Observation (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

Convention (n° 138) sur l'âge minimum, 1973 - Mali (Ratification: 2002)

Autre commentaire sur C138

Observation

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The Committee takes note of the observations from the International Trade Union Confederation (ITUC), received on 1 September 2014.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that nearly 2.4 million children between the ages of 5 and 14, or 65.4 per cent of children between 5 and 14 years of age, are engaged in work. The Committee also took note of the adoption and validation of the National Plan of Action for the Elimination of Child Labour in Mali (PANETEM) 2011–20, of which the first phase (2011–15) focuses on the elimination of the worst forms of child labour (60 per cent of targeted children); the second phase (2016–20) focuses on the abolition of all forms of unauthorized child labour (40 per cent of targeted children).

The Committee takes due note of the ITUC’s observations that 40 per cent of children between 5 and 14 years of age are engaged in hazardous work. In agriculture, children start to work at 5 years of age, and this work includes using dangerous tools, carrying heavy loads and being exposed to harmful pesticides. In the fishing sector, children are exposed to the danger of drowning or bodily injuries caused by sharp tools used for the processing of fish. In domestic work, children often work long days and are cut off from their homes, making them particularly vulnerable to harsh treatment and sexual abuse.

The Committee notes the Government’s indication that, following the adoption of the PANETEM, it established a National Committee to organize a round table of donors to finance it, but this activity was somewhat curtailed by the country’s socio-political and security crisis. A plan to relaunch the implementation of the PANETEM was drafted in November 2012 to get the system up and running again. This plan also resulted in two action programmes being carried in the region of Sikasso, of which one focused on the traditional gold-panning sector and the other on the extension of the system for the observation and monitoring of child labour and trafficking in Mali (SOSTEM).

While taking note of the Government’s measures to relaunch the PANETEM, the Committee expresses its deep concern at the considerable number of children engaged in work under the minimum age for admission to employment of work, and often in very dangerous conditions. The Committee urges the Government to intensify its efforts to combat child labour, particularly through the PANETEM, and requests it to provide information on the results achieved in terms of the elimination of child labour.

Article 2(1). 1. Scope of application. Further to its previous comments, the Committee notes the ITUC’s observation that the legislation does not adequately protect children against child labour, because it does not provide for specific protection for children working in the informal sector, particularly in agriculture or domestic work. Furthermore, the ITUC states that there are a total of 54 labour inspectors in Mali, none of which have undergone specialized training in child labour. In addition, labour inspectors are also entrusted with settling disputes, including by means of conciliation, which makes it difficult for them to ensure effectively the application of legislation relating to child labour.

Referring to the 2012 General Survey on fundamental Conventions (paragraph 345), the Committee points out that, in some cases, the limited number of labour inspectors does not enable them to cover the informal sector as a whole. It therefore calls on member States to strengthen the capacities of the labour inspectorate. In this respect, the Committee notes that, according to the Government, the implementation of the ILO–IPEC project entitled “Tackling child labour through education in 11 countries” (TACKLE) contributed, in April 2013, towards strengthening the capacities of 25 labour inspectors in the area of combating child labour through education, by laying particular emphasis on the scope of the Convention. The Committee urges the Government to strengthen its measures to adapt and strengthen the labour inspection services to ensure that children who are not bound by an employment relationship, such as those working on their own account or in the informal sector, benefit from the protection afforded by the Convention.

2. Minimum age of admission to employment or work. In its previous comments, the Committee noted that under section 20(b) of the Child Protection Code, all children have the right to be employed as from 15 years of age, in accordance with the minimum age specified when ratifying the Convention. It noted, however, that pursuant to the Labour Code, the minimum age for the admission of children to employment in enterprises, even as apprentices, is 14 years, and that Decree No. 96-178/P-RM of 13 June 1996 issued under the Labour Code lists the loads that children between the ages of 14 and 17 years may not carry, drag or push, depending on the type of transport equipment, the weight of the load and the sex of the child.

