Demande directe (CEACR) - adoptée 2003, publiée 92ème session CIT (2004)

The Committee takes note of the information supplied by the Government in its first report. It notes with interest that Mali ratified the Minimum Age Convention, 1973 (No. 138), on 11 March 2002. The Committee requests the Government to provide information on the following matters.

Article 1 of the Convention. Measures to secure the prohibition and elimination of the worst forms of child labour. The Committee notes with interest that in 1997 a department of children’s affairs was created and that on 5 June 2002 Mali adopted Order No. 02-062/P-RM issuing the Code on the Protection of the Child. The Committee notes that Title II of the Order, which deals with the protection of children in danger, provides for the appointment of officials to be responsible for child protection. Such officials act on information provided by any person, including persons held to professional secrecy, and by children themselves, concerning anything which is likely to constitute a threat (section 73).

Article 3. Worst forms of child labour. Clause (a). All forms of slavery or practices similar to slavery. 1. Enlistment in the armed forces. The Committee notes that under section 1 of Act No. 87-48 on the requisitioning of persons, services and goods, the administrative authority may identify and requisition persons only in the instances provided for in the General Organization of Defence Act and the State of Emergency Act. According to sections 17 and 50(j) of the Code on the Protection of the Child, children enjoy all the safeguards of international humanitarian law cited in ratified Conventions. Children may not be made to participate in or be involved in armed conflict, or enrolled in the armed forces or other armed groups before the age of 18 years. The Committee requests the Government to indicate whether the state of emergency provided for in section 1 of Act No. 87-48 allows waiver of the prohibition, laid down in section 17 of the Code on the Protection of the Child, to make children participate in or to involve children in armed conflict, or to enrol them in the armed forces or other armed groups before the age of 18 years.

2. Trafficking of children. The Committee notes that section 63 of the Code on the Protection of the Child defines the trafficking of children as the transfer of children within and outside a country in conditions which make them a marketable asset for at least one of the persons involved, whatever the purpose of the transfer. All acts involving the procuring, transport, handling and sale of children are deemed to be components of child trafficking. It also notes that child trafficking is punished as a penal offence. The Committee observes that, although Mali has penal provisions prohibiting the sale and trafficking of children, the situation in the country remains worrying. It notes that in its report of 1999 on the application of Convention No. 29, the Government indicated that the National Review Commission established to "implement a national policy to combat the trafficking of children" had noted the existence of trafficking of Malian children in the frontier zone between Mali and Côte d’Ivoire. The Committee also notes that the Government of Mali informed the Committee on the Rights of the Child that a mission had revealed that Malian children had been taken to Côte d’Ivoire to work in plantations or as domestic servants and that they were subjected to deplorable working conditions and often unpaid. It appears that certain ethnic groups are particularly vulnerable: the Bambara, Dogon and Senufo groups. The Committee further notes the efforts being made at the regional level to combat child trafficking, Côte d’Ivoire and Mali having signed on 1 December 2000 a cooperation agreement on child trafficking. The Committee observes that, despite all these efforts, the Human Rights Committee "remains concerned by the trafficking of Malian children to other countries in the region, in particular Côte d’Ivoire, and their subjection to slavery and forced labour" (CCPR/CO/77/MLI, 16 April 2003, paragraph 17). The Committee reminds the Government that it should eliminate the trafficking of children and increase its efforts to this end as a matter of urgency. It therefore invites the Government to pay particular attention to the groups most affected by this trafficking (Bambara, Dogon and Senufo), in preparing and adopting measures against the sale and trafficking of children. The Committee also requests the Government to communicate information as to measures taken or envisaged to bring its practice into conformity with the legislation and the Convention.

Clause (b). The use, procuring or offering of a child for prostitution. The Committee notes that under section 57 of the Code on the Protection of the Child, the subjection of a child, whether a boy or a girl, to acts of prostitution whether for payment or free of charge, directly or indirectly, is deemed to constitute sexual exploitation. Section 229 of the Penal Code imposes a penalty of imprisonment or a fine on anyone who, for the purpose of satisfying the passions of others, incites or entices a girl or a woman, with or without her consent, to debauchery or forces her to engage in prostitution. The Committee observes that this provision applies only to female children, whereas Article 3(b) of the Convention covers all children, whether boys or girls. The Committee therefore asks the Government to indicate the measures taken or envisaged to bring the national legislation into conformity with the Convention on this point.

