Demande directe (CEACR) - adoptée 2017, publiée 107ème session CIT (2018)

Convention (n° 111) concernant la discrimination (emploi et profession), 1958 - Mali (Ratification: 1964)

Autre commentaire sur C111

Observation

2017

Demande directe

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Articles 1 and 5 of the Convention. Special protection measures. Restrictions on women’s employment. Night work of women. The Committee welcomes the provisions of Act No. 2017-021 of 12 June 2017 amending Act No. 92-020 of 23 September 1992 (the Labour Code), in particular section L.186 concerning night work of women. It notes that this prohibition is no longer applicable to work in family enterprises, to women occupying managerial or technical posts involving responsibility, or to women occupied in health and welfare services who usually do not perform manual work. However, the Committee observes that night work of women remains prohibited in principle and also observes that Decree No. 96-178/P-RM of 13 June 1996, which determines, inter alia, the list of types of work prohibited for women and those that they may perform under certain conditions pursuant to section L.189 of the Labour Code, has not yet been revised. The Committee also recalls that, in order to be compatible with the principle of equality, any protective measure applicable to women’s employment must be strictly proportional to the nature and scope of the protection sought and be limited to the protection of maternity. Protective measures based on stereotypes regarding the occupational aspirations and capabilities of women, their “suitability” for certain jobs or their role in society are contrary to the principle of equality of opportunity or treatment since they have the effect of excluding women from certain occupations. The Committee also recalls that provisions relating to the protection of persons working under hazardous or difficult conditions should be aimed at protecting the health and safety of both men and women at work, while taking account of gender differences with regard to specific risks for their health. Recalling that women should have the right to freely exercise any job or occupation and noting the Government’s indication that the revision of the Decree of 1996 can only occur after the revision of the Labour Code, the Committee asks the Government to take the necessary steps to review and revise the list of types of work prohibited for women in general or the performance of which is restricted, in the light of the principle of gender equality, strictly limiting protective measures to maternity protection and examining the possibility of adopting support measures – the improvement of occupational safety and health protection for men and women, adequate security and transportation, or social services or childcare facilities – to enable women to have the same opportunities as men for gaining access to the jobs, occupations or activities in question.

The Committee notes that the Government has not taken the opportunity provided by the revision of the Labour Code in 2017 to restructure the part devoted to “work of children and women” (Chapter 2, Title 4, sections L.178–L.189) by separating the provisions concerning child labour from those relating to maternity protection so as not to perpetuate stereotypes regarding the status of women in society and in employment and occupation. The Committee invites the Government to examine the possibility, during a forthcoming revision of the Labour Code, to separate the provisions relating to maternity protection from those respecting child labour so as to avoid putting women and children on the same footing.

Articles 2 and 5. Promotion of equality of opportunity and treatment for men and women. Affirmative action for women. The Committee welcomes the detailed statistics, disaggregated by sex, which have been provided by the Government. It notes that in 2015 the number of employment contracts (fixed term or indeterminate) concluded by women was very much lower than the number of contracts concluded by men (4,671 compared to 19,351, or barely 20 per cent) and that in the public service women account for only 30 per cent of staff (2014 figures) and there are very few women in the higher categories. The Committee also notes that, according to the Decent Work Country Programme (DWCP) 2016–18, decent work indicators show numerous inequalities between men and women in the world of work, including unemployment rates (11.4 per cent for women compared with 6.4 per cent for men) and underemployment rates related to hours of work (28.7 per cent for men compared with 37.1 per cent for women). The DWCP also indicates that gender inequalities in agriculture have a significant negative impact on the living conditions of rural populations. Moreover, the Committee notes that the United Nations Committee on the Elimination of Discrimination against Women (CEDAW), in its concluding observations, expresses concern at the fact that women, specifically in rural areas, mainly work in the informal economy in unskilled and poorly paid jobs, and are excluded from social protection (CEDAW/C/MLI/CO/6-7, 25 July 2016, paragraph 31). The Committee recalls that the Government adopted the National Gender Policy for Mali (PNG-Mali) (2009–18) and an initial action plan (2011–13) covering ten priority sectors including education, employment and vocational training. It notes the adoption of Decree No. 2014-0368/PM-RM of 27 May 2014 establishing the institutional mechanism directing, driving and monitoring implementation of the PNG-Mali, which provides for the setting up of four types of structures: a higher council, a permanent secretariat for monitoring implementation, sectoral committees for institutionalization and regional committees for monitoring gender issues. Noting that the Government’s report does not contain any information on the PNG-Mali, the Committee asks the Government to provide detailed information on the effective establishment of the entities responsible for implementing this policy and on their specific activities for promoting equal opportunities for men and women in employment and education.

