Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 29) sur le travail forcé, 1930 - Mali (Ratification: 1960)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Mali (Ratification: 2016)

Autre commentaire sur C029

Observation

Demande directe

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1.Trafficking in persons

Articles 1(1) and 2(1) of the Convention, and Article 1(2) of the Protocol. Systematic and coordinated action. The Committee previously requested the Government to provide information on the implementation of the Strategic Plan to Combat Trafficking in Persons and on the activities of the National Agency to Combat Trafficking in Persons and the Smuggling of Migrants and the National Coordinating Committee to Combat Trafficking in Persons and Similar Practices (CNCLTPPA).

The Government indicates in its report that in 2021, action to combat trafficking in persons and similar practices were articulated around prevention, protection, prosecution and partnerships and that the many types of action undertaken were entirely covered by the national budget. The Government refers to the adoption of the National Plan of Action to Combat Trafficking in Persons 2018-22 and indicates that this five-year plan is subdivided into annual plans of action. The Plan of Action provides for the establishment of the National Coordination Agency for Action to Combat Trafficking in Persons and the Smuggling of Migrants (ANCTP-TiM), of which the means of action will be determined by decree. In the meantime, the CNCLTPPA will continue to be responsible for coordinating the action envisaged in the five-year plan. Furthermore, the Plan of Action envisages the development of a monitoring and evaluation structure of the action taken, and a final evaluation of its implementation. The Committee welcomes the adoption of the National Plan of Action to Combat Trafficking in Persons 2018-22 and requests the Government to provide the evaluation reports on the implementation of the Plan of Action, with an indication of the manner in which the objectives set out in the Plan of Action have been achieved, any difficulties encountered, and the measures adopted to overcome them. It requests the Government to provide information on the activities undertaken by the CNCLTPPA and the ANCTP-TiM with a view to ensuring systematic and coordinated action by the competent authorities and other actors concerned.

Article 25 of the Convention, and Article 1(3) of the Protocol. Imposition of penalties and reinforcement of the capacities of the law enforcement authorities. With reference to the imposition of sufficiently dissuasive penalties on persons responsible for trafficking, such as those envisaged in the Act No. 2012-023 of 12 July 2012 on action to combat trafficking in persons and similar practices, the Government indicates that the 2012 Act is still under review and will be examined by an interministerial meeting before being adopted by the Council of Ministers. Awareness-raising and training activities are envisaged as soon as the revised Act has been adopted by the legislative body. The Government adds that capacity-building activities for the law enforcement authorities were undertaken in 2020-21 and resulted in the identification of 47 cases of trafficking in persons and the smuggling of migrants, involving over 106 persons. The Government specifies that these cases are under investigation and that efforts are required to accelerate the procedures in order to achieve convictions. The Committee also notes that the National Plan of Action to Combat Trafficking in Persons 2018-22 envisages, among the action to be taken, the preparation and dissemination of a manual of special investigation techniques for the law enforcement authorities, as well as the organization of training workshops for police officers, gendarmes and magistrates. The Committee also notes the adoption of the Order No. 2019-3536/MSPC of 10 October 2019 on the establishment, organization and operation of the brigade for the repression of the smuggling of migrants and trafficking in persons. The Committee encourages the Government to continue its efforts and to continue reinforcing the resources and capacities of the law enforcement authorities (and particularly the forces of order, the Office of the Attorney-General and magistrates), so that they are fully in a position to identify cases of trafficking and to prosecute and impose effective penalties on those responsible. The Committee also requests the Government to provide information on: (i) the progress achieved in the review of the 2012 Act; (ii) the convictions handed down in the 47 cases of trafficking in persons and the smuggling of migrants referred to above; and (iii) the number of convictions and the penalties imposed on persons found guilty of trafficking in persons.

