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Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

1.Trafficking in persons

Articles 1(1) and 2(1) of the Convention, and Article 1(2) of the Protocol. Systematic and coordinated action. The Committee previously requested the Government to provide information on the implementation of the Strategic Plan to Combat Trafficking in Persons and on the activities of the National Agency to Combat Trafficking in Persons and the Smuggling of Migrants and the National Coordinating Committee to Combat Trafficking in Persons and Similar Practices (CNCLTPPA).
The Government indicates in its report that in 2021, action to combat trafficking in persons and similar practices were articulated around prevention, protection, prosecution and partnerships and that the many types of action undertaken were entirely covered by the national budget. The Government refers to the adoption of the National Plan of Action to Combat Trafficking in Persons 2018-22 and indicates that this five-year plan is subdivided into annual plans of action. The Plan of Action provides for the establishment of the National Coordination Agency for Action to Combat Trafficking in Persons and the Smuggling of Migrants (ANCTP-TiM), of which the means of action will be determined by decree. In the meantime, the CNCLTPPA will continue to be responsible for coordinating the action envisaged in the five-year plan. Furthermore, the Plan of Action envisages the development of a monitoring and evaluation structure of the action taken, and a final evaluation of its implementation. The Committee welcomes the adoption of the National Plan of Action to Combat Trafficking in Persons 2018-22 and requests the Government to provide the evaluation reports on the implementation of the Plan of Action, with an indication of the manner in which the objectives set out in the Plan of Action have been achieved, any difficulties encountered, and the measures adopted to overcome them. It requests the Government to provide information on the activities undertaken by the CNCLTPPA and the ANCTP-TiM with a view to ensuring systematic and coordinated action by the competent authorities and other actors concerned.
Article 25 of the Convention, and Article 1(3) of the Protocol. Imposition of penalties and reinforcement of the capacities of the law enforcement authorities. With reference to the imposition of sufficiently dissuasive penalties on persons responsible for trafficking, such as those envisaged in the Act No. 2012-023 of 12 July 2012 on action to combat trafficking in persons and similar practices, the Government indicates that the 2012 Act is still under review and will be examined by an interministerial meeting before being adopted by the Council of Ministers. Awareness-raising and training activities are envisaged as soon as the revised Act has been adopted by the legislative body. The Government adds that capacity-building activities for the law enforcement authorities were undertaken in 2020-21 and resulted in the identification of 47 cases of trafficking in persons and the smuggling of migrants, involving over 106 persons. The Government specifies that these cases are under investigation and that efforts are required to accelerate the procedures in order to achieve convictions. The Committee also notes that the National Plan of Action to Combat Trafficking in Persons 2018-22 envisages, among the action to be taken, the preparation and dissemination of a manual of special investigation techniques for the law enforcement authorities, as well as the organization of training workshops for police officers, gendarmes and magistrates. The Committee also notes the adoption of the Order No. 2019-3536/MSPC of 10 October 2019 on the establishment, organization and operation of the brigade for the repression of the smuggling of migrants and trafficking in persons. The Committee encourages the Government to continue its efforts and to continue reinforcing the resources and capacities of the law enforcement authorities (and particularly the forces of order, the Office of the Attorney-General and magistrates), so that they are fully in a position to identify cases of trafficking and to prosecute and impose effective penalties on those responsible. The Committee also requests the Government to provide information on: (i) the progress achieved in the review of the 2012 Act; (ii) the convictions handed down in the 47 cases of trafficking in persons and the smuggling of migrants referred to above; and (iii) the number of convictions and the penalties imposed on persons found guilty of trafficking in persons.
