Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Mali (Ratification: 2008)

Article 5 of the Convention. Effective tripartite consultations. The Committee notes the adoption of Decree No. 2023-0431/PT-RM of 17 August 2023 establishing the National Social Dialogue Council (CNDS). It notes that, under section 2, this body “is responsible for ensuring ongoing consultation between the State and the social partners in the public, semi-public and private sectors, including the informal economy, in order to maintain a peaceful social climate”. Although the Government indicates that consultation with the social partners is mandatory, the Committee notes that: (i) the list of tasks assigned to the CNDS does not include conducting consultations on international labour standards as required under Article 5(1) of the Convention; and (ii) the CNDS was unable to meet due to a lack of consensus among the trade unions on the appointment of their representatives to this body. In this regard, the Committee notes the proposal by the National Council of Employers of Mali (CNPM) to resume the tripartite workshops that were introduced following a recommendation by the subregional ILO Office in Dakar.

In addition, regarding the re-examination of unratified Conventions (Article 5(1)(c)), the Committee notes the Government’s indication that the COVID-19 pandemic interrupted the process for the ratification of the Social Security (Minimum Standards) Convention, 1952 (No. 102), and the re-examination of the Labour Inspection (Agriculture) Convention, 1969 (No. 129). While acknowledging the complexity of the situation on the ground, the Committee recalls that the obligation to ensure “effective consultations” within the meaning of Article 2 of the Convention cannot be suspended indefinitely on account of institutional difficulties or disagreements over the composition of a body. The Convention allows for considerable flexibility regarding the form of the procedures. If there is an impasse in the institutional body (CNDS), the Committee considers it the Government’s responsibility to establish alternative procedures, such as written communications or ad hoc meetings, to ensure the continuity of dialogue on standards. In light of the above, the Committee requests the Government: (i) to take measures without delay to overcome the current impasse. Noting the constructive proposal of the CNPM, the Committee invites the Government to consider the possibility of making use of transitional procedures, such as ad hoc tripartite workshops or written consultations, to address urgent matters relating to ILO standards, until such time as the CNDS becomes operational; (ii) to indicate the measures taken to ensure that the mandate of the CNDS (or of a specialized subcommittee created thereunder, in accordance with the practice in other countries) explicitly covers the matters listed in Article 5(1) of the Convention; and (iii) with regard to Conventions Nos 102 and 129, to provide information on the processes that were interrupted by the pandemic, and to provide information on the recommendations made by the social partners in this regard.