Article 2 of the Protocol. Prevention. Clauses (a) and (b). Awareness-raising, education and information. In response to the Committee’s request for information on awareness-raising on trafficking and data collection, the Government indicates that awareness-raising, information and training activities have been carried out for specific categories, including victims of trafficking and professionals, on a range of subjects, including the laws covering action to combat trafficking in persons, the causes and consequences of trafficking, complaint procedures and victim protection and assistance measures. In 2021, some 124,598 persons were reached by awareness-raising and training activities, of whom 53,980 were women, in the regions of Koulikoro, Ségou, Sikasso, Kayes, Mopti, Gao and Timbuktu. The Government adds that it would like the awareness-raising and training activities to be pursued and intensified, with greater participation by the media, artists and influential persons. It also indicates that the 2021 annual report on trafficking envisages, in its recommendations, the preparation and dissemination of reference and communication materials against trafficking in persons, as well as the establishment of a national data collection system on trafficking in persons and similar practices. In view of the importance of the availability of reliable data on the characteristics and extent of trafficking, the Committee hopes that the national data collection system on trafficking in persons will soon be operational and requests the Government to provide information on the progress achieved in this regard and the data collected. The Committee also requests the Government to continue providing information on the activities undertaken to prevent trafficking in persons, particularly by raising the awareness of and informing the population and the actors concerned by trafficking.

Clause (d). Migrant workers and recruitment processes. The Committee previously requested the Government to provide information on the national migration policy and the partnerships developed with other countries for the protection of migrant workers from Mali. The Government indicates that the National Migration Policy (PONAM) adopted in 2014 is intended to cover a period of ten years. The Committee notes in this regard that, following the Plan of Action 2015-19 of the PONAM, information from the International Organization for Migration (IOM) indicates that a workshop was organized to update the Plan of Action of the PONAM for the period 2020-24. With reference to partnerships, the Government indicates that it has no additional information on the implementation of a system for the recruitment and management of the lawful migration of workers with Saudi Arabia, as events in the country have slowed the process down. Also with reference to the comments that it has made concerning the application of the Private Employment Agencies Convention, 1997 (No. 181) (direct request 2019), the Committee requests the Government to provide information on the measures taken to inform and protect migrant workers against any abuses and fraudulent practices during the recruitment and placement process, including within the framework of the Plan of Action of the National Migration Policy 2021-24. Please provide information on any agreements concluded with countries which receive migrant workers from Mali with a view to protecting their rights and conditions of work.

Article 3 of the Protocol. Identification and protection of victims. With regard to the measures taken to identify and protect victims of trafficking in persons, the Committee notes the Government’s indication that where there are reasonable grounds for considering that a person is a victim of trafficking, any authority responsible for the provision of a public service shall examine and assess the case of such a person within 72 hours, and then issue any relevant document certifying that the conditions have been met for the victim to have access to protection and assistance. The Government indicates that the assistance provided varies depending on the victim, and in general includes accommodation, health care, legal and judicial assistance, psycho-social support, education and vocational training, and rehabilitation. During the course of 2021, a total of 582 victims, including 446 women, benefited from holistic support.

The Committee also notes that the National Plan of Action to Combat Trafficking in Persons 2018-22 provides, among other action, for: (i) the establishment of a hotline for assistance to victims of trafficking; (ii) the development of tools and procedural guides on assistance and protection of victims; (iii) the organization of training courses on special assistance and protection measures for victims; and (iv) the establishment of regional pilot structures for the identification and provision of assistance to victims. The Committee requests the Government to continue its efforts to ensure adequate protection to victims with a view to their recovery and rehabilitation when they return to Mali and to provide information on the implementation of the measures referred to above set out in the National Plan of Action. Please continue to provide information on the number of persons identified as victims of trafficking, and on the nature of the protection and assistance provided to them.

Article 4(1) of the Protocol. Access to remedies and compensation. The Government indicates that the assistance provided to victims of trafficking in persons may include legal and judicial assistance. The Committee also notes that, the activities set out in the National Plan of Action to Combat Trafficking in Persons 2018-22 include the establishment of a compensation fund for victims of trafficking (with a view to facilitating their return, repatriation and reintegration) and of systematic legal and judicial assistance measures. The Committee requests the Government to indicate the number of victims who have benefited from legal and judicial assistance and to describe how the compensation fund for victims of trafficking in persons has been implemented.

Article 4(2) of the Protocol. Non-prosecution of victims for acts committed under constraint. The Committee requests the Government to indicate the manner in which it ensures that the competent authorities do not prosecute or impose penalties on victims of trafficking in persons who have participated in unlawful activities under constraint.