Article 2 of the Protocol. Prevention. Clauses (a) and (b). Awareness-raising, education and information. In response to the Committee’s request for information on awareness-raising on trafficking and data collection, the Government indicates that awareness-raising, information and training activities have been carried out for specific categories, including victims of trafficking and professionals, on a range of subjects, including the laws covering action to combat trafficking in persons, the causes and consequences of trafficking, complaint procedures and victim protection and assistance measures. In 2021, some 124,598 persons were reached by awareness-raising and training activities, of whom 53,980 were women, in the regions of Koulikoro, Ségou, Sikasso, Kayes, Mopti, Gao and Timbuktu. The Government adds that it would like the awareness-raising and training activities to be pursued and intensified, with greater participation by the media, artists and influential persons. It also indicates that the 2021 annual report on trafficking envisages, in its recommendations, the preparation and dissemination of reference and communication materials against trafficking in persons, as well as the establishment of a national data collection system on trafficking in persons and similar practices. In view of the importance of the availability of reliable data on the characteristics and extent of trafficking, the Committee hopes that the national data collection system on trafficking in persons will soon be operational and requests the Government to provide information on the progress achieved in this regard and the data collected. The Committee also requests the Government to continue providing information on the activities undertaken to prevent trafficking in persons, particularly by raising the awareness of and informing the population and the actors concerned by trafficking.
Clause (d). Migrant workers and recruitment processes. The Committee previously requested the Government to provide information on the national migration policy and the partnerships developed with other countries for the protection of migrant workers from Mali. The Government indicates that the National Migration Policy (PONAM) adopted in 2014 is intended to cover a period of ten years. The Committee notes in this regard that, following the Plan of Action 2015-19 of the PONAM, information from the International Organization for Migration (IOM) indicates that a workshop was organized to update the Plan of Action of the PONAM for the period 2020-24. With reference to partnerships, the Government indicates that it has no additional information on the implementation of a system for the recruitment and management of the lawful migration of workers with Saudi Arabia, as events in the country have slowed the process down. Also with reference to the comments that it has made concerning the application of the Private Employment Agencies Convention, 1997 (No. 181) (direct request 2019), the Committee requests the Government to provide information on the measures taken to inform and protect migrant workers against any abuses and fraudulent practices during the recruitment and placement process, including within the framework of the Plan of Action of the National Migration Policy 2021-24. Please provide information on any agreements concluded with countries which receive migrant workers from Mali with a view to protecting their rights and conditions of work.
Article 3 of the Protocol. Identification and protection of victims. With regard to the measures taken to identify and protect victims of trafficking in persons, the Committee notes the Government’s indication that where there are reasonable grounds for considering that a person is a victim of trafficking, any authority responsible for the provision of a public service shall examine and assess the case of such a person within 72 hours, and then issue any relevant document certifying that the conditions have been met for the victim to have access to protection and assistance. The Government indicates that the assistance provided varies depending on the victim, and in general includes accommodation, health care, legal and judicial assistance, psycho-social support, education and vocational training, and rehabilitation. During the course of 2021, a total of 582 victims, including 446 women, benefited from holistic support.
The Committee also notes that the National Plan of Action to Combat Trafficking in Persons 2018-22 provides, among other action, for: (i) the establishment of a hotline for assistance to victims of trafficking; (ii) the development of tools and procedural guides on assistance and protection of victims; (iii) the organization of training courses on special assistance and protection measures for victims; and (iv) the establishment of regional pilot structures for the identification and provision of assistance to victims. The Committee requests the Government to continue its efforts to ensure adequate protection to victims with a view to their recovery and rehabilitation when they return to Mali and to provide information on the implementation of the measures referred to above set out in the National Plan of Action. Please continue to provide information on the number of persons identified as victims of trafficking, and on the nature of the protection and assistance provided to them.
Article 4(1) of the Protocol. Access to remedies and compensation. The Government indicates that the assistance provided to victims of trafficking in persons may include legal and judicial assistance. The Committee also notes that, the activities set out in the National Plan of Action to Combat Trafficking in Persons 2018-22 include the establishment of a compensation fund for victims of trafficking (with a view to facilitating their return, repatriation and reintegration) and of systematic legal and judicial assistance measures. The Committee requests the Government to indicate the number of victims who have benefited from legal and judicial assistance and to describe how the compensation fund for victims of trafficking in persons has been implemented.
