committee notes the information supplied by the Government concerning rural animation centres.

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1. Freedom of state employees to leave the service. The Committee noted that, by virtue of section 31 of Ordinance No. 72/CMLN of 31 December 1969 to issue the new conditions of service of the army of Mali, the resignation of career officers must be accepted by the Head of State.

Referring to the general direct request of 1981 concerning the freedom of certain persons in the service of the State to terminate their employment, the Committee asked the Government to indicate the criteria adopted for accepting or refusing an application to resign submitted by career officers and to communicate the text of any regulation, or administrative instructions throwing light on the practice followed, including the text of any court decisions that may have been adopted on the matter.

The Committee notes the Government's statement that information concerning the criteria referred to in accepting or refusing applications to resign submitted by career officers, falls within the competence of the Ministry of National Defence and, consequently, may not be published.

The Committee refers to the explanation given in paragraphs 67 to 73 of its General Survey of 1979 on the Abolition of Forced Labour, in which it stressed that statutory provisions preventing termination of employment of indefinite duration by means of notice of reasonable length have the effect of turning a contractual relationship based on the will of the parties into service by compulsion of law and are therefore incompatible with the Convention. In paragraph 72, the Committee pointed out that the provisions relating to compulsory military service included in the Forced Labour Convention do not apply to career military service and may not be invoked to deprive persons who have voluntarily entered into an engagement of the right to leave the service in peacetime within a reasonable period, either at specified intervals, or with previous notice.

The Committee requests the Government to provide only those provisions which concern the termination of service of career officers and to supply information on the criteria referred to in accepting or refusing resignation.

2. In its previous comments, the Committee referred to the provisions in laws and regulations governing the civic service set up by Act No. 60-15/AL-RS of 11 June 1960. The Committee observed that, by virtue of Decree No. 88/PG-RM of 20 July 1966, the institutional framework of the civic service to which young persons recognised to be fit for armed service but not called up may be assigned is the rural animation centre, which, under section 2, follows the same aims as those previously attributed, in particular, to the civic service camps. The Committee asks the Government to provide the texts that concern recruitment in the rural animation centres.

In its report, the Government indicates that the provisions concerning recruitment in the rural animation centres are, for the most part, contained in the texts concerning the establishment, organisation and operation of rural animation (Decrees Nos. 41/CMLN of 25 September 1974 and 193/PG-RM of 12 December 1974).

The Committee had already pointed out that Ordinance No. 41/CMLN of 25 September 1974 relates to the establishment and functions of a national directorate of training and rural animation under the Ministry of Rural Development. Decree No. 193/PG-RM of 12 December 1974 concerns the organisation and operation of the National Directorate of Rural Animation. Neither of the above texts contains provisions on recruitment in the rural animation centres.

The Committee takes note of the Government's statement that mixed centres receive couples on a voluntary basis and that the ordinary rural animation centres receive young people who are single.

The Committee asks the Government to continue to provide information on the activities of the rural animation centres and to supply the texts which establish the voluntary nature of participation in such centres.