COMMITTEE ON PROTECTION OF RIGHTS OF MIGRANTS CONSIDERS INITIAL REPORT OF MALI
The Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families today considered the initial report of Mali on its implementation of the provisions of the International Convention on the Protection of All Migrant Workers and Members of Their Families, the first time the Committee has considered a report by a State Member.
Presenting the report, Sekou Kasse, Charge d'affaires a.i. of the Permanent Mission of Mali to the United Nations Office at Geneva, said that his Government attached particular importance to the situation of migrant workers and to Malians working abroad, one testament to which was the Ministry for Malians Abroad and African Unity.
Continuing with the presentation of the report, Dicko Fatoumata Abdourhamane, Head of the Legal and Normative Division of the Directorate of Labour at the Ministry of Civil Service, State Reform and Institutional Relations of Mali, noted that the Malian authorities had met with the Coordination Committee of Non-Governmental Organizations and Associations so that in the near future NGOs would be able to play a role in the implementation of the Convention. There had long been a system by which Malians living in a particular country would have their money remitted back by one worker, but Malian banks had now opened branches in areas where lots of Malians were working, so that Malians were able to remit their wages through the banks as well. In February 2006 there had been a conference in Cotonou, Benin, which aimed to facilitate the transfer of wages of workers from the sub region to their countries of origin. In Mali self-employed workers enjoyed the same rights and protections as all other workers, whether under the Labour Code, the Social Security Code or in regulations for employers. Self-employed workers in Mali were mainly artisans and most preferred for their own personal reasons to work in the informal sector.
In preliminary concluding remarks, Prasad Kariyawasam, the Chairperson of the Committee, said that there were several good measures that Mali had taken to implement the Convention. Alongside efforts to strengthen democratic institutions, Mali had set up a sound institutional framework to protect migrant workers and their rights under the Convention. Still, there was room for improvement in the area of implementation. He recognized that there might be contradictions between the treaty and national laws and customs, as was seen in the case of polygamy in the discussion today. Another important issue was the availability of statistics. While he understood that was a difficulty many developing nations faced, however, it was not an excuse as statistics were key in tracking implementation of international obligations and he hoped Mali would work to improve in that area.
The Committee will issue its final conclusions and recommendations on the report of Mali at the end of its session, which concludes on 28 April.
Report of Mali
The initial report of Mali (CMW/C/MLI/1) says that Mali’s commitment to implementing the provisions of the Convention is illustrated by the legislative measures taken and the agreements it has entered into with other States in order to guarantee greater protection for migrant workers. It is difficult to quantify the characteristics and nature of migration flows because of the lack of statistics on the subject. Malian legislation makes no distinction between migrant workers and Malian workers. Mali has ratified the ILO Convention No. 111 concerning discrimination in respect of employment and occupation. Malian legislation places no particular restrictions on the right of migrant workers and members of their families to leave Mali at any time.
Under Act No. 04-058 of 25 November 2004, foreigners enjoy freedom of movement in Mali, on the sole condition that they produce the documents required for residence purposes, including an entry visa, documents on the purpose and conditions of the stay and, if necessary, on means of support and repatriation guarantees, and documents needed for the exercise of an occupational activity, if the intention is to exercise one in Mali. Migrant workers enjoy equality of treatment with nationals of the State party in relation to access to vocational training and retraining institutions and facilities and access to social and health services, provided they meet the requisite conditions. The integration of the children of migrant workers in the school system has never posed any problem in Mali. The only restriction with regard to employment is that migrants must have the necessary authorization before they can do any paid work.
Presentation of Report
SEKOU KASSE, Charge d'affaires a.i. of the Permanent Mission of Mali to the United Nations Office at Geneva, presenting the report of Mali, said that his Government attached particular importance to the situation of migrant workers and to Malians working abroad, one testament to which was the Ministry for Malians Abroad and African Unity.