Article 4(2) of the Protocol. Non-prosecution of victims for acts committed under constraint. The Committee requests the Government to indicate the manner in which it ensures that the competent authorities do not prosecute or impose penalties on victims of trafficking in persons who have participated in unlawful activities 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 previously drew the Government’s attention to the fact that the penalties established in the Labour Code for the exaction of forced labour (section 314) and in the Penal Code for offences against the freedom of work (section 132) are not sufficiently dissuasive. It notes the Government’s indication that it does not have available verified information on the prosecutions launched and the penalties imposed under section 314 of the Labour Code and section 132 of the Penal Code. The Government refers to the preliminary draft amendment of the Penal Code with a view to penalizing slavery in all its forms.
In view of the gravity of the crime of forced labour, the Committee once again requests the Government to take the necessary measures, particularly in the context of the process of the amendment of the Penal Code, to ensure that really effective and dissuasive penalties are established in the legislation against persons engaging in the exaction of any form of forced labour. It requests the Government to provide information on the measures taken in this regard and, in the meantime, to indicate whether persons have been prosecuted under sections 314 of the Labour Code and 132 of the Penal Code and, if so, the penalties imposed.
Article 2 of the Protocol. Prevention measures. Clause (c). Labour inspection and other services. Further to its previous comments, the Committee notes the Government’s indications that magistrates and the labour inspection services receive training on forced labour issues, although such training is provided subject to the availability of budgetary allocations and no training on this subject was provided in 2021. With reference also to the comments that it has made on the application of the Labour Inspection Convention, 1947 (No. 81) (2021 direct request), the Committee encourages the Government to continue its efforts to reinforce the resources and capacities of the labour inspection and other services responsible for the enforcement of the law with a view to strengthening their role in the prevention and detection of cases of forced labour.
Clause (e). Due diligence by both the public and private sectors. The Committee notes the project “Promoting fundamental principles and rights at work in the cotton supply chain” in Mali for the period 2017-22. It also notes that, according to the outcome of the Decent Work Country Programme (DWCP), the Mali Textile Development Company (CMDT) and the Confederation of Cotton Producers’ Cooperatives have the technical capacity, acquired in 2021-21 to provide basic training on cooperative management and fundamental principles and rights at work in the various cotton production zones. The Committee requests the Government to provide information on the measures adopted to provide support to enterprises in the public and private sectors for due diligence to prevent and respond to risks of forced labour.
Clause (f). Action to address the root causes of forced labour. The Committee notes the Government’s indication that a project to combat forced labour and trafficking in persons was launched in the Sikasso region in June 2022 with ILO support and that its objective is to address the root causes of child labour and forced labour, including through the establishment of income-generating activities for the parents of children. The Committee also notes that, in its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (2020 direct request), it noted several plans and programmes, including: (i) the National Gender Policy (PNG); (ii) the Ten-Year Development Plan for the Empowerment of Women, Children and the Family (PDDAFEF 2029-29); and (iii) the Ten-Year Development Programme for Education and Second-generation Vocational Training (PRODEC II) 2019-28. The Committee requests the Government to continue providing information on the measures taken to address the root causes and factors which increase the vulnerability of persons to forced labour, including programmes and initiatives to combat discrimination, promote education and vocational training and encourage social protection and access to employment.
Articles 4(2) and 6 of the Protocol. Consultation of organizations of employers and workers. In response to its previous request concerning the consultation of employers’ and workers’ organizations concerning the action taken to combat all forms of forced labour, the Government indicates that all employers’ and workers’ organizations participated through workshops in the design, implementation and evaluation of the National Plan of Action to Combat Trafficking in Persons and the Strategy to Combat Slavery. However, the Committee notes that, in its observations attached to the Government’s report, the National Council of Employers of Mali (CNPM) indicates that it was not involved in the activities carried out within the framework of the Plan of Action to Combat Trafficking in Persons and Similar Practices 2015-17. The Committee requests the Government to ensure that the employers’ and workers’ organizations concerned are consulted on the formulation and evaluation of policies and plans of action to combat trafficking in persons and slavery.

