Demande directe (CEACR) - adoptée 2020, publiée 109ème session CIT (2021)

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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Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes that, in its 2019 report on the follow-up to the implementation of the Beijing Declaration and Platform for Action 1995 (henceforth Beijing+25) to the United Nations Commission on the Status of Women (CSW), the Government states that although there is no recent comprehensive study on gender-based violence in Mali, the State recognizes this country-wide phenomenon. Hence, in 2018, the Government implemented a national programme to combat gender-based violence to address the new institutional and operational challenges relating to the issues of various forms of violence affecting women, a situation which has been aggravated by the political and security situation ongoing since 2012. In addition, the Committee notes that the Government has recognized violence in schools as a factor in girls’ drop-out and failure rates at school. The Committee recalls that the labour legislation still does not include a provision prohibiting sexual harassment in the workplace, despite its previous comments on the matter. It is bound to recall that sexual harassment compromises the integrity and well-being of workers and constitutes a serious form of discrimination based on sex, which violates human rights and must be addressed within the framework of the Convention. Article 1(1) of the Convention prohibits discrimination in employment and occupation based on, inter alia, sex. Given the gravity and serious repercussions of sexual harassment in the working environment, the Committee refers the Government to its general observation of 2002 on sexual harassment, in which it highlights the importance of taking effective measures to prevent and prohibit sexual harassment at work (see the General Survey on the fundamental Conventions, 2012, paragraph 789). The Committee requests the Government to take measures to include provisions in the Labour Code that clearly define and explicitly prohibit sexual harassment, both quid pro quo and hostile environment harassment in employment and occupation. In the meantime, it also requests it to: (i) adopt preventive measures, including initiatives to raise awareness among workers, employers and their respective organizations, as well as law enforcement agents and the general public of sexual harassment in employment and occupation and of the social stigmatization associated with this issue, by specifying the available procedures and remedies; (ii) provide information on the number of complaints of sexual harassment or cases of sexual harassment in employment and occupation that have been dealt with by the labour inspectorate, courts or other competent authority, the nature of the cases and their outcomes; and (iii) provide statistical information on the number of cases of sexual harassment committed against girls and women within education, and in employment and occupation.

Articles 1 and 5. Special protection measures. Restrictions on women’s employment. In its previous comment, the Committee requested the Government to take the necessary measures to undertake a review and a periodic revision of the list of types of work prohibited for women in general, as well as the list of types of work they can perform under certain conditions, pursuant to section L.189 of the Labour Code, in order to ensure that the protective measures for women are not discriminatory and do not go beyond the strict framework of maternity protection. The Government indicates in its report that Decree No. 96-178/P-RM of 13 June 1996, establishing the terms and application of certain provisions of the Labour Code - in this case section L.189 – is still under review. The Committee is bound to recall that maternity protection should enable women to fulfil their maternal role without being marginalized in the labour market. It emphasizes that a major shift over time has occurred from a purely protective approach concerning the employment of women to one based on promoting genuine equality between men and women and eliminating discriminatory law and practice. More generally, 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, while taking account of gender differences with regard to specific risks to their health (see 2012 General Survey, paragraphs 838–840). Recalling once again that women should have the right to freely exercise any job or occupation and noting that section L.189 of the Labour Code is still being revised, the Committee requests the Government to keep it informed of any developments in this regard and, in the meantime, of specific measures taken to revise the list of types of work prohibited for women and that of types of work they may perform under certain conditions, in the light of the principle of gender equality and of maternity protection in the strict sense.

With regard to the part of the Labour Code entitled “Women’s and children’s labour” (Title 4, Chapter 2, section L.178 to L.189), the Committee notes that the Government will examine the possibility, in a forthcoming revision of the Labour Code, of separating the provisions on maternity protection from those on child labour in order not to perpetuate stereotypes regarding the status of women in society, and in employment and occupation, and to prevent women and children from being placed on an equal footing.

Article 2. National policy on equality of opportunity and treatment in employment and occupation. National gender policy. The Committee recalls that, in its previous comment, it requested the Government to provide detailed information on the effective establishment of the entities responsible for implementing the national gender policy (PNG-Mali), that is, a higher council, a permanent secretariat for monitoring implementation, sectoral committees for institutionalization and regional committees for monitoring gender issues; and on their specific activities for promoting equal opportunities for men and women in employment and education. With respect to the implementation of the PNG-Mali, the Government indicates that, given the political and security situation in the country and the withdrawal of technical and financial partners, the 2011–2013 action plan of PNG-Mali could not be carried out and was extended to 2016–2018. The evaluation of this action plan revealed weaknesses at the institutional and programmatic levels owing to a lack of adequate funding, but also made it possible to identify the existence of positive actions that take gender into account in service delivery and interventions. The Committee also notes that in its above-mentioned 2019 Beijing+25 report, the Government informed the CSW that the institutional bodies for coordinating and monitoring the implementation of the PNG-Mali are still not operational. In the light of the foregoing, the Committee hopes that the Government will take the necessary measures to ensure that the institutional mechanisms for the guidance, advancement and monitoring of the implementation of the PNG-Mali benefit from the necessary human and financial resources to fulfil their mission to promote equality of opportunity and treatment for men and women in access to occupational training, education, employment and particular occupations, as well as terms and conditions of employment. It requests the Government to keep it informed of all developments in this regard.