DICKO FATOUMATA ABDOURHAMANE, Head of the Legal and Normative Division of the Directorate of Labour at the Ministry of Civil Service, State Reform and Institutional Relations of Mali, continuing with the presentation of the report, presented the apologies of the delegation for the delay in submitting the written responses to the Committee's questionnaire, the lack of a list of acronyms, and the absence of a physical, political or legal introduction to the State of Mali. In that regard, she hoped the Committee would refer to the last report of Mali on implementation of its obligations under the Convention on the Rights of the Child, presented in 2005. Questions posed by contemporary forms of migratory work were of particular importance to her country, which was a country of emigration par excellence.
The laws and practices that had been established to deal with migration and migrant workers were inscribed within the larger framework of laws and regulations concerning labour, employment, social security and immigration, which Mali found to be a particularly important category of social rights. For that reason, she said, Mali had decided to ratify the Convention.
The initial report was prepared with the assistance of the Ministry of the Civil Service, State Reform, and Institutional Relations, the Ministry of Foreign Affairs and International Cooperation, the Ministry for Malians Abroad and African Unity, the Ministry for Internal Security and Civil Protection and the Ministry for Territorial Administration and Local Authorities.
After the initial report of Mali was submitted, a document responding to the questionnaire formulated by the Committee was sent to the Committee. It was the examination of that document that justified the presence of the delegation here today. That document contained general information on the nature and characteristics of migratory flows and steps taken to implement and promote the Convention, along with legislative measures that had been adopted to implement the provisions of the Convention. Another section dealt with the procedures and requirements for obtaining a passport or other travel documents, freedom of association, recourse to consular or diplomatic authorities in cases where migrant workers or members of their families were accused or arrested, conditions of arrest or detention, the procedure for the confiscation of documents, urgent medical care, measures undertaken to guarantee the right to a name, to the registration of births and for the attribution of nationality to children of migrant workers, the right to education, and measures undertaken by the Ministry of Malians Abroad and African Unity to help Malians working abroad. Yet another section covered questions concerning the right of foreign migrants to leave Mali and return to Mali, to establish trade unions or association and measures taken to facilitate the exercise the right of Malian workers abroad to vote or to be elected. Also in that section was a brief overview of the administrative procedures for family reunification and residence permits.
Ms. Abdourhamane said that only three of the questions submitted by the Committee had not yet been responded to in writing. Regarding the first, on the role of non-governmental organizations in the implementation of the Convention, she noted that the Malian authorities had met with the Coordination Committee of Non-Governmental Organizations and Associations so that in the near future they would be able to play a role in the implementation of the Convention. Concerning remittances from Malian workers abroad, there had long been a system by which Malians living in a particular country would have their money remitted back by one worker. But Malian banks had now opened branches in areas where lots of Malians were working, so that Malians were able to remit their wages through the banks as well. Wages and earnings were also remitted through the Western Union system. Also, in February 2006, there had been a conference in Cotonou, Benin, which aimed to facilitate the transfer of wages of workers from the sub region to their countries of origin. A third question concerned the legal instrument by which the rights of self-employed workers were guaranteed. In Mali self-employed workers had the right to the same protections as all other workers, whether under the Labour Code, the Social Security Code or in regulations for employers. Self-employed workers in Mali were mostly artisans, she noted, and most of them preferred for their own personal reasons to carry on their work in the informal sector.
Oral Questions Raised by Committee Experts
A Committee Expert wanted to know whether identity documents could be confiscated in Mali and whether there were certain provisions preventing collective confiscation. He also wanted to know if there was any intention to facilitate, or to set up a mechanism in Mali itself, by which Malians could transfer funds abroad. He wondered if Mali had taken measures to inform Malians abroad or foreign migrants or transitory workers in Mali about the rights available to them under the Convention and whether any steps had been taken for the legal recognition of customs or cultural expressions of migrants. As Mali was a country of net emigration, he noted, it was very important that diplomatic and consular work be done to have as close a follow up as possible for Malians who had emigrated abroad. In that connection, what measures had been taken to address conflicts where these had occurred abroad? Did Malian consulates abroad contain representatives from the labour authority, for example?
Another Expert asked about the rights of migrant workers to form trade associations and join unions. Although the report stated that migrant workers shared the same rights in that regard as all other workers, there appeared to be a contradiction in the wording of the report and he would appreciate if the delegation could clarify that. He also wondered if human rights violations were dealt with by the human rights committee. With regard to the statement by a member of the delegation that a person wishing to enter Mali could be refouled at the border, he would like to know under what circumstances that was possible.
