Committee on Economic, Social and Cultural Rights

Initial report submitted by Mali under articles 16 and 17 of the Covenant, due in 1990 *

[Date received: 8 February 2018]

Contents

Page

I.Introduction3

II.General provisions of the Covenant3

A.Article 1: The right of self-determination3

B.Article 2: Realization of the rights recognized in the Covenant4

C.Article 3: Equality between men and women4

D.Article 6: The right to work5

E.Article 7: The right to enjoyment of just and favourable conditions of work6

F.Article 8: The right to form trade unions9

G.Article 9: The right to social security10

H.Article 10: Protection of the family18

I.Article 11: The right to an adequate standard of living25

J.Article 12: The right to health41

K.Article 13: The right to education and to the full development of the humanpersonality46

L.Article 15: The right to take part in cultural life53

Introduction

1.This document constitutes the initial report of Mali on the implementation of the International Covenant on Economic, Social and Cultural Rights (ICESCR), ratified by Mali by Ordinance No. 26/CMLN of 3 June 1974.

2.The report is submitted pursuant to articles 16 and 17 of the Covenant.

3.To make the application of its provisions more effective, the Covenant recommends that States Parties submit to the Secretary-General of the United Nations reports on the measures which they have adopted and the progress made in achieving the observance of the rights recognized therein.

4.The Government of Mali has accordingly prepared this initial report with a view to describing the progress made in the implementation of the International Covenant on Economic, Social and Cultural Rights, the constraints it faces and the future prospects.

5.In accordance with previous practice, this initial report has been prepared and adopted within the Interministerial Support Committee for the Preparation of Initial and Periodic Reports on the Implementation of International Conventions ratified by Mali (CIMERAP), with the participation of all stakeholders (State bodies, civil society). Covering the period from 1976 to 2012, it takes account of the guidelines on the preparation of reports on the implementation of international instruments ratified by Mali.

General provisions of the Covenant

Article 1: The right of self-determination

6.The history of Mali dates back to the Ghana Empire (third century AD), enriched by that of the Mali Empire from the eleventh century to the seventh century and the Songhai Empire. The French conquest of Sudan began around 1850 and culminated in the fall of Samori in 1898 and the start of colonization. French Sudan remained under French rule from 1898 to 1960. The establishment in Bamako in 1946 of the Pan-African party, the Sudanese Union of the Alliance for African Democracy (US-RDA), marked a decisive turning point in the journey of the French West African States towards independence. The French Constitution of October 1946 guaranteed political and social rights, including universal suffrage and the right to strike, and prohibited any form of discrimination. May 1958 saw the collapse of the French Fourth Republic and the return to power of General de Gaulle. Work began immediately on drawing up a new Constitution. Among the overseas territories, already semi-autonomous, a debate took place between supporters of immediate independence; supporters of a confederation of independent states composed of France and a group of African States with a federal executive (Léopold Sedar Senghor, Sékou Touré); and supporters of a federal-type community with unequal relations between France and African members enjoying internal self-government (Félix Houphouët Boigny). De Gaulle ruled in favour of the latter: any independent State would cease to belong to the Community.

7.This ran counter to a strong African current in favour of independence and association with France. It was for those concerned to choose in a referendum: to vote ‘no’ meant independence with secession as its corollary, “the territory then being regarded as foreign”. De Gaulle undertook a journey to French Africa to rally all the territories to join the proposed Community. All did so with one exception, namely Guinea. So it was that in November 1958 the Territorial Assembly proclaimed the Republic of the Sudan a member of the French Community created by the Gaullist Constitution of 1958.

8.On 20 June 1960, the independence of the Sudan and Senegal was proclaimed within the framework of a federation called Mali. Following the break-up of the Federation of Mali (19–20 August 1960), the US-RDA party proclaimed the independence of Mali on 22 September 1960 and opted for the path of socialist development. The country became a member of the United Nations Organization a few days later.

9.It should also be noted that one of the constant principles of Malian diplomacy has been and remains the unwavering support for peoples fighting for their independence.