Clause (c). The use, procuring or offering of a child for illicit activities. The Committee takes note of Act No. 1986/18 concerning the punishment of offences involving poisonous substances and narcotics under which the cultivation, production, supply and offering for sale of narcotics are prohibited. The Committee recalls that, according to Article 3(c) of the Convention, the term "the worst forms of child labour" includes the use, procuring or offering of a child for illicit activities, in particular for the production and trafficking of drugs. The Committee requests the Government to indicate the measures taken or envisaged to ensure that the prohibition of this form of child labour covers all persons under 18 years of age.

Clause (d). Hazardous work. The Committee notes that section D.189-14 of the Labour Code prohibits the employment of children under 18 years of age in work which exceeds their strength, constitutes a source of danger or, by its nature or the circumstances in which it is carried out, is likely to jeopardize their morals. This prohibition applies to agricultural, commercial or industrial, public or private, religious or secular establishments, even where the object of such establishments is vocational training or charity, and applies also to family enterprises or individual households.

Article 4, paragraph 1. Determination of dangerous work. The Committee notes with interest that pursuant to section D.189-31, the Labour Code gives a detailed list in an appendix, "table A", of tasks which are deemed to be dangerous and which may not be performed by children. It also notes that the establishments in which the employment of children is authorized in certain circumstances are listed in table B, also appended to the Labour Code pursuant to section D.189-31. The Committee recalls that Article 4, paragraph 1, of the Convention provides that the types of work referred to under Article 3(d) must be determined by national laws or regulations, taking into consideration relevant international standards, in particular Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). Paragraph 3 of the Recommendation indicates that, in determining the types of work referred to under Article 3(d) of the Convention, consideration should be given, inter alia, to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee requests the Government to indicate whether, in determining the types of work to be included in table B, appended to the Labour Code, account was taken of Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190).

Paragraph 2. Identification of hazardous work. The Committee recalls that under Article 4, paragraph 2, of the Convention the competent authority, after consultation with the organizations of employers and workers concerned, shall identify where the types of work determined as dangerous exist. It requests the Government to indicate the measures taken or envisaged to locate types of work so determined and to provide information on the results.

Paragraph 3. Periodical examination and revision of the list of types of work determined as dangerous. The Committee notes with interest that, pursuant to Article 4, paragraph 3, of the Convention, section D.189-9, which applies section L189 of the Labour Code, provides that appendices tables A and B may be supplemented as and when necessary by orders of the Minister of Labour. The Committee requests the Government to provide information on the revision of the lists and to provides copies of any revised lists.

Article 5. Mechanisms to monitor the implementation of the provisions giving effect to this Convention. The Committee notes the information supplied by the Government in its report to the effect that there is no specific mechanism to monitor the implementation of the provisions giving effect to the Convention. It further notes that a traditional system of labour inspection supervises the application of the Convention by means of visits to enterprises and by checking the ages of workers on the employers’ registers and the jobs in which they are employed, by unannounced visits and by complaints. The Committee notes, however, that the efficiency of labour inspection in Mali is impaired by a number of factors, which the Committee has noted under the Labour Inspection Convention, 1947 (No. 81). In the comments it made in that connection in 2002, the Committee noted with concern that the remuneration of the staff of the inspection services was derisory and that such a situation was contrary to the obligation for inspectors not to have any interest in the enterprises under their supervision and to the exercise of the authority needed for the discharge of inspection duties. It further noted the "Government’s indication that it would be utopian to expect training for labour inspectors" and, lastly, that

… the difficulties of a practical nature which occur in the application of the Convention, and particularly the inadequacy of the resources made available to the inspection services, which are described by the Government as being purely symbolic (clearly inadequate staff numbers, working conditions and material resources; dilapidated, undersized, unhealthy and unequipped premises; complete lack of documentation). The Committee notes in particular the irregular nature of inspections, the shortcomings of the public transport system and the absence of any transport facilities for the professional travel of labour inspectors, and of any arrangements for the reimbursement of their travelling and incidental expenses. The Government also indicates that the derisory level of fines for violations of the labour legislation means that it is of no avail to take the relevant measures.