Furthermore, the Committee notes the adoption of Act No. 2015-52 of 18 December 2015 instituting measures to promote gender in access to appointed and elected positions (a minimum of 30 per cent of either sex). It also notes the Government’s indications that in January 2012 a Women’s Autonomy and Child Development Support Fund (FAFE) was set up, for the purpose of financing programmes which promote economic opportunities for women. The Committee asks the Government to provide information on the application of the Act of 2015 and on its results in terms of the participation of women in appointed and elected positions. The Committee also asks the Government to identify the steps taken to improve women’s access to employment and different occupations, including managerial posts, and to combat sexist stereotypes regarding women’s occupational aspirations and capabilities, particularly in rural areas.

Access for girls and women to education and vocational training. The Committee notes the statistics provided by the Government showing that boys outnumber girls in school, especially at secondary level. The Committee notes that CEDAW, while welcoming the positive measures adopted to increase the enrolment and retention of girls in school, expressed concern at the very low completion rate for girls in secondary education owing to, among other things, early and child marriage, early pregnancy, indirect school costs, child labour and a preference for sending boys to school, resulting in a very high illiteracy rate among women (CEDAW/C/MLI/CO/6-7, 25 July 2016, paragraph 29). The Committee once again asks the Government to take steps to improve the enrolment and retention of girls in school and to remove the obstacles that they face in this respect, particularly by adopting measures to raise awareness in families and to combat gender stereotypes in communities. The Committee also asks the Government to introduce measures to encourage the access of girls to training, including in occupations traditionally pursued by boys, and to improve the literacy levels of women, particularly in rural areas.

Body responsible for dealing with human rights and equality issues. The Committee notes the adoption of Act No. 2016-036 of 7 July 2016 establishing the National Human Rights Committee (CNDH), replacing the committee which had been set up in 2009, and Decree No. 2016-0853/P-RM of 8 November 2016 establishing the organization and operating procedures of the CNDH. Noting that one of the tasks of the CNDH is to ensure observance of the rights of vulnerable persons or groups, including women, senior citizens and persons living with HIV/AIDS (section 4 of the Act of 2016), the Committee asks the Government to indicate whether the CNDH is authorized to receive and deal with complaints of discrimination based on the grounds covered by the Convention and set out in the Labour Code in relation to employment and occupation. The Committee also asks the Government to provide information on any awareness-raising measures taken by the CNDH to combat discrimination and promote equality in employment and occupation.

Labour inspection. The Committee notes the Government’s indication that, at the workshop for the approval of the DWCP 2016–18, the capacities of labour inspectors have been reinforced regarding labour standards in general, and equality of opportunity and treatment in particular. In this regard, it notes that output 3.2.2 of the DWCP is to strengthen the labour administration and inspectorate, including in terms of non-discrimination between men and women in employment and occupation. Also referring to its comments on the application of the Labour Inspection Convention, 1947 (No. 81), the Committee asks the Government to provide information on the steps taken to reinforce the labour inspectorate, in terms of resources allocated and training provided, and on the monitoring activities of labour inspectors in relation to discrimination and regarding equality of opportunity and treatment without distinction as to race, colour, religion, sex, political opinion, national extraction or social origin.