Article 2: Realization of the rights recognized in the Covenant

10.Since 1997 the Government of Mali has made clear its firm commitment to making the struggle against poverty its main development priority. This political commitment, which was reflected in the drafting in July 1998 of the National Poverty Reduction Strategy (SNLP), corresponded to a twofold requirement: firstly, to make the development efforts more effective for the benefit of the poor; and, secondly, to take appropriate measures in the short and medium term to enable the Government to make rational and effective use of internal and external resources.

11.The National Poverty Reduction Strategy was the subject of a round table meeting of Mali’s development partners, which took place in September 1998 in Geneva. Most of Mali’s bilateral and multilateral partners participated in this meeting, which adopted the proposed strategy. Since then, it has been the main frame of reference for the intervention of the development partners in Mali. For the purpose of monitoring implementation of the Strategy, a joint government/partners commission was set up to ensure that the resources were mobilized more effectively and were distributed to best effect between the different sectors.

12.The Strategy has eight main thrusts covering the whole range of concerns relating to the satisfaction of fundamental human needs.

13.So, whether with respect to international cooperation or regional cooperation, the continued improvement in people’s living standards is central to the preoccupations of the Malian Government.

14.In the framework of the West African Economic and Monetary Union (UEMOA) and the Economic Community of West African States (ECOWAS), Mali’s efforts to create a common market strengthened by common sectoral policies are focused essentially on expanding the access of our people to more decent living conditions. The role played by Mali from 1999 to 2001 in accelerating the process of integration in West Africa is eloquent in this regard.

Article 3: Equality between men and women

15.With regard to the implementation of article 3 of the Covenant, articles 1 to 21 of the Malian Constitution affirm very clearly the principle of equality and non-discrimination and accordingly guarantee to men and women equal rights and individual freedoms with respect to freedom of thought, conscience, religion, worship, opinion, expression and creation; freedom of movement, residence, association, assembly, procession and demonstration; freedom of artistic creation and culture; the right to property; freedom of enterprise; the right to education, training, housing, leisure, health and social security; the right to work and rest; freedom of association; and the right to strike.

16.The Government of Mali has also adopted a National Gender Policy aimed at:

•Gender mainstreaming in national development policies and programmes;

•Consolidation of democracy and the rule of law through equal access to and full exercise of fundamental rights;

•Integration of women in production processes and equal access to employment and factors of production;

•Equal participation in decision-making bodies;

•Promotion of egalitarian values and behaviours within society;

•Gender mainstreaming in programmes, projects, policies and public reforms, and its reflection in budgets.

17.The major obstacle remains sociocultural pressures, which perpetuate discrimination against women despite the existence of policies and laws aimed at improving their status and protecting them against discrimination.

18.It should also be pointed out that Act No. 2011-087 of 30 December 2011 on the Personal and Family Code enshrines the principle of the equality of men and women regarding the preservation of nationality by stipulating in article 224:

“The following are Malian whether born in Mali or abroad:

•A legitimate child born of a Malian father and mother;

•A legitimate child born of a Malian father or mother whose other parent is stateless or of unknown nationality;

•Illegitimate children, when the parent to whom filiation was established first is Malian;

•Illegitimate children, when the parent to whom filiation was established second is Malian, if the other parent is stateless or of unknown nationality;

•A child born of a Malian father or mother one of whose parents is a foreigner, unless the child repudiates Malian nationality within six months of reaching adulthood, in accordance with articles 255 and 256 of this Code.”

Article 6: The right to work

19.On 2 March 1964, Mali ratified ILO Discrimination (Employment and Occupation) Convention, 1958 (No. 111). Furthermore, the general provisions of Act No. 92-020 of 23 September 1992 (Labour Code) concerning Malian legislation in the field of labour and employment guarantee the right to work.

20.In particular, article 11 of the Labour Code states that “this law is applicable to workers pursuing their professional activity throughout the Republic of Mali. Any person who is engaged in a professional activity for remuneration, under the direction and authority of another natural or legal person, public or private entity, secular or religious, called employer is regarded as a worker, regardless of sex or nationality”.

21.The Code is being reviewed by the Ministry of Labour before being submitted to the Government and the National Assembly.

Labour tribunals

22.Labour tribunals adjudicate disputes between workers and their employer, or disputes relating to collective agreements.