3.Exception to the definition of slavery

Article 2(2)(a) of the Convention. Work exacted in virtue of compulsory national service.With reference to the need for the Government to bring the legislation into conformity with the practice described by amending Act No. 2016-038 of July 2016 creating the National Youth Service so as to reflect its voluntary nature, the Committee refers to its direct request on the application of the Abolition of Forced Labour Convention, 1957 (No. 105).

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 1(1) and 2(1) of the Convention, and Articles 1(2), 2 and 3 of the Protocol. Hereditary servitude. Systematic and coordinated action and protection of victims. The Committee previously noted with concern the persistence of slavery-like practices and requested the Government to take the necessary measures to assess the extent of the phenomenon of slavery and to adopt systematic and coordinated action to bring it to an end.
The Government indicates in its report that a study on hereditary servitude in the Kayes region and a national strategy to combat hereditary servitude were validated in July 2021 by the National Human Rights Commission (CNDH). The Committee notes that, according to the study, the causes of the persistence of hereditary servitude are of an economic nature (“slave masters” have large areas of land and slaves are the workforce to work on the land), but are also due to persistent traditional and religious beliefs (local customs, which provide the basis for a form of social domination, facilitate the practice of slavery) and the ignorance of populations (which are rural and mostly illiterate in the areas where slavery persists). The study emphasizes that slaves work for their masters in order to benefit from working the land. The slave either works exclusively for the master, who benefits from the whole harvest, or works both for the master and for him or herself. In the latter case, there are slaves who have access to lands on a precarious basis in return for accepting their conditions and servile status. They are required to work the land for their masters before tending their own fields.
The Committee also notes that, in its 2020 annual report, the CNDH emphasizes that the phenomenon of hereditary servitude in the Kayes region is demonstrating worrying trends, particularly as a result of its increasingly violent forms, which have resulted in the loss of human life, the abuse of physical and moral integrity, the right to property and internally displaced persons (page 5). The year 2020 was a highpoint in the expression of horror at the practice of slavery. Harmful discriminatory practices in respect of “descendants of slaves” are undeniable and recurrent. They mainly take the form of ill-treatment, aggression, the seizure of property and even total banishment from society. The CNDH emphasizes that these forms of violence are often a result of the refusal by “descendants of slaves” to accept their lower social status. Moreover, anyone who denounces this form of discrimination is systematically subjected to reprisals, often encouraged and carried out by the traditional chiefs of the various areas (pages 34 and 35).
The Committee notes that United Nations human rights experts reported, in a press release dated 29 October 2021, a series of barbarous attacks in 2021 against hundreds of persons born into slavery. The experts refer to eight attacks between January and September in the Kayes region, during which one person was killed, at least 77 were injured and over 3,000 people considered to be “slaves” were displaced.
The Committee expresses deep concern at this information, which bears witness to the persistence of the system of hereditary servitude in the country under which people are victims of forced labour, multiple forms of discrimination and violence when they attempt to assert their rights. The Committee recalls, as confirmed by the CNDH study, that the causes of the persistence of such practices are complex and multidimensional and that systematic and coordinated action is required to combat the phenomenon involving all sectors of society (economic, social, religious and so forth). It also notes that Mali is benefiting from ILO technical assistance through the project to combat slavery and discrimination based on slavery in Mali (2019–23). The project aims to improve stakeholders’ knowledge and raise their awareness of slavery and slavery-based discrimination, strengthen victims’ access to economic independence and legal assistance services, and reinforce the legislative framework and its enforcement.
The Committee urges the Government to renews its efforts to bring an end to the practice of hereditary servitude and trusts that it will take the necessary measures as soon as possible to:
  • (i)implement the national strategy to combat slavery, with a view to ensuring systematic and coordinated action by the competent authorities and other actors involved;
  • (ii)designate the authority competent for the implementation of the strategy and provide it with the necessary resources for the discharge of its functions;
  • (iii)raise awareness, educate and inform the whole population of the real situation and the gravity of slavery-like practices, including the traditional and religious authorities in regions where slavery persists; and
  • (iv)identify, free and assist victims and ensure that they benefit from protection that is adapted to their situation to enable them to assert their rights, obtain compensation and recover psychologically, economically and socially.
Article 25 of the Convention and Article 1(3) of the Protocol. Imposition of penalties. The Committee previously requested the Government to take the necessary measures to ensure that prosecutions are undertaken in cases of slavery, and to reinforce the capacities of actors in the criminal justice system. The Government indicates that a preliminary draft of an amendment to the Criminal Code was validated on 20 August 2022 which seeks to include a specific offence of slavery in all its forms, including hereditary servitude, and establish specific penalties for this crime. The Government adds that once the amended Criminal Code has been adopted, particular emphasis will be placed on slavery and its various forms through an awareness-raising and training campaign for actors in the criminal justice system. The Government specifies that a 2019 circular of the Minister of Justice and Human Rights calls on magistrates to punish all offences related to the phenomenon of hereditary servitude.
The Committee notes the Government’s indication that, in the context of the project to combat slavery and slavery-based discrimination in Mali, the Government, with ILO support, has been able to train 20 labour inspectors and controllers on the laws and policies to combat slavery, and on the identification and denunciation of cases of slavery and forced labour within the context of inspections undertaken in rural areas and the informal economy.
The Committee also notes, according to the information contained in the quarterly note of 30 May 2022 of the United Nations Multidimensional Integrated Stabilization Mission in Mali (MINUSMA) on trends of violations and abuses of human rights in Mali, that some progress has been made in combating impunity, including remand warrants being issued for at least 30 persons in the context of investigations of acts of violence against persons considered to be “slaves”. Moreover, the Minister of Justice and Human Rights has instructed the Prosecutor General of the Appeal Court of Kayes to organize a special session of the Assizes in 2022, focusing specifically on the judgement of cases relating to hereditary servitude practices (paragraph 52).
The Committee expresses the firm hope that the draft amendment to the Criminal Code will be adopted without delay, that it will contain provisions defining the constituent elements, incriminating and punishing hereditary servitude and all related offences, and that it will be broadly disseminated to the competent authorities and all groups of the population. The Committee also urges the Government to continue its efforts to reinforce awareness-raising activities and build the capacities of law enforcement institutions (the labour inspection services, the forces of order, the investigation and judicial authorities) in order to ensure that cases of slavery are identified, evidence gathered and prosecutions launched so that those responsible for such practices are punished. The Committee requests the Government to provide information on the number of cases of slavery that have been identified, the number of prosecutions initiated and the number and nature of the penalties imposed.
The Committee hopes that the Government will continue to avail itself of ILO technical assistance with a view to achieving notable progress in the fight against slavery in the near future.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee welcomes the ratification by Mali of the Protocol of 2014 to the Forced Labour Convention, 1930. It notes the Government’s report on the Convention and the first report on the Protocol.

