Observación (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

The Committee notes the information supplied by the Government in its report, the comments made by the Mali National Union of Workers and the content of Act No. 92 of 23 September 1992 to issue the Labour Code.

The Committee observes with interest that section 229 of the Labour Code, as amended, provides, as the Committee suggested, for the Minister of Labour, should one or both parties dissent, to refer a dispute to compulsory arbitration if it involves essential services whose interruption could endanger life, personal safety or health. The Committee points out, however, that the same section continues to empower the Minister to order compulsory arbitration to end a strike in essential services whose interruption could impair the proper functioning of the national economy or a strike in a vital occupation. In this connection, the Committee recalls that it suggested that the Government amend its legislation to limit the Minister's powers to strikes which, by reason of their scope and duration, could lead to an accute national crisis.

The Committee also notes Decree No. 90-562/P-RM of 22 December 1990 establishing the list of jobs and services which are essential to the maintenance of minimum services in the event of a strike in the public services, communicated by the Mali National Union of Workers. The Committee observes that the above list allows compulsory maintenance of a service not only in essential services in the strict sense of the term and in the case of public servants acting as agents of the public authority, which is admissible in terms of the principles of freedom of association, but also in services which are not necessarily essential and in the case of public servants who do not necessarily act as agents of the public authority.

The Committee recalls that it would be preferable for workers' organizations to be able, should they so wish, to participate in defining minimum services, together with employers and the authorities in services which are not considered essential in the strict sense of the term.

The Committee requests the Government to provide information in its next report on the practical application of section 229 of the Code and the Decree of 22 December 1990, including any call-up orders issued, so that it can ascertain whether they are compatible with the Convention.