An Expert asked for clarification of some general figures provided in the delegation's submission. It said that there were about 4 million Malians living abroad, and about 12 million Malians. She wanted to know if that meant there were 12 million altogether or if that 4 million were apart of the 12 million. Also, she wanted some general numbers about foreigners living in Mali.
Reading the report, it was unclear what services existed in Mali to address questions concerning migrant workers, one Expert noted.
Another Committee member wished to know if any cases had been brought in Mali involving a breach of the obligations under the treaty.
What was the status of the Convention in Malian law, an Expert asked. Was the Convention directly applicable in local courts? In that connection, what measures were being taken to ensure respect for the labour code?
Another Committee member asked if the delegation could provide a rough figure for the flow of migrants into the country to work, and how many people annually used it as a country of transit.
Response by the Delegation
DICKO FATOUMATA ABDOURHAMANE, Chief of the Legal and Normative Department of the Directorate of Labour at the Ministry of Civil Service, State Reform and Institutional Relations of Mali, said that confiscation of identity documents and other documents happened in cases where false information was given in routine checks. Expulsion was provided for if a residence permit was refused by the courts. Social Services could also decide if someone was to be refouled at the frontier.
Regarding collective expulsions, there had been no cases of collective expulsion in Mali and it was an unknown practice in the country. In that connection, it was important to stress that Mali was considered as a friendly, unifying force in the region. In its Constitution, Mali acknowledged the importance it attached to the realization of African unity. In view of that, it would be very difficult for Mali to undertake collective expulsions. In any case, there was no legal procedure in Mali to allow for such expulsions.
Regarding the remittance of wages to Mali, there was an agreement between the Government of Mali and investors in the mining sector. In such agreements the Central Bank of West Africa was the go-between, providing the mechanism for the transfer of earnings and savings.
Ms. Abdourhamane said that no measures had been undertaken to disseminate information to Malians abroad and migratory workers in Mali. However, she stressed that Mali had only recently become a party to the Convention and that such steps would be undertaken in the future.
Regarding family reunification, Act No. 04-058 of 25 November 2004 laid down the conditions for the residence of foreigners in Mali as well as for family reunification, in conformity with article 44 of the Convention. The delegation would place a copy of that law at the Committee's disposal.
Another member of the delegation said that to enter Mali, as with other countries, a passport or an alternative identity travel document was needed. An entry visa was also required. Migrants also had to have return tickets and health vaccination certificates. Those were the conditions for entering Mali. Concerning residence, there were additional requirements.
Concerning refoulement at the border, a member of the delegation said there were different conditions under which that were possible. It was possible for those who were not lawfully resident in the country, if there was a lack of resources on the part of a migrant worker who presented himself at the frontier, if someone did not present sufficient justification for their entry, or because of prior convictions. Refoulement could be effected in two ways: first, by means of a police escort, for those who are considered dangerous, and, for those at the frontier without visas, they could simply be put back on the plane.
The delegation believed that there were 4 million Malians living abroad. Of those, more than three quarters were living in Africa, 102,000 were living in Europe, 1,705 were living in the Americas, and 26,550 were living in Asia. There had never been a survey. The figures just cited were provided by diplomatic and consular missions which gathered them for voting purposes.
Regarding remittances, the delegation said it was fairly sure about the status of how that was effected in France. Malians living there sent about 120 billion CFA francs back to the country. In comparison with other resources, cotton and gold, it was still an important amount to generally improve the living conditions of the workers.
Malians abroad were governed by the Ministry of Foreign Affairs since independence. In 1991, however, the President realized the importance of the role played by the Malian diaspora played in the country. That was when he created the Ministry for Malians Abroad attached to the Ministry of Foreign Affairs, the delegation said. In 2002, there was a rearrangement and the ministries were restructured.