Slavery-like practices and hereditary servitude

Articles 1(1) and 2(1) of the Convention, and Article 1(2) of the Protocol. Systematic and coordinated action. In its previous comments, the Committee expressed the hope that the Government would be able to report the action taken to examine the issue of the persistence of slavery and to take the necessary measures to bring an end to any practice under which persons considered to be descendants of slaves are forced to perform work without giving their valid consent.
The Committee notes the Government’s indication that the insecurity in the north of the country makes it difficult to take any initiative for the examination of the situation in question. However, action is being taken to examine the issue of the persistence of slavery and the measures necessary to bring it to an end. The Committee notes that, in his 2020 report, the United Nations Independent Expert on the situation of human rights in Mali indicates that he has been informed of several cases involving physical violence, threats and banishment of victims of slavery, including the arbitrary arrest and detention of 16 anti-slavery human rights defenders (A/HRC/43/76, paragraph 29). The Committee also notes that a new project has been initiated to combat slavery and discrimination on the basis of slavery, which was developed by the Government and the ILO and its partners. The Committee notes with concern the persistence of slavery-like practices in the country and the lack of systematic and coordinated action to bring it to an end. The Committee requests the Government to take the necessary measures, including within the framework of the project developed with the ILO, to assess the extent of the phenomenon of slavery and similar practices and to develop a strategy for the implementation of systematic and coordinated action to bring an end to these practices.
Article 25 of the Convention and Article 1(3) of the Protocol. Imposition of penalties. The Committee notes the lack of judicial action and penalties in cases related to slavery. The Committee notes that, under the terms of section 29 of the Penal Code, slavery is defined as a crime against humanity and is punishable by the death penalty. Moreover, section 243 of the Penal Code provides that debt bondage and slavery shall be punishable by a sentence of imprisonment of from six months to two years and a fine of between CFA20,000 and 100,000. The Committee therefore requests the Government to take the necessary measures to ensure that prosecutions are undertaken in cases of slavery, and to provide information in this regard and on the penalties imposed. It also requests the Government to take measures to reinforce awareness-raising activities and training for actors involved in the criminal justice system in relation to the suppression of slavery-like practices.
Articles 2 and 3 of the Protocol. Awareness-raising measures. Identification and protection of victims. The Committee notes the lack of information on measures for the prevention of slavery and for the identification and protection of the victims of slavery. The Committee requests the Government to provide information on the measures adopted to raise awareness of the issue of the persistence of slavery-like practices, and to identify and protect the victims. It also requests the Government to provide information on the number of victims identified, those that have benefited from protection and the nature of the protection provided.
The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. The Committee previously referred to the adoption of Act No. 2012-023 of 12 July 2012 on action to combat trafficking in persons and similar practices, and the creation of the National Coordinating Committee to Combat Trafficking in Persons and Similar Practices, and requested the Government to indicate the measures adopted to give effect to the Act, prevent trafficking and protect victims. In its report, the Government indicates that it does not have knowledge of prosecutions initiated or court rulings handed down under Act No. 2012-023. The Committee also notes that, in the general policy statement of 27 May 2015, the Prime Minister expressed the will of the Government to reinforce the capacities of the National Coordinating Committee to Combat Trafficking in Persons and Similar Practices and to implement the Plan of Action 2015–17 to Combat Trafficking in Persons and Similar Practices. The Committee requests the Government to provide a copy of the Plan of Action 2015–17 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. In particular, please provide detailed information on the measures intended to: (i) prevent trafficking in persons for both sexual exploitation and labour exploitation (public awareness-raising measures, in general, and in particular campaigns targeting prospective migrants and explain the risks); (ii) reinforce the training and human and material resources of enforcement agencies (the forces of order, labour inspection, the prosecution services and judges); and (iii) identify victims and provide them with adequate protection. Finally, the Committee requests the Government to provide information on the prosecutions initiated under Act No. 2012-023 on action to combat trafficking in persons and similar practices, on the court rulings handed down and the penalties imposed.
