Mali
The ITUC affiliates in Mali are the Confédération Syndicale des Travailleurs du Mali (CSTM) and the Union Nationale des Travailleurs du Mali (UNTM).
Mali ratified Convention No. 87 on Freedom of Association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
(1949) in 1964.
Legal
Freedom of association / Right to organise
Freedom of association
The right to freedom of association is enshrined in the Constitution.
The right to freedom of association is recognised by law but strictly regulated.
Anti-Union discrimination
The law prohibits anti-union discrimination, but does not provide adequate means of protection against it.
Barriers to the establishment of organisations
- Power to refuse official registration on arbitrary, unjustified or ambiguous grounds
- The Labour Code does not specify grounds on which an application for registration may be refused or must be accepted.
Restrictions on workers’ right to form and join organisations of their own choosing
- Restrictions on workers’ right to join the trade union of their choosing imposed by law (i.e. obligation to join a trade union of a certain level e.g. enterprise, industry and/or sector, regional and /or territorial national)
- Workers who are employed in the same profession have the right to form unions (Article L.233, Labour Code). Also, a worker may only remain a member of a trade for a year after leaving the relevant function or profession (L. 237, Labour Code).
Restrictions on trade unions’ right to organise their administration
- Restrictions on the right to elect representatives and self-administer in full freedom
- L. 235 of the Labour Code provides that members responsible for the administration of the management of a union must be resident in the Republic of Mali and must not have been convicted of any crimes that led to the suspension of their right to vote in national elections.
- Restrictions on the right to freely organise activities and formulate programmes
- The Minister of Labour may refer a dispute to arbitration when he or she considers it may “jeopardise the normal operation of the national economy or involves a vital industrial sector” (L.229 of the Labour Code of 1992). This regulation provides public authorities with overly broad discretionary powers.
Categories of workers prohibited or limited from forming or joining a union, or from holding a union office
- Other civil servants and public employees
- Officials and judges are excluded from the application of the Labour Code (Art. 1).
Right to collective bargaining
Right to collective bargaining
The right to collective bargaining is recognised by law but strictly regulated.
Barriers to the recognition of collective bargaining agents
- Previous authorisation or approval by authorities required to bargain collectively
- Sectoral collective agreements must be submitted to the Ministry of Labour for approval (L.78, Labour Code).
- Absence of criteria or discretionary, unclear or unreasonable criteria for determining representative organisations
- The Minister of Labour decides which union is representative for sectoral collective bargaining. This decision is based on the following: the number of votes, experience of the union, the extent and nature of its operations (L.78, Labour Code).
- Absence of recourse to an independent body responsible for declaring whether an organisation may negotiate or not
- There is no means of recourse against the decision of the Minister with regard to representativeness under L.78 of the Labour Code.
Restrictions on the principle of free and voluntary bargaining
- Authorities’ or employers’ power to unilaterally annul, modify or extend content and scope of collective agreements
- At the request of one of the most representative trade unions, or on the proposal of the Minister of Labour, a collective agreement can be extended to all workers (L.82, Labour Code).
Restrictions on the scope of application and legal effectiveness of concluded collective agreements
- Authorities’ approval of freely concluded collective agreements
- A Joint Committee established by the Minister of Labour approves the conclusion of a sectoral collective agreement (L. 78, Labour Code).
Undermining of the recourse to collective bargaining and his effectiveness
- Employers’ discretionary right to refuse to bargain with representative trade unions
- No legal mechanism is established by the Labour Code by which a trade union may compel an employer to enter into collective bargaining negotiations.
Limitations or ban on collective bargaining in certain sectors
- Other civil servants and public employees
- Officials and judges are excluded from the application of the Labour Code (Art. 1).
Right to strike
Right to strike
The right to strike is enshrined in the Constitution.
The right to strike is recognised by law but strictly regulated.
Barriers to lawful strike actions
- Compulsory recourse to arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation , or to long and complex conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.
See arbitration, mediation and mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.
See arbitration, conciliation procedures prior to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike actions - For strike action to be lawful, the parties to a dispute must exhaust the conciliation and arbitration procedures set out in Chapter 2 of Part V of the Labour Code. In order to prevent an arbitration award becoming enforceable, the trade union must express opposition to its terms within eight calendar days of being notified of it.
- Absence of an independent body responsible for declaring whether a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is legal or not
Undermining of the recourse to strike actions or their effectiveness
- Excessive civil or penal sanctions for workers and unions involved in non-authorised strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike actions - Participation in an illegal strike may lead to dismissal and loss of other rights except wages and leave (L.231, Labour Code).
Limitations or ban on strikes in certain sectors
- Discretionary determination or excessively long list of “essential services
essential services
Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.
See Guide to the ITUC international trade union rights framework
” in which the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is prohibited or severely restricted - A list of essential services has not been identified. However, L.229 of the Labour Code describes essential services as being services whose interruption would endanger the life, personal safety or health of persons, affect the normal operation of the national economy, or affect a vital industrial sector.