Regarding human trafficking, the phenomenon of trafficking in children was prevalent in Mali and of great concern to the Government, the delegation said. It had a negative impact on the mental health of the child, and consequently on the future development of the country. The phenomenon was a fact and one of the many aspects of poverty and underdevelopment, and it was not going to disappear overnight. They were making efforts, in particular at the Ministry of Labour, to combat that phenomenon. The Government, with the technical assistance of ILO, had set up a programme to address child labour. The programme addressed children in the agriculture sector, those working in the informal sector, the girl child and children working in mines. The programme has developed awareness raising programmes targeting children. One benefit was seen in the fact that since 1996 there had been an increase in school attendance. A sub regional project to prevent trafficking in children had also been launched. Unfortunately the scope and nature of the work children were doing in Mali was not known. The authorities were preparing a survey on the subject.
The Constitution provided for conventions and treaties ratified by the Government to take precedence over national legislation, the delegation said. Every Malian and all migrant workers had recourse to the Convention. In practice, however, it had to be enshrined in national law before they could take advantage of it. It was not enough to ratify the Convention for a provision in it to be applicable; it had to be referenced in a national law.
Malians living abroad had the right to vote for presidential elections only. Voting offices had not been established in all countries of the Malian diaspora, only those where there was a large Malian population, and where there was a consulate, was this the case. They also had to be properly registered as well on the electoral lists.
To say a word about polygamy, the practice was accepted in the country, the delegation affirmed. There were cases were a Malian had three or four wives. In such cases only one wife had full legal rights and there was no legal mechanism in place in Mali to rectify that. There was thus no way to guarantee protection for such persons who emigrated. The issue had been raised by the receiving countries, for example in the context of negotiating a bilateral agreement with France, and the Government was trying to deal with the issue.
To put things in larger context, it should be noted that Mali was a country of transit, with migratory flows from the Sub-Saharan region up to Egypt. Since the beginning of the new century, the flow had moved somewhat westwards towards Morocco. The African Union had taken up the issue and there was a high-level meeting on the subject planned to be held in Brussels in the autumn. It was often an entire village that subsidized a young person's migration to the north. Often these people did not want to come back because they could not pay back their debt. That was a problem that had to be tackled both by the countries in the North and in the South, the delegation commented.
The migratory flow into Mali was extremely difficult to measure given the length and permeability of its borders, the free circulation of goods in the West African Economic Community (ECOWAS) and the clandestine integration of nationals that were in the country, the delegation said. The only figures came from requests for issuance of travel documents, but those only showed migrants wishing to travel. The border police had no authority to expel foreigners present in the territory. However, the frontier police did have the power to refoule those wishing to enter the country. Expulsions were decreed by the Ministry for Internal Security on the basis of a court judgement against them.
In Mali there was an impression that immigration was being lumped together with terrorism. No attempt should be made to equate migration with terrorism, the delegation said. A civil service project had been started in Mali to overhaul the civil status system. One of the problems related to the whole situation in Western Africa. Mali belonged to the ECOWAS and AU systems and it was very difficult at times to separate these things out.
Preliminary Concluding Remarks
PRASAD KARIYAWASAM, Chairperson of the Committee, thanked the delegation for the report and said there had been a good dialogue between Committee members and the delegation. It augured well for the implementation of the Convention. He noted that the delegation brought substantial expertise, including four experts, to address the Committee.
Mali, traditionally, since the days of Timbuktu, had been a country of transit. There were several good measures that Mali had taken to implement the Convention. Alongside efforts to strengthen democratic institutions, it had set up a sound institutional framework to protect migrant workers and their rights under the Convention. Still, there was room for improvement in the area of implementation. He recognized that there might be contradictions between the treaty and national laws and customs, as was seen in the case of polygamy in the discussion today. Migrant rights and economic and trading rights also needed to be further elaborated and discussed at national and local levels. Another important issue was the availability of statistics. While he understood that was a difficulty many developing nations faced, however, it was not an excuse as statistics were key in tracking implementation of international obligations and he hoped Mali would work to improve in that area. He also called for technical cooperation to be provided for setting up and implementing the country’s obligations. He recognized that many Malians were working abroad. In that connection, he said that the adoption by Mali of the Convention made it that much easier to protect their rights and he stressed that the ratification of the Convention by the host countries for Malian workers would help to extend full rights to those people. The Committee looked forward to the submission of further information by the delegation on the implementation of its obligations under the Convention in the interim period before its next report.
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