2.Measures to combat all forms of forced labour

Articles 1(1), 2(1) and 25 of the Convention. Prohibition of forced labour and penalties. The Committee previously drew the Government’s attention to the fact that the penalties established in the Labour Code for the exaction of forced labour (section 314) and in the Penal Code for offences against the freedom of work (section 132) are not sufficiently dissuasive. It notes the Government’s indication that it does not have available verified information on the prosecutions launched and the penalties imposed under section 314 of the Labour Code and section 132 of the Penal Code. The Government refers to the preliminary draft amendment of the Penal Code with a view to penalizing slavery in all its forms.

In view of the gravity of the crime of forced labour, the Committee once again requests the Government to take the necessary measures, particularly in the context of the process of the amendment of the Penal Code, to ensure that really effective and dissuasive penalties are established in the legislation against persons engaging in the exaction of any form of forced labour. It requests the Government to provide information on the measures taken in this regard and, in the meantime, to indicate whether persons have been prosecuted under sections 314 of the Labour Code and 132 of the Penal Code and, if so, the penalties imposed.

Article 2 of the Protocol. Prevention measures. Clause (c). Labour inspection and other services. Further to its previous comments, the Committee notes the Government’s indications that magistrates and the labour inspection services receive training on forced labour issues, although such training is provided subject to the availability of budgetary allocations and no training on this subject was provided in 2021. With reference also to the comments that it has made on the application of the Labour Inspection Convention, 1947 (No. 81) (2021 direct request), the Committee encourages the Government to continue its efforts to reinforce the resources and capacities of the labour inspection and other services responsible for the enforcement of the law with a view to strengthening their role in the prevention and detection of cases of forced labour.

Clause (e). Due diligence by both the public and private sectors. The Committee notes the project “Promoting fundamental principles and rights at work in the cotton supply chain” in Mali for the period 2017-22. It also notes that, according to the outcome of the Decent Work Country Programme (DWCP), the Mali Textile Development Company (CMDT) and the Confederation of Cotton Producers’ Cooperatives have the technical capacity, acquired in 2021-21 to provide basic training on cooperative management and fundamental principles and rights at work in the various cotton production zones. The Committee requests the Government to provide information on the measures adopted to provide support to enterprises in the public and private sectors for due diligence to prevent and respond to risks of forced labour.

Clause (f). Action to address the root causes of forced labour. The Committee notes the Government’s indication that a project to combat forced labour and trafficking in persons was launched in the Sikasso region in June 2022 with ILO support and that its objective is to address the root causes of child labour and forced labour, including through the establishment of income-generating activities for the parents of children. The Committee also notes that, in its comments on the application of the Discrimination (Employment and Occupation) Convention, 1958 (No. 111) (2020 direct request), it noted several plans and programmes, including: (i) the National Gender Policy (PNG); (ii) the Ten-Year Development Plan for the Empowerment of Women, Children and the Family (PDDAFEF 2029-29); and (iii) the Ten-Year Development Programme for Education and Second-generation Vocational Training (PRODEC II) 2019-28. The Committee requests the Government to continue providing information on the measures taken to address the root causes and factors which increase the vulnerability of persons to forced labour, including programmes and initiatives to combat discrimination, promote education and vocational training and encourage social protection and access to employment.

Articles 4(2) and 6 of the Protocol. Consultation of organizations of employers and workers. In response to its previous request concerning the consultation of employers’ and workers’ organizations concerning the action taken to combat all forms of forced labour, the Government indicates that all employers’ and workers’ organizations participated through workshops in the design, implementation and evaluation of the National Plan of Action to Combat Trafficking in Persons and the Strategy to Combat Slavery. However, the Committee notes that, in its observations attached to the Government’s report, the National Council of Employers of Mali (CNPM) indicates that it was not involved in the activities carried out within the framework of the Plan of Action to Combat Trafficking in Persons and Similar Practices 2015-17. The Committee requests the Government to ensure that the employers’ and workers’ organizations concerned are consulted on the formulation and evaluation of policies and plans of action to combat trafficking in persons and slavery.

3.Exception to the definition of slavery

Article 2(2)(a) of the Convention. Work exacted in virtue of compulsory national service.With reference to the need for the Government to bring the legislation into conformity with the practice described by amending Act No. 2016-038 of July 2016 creating the National Youth Service so as to reflect its voluntary nature, the Committee refers to its direct request on the application of the Abolition of Forced Labour Convention, 1957 (No. 105).