23.The tribunals are composed of a president and two assessors, one a representative of the workers and the other of the employers.

Employment situation

24.There has been a marked growth in the demand for jobs and a small increase in employment opportunities. Male employment is stagnating, while female employment is increasing sharply (11 per cent per annum).

25.Measures adopted by Mali have included two policies to promote employment, namely the National Employment Policy and its Action Plan (1999) and the National Vocational Training Policy (2009).

26.Furthermore, the Ten-Year Vocational Training Development Programme (PRODEFPE) is in the process of being drawn up and implemented. In addition, the National Employment and Vocational Training Observatory (ONEF) has been set up, replacing the Department of the Observatory for Employment and Vocational Training (DOEF) coming under the State Employment Agency (ANPE) and in existence since 1997, which was established at the same time as the Programme for the Consolidation of Vocational Training in Mali.

Unemployment

27.Unemployment situation: 31.3 per cent of female unemployment in 2008 and 13.2 per cent of male unemployment, i.e. a total of 76,000.

28.Level of unemployment: the unemployment rate was 23.3 per cent in 2008. It affects young workers more.

29.Trends in unemployment: decline in unemployment among women.

Underemployment

30.Underemployment situation: it affects women more.

31.Level of underemployment: it affects 11.3 per cent of the working population.

32.Trends in underemployment: it is in marked decline.

33.Policies and measures adopted to ensure that there is work for those who are available and seeking work:

•Establishment of a new body in 2003, namely the Agency for the Promotion of Youth Employment (APEJ), in addition to existing technical services in the area of employment and vocational training, such as the National Employment Agency (ANPE) and the Observatory for Employment and Vocational Training; APEJ became operational in 2005;

•Implementation of skills training courses (2000 volunteers recruited in 2005 for a period of one year and the contract was renewed in 2006 for an additional year);

•Worker training and investment in production tools by the National Employment Agency to ensure that work is productive;

•Vocational Training and Apprenticeship Support Fund (FAFPA).

34.There are no distinctions, exclusions, restrictions or preferences in our national legislation on employment or occupation.

35.There is no discrimination based on race, colour, religion or nationality in the area of vocational training and employment in Mali However, there are specific training programmes for women and vulnerable groups (see the report to the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW/C/MLI/1)).

Article 7: The right to enjoyment of just and favourable conditions of work

36.Mali has ratified:

•ILO Equal Remuneration Convention, 1951 (No. 100);

•ILO Weekly Rest (Industry) Convention, 1921 (No. 14);

•ILO Labour Inspection Convention, 1947 (No. 81).

37.Collective bargaining agreements are also a means of wage setting.

38.There is no inequality in remuneration for work of equal value in Mali.

Equal pay

39.Article L.95 of the Labour Code establishes the principle of equal remuneration between men and women for work of equal value.

40.However, while equality in the workplace is enshrined in law, it is a goal that has yet to be achieved since many factors contribute to gender inequality, such as access to school, segregation by sex at work, access to employment, career interruptions and delays and entrenched gender biases in our societies.

41.In the follow-up to the International Labour Organization (ILO) Declaration on Fundamental Principles and Rights at Work, the International Labour Office held a seminar on equal pay for men and women. It concluded that, in practice, inequality is due to the following factors. In the modern sector, the key problem is that of female employment. According to the survey by the Observatory for Employment and Vocational Training, women represent some 16 per cent of the total workforce. At the same time, women employees earn 15 per cent less than men. This gap is wholly due to differences in the posts they occupy: women rarely attain managerial positions nor the top salaries they command. They are often found in less advantageous enterprises.

42.In the civil service, the average pay gap is of the order of 30 per cent. Once again, there is no wage discrimination as such.

43.The significant difference in the average wage is wholly due to structural effects: while they represent one quarter of the civil service workforce, women account for only 10 per cent of category A executives.

44.A study of equal pay leads to the conclusion that the main problem in achieving equality in the workplace between men and women in the modern sector, whether private or public, is that of women’s access to salaried employment and, for those who have been successful in this regard, of being able to pursue an attractive professional career.