2. Slavery-like practices and hereditary servitude. In its previous comments, the Committee recognized the significant efforts made by the Government to restore the authority of the State in northern Mali. It requested the Government to provide information on the measures taken to examine the situation of persons who are still considered to be descendants of slaves in this region. In its report, the Government indicates that, despite the signature of a peace agreement with the armed groups in May and June 2015, the Government has still not re-established its authority over all of the northern regions. This situation makes it difficult to take any initiative to examine the issues raised. The Committee takes due note of this information. It observes that the issue of the persistence of slavery in Mali is also a cause of concern for the independent expert on the situation of human rights in Mali, who regularly visits the territory (United Nations Human Rights Council documents from 2014 and 2015, A/HRC/25/72, paras 61 and 63, and A/HRC/28/83, paras 101 and 102). The Committee is aware of the difficulties experienced by the country in view of the presence of armed groups in northern Mali and it hopes that the Government will be able to describe in its next report the action taken to examine the issue of the persistence of slavery and to take the necessary measures to bring an end to any practice under which persons considered to be descendants of slaves are forced to perform work without giving their valid consent.
Article 2(2)(a). Work imposed in the framework of compulsory national service. The Committee noted previously 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 the Government’s intention to re-establish national service and requested it to provide further information on this subject. The Government indicates that, with a view to the re-establishment of National Youth Service (SNJ), a study was carried out, based on which a workshop was held with the objective of validating the draft legislative texts on the creation, organization and operation of the SNJ. The Government adds that the final texts have still not been adopted. The Committee notes this information. It also observes, from the communiqué of the Council of Ministers of 2 December 2015, available on the Government’s official website, that the Council of Ministers has adopted a Bill establishing the SNJ. The communiqué specifies that the introduction of the SNJ will contribute to completing the education and the 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. This service will be compulsory for all young persons in Mali. The Committee recalls that while, for reasons relating to the need to ensure the national defence, work imposed in the context of compulsory military service does not fall within the scope of application of the Convention, this exception is nevertheless circumscribed by conditions. For example, under the terms of Article 2(2)(d) of the Convention, if it is not to constitute forced labour, any work exacted within the framework of military service must be “for work of a purely military character”. In so far as the SNJ, which the Government intends to introduce, appears to be of a compulsory nature and include activities relating both to national defence and to economic development, the Committee requests the Government to take the necessary measures to ensure that compulsory labour exacted from persons within the framework of the SNJ is of a “purely military character”. The Committee also refers to the comments that it is making in the context of the application of the Abolition of Forced Labour Convention, 1957 (No. 105), concerning the compatibility of the SNJ with this latter Convention.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Articles 1(1) and 2(1) of the Convention. 1. Trafficking in persons. With reference to its previous comments, the Committee notes the adoption of Act No. 2012-023 of 12 July 2012 on action to combat trafficking in persons and similar practices, and the creation of the National Coordinating Committee to Combat Trafficking in Persons and Similar Practices. The Committee notes with interest that the Act criminalizes trafficking in persons for sexual exploitation and forced labour and establishes prison sentences of between five and ten years, which may rise to life imprisonment when there are aggravating circumstances. The organized exploitation of begging by others and the illicit trafficking of migrants are also incriminated. The Committee also notes that the Act contains a number of provisions intended to extend the powers of prosecution of the authorities and to protect victims during such procedures. The Committee hopes that the adoption of a specific Act against trafficking in persons and the establishment of an institution responsible for coordinating action in this field will result in the adoption of specific measures encompassing the various components of an effective strategy to combat trafficking in persons. The Committee therefore requests the Government to provide information on the measures taken to:
  • – prevent trafficking in persons for both sexual exploitation and labour exploitation (awareness-raising measures, particularly for prospective migrants, information campaigns);
  • – reinforce the capacity of law enforcement agencies (the forces of order, labour inspection, Ministry of the Interior, judges); and
  • – identify victims and provide them with adequate protection.
Please also provide information on the number of prosecutions initiated under the Act of 2012 on action to combat trafficking in persons and similar practices, and the rulings handed down, indicating the nature of the penalties imposed.
