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Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Mali (RATIFICATION: 1964)

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The Committee notes the Government’s detailed replies to the 2017 observations of the International Trade Union Confederation (ITUC) concerning the situation of trade union leaders in the health sector and belonging to a particular national police union. The Committee also observes that the Government states that, in the mining sector, numerous cases relating to the dismissal of workers have been pending before the competent judicial authorities for nearly ten years. Recalling that it is important to ensure, in cases of anti-union discrimination, that judicial decisions are handed down as quickly as possible, the Committee requests the Government to take appropriate measures to ensure that disputes concerning anti-union discrimination are addressed in a far more rapid manner and to continue providing information in this regard.

Article 4 of the Convention. Promotion of collective bargaining. Determination of the representativeness of trade union organizations. Referring to its previous comments, particularly the results of the high-level mission which visited Bamako in 2015 to address the issue of the representativeness of trade union organizations, the Committee recalled the urgent need to determine the procedures for occupational elections, after consultation of the organizations concerned, in order to give full effect to the provisions of the Labour Code relating to collective bargaining. The Committee notes the Government’s indication that the social partners have still not reached an agreement on determining the threshold of representativeness for occupational elections; that it reiterates its commitment to holding occupational elections with maximum transparency and objectivity in collaboration with the trade unions; and that it intends to continue consultation meetings with a view to determining and adopting the representativeness threshold. The Committee notes the Government’s explanation that the action launched to this end could not be pursued because of the social and political instability in the country in 2020 but that it plans to hold occupational elections to determine representativeness by the end of 2021, after the labour conference planned for November. The Committee reiterates the firm hope that the Government will soon be able to report on the holding of these elections and that the results will make it possible to determine clearly the representative organizations for the purpose of collective bargaining at all levels. The Committee reminds the Government that it may request technical assistance from the Office in this regard.

Right to collective bargaining in practice. The Committee notes the Government’s indication that at present there are 21 collective agreements and 125 collective accords concluded in different sectors of activity but that it does not have statistical data on the number of workers covered. It also notes the indication that the process of reviewing obsolete collective agreements is under way at the National Directorate of Labour; that a new collective agreement for the hotel industry was signed in 2020; that discussions are in progress with the social partners with a view to the adoption of the collective agreement for private transport drivers in Mali and in other sectors such as telecommunications, secular private teaching and the pharmaceutical industry; and, lastly, that an inter-occupational agreement is being examined by the National Union of Workers of Mali (UNTM). The Committee requests the Government to continue providing full information on the number of collective agreements and accords concluded in the country, including the sectors concerned and the number of workers covered.

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The Committee notes the observations of the International Trade Union Confederation (ITUC), received in September 2017, concerning allegations of discrimination against trade union leaders in the health sector and belonging to a trade union of the national police, including their dismissal. The Committee requests the Government to provide its comments in response to these allegations.

Article 4 of the Convention. Promotion of collective bargaining. Determination of the representativeness of trade union organizations. The Committee previously requested the Government to provide information on the organization of occupational elections, as provided for under the Labour Code. The Committee notes the report of the high-level mission which visited Mali in June 2015 at the request of the Government, to address the issue of the representativeness of trade union organizations. The mission met with all the national social partners and reported on the unanimity expressed about the use of occupational elections to measure trade union representativeness, and regarding the urgent need to organize them. The Committee notes the Government’s indication in its report that these occupational elections have not yet been held owing to a persistent disagreement between the trade union organizations as to the method of voting, but that it expects to resume the process in September 2017. The Committee welcomes the Government’s efforts to reach an agreement on the issue of trade union representativeness, and recalls the urgent need for a solution in order to give full effect to the provisions of the Labour Code relating to collective bargaining. The Committee therefore encourages the Government to take all the necessary measures to determine as soon as possible, after consultation of the organizations concerned, the procedures for occupational elections. It expects that the Government will soon be able to report on the holding of these elections and that the results will make it possible to determine clearly the representative organizations for the purpose of collective bargaining at all levels.

Right to collective bargaining in practice. The Committee requests the Government to provide full information on the number of agreements concluded in the country, the sectors concerned and the number of workers covered.

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The Committee recalls that its previous comments referred to the need to allow the Confederation of Workers’ Unions of Mali (CSTM) to participate in those tripartite consultation bodies in which it expressed interest and to provide information on the organization of occupational elections provided for under the Labour Code. The Committee notes the Government’s indication that it is planning to organize these occupational elections in the near future. With this in mind, on 5 March 2014, the Government adopted an Order establishing electoral commissions (national, regional and local), and it states that it has asked the social partners, including the CSTM, to appoint their representatives to the National Electoral Commission. The Committee trusts that the Government will provide information in its next report on the holding of these occupational elections, and it hopes that their results will make it possible to determine clearly the representative organizations with a view to collective bargaining at all levels.

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The Committee notes the comments dated 4 August 2011 from the International Trade Union Confederation (ITUC) concerning, in particular, the matters examined by the Committee on Freedom of Association (CFA) (Case No. 2756). It notes the conclusions and recommendations of the CFA relating to this case (see 359th Report), especially the recommendation requesting the Government to take the necessary measures to allow the Confederation of Workers Union of Mali (CSTM) to participate in those tripartite consultation bodies in which it has expressed interest and the recommendation requesting the Government to organize as soon as possible the occupational elections provided for in the Labour Code, taking into account the principles of freedom of association.

The Committee endorses the conclusions and recommendations of the Committee on Freedom of Association. Underlining the importance of these issues, the Committee requests the Government to provide information on any further developments in this regard.

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The Committee notes the comments made by the Mali Workers’ Trade Union Confederation (CSTM) in its communication of 14 December 2000, on the application of the Convention in Mali, and asks the Government to send its observations on them.

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The Committee would be grateful if the Government would supply information on the manner in which collective bargaining is carried out in practice in both the public and private sectors (number of agreements concluded, number of workers and sectors covered, etc.).