Articles 2 and 5. Promotion of equality of opportunity and treatment for men and women. Affirmative action for women. In its previous comment, the Committee requested the Government to provide information on the application 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) and on its results in terms of the participation of women in appointed State positions. The Government indicates that, despite the adoption of the decree setting forth the terms of Act No. 052 of 18 December 2015, the implementation of that Act does not effectively address women’s participation in nominative and elective positions. With regard to women’s access to employment and particular occupations, including leadership positions, the Government merely states that the protection of women’s rights and their place in society is not subject to discrimination, since legislative and regulatory provisions are in place to that end. It states that women continue to have access to jobs in sectors traditionally reserved for men, such as the army, the Republican Guard, the gendarmerie and the police, although they are still under-represented in certain positions, such as diplomatic functions. The Committee notes that the Ministry for the Advancement of Women, Children and the Family launched an online platform on 8 March 2017, entitled the Programme for the recognition of women’s skills (PRECOFEM), which aims to identify, mobilize and value women’s skills, with a view to making tools available to public, private and political decision-makers to assist them in decision-making regarding nominations for appointed and elected positions. The platform publishes job offers for women in Mali and enables recruiters to post recruitment notices. Each month, it presents a woman by showing her career path and her professional commitment. It is also a tool for the recognition of enterprises and structures that have promoted women in particular. In this regard, the Committee notes the following statistical information provided by the Government: (1) in 2017, women accounted for 25 per cent of appointments (203 women out of a total of 785 appointments); and (2) as at May 2019, the Government comprised 11 women ministers out of 38 ministers, that is 34 per cent. The Committee notes that the Government has prepared a new ten-year development plan for the empowerment of women, children and the family (PDDAFEF 2020–2029) under which it has set up a new support programme for women’s empowerment in the development of the shea butter industry. With regard to rural women, it notes the adoption of Act No. 2017-001 of 11 April 2017 on land rights, which gives women’s and youth groups and associations located in the area concerned the opportunity to obtain at least 15 percent of the land developments of the State or territorial authorities (section 13), since in practice only 5 per cent of women are landowners; the Committee notes, however, that the implementing decree has not yet been adopted. To this end, it recalls that the Decent Work Country Programme (DWCP) for Mali notes that gender inequalities in agriculture have a significant negative impact on the living conditions of rural populations, particularly women, who work mainly in the informal economy, occupy unskilled and low-paid jobs, and are excluded from social protection. The Committee notes the information provided by the Government in its Beijing+25 report that women represent around 52 per cent of the rural population and 75 per cent of the agricultural labour force; that they contribute about 80 per cent of food production; and that they could contribute much more in terms of growth and development if they were not confronted with so many obstacles to empowerment in the labour market. The Committee requests the Government to provide detailed information on the specific measures taken or envisaged: (i) within the framework of the new ten-year development plan for the empowerment of women, children and the family (PDDAFEF 2020–2029); (ii) to improve access for women to employment and to particular occupations (particularly leadership positions); and (iii) within the framework of the new support programme for women’s empowerment in the development of the shea butter industry for rural women. In addition, the Committee requests the Government to keep it informed of the adoption of the implementing decree of Act No. 2017-001 of 11 April 2017 on land rights and to forward a copy as soon as it is enacted.

Access for girls and women to education and vocational training. In its previous request, the Committee requested 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 in the communities. It also requested 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. In this respect, the Government mentions several measures taken, in particular the incorporation of a module on gender equality into the initial student-teacher training programme and the opening of new general and technical schools and colleges. It also informs the Committee of the launch of the ten-year development programme for education and second-generation vocational training (PRODEC II), 2019–2028. The Committee notes that PRODEC II aims to, inter alia: (1) provide young persons who are not at school or have dropped out of school, and illiterate adults, with alternative forms of learning; (2) increase capacity from 78,845 to 100,000 places for learners in literacy centres as of 2020; (3) introduce incentives for girls in scientific subjects; (4) establish scholarships based on girls’ performance and parental income; and (5) implement a national policy for girls’ schooling (SCOFI), undertaken at the central level by the national directorate for basic education. The Committee requests the Government to provide information on the impact of the PRODEC II on the enrolment and retention of girls in school, women’s literacy levels and the number of girls enrolled in scientific subjects or other subjects traditionally pursued by boys. The Committee also requests the Government to provide further information concerning the implementation of the SCOFI, including the results achieved in this regard.

General observation of 2018. The Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. National Human Rights Committee (CNDH). The Committee recalls 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). As the Government has not replied to its previous question concerning the CNDH, the Committee reiterates its request to the Government to indicate whether this body, which is responsible for human rights and equality issues, 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. It also requests the Government to provide information on any awareness-raising measures taken by the CNDH to combat discrimination and promote equality in employment and occupation.