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

Convention (n° 151) sur les relations de travail dans la fonction publique, 1978 - Mali (Ratification: 1995)

Autre commentaire sur C151

Observation

2014
2009

Demande directe

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Article 1 of the Convention. Scope of application of the Convention. In its previous comments, the Committee asked the Government to clarify in what manner the staff of public bodies governed by their own regulations are covered by the guarantees provided for under the Convention. The Committee notes that the Government refers in this respect to sections 43, 44, 47, 49, 50 and 51 of Act No. 89-85/AN-RM of 1 November 1989 concerning the general regulations for staff in state companies and enterprises and the Malian staff of mixed economy companies, which grants them the rights provided for under the Convention.

Articles 4 and 5. Protection against anti-union discrimination and interference. In its previous comments, recalling that the General Civil Service Regulations contain no specific provisions on protection against anti-union discrimination and interference, the Committee requested the Government to adopt measures in this respect. The Committee notes once again with regret that the Government has taken no measures in this area. The Committee therefore feels bound to reiterate its request and trusts that the Government will take the necessary steps in the near future to ensure that the legislation includes explicit provisions providing adequate protection against anti-union discrimination for public employees and against all acts of interference by the public authorities in the formation, functioning and administration of public employees’ organizations, all of which will be accompanied by rapid and effective remedies and sufficiently dissuasive sanctions.

Article 7. Procedures for determining terms and conditions of employment. In its previous comments, the Committee pointed out that it was not established that public employees’ organizations may participate in the determination of their terms and conditions of employment through negotiation or other methods within the joint administrative committees and thus requested the Government to recognize, as prescribed by the Convention, the right of collective bargaining of public service servants, at least those not engaged in the state administration. Noting with regret that the Government merely takes note of its previous recommendations, the Committee feels bound to reiterate strongly its previous comments and trusts that the Government will take the necessary steps in the near future to promote collective bargaining between the public authorities and organizations of public officials, at least those representing officials not engaged in the administration of the State.

Article 8. Dispute settlement. In its previous report, the Committee requested the Government to indicate the provisions laying down procedures for the settlement of disputes arising from negotiations between the public authorities and public employees’ representative organizations in the determination of conditions of employment. The Committee takes note of the Government’s reply that, since the adoption of Decree No. 103/P-RM of 19 February 2010 establishing the organization and operational procedures of the National Labour Directorate, it is incumbent upon this Directorate to promote consultations between the social partners and to contribute towards an amicable settlement of collective labour disputes.