45.The main factors contributing to this situation are the very limited growth in school enrolment rates for girls and the difficulties faced by women employees in gaining access to continuing education.

46.Following the workshop on equal pay, a national action plan on the promotion of equal pay has been drawn up. To implement the plan, the Government and the social partners of Mali are benefiting from the support of ILO and the French Ministry of Labour, Employment and Social Dialogue in the context of the follow-up to the ILO Declaration on Fundamental Principles and Rights at Work.

The right to work and to rest — The practical application of article 19 of the Constitution of Mali

47.Article 19 affirms the universal principle of the right to work and to rest and prohibits forced or compulsory labour. This provision is reiterated in article L.6 of the Labour Code on the prohibition of forced labour.

48.It should be recalled that Mali has ratified two ILO core conventions: the Forced or Compulsory Labour Convention, 1930 (No. 29), ratified on 22 September 1960, and the Abolition of Forced Labour Convention, 1957 (No. 105), ratified on 28 May 1962.

Limitation of working hours

49.Under article L.4 of the Labour Code, the right to work and training is recognized for all citizens. Workers have a right to express an opinion on the content, conditions for performing and organization of work.

50.The duration of work may not in principle exceed 40 hours a week. However, in farms, working hours are set at 2,352 hours per year and an ordinance of the Minister of Labour establishes weekly hours depending on the season.

51.A weekly rest period is mandatory. It must be for twenty-four consecutive hours. It should take place in principle on Sunday (article L.42 of the Labour Code). It can never be replaced by monetary compensation.

52.The worker is entitled to leave following twelve months of service. Assessment of a worker’s right to leave is based on a reference period that extends from the date of his or her recruitment or return from the previous leave to the last day preceding his or her departure for a new leave.

Prohibition of forced or compulsory labour

53.In accordance with article L.6 of the Labour Code, forced or compulsory labour is formally prohibited.

54.Forced or compulsory labour means any work or service imposed on an individual under the threat of punishment of any kind or for which he or she has not volunteered. However, the term “forced or compulsory labour” does not include:

•Any work or service imposed pursuant to the laws on compulsory military service performed in an exclusively military context;

•Any work of public interest imposed under legislative provisions on the organization of defence, establishment of a national service or participation in development;

•Any work or service imposed in cases of emergency;

•Any work decided by the local community as a whole involving tasks of direct interest to it;

•Any work or service imposed on a person as a consequence of a conviction in a court of law, provided that the said work or service is carried out under the supervision of the public authorities, that it is dedicated to tasks of public interest and that the said person is not placed at the disposal of individuals, companies or private legal entities.

55.Article L.314 of the Labour Code prescribes a fine of CFAF 20,000 to CFAF 100,000 and a term of imprisonment of 15 days to 6 months, or one of these penalties only, for violations of the provisions of article L.6. In the case of a repeat offence, the fine is from CFAF 40,000 to CFAF 200,000 and the term of imprisonment from 1 to 12 months.

56.Public corporations may be liable in law when it is formally established that they have illegally subjected any individual to forced labour.

57.Under conditions other than those listed in the Labour Code, the victim can obtain redress before the criminal court for harm caused by the act of a private individual.

58.However, difficulties remain in the coverage and reimbursement by the National Social Insurance Institute (INPS) of the costs of care for mothers in childbirth when such care is provided in public hospitals or private clinics.

Safe and healthy working conditions

59.This matter is discussed in section 2 of Book 3 of the Social Insurance Code. In practice, the National Social Insurance Institute organizes awareness campaigns, seminars, workshops and training sessions every year for employers and their workers.

60.In addition, the Institute always arranges for them:

•Information, education and communication programmes;

•Regular events, including zero-accident competitions and competitions to single out the most active health and safety committee;

•Programmes to mark African Day for the Prevention of Occupational Risks on 30 April annually;

•Company visits;

•Company inspections and audit of working conditions;

•Medical examinations of workers;

•Activities to promote hygiene in the workplace and among workers’ families.

Social security and social insurance

61.These rights are recognized in article 2 of Book 1 of the Social Insurance Code, which is consistent with article 1 of the General Provisions of the Labour Code.