2. Slavery-like practices and hereditary servitude. In its previous comments, the Committee requested the Government to provide information on the persistence of slavery-like practices and hereditary servitude in the north of the country. In its report, the Government indicates that, for now, it does not have sufficient information available to justify a study on the relations between the descendants of slaves and the descendants of masters in the north of Mali. However, the Committee observes that there is a civil society movement undertaking action to raise awareness of the issue of slavery in Mali. It also observes that, in his January 2013 report, the independent expert on the situation of human rights in Mali notes with concern that “Tuareg society is composed of clans and a confederation of clans with a rigid hierarchical structure that ensures that the Bellas, dark-skinned Tuaregs, still regarded as slaves and who are denied their inherent human rights and dignity, are kept at the bottom of the social scale.” The independent expert also considers that the sexual violence committed by armed groups during the occupation of northern Mali in January 2012 was targeted in particular against “women and girls of the Bella community, who are regarded as descendants of the slaves of Tuaregs,” (United Nations Human Rights Council document, A/HRC/25/72, paragraphs 61 and 63).
While aware of the difficulties that Mali has experienced over the past two years and the significant efforts made to restore the authority of the State in northern Mali, the Committee requests the Government to provide information on the measures taken to examine the situation of persons who are still considered to be descendants of slaves and who are therefore in a situation of vulnerability in which work could be imposed upon them without their valid consent.
Article 2(2)(a) and (d). Work imposed in the framework of military service or force majeure. The Committee noted previously 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. Furthermore, under the terms of 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, requisitioning could be authorized in situations other than mobilization or wartime. The Committee requested the Government to provide copies of the legislative texts regulating national service, states of emergency and the organization of defence so that it could ensure that labour which could be exacted under such circumstances falls within the exceptions to forced labour authorized by Article 2 of the Convention.
The Committee notes that the texts which the Government indicated were attached to its report have not been provided. It also observes, according to the press release of the Council of Ministers of 4 June 2014, that the Government wishes to re-establish national service, which had been suspended since 1991. The Committee once again requests the Government to provide a copy of the Act of 1983 establishing national youth service, and information on the re establishment of national service (the texts adopted, conditions of participation, the work carried out, etc.). In this respect, it recalls that, in order not to be considered forced labour, labour imposed within the framework of compulsory military service laws must, in accordance with Article 2(2)(a) of the Convention, be “of a purely military character”. The Committee also requests the Government to provide a copy of the Act on the general organization of defence, and any texts issuing regulations on states of emergency.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret 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:
Repetition
Articles 1(1) and 2(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 has noted 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(2)(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 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 noted that 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.
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 hopes that the Government will be able to provide the information requested in its next report.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret 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:
Repetition
Articles 1(1) and 2(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 has noted 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(2)(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 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 noted that 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.
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 hopes that the Government will be able to provide the information requested in its next report.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the information provided by the Government on the conditions under which penalties of work in the general interest may be applied. It notes that the Government’s report contains no reply to the other points raised in its previous direct request. It hopes that the next report will include full information on the following matters.
Articles 1(1) and 2(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 has noted 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(2)(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 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 noted that 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.
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 hopes that the Government will be able to provide the information requested in its next report.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

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.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

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.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

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.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

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.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

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.

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