In practice
The Malian labour confederation CMT spoke out during a press conference against the management at the country’s public radio and TV broadcaster, the ORTM, which had demanded that Youssouf Diakité, one of its employees, explain why he had joined the union. The CMT sees the management’s interference as an attempt to hinder union organising
organising
The process of forming or joining a trade union, or inducing other workers to form or join one.
and a serious violation of freedom of association
freedom of association
The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.
See Guide to the ITUC international trade union rights framework
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Issiaka Traoré, general secretary of the NSIA trade union committee, was dismissed on 18 July 2017 by the management of the NSIA insurance company for having sent an email to the deputy director calling for the income tax cuts granted by the government in 2016. The mail read: “Ms Bosso, please have some respect and consideration for the staff. Why do NSIA employees have to suffer to secure the rights they are entitled to?” According to Issiaka Traoré, following the call for a general meeting initiated by the Syndicat National des Banques, Assurances et Établissements Financiers (SYNABEF), the NSIA’s management went as far as to propose a negotiated departure for all the trade union members employed at the company. Although the Arbitration
arbitration
A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.
See conciliation, mediation
Council ordered, in November 2017, that the trade unionist should be reinstated, the NSIA was still refusing to implement the decision at the end of 2017. SYNABEF held several demonstrations and strikes in support of Issiaka Traoré.
Two trade union leaders, Dr Loseni Bengali, a member of the Syndicat National de la Santé, de l’Action Sociale et de la Promotion de la Femme (SNS-AS-PF, affiliated to the UNTM) and general secretary of the branch union at the Gabriel Touré hospital, and Youssouf Fofana, former general secretary of the Syndicat de la Police Nationale (SNP, affiliated to the CSTM), were targeted by their employers throughout 2015. Dr Bengali had been transferred in 2013, arbitrarily, according to his union, which staged several strikes during the year to press for his reappointment to his former post. Fofana, who was unfairly suspended in 2013 on account of his trade union activities, was the object of unrelenting harassment. He was finally dismissed
The Malian justice system’s excessive slowness in dealing with cases involving trade union rights violations, some dating back several years, contributed to poisoning relations between trade union organisations and the authorities, which, evoking the separation of powers, shirk all responsibility, repeatedly responding that the judicial proceedings must follow their course. The mining sector is the worst affected. The trade unions once again denounced mining companies, recruitment agencies, the National Directorate of Geology and Mines and the Chamber of Mines for the failure to reinstate unfairly dismissed workers, many of whom are trade union activists, and for the non-payment of monies owed to them.
In some cases, verdicts have been pronounced but the employers refuse to implement the court decisions, with total impunity. In 1999, Analabs-Morila, for example, had been ordered to pay a wage increase but still has not done so. Nor has it respected the agreement on overtime signed between workers’ representatives and the company.
The trade union rights violations at the LTA-Mali mining company, where workers have been on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
since 2011, have already been documented by the ITUC. The authorities in Kayes had validated the dismissal of 27 trade unionists on grounds of their abusive exercise of the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
and clear resolve to damage the company. The support provided to the strikers by the Fédération Nationale des Mines and de l’Energie (FENAME) failed to prevent the dismissal of 30 additional strikers. On 25 October 2015, the 57 workers still awaiting justice launched a sit-in in the courtyard of the Confédération Syndicale des Travailleurs du Mali (CSTM). The sit-in was still underway at the end of the year.
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The National Workers’ Union of Mali, the UNTM, reported that following a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
at Mali Lait in September, the company withheld the payment of union dues, despite a check-off
check-off
A system where union dues and fees are automatically deducted by the employer from the workers’ paychecks and then remitted to the respective union.
agreement. The strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
that began on 5 September had been held to demand the release from custody of three colleagues, including a trade union official, Dramane Diallo. The General Secretary of the Mali Lait s.a. workers’ union, Karamoko Kané, believed the three workers had been arrested on trumped up charges of theft. The supposed theft had occurred at night, but Mr. Diallo was working a day shift. Mr. Diallo had been one of the few people to face up to management when it failed to respond to demands, dating back to 2013, for a pay rise and overtime pay, and an end to unfair dismissals.
The staff union at the Laïco El Farouk hotel spent years trying to negotiate a set of basic demands with the management. To simplify matters they reduced their demands to five key points, medical visits, filling empty posts through internal promotions, bonuses for night work, a permanent contract for one of their colleagues, and new rules of procedure. The assistant general manager claimed he could not do anything because he had “no power”. The general manager had returned home to Tunisia during the events of 2012 and had not been replaced. The hotel management did however decide it had the power to impose new rules of procedure, applying the initial draft as a definitive text, without consulting the staff union, and ignoring all its requests for changes to the draft. Finally the union lost patience and called a three day strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
from 18 to 20 February 2015. The hotel retaliated by not renewing fixed term contracts.
Contract workers in the mining industry also went on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
, on 3 and 4 November 2014, over the government’s attitude to collective bargaining
collective bargaining
The process of negotiating mutually acceptable terms and conditions of employment as well as regulating industrial relations between one or more workers’ representatives, trade unions, or trade union centres on the one hand and an employer, a group of employers or one or more employers’ organisations on the other.
