Effect given to the recommendations of the committee and the Governing Body - REPORT_NO386, June 2018

Effect given to the recommendations of the Committee and the Governing Body

1. 47. The Committee last examined this case, which concerns the repeated refusal of the Government to appoint representatives of the Trade Union Confederation of Workers of Mali (CSTM) to the Economic, Social and Cultural Council (CESC) and to national tripartite consultation bodies in general, at its October 2015 meeting [see 376th Report, paras 76 to 81]. On that occasion, the Committee deeply regretted that the Government had disregarded the Committee’s prior recommendations and had continued to exclude the CSTM from the membership of the CESC by Decree No. 2015-0024/P.RM of 29 January 2015. This disregard was, moreover, in violation of the decisions of the highest court of the country on the matter.
2. 48. However, the Committee welcomed the Government’s efforts to resolve the issue of trade union representativeness by requesting the Office to send a high-level mission. The mission, which took place in June 2015, had noted that there was unanimous agreement that professional elections were the best means of assessing trade union representativeness and that they should be organized as a matter of urgency. The Committee believed that it was for the Government to make tangible progress on the issue by taking all necessary measures to organize the professional elections. Meanwhile, the Committee requested the Government to adopt an attitude of complete neutrality and to allow the CSTM to participate in the tripartite consultation bodies in which it had expressed interest.
3. 49. In a communication dated 9 May 2016, the Government indicated that Mali’s trade union movement now consisted of four trade union confederations: the Union Confederation of Workers of Mali (UNTM), the CSTM, the Malian Labour Confederation (GMT) and the Democratic Confederation of Malian Workers (CDTM). The Government also indicates that it wishes to safeguard the achievements of the UNTM by maintaining the status quo until it can ensure representativeness through the professional elections that it plans to organize in the near future. In a communication dated 20 October 2017, the Government indicates that the roadmap on the professional elections has been examined at an inter-ministerial meeting. The Government explains that, pending the organization of these elections, it has decided to maintain the status quo in the composition of the CESC since it would be difficult to have only the CSTM participate in the social dialogue bodies. The Government believes that the upcoming professional elections on representation will make it possible to resolve the issue of the composition of the tripartite consultation bodies once and for all.
4. 50. The Committee regrets that the Government has still not decided to follow the recommendations concerning the CSTM’s participation in the CESC and that, despite the time that has elapsed since its previous examination of the case, there has been no tangible progress in organizing the professional elections for which the social partners have called unanimously. The Committee does, however, consider encouraging the Government’s most recent statements regarding the submission to the Council of Ministers of a roadmap on the elections. The Committee expects the Government to take all necessary measures with a view to the organization of professional elections in the near future and trusts that the Government will keep it informed of the objective criteria employed, in consultation with the trade union organizations, in determining their representativeness.