The Committee notes that, according to the Government, the High Council of Ministers adopted a bill in 2013 amending Act No. 92-020 of 23 September 1992 issuing the Labour Code of Mali, with a view to bringing some of its provisions in line with ILO Conventions. The Government states that this bill henceforth establishes the age for admission to employment at 15 years of age and that the implementing texts of the Code will be reviewed in this respect. Expressing the firm hope that the relevant provisions of the Labour Code and of Decree No. 96-178/P-RM of 13 June 1996 will be brought in line with the Convention so as to prohibit work by children under 15 years of age, the Committee urges the Government to take the necessary measures with a view to finalizing this revision in the very near future. It requests the Government once again to provide information on the progress achieved in this respect.

Article 2(3). Age of completion of compulsory schooling. The Committee previously noted that the age of completion of compulsory schooling in Mali is 15 years. It took due note of the measures adopted by the Government in relation to education but noted that the school attendance rates for primary education remained fairly modest and that the low rates of school attendance in secondary education, compared with primary education, showed that a significant number of children drop out of school after the primary level.

The Committee notes the ITUC’s observation that only 35.9 per cent of boys and 25.2 per cent of girls enter secondary education.

The Committee notes that, according to the Government, the implementation of the Sectoral Investment Programme for the Education Sector (PISE), the third phase of which was intended to cover the 2010–13 period, has been suspended because of the political and institutional crisis affecting the country, with the result that the technical and financial partners have suspended their cooperation with Mali. However, in the context of the implementation of the PANETEM and the ILO–IPEC TACKLE project, a training workshop on integrating child labour into sectoral educational programmes and plans, including PISE III, was organized and held in May 2013. The Committee notes that discussions were held with a view to developing a new PISE that would cover the 2015–25 period. The concerns raised particularly concerned the low quality of education at all levels of the system, as well as the need to increase hours of schooling and to recruit more teachers. Considering that compulsory schooling is one of the most effective means of combating child labour, the Committee urges the Government to intensify its efforts to improve the functioning of the education system, particularly by increasing school attendance rates, both at the primary and secondary level, and by cutting drop-out rates. In this respect, it requests the Government to provide information on the progress achieved in relaunching and implementing PISE III, and the results obtained.

Article 3(3). Admission to hazardous types of work from the age of 16 years. The Committee noted previously that certain provisions of Decree No. 96-178/P-RM of 13 June 1996 allow children to be employed in hazardous types of work from the age of 16 years. It noted the Government’s indication that section D.189-33 of Decree No. 96-178/P-RM establishes the requirement to ascertain that young persons between the ages of 16 and 18 years engaged in hazardous types of work have received adequate specific instruction or vocational training in the relevant branch of activity, in accordance with Article 3(3) of the Convention. However, the Committee noted that section D.189-33, which refers to the declaration that the employer has to make to the Employment Office for the recruitment of a child, does not make any reference to the instruction or vocational training that has to be followed by a young person over 16 years of age to be able to perform hazardous types of work.

The Committee notes the Government’s indication that the draft implementing texts of the Labour Code are being revised pursuant to the adoption of the revised Labour Code by the General Assembly. It is intended that this revision should incorporate the conditions provided for under Article 3(3) of the Convention. The Committee urges the Government to take measures in the context of the revision of the implementing texts of the Labour Code to ensure that the conditions under Article 3(3) of the Convention are respected, and to provide information on the progress achieved in this respect.

Article 7. Light work. In its previous comments, the Committee noted the Government’s undertaking to amend section 189-35 of Decree No. 96-178/P-RM of 13 June 1996, with a view to raising the minimum age for domestic work and light work of a seasonal nature from 12 to 13 years. It also noted that a draft order was being prepared to determine light work activities and the conditions for their performance.

The Committee notes the Government’s indication that this will be undertaken in the context of the general overhaul of the implementing texts of the Labour Code. The Committee urges the Government to take immediate necessary measures to bring the national legislation in line with the Convention and to regulate the employment of children in light work from the age of 13 years. To this end, it once again hopes that the order respecting light work will be formulated and adopted in the very near future.

The Committee also urges the Government once again to renew its efforts and to take the necessary measures to ensure that the overall revision of the Labour Code and its implementing texts does not fail to take into account the Committee’s detailed comments on the divergences existing between the national legislation and the Convention, and that amendments will be made in this respect.