Mali - CLR

LABOUR RIGHTS INDEX 2022

Trade Union Indicator

The Labour Rights Index 2022 (LRI 2022) is a de-jure index covering 135 economies and structured around the working lifespan of a worker. In total, 46 questions or evaluation criteria are scored across 10 indicators. The overall score is calculated by taking the average of each indicator, with 100 being the highest possible score. The Index uses a rating system, ranging from “Total Lack of Decent Work” to “Decent Work”. The Labour Rights Index aims at an active contribution to the Sustainable Development Goals, by providing necessary (complementary) insights into de jure provisions on issues covered in particular by SDG8 (Decent Jobs), SDG 5 (Gender Equality), SDG 10 (Reduced Inequalities) and SDG 16 (Strong Institutions). The Index is based on national labour legislation, applicable on 1 January 2022. The Index does not take into account COVID-19 related labour market measures in its scoring.

Mali’s overall score is 56.5 out of 100. The overall score for Malawi is lower than the regional average observed across Sub-Saharan Africa (64.4). Within the Sub-Saharan Africa region, the highest score is observed for Guinea (80.5).

Mali ratified Convention No. 87 on Freedom of Association and Protection of the Right to Organise (1948) in 1960 and Convention No. 98 on the Right to Organise and Collective Bargaining (1949) in 1964.

Labour Rights Index 2022

56.5/100

LRI Country Score

50/100

Trade Union Indicator

7.52 %

Trade union density rate (%)

- %

Collective bargaining coverage rate (%)

0.88

SDG indicator 8.8.2

-

ITUC Global Rights Index 2022 Ratings

Question

Answer

Score

Legal Basis

Violation

Does the law allow workers to form and join unions of their own choice?

Yes

1 §18, Malian Constitution 1992; §2-12, Act No. 04-038/AN-RM; §232-257, Labour Code 1992

No Violation Found

Does the law allow workers to bargain collectively with employers through their representative unions?

No

0 §70-78, 283-284, Labour Code, 1992; Law N° 88-20, 1988; USDOS CRHRP 2021

Does the law provide for the right to strike?

No

0 §19, Malian Constitution 1992; §134 & 229-231, Labour Code 1992; USDOS CRHRP 2021

Does the law prohibit employers from terminating employment contracts of striking workers?

Yes

1 §19, Malian Constitution 1992; §134 & 231, Labour Code 1992; USDOS CRHRP 2021

No Violation Found

Textual sources

A : National Law

National Labour Legislation

B : CEACR

CEACR: ILO Committee of Experts on Application of Conventions and Recommendations (latest report)

C : ITUC

ITUC: ITUC Global Rights Index 2022

D : USDOS

USDOS: US Department of States' Country Reports on Human Rights Practices 2021

LRI Country Score
The Labour Rights Index has 10 indicators and 46 sub-indicators. The LRI Country score averages 10 indicators and ranges between 0 and 100. The lowest and highest scorers are Nigeria (29/100) and Belgium/Greece (96/100). https://labourrightsindex.org/

Trade Union Indicator
The trade union indicator is composed of 4 sub-indicators. Scoring is done through the binary method (0 or 1). The score ranges between 0-100.

Trade union density rate (%)
The trade union density rate conveys the number of union members who are employees as a percentage of the total number of employees in the country. For updated statistics on trade union density, please check ILOSTAT.

Collective bargaining coverage rate (%)
The collective bargaining coverage rate conveys the number of employees whose pay and/or conditions of employment are determined by one or more collective agreement(s) as a percentage of the total number of employees in the country. For updated statistics on collective bargaining coverage, please check ILOSTAT.

SDG indicator 8.8.2
SDG indicator 8.8.2 measures national compliance with fundamental labour rights (freedom of association and collective bargaining or FACB). It ranges from 0 to 10, with 0 being the best possible score (indicating higher levels of compliance with FACB rights) and 10 the worst (indicating lower levels of compliance with FACB rights). It is based on six ILO supervisory body textual sources and national legislation.
For an updated assessment on SDG indicator 8.8.2, please check ILOSTAT.

ITUC Global Rights Index 2022 Ratings
The ITUC Global Rights Index depicts the world’s worst countries for workers by rating 148 countries on a scale from 1 to 5+ on the degree of respect for workers’ rights. Violations are recorded each year from April to March. For a detailed description of ratings and methodology, please follow the link.

To find an ITUC affiliate in your country, please check the LINK:

Violations

No Violation

Violations

US Department of States' Country Reports on Human Rights Practices 2021 (USDOS)

USDOS CRHRP 2021

The law provides for workers, except members of the armed forces, to form and join independent unions, bargain collectively, and conduct strikes.
(…)
The minister of labor and public service has the sole authority to approve sectoral collective agreements and to decide which unions participate in sectoral collective bargaining. Employers have the discretion to refuse to bargain with representatives of trade unions.

Violations

US Department of States' Country Reports on Human Rights Practices 2021 (USDOS)

USDOS CRHRP 2021

The law allows all types of strikes and prohibits retribution against strikers. Unions must exhaust the mandatory conciliation and arbitration procedures set out in the labor code before they may strike legally. Regulations require civil servants and workers in state-owned enterprises to give two weeks’ notice of a planned strike and to enter into mediation and negotiations with the employer and a third party, usually the Ministry of Labor and Public Service.

The law does not allow workers in “essential services” sectors to strike, and the minister of labor may order compulsory arbitration for such workers. The law defines “essential services” as services whose interruption would endanger the lives, personal safety, or health of persons; affect the normal operation of the national economy; or affect a vital industrial sector. For example, the law requires striking police to maintain a minimum presence in headquarters and on the street. The government, however, does not have a list of essential services.

Violations

No Violation