See collective bargaining agreement
. Many of the workers in the sector are hired as contract labour, and were seeking better social protection. Their demands also included the payment of salary arrears, as they had not been paid for five months by the time of the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. In April the trade union committee for mining and industry (SECNAMI) sent a list of demands to the Minister for Mines, Boubou Cissé, but instead of meeting them himself he sent his head of cabinet, said the union’s General Secrtary,
Cheich Tidiani Fofana. Three months later, the workers had not been paid, no solution had been found, and although the Minister did finally meet with the union he said he could not do anything, he would have to write to the Finance Ministry for financial support. By November the workers’ demands had still not been met, and they decided to call the strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. According to Mr. Fofana the Finance Minister, Mrs. Bouaré Fily Sissoko, threatened to cut the contract workers’ salaries by 50% and if the situation persisted to sack them and replace them by other workers.
The national workers’ union of Mali, the UNTM, called a general strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 21 August 2014 over its frustration that the government was not taking negotiations seriously. The union had tabled its demands in May, yet had to wait until August to sit down at the negotiating table. After four days, agreement was reached on some of their demands, but not on five key demands such as the level of the minimum wage and income tax. The strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was so widely followed in both Bamako and around the country that it was extended for a second day. The strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
did have the effect of forcing the government back to the negotiating table and they eventually reached an agreement at the end of October.
The Confédération Syndicale des Travailleurs du Mali (CSTM) reports that Mamadou Dionè, a security worker at the airport, was abducted by police in March 2014 for participating in a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. The CSTM has filed a complaint. The office of the police union in Bamako was attacked by the authorities in 2013. The General Secretary of the police union, Youssouf Fofana, was illegally dismissed from his position and other members of the elected leadership faced sanctions for their union activities in 2014. The security company Securicom first tried to prevent a general meeting of workers at the company and then organised a parallel general meeting with workers selected by management. The company refuses to recognise the union committee that is affiliated to the CSTM. In 2013, Moussa Dabo, General Secretary of the mining union, and more than 700 members of the union were dismissed by the companies LTA Mali and Semos for participating in a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
. The court found that the dismissals were illegal and ordered the company to pay compensation. However, the companies have refused to comply with the judgment for several months.
The Confédération Syndicale des Travailleurs du Mali (CSTM) reports that Youssouf FOFANA, Interim Secretary General of the National Police Union has been threatened and suspended for his membership to Confédération Syndicale Des Travailleurs Du Mali (CSTM) in 2013 and 2014. Members of the CSTM committee were transferred to other positions because of their union activism. Security company (Securicom) not only prevented the union to hold a general meeting but also refused to recognise the CSTM for bargaining purposes (February-March 2014).
Mining companies responded to strikes regarding salaries and working conditions over the years 2012 and 2013 with unjustified mass dismissal of workers. About 700 workers employed at LTA Mali SA and SEMOS SA were dismissed during strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action and replaced with other workers.
The national federation of mine and energy workers Fédération Nationale des Travailleurs des Mines et de l’Énergie (FENAME) provided the relevant authorities with notice of a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
for better working conditions and the pay increases usually applied in the mining sector. The strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
was suspended following negotiations with the Mines Department, which instructed each management team to open internal negotiations on the respective points of disagreement. No negotiations were, however, opened. The workers therefore proceeded to take strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
action. Following the strikes, measures were taken to dismiss and suspend the contracts of hundreds of unionised employees, targeting members of the Confédération Syndicale des Travailleurs du Mali (CSTM) in particular.
The absence of legal provisions against acts of anti-union discrimination
anti-union discrimination
Any practice that disadvantages a worker or a group of workers on grounds of their past, current or prospective trade union membership, their legitimate trade union activities, or their use of trade union services. Can constitute dismissal, transfer, demotion, harassment and the like.
See Guide to the ITUC international trade union rights framework
continued to obstruct trade union activities. Employers were able to stop the setting up of trade union committees without even having to explain their motives. Trade union calls for the reinstatement of workers transferred or dismissed for taking part in a strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
were ignored. Such was the case, for example, at the Morila Gold Mine and the mining company BCM-Mali.
Despite the government’s promises, the trade unions have complained of the lack of social dialogue
social dialogue
Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice.
or at the very least discrimination against them. Similarly, promises to deal with violations of the right to strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in 2009 or earlier amounted to nothing. Many workers who took part in protest action have still not won their case, be it in the private sector (see the articles about Morilla and Huicoma in the violations section) or the public sector. The National Health and Social Action Workers’ Union (SNS-AS) called a 48-hour strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
on 21 and 22 July further to the Health Minister’s refusal to respond to their demands. The SNS-AS reported that it had been threatened by the authorities. The union’s demands included the reinstatement of activists who had been transferred or dismissed for going on strike
strike
The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.
See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike
in the past. By the end of the year, there had been no significant progress for the SNS-AS.