62.In practice, it should be recognized that only formal sector workers are covered by social welfare schemes. Efforts to extend social coverage to the other layers of society are ongoing.

63.The Institute faces some difficulties with regard to social coverage of the informal sector. However, efforts are being made to extend such coverage to self-employed professionals. Act No. 99/-047 of 28 December 1999 establishing voluntary coverage under some Institute schemes is not yet applicable due to the lack of an implementing decree.

Article 8: The right to form trade unions

64.Mali has ratified:

•ILO Freedom of Association and Protection of the Right to Organize Convention, 1948 (No. 87);

•ILO Right to Organize and Collective Bargaining Convention, 1949 (No. 98);

•ILO Labour Relations (Public Service) Convention, 1978 (No. 151).

Trade union freedom in Mali. The right to form and join trade unions

65.Freedom of association in Mali is enshrined in the Constitution of 25 February 1992, the Labour Code and international conventions ratified by Mali (ILO Conventions Nos. 87 and 98).

66.Article 20 of the Constitution of 25 February 1992 provides: “Freedom of association is guaranteed. Trade unions function freely and without restrictions other than those prescribed by law.”

67.According to article L.232 of Act No. 92-020 of 23 September 1992 on the Labour Code, the sole purpose of trade unions is to study and defend the economic, social and moral interests of workers.

68.The founders of a trade union must deposit the union’s statutes and the names of those who, in one capacity or another, are responsible for its administration or management. This should take place at the seat of the administrative district where the union is located. A copy of the statutes is sent to the Labour Inspectorate and to the Public Prosecutor, who checks the legality of the document and transmits his conclusions to the union concerned, the head of the administrative district and the Labour Inspector.

The right of trade unions to operate freely

69.Pursuant to article 1 of ILO Convention No. 98 on the right to organize and collective bargaining and article L.257 of Act No. 92-020 of 23 September 1992 on the Labour Code, an employer is forbidden from taking into account opinions or membership of a trade union when making decisions concerning, in particular, recruitment, management and assignment of work, vocational training, promotion, remuneration, granting of social benefits, disciplinary measures and dismissal.

70.Also, under article L.247 of the Labour Code, any clause in a contract, agreement or understanding whereby use of the trade union mark by an employer carries with it the obligation to employ exclusively or maintain in his or her service exclusively the members of the trade union that is the owner of the mark or labels used by the employer shall be null and void.

71.The establishment of trade-union committees and staff delegates ensures respect for the right to organize stipulated in article L.256 of the Labour Code.

72.The authorization of the labour inspector is required prior to any dismissal of a staff representative, trade union delegate or member of the health and safety committee.

73.Labour inspectors must ensure application of the Constitution, the Labour Code and Conventions Nos. 97 and 98 on freedom of association.

74.In the case of interference in trade union elections by the administrative authority, a report must be sent to the courts for the application of penalties.

75.There are four trade unions in Mali: the National Workers’ Union of Mali (UNTM) and the Workers’ Trade Union Confederation of Mali (CSTM), each with autonomous affiliated trade unions; and the Malian Labour Confederation (CMT) and Malian Workers Democratic Affiliation (CDTM).

76.The right to strike is recognised by the Constitution of Mali and by the Labour Code.

Article 9: The right to social security

77.The branches of social security existing in Mali are:

•Medical care (compulsory health insurance, medical assistance scheme, mutual health insurance);

•Old-age benefits;

•Maternity benefits;

•Employment injury and work-related benefits;

•Family benefits;

•Invalidity and survivors’ benefits.

78.Social security in Mali covers all branches of ILO Social Security (Minimum Standards) Convention (No. 102) with the exception of unemployment.

79.Management of these branches is the responsibility of the Malian Social Security Fund, the National Health Insurance Fund and the National Social Insurance Institute.

80.The Institute manages two social insurance systems that differ in their personal scope They are:

•The general regime applicable to workers subject to the Labour Code. It covers the above-mentioned branches. It excludes civil servants, magistrates, members of the armed forces, self-employed workers, non-salaried members of the liberal, industrial, trade and craft professions;

•The voluntary insurance branch, which applies to non-salaