Demande directe (CEACR) - adoptée 2016, publiée 106ème session CIT (2017)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Mali (Ratification: 1962)

Autre commentaire sur C105

Demande directe

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Article 1(b) of the Convention. Work or service exacted for the purpose of participation in economic development. The Committee previously drew the Government’s attention to the need to amend section L6(2) of the Labour Code, under the terms of which “work required in the public interest by legislative provisions relating to participation in development” is not regarded as forced or compulsory labour. This provision is not in conformity with Article 1(b) of the Convention, which prohibits the use of forced labour as a method of mobilizing and using labour for purposes of economic development.

The Committee notes the Government’s indication in its report that the Bill to amend the Labour Code is still under consultation between the Government and the social partners, and has therefore still not been adopted. The Committee also notes that, in its report on the application of the Forced Labour Convention, 1930 (No. 29), the Government indicates that it plans to re-establish national service for young persons. The Committee notes in this regard, according to the communiqué of the Council of Ministers of 2 December 2015, which is available on the Government’s official website, that the Council of Ministers adopted a Bill to repeal and replace Act No. 83-27/AN-RM of 15 August 1983 introducing national service for young persons. The communiqué specifies that the introduction of national service for young persons will contribute to completing the education and 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 any legislation which provides for the compulsory participation of young persons, within the framework of compulsory military service or in place of such service, in activities for the economic development of the country is incompatible with Article 1(b) of this Convention, and with Article 2(a) of Convention No. 29. The Committee requests the Government to provide a copy of the Act to repeal and replace Act No. 83-27/AN-RM of 15 August 1983 introducing the national service for young persons. It requests it to: provide detailed information on the operation of the national service for young persons; specify the number of persons recruited, the nature and duration of their compulsory service; describe the manner in which the obligations are articulated in relation to the needs of national defence and those relating to participation in the economic development of the country; and indicate the penalties imposed in the event of refusal to fulfil the obligations related to the national service for young persons. The Committee also requests the Government to take the necessary measures for the amendment of section L6(2) of the Labour Code so as to ensure its conformity with Article 1(b) of the Convention, which does not allow the use of forced labour as a method of mobilizing and using labour for purposes of economic development.