The Committee requests the Government to provide information on the measures taken to enhance the efficiency and effectiveness of the supervision carried out by the labour inspectorate for the purpose of combating the worst forms of child labour. It also requests the Government to provide extracts of labour inspection reports and to indicate the consultations held with employers’ and workers’ organizations in accordance with Article 5 of the Convention.

Article 6. Programmes of action to eliminate the worst forms of child labour. The Committee notes that, according to the Government, the principle of prohibiting and abolishing the worst forms of child labour is recognized and applied in Mali. The Committee notes with interest that since 1998 Mali has been implementing a national programme to combat child labour, with ILO technical support through IPEC. It also notes that on 9 January 2001 the Government signed a second Memorandum of Understanding with IPEC. The abovementioned programme aims first and foremost to increase the capacity of the Government and the social partners to design and implement policies and programmes with a view to preventing the premature engagement of children in the labour market, abolishing child labour in the most dangerous activities and in the most serious exploitative situations, and offering viable alternatives to the children and their families. The Committee requests the Government to provide information on the implementation of this programme, and more particularly on its results.

The Committee notes that, according to the Government, all the activities have been implemented with the participation of the social partners and civil society, in accordance with Article 6, paragraph 2, of the Convention.

Article 7, paragraph 1. Measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention. The Committee notes that sections L314, L318 and L326 of the Labour Code and sections 242 and 243 of the Penal Code establish penalties for breach of the provisions prohibiting the worst forms of child labour. It requests the Government to provide information on the practical application of these provisions.

Paragraph 2. Effective and time-bound measures. Clause (a). Measures to prevent the engagement of children in the worst forms of child labour. The Committee notes the information sent by the Government in its report to the effect that activities to raise awareness and strengthen institutions have been taken in respect of certain groups: child workers in rural areas; child workers on gold-panning sites; child apprentices in the informal economy; and girl children working in urban areas. An integrated programme for the prevention of child labour has been set up in the Segou region (October 2002-December 2003). The Committee also notes that a vocational training course for unemployed young people was established by Order No. 92-022/P.CTSP of 13 April 1992, the aim of which is to enable school leavers with qualifications to acquire vocational experience, and to facilitate their entry to the labour market. The Committee requests the Government to continue to provide all available information on the measures taken to prevent the engagement of children in the worst forms of child labour.

Clause (b). Assistance for the removal of children from the worst forms of child labour. The Committee notes with interest that in the context of the IPEC/Mali projects, a number of support projects are being implemented to: improve living and working conditions and remove from dangerous and heavy work child tin workers in the Médine market; increase the income of the parents and families of child workers in the rural area of Dioila; and support, through accompanying measures, girl migrants in the Bamako district. The Committee encourages the Government to set up programmes for the rehabilitation of children removed from child trafficking and repatriated, and to provide information on any such rehabilitation measures.

Clause (c). Access to free basic education. The Committee notes that the Constitution of 1992 entitles all citizens to education, and that public education is compulsory, free and non-religious. The Committee further notes that the Government indicated in its report to the Committee on the Rights of the Child that compulsory schooling for all Malian children was established by Decree No. 314. The Committee requests the Government to provide a copy of the Decree.

The Committee notes that in 1990, to address the low school enrolment rate of girls (25.7 per cent as opposed to 44.7 per cent for boys), the Government established a "girls’ enrolment" project, which aims to raise the enrolment rate of girls, reduce the repeat and drop-out rates and raise the number of women teachers in the first stage of basic education. The Committee requests the Government to indicate whether this project is still under way and to report on the results it has achieved.

The Committee notes with interest that in 1999 a Ten-Year Programme for the Development of Education (PRODEC) was adopted by the Government. Its aim is to raise the primary-school enrolment rate to 95 per cent by 2010 and to raise standards in learning, girls’ education, health and hygiene. The Committee notes the information provided in the Government’s report to the effect that the gross enrolment rate of the first stage of basic education rose from 47 per cent in 1996-97 to 58 per cent in 1999-2000. The Committee requests the Government to continue to provide information on the results of this programme.

Clause (d). Children at special risk. The Committee notes that, according to information submitted to the Committee on the Rights of the Child, 4,000 girls left rural areas in 2000 to work as domestic servants in town (HR/CRC/99/48, 1999). Many of the girls work as domestic servants in private households without work contracts. The proportion of young domestic workers covered by the law is fairly low. The Committee notes that the Human Rights Committee expressed great concern at the situation of girl migrants, who leave rural areas to work in domestic service in urban areas and who, according to some sources, work a 16-hour day on average for very low or non-existent wages, are often subjected to rape, ill treatment and even prostitution. The Committee requests the Government to indicate how children working in domestic service who are not covered by the applicable legislation are protected against the worst forms of child labour.

Clause (e). Special situation of girls. The Committee notes that provisions of the legislation and a number of IPEC/Mali projects target girls, including: the opening of a reception and social centre (centre d’accueil, d’écoute et d’animation) for girls in domestic service in Bamako; a survey among girls working in hotels, bars and restaurants in the Bamako district; a support project for girls working in the Mopti rural area; a project for the economic and social reintegration in their places of origin of girls working in the Dansa rural area. It also notes with interest that a Ministry for the Advancement of Women, Children and the Family has been established and that since 1992 a support programme for the advancement of women and girls is being implemented by the Malian Government, the UNDP and the ILO. The Committee requests the Government to provide information on the practical implementation of these projects.

Article 7, paragraph 3. The Committee notes the information in the Government’s report that the competent authority for the implementation of the provisions giving effect to the Convention is the National Labour Directorate, through its nine labour inspectorates. The Committee requests the Government to indicate by what methods the implementation of the provisions is supervised.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that the countries of West Africa met in February 2003 to harmonize their national laws and regulations pertaining to the combating of child trafficking in French-speaking West and Central Africa. This regional support project is financed by the European Commission in cooperation with the ILO. The experts have recommended amongst other things that the countries adopt specific laws that define child trafficking and address the punishment of child trafficking and the establishment of penalties, the alignment of the national legislation, and the promotion of bilateral or multilateral agreements to combat child trafficking. The Committee notes that some of the measures recommended already exist in Mali.

The Committee also notes with interest the efforts made by Côte d’Ivoire and Mali, which on 1 September 2000 signed a cooperation agreement on child trafficking. A permanent national committee in charge of following up the Mali-Côte d’Ivoire cooperation agreement on the cross-border trafficking of children was set up by an order of 19 July 2001. The Committee notes that the above cooperation appears already to be producing results since, in 2001, 500 children who had fallen prey to child trafficking from Mali and Burkina Faso to Côte d’Ivoire were intercepted by the Ivorian authorities and returned to their countries of origin. The Committee invites the Government to continue to supply information on the implementation of the above cooperation agreement between Mali and Côte d’Ivoire.

The Committee further notes that Mali, through the Ministry for the Advancement of Women, Children and the Family, has drafted and submitted to the Ministry of Foreign Affairs and International Cooperation two cooperation agreements to combat child trafficking: one between Mali and Ghana, and the other between Mali and Burkina Faso. The Committee requests the Government to provide information on these agreements, particularly the date of their entry into force and their content.

Part III of the report form. Court decisions. The Committee notes that the Government indicated in a document on Mali’s legislation pertaining to child trafficking that, in the course of 2001-02, the Sikasso Court of First Instance heard three cases of prosecution for child trafficking. The Committee requests the Government to continue to provide information on these cases (the offences committed, the number of persons involved, the places, regions or countries between which the trafficking took place, etc.) and on the decisions handed down.

Part IV of the report form. Application of the Convention in practice. The Committee notes the information contained in the Government’s report to the effect that Mali has received technical assistance from the ILO through the IPEC project, the activities of which are continuing without any difficulties of an institutional nature. The Committee requests the Government to provide general information, through mission reports of the labour departments, on the way in which the Convention is applied in Mali. Noting the absence of any difficulties of an institutional nature, the Committee requests the Government to indicate any practical difficulties encountered in applying the Convention, or anything which may have prevented or delayed the adoption of measures to combat the worst forms of child labour.

Part V of the report form. The Committee notes the information supplied by the Government in its report to the effect that there are no reliable statistics on the nature, extent and trend of the worst forms of child labour. It further notes that the Government has requested technical assistance from the Office (SIMPOC) in order to carry out a national survey. The Committee requests the Government to continue to provide information on the nature, extent and trend of the worst forms of child labour, the number of children protected by the measures giving effect to the Convention, disaggregating the information by sex as far as possible. The Government is also asked to supply samples or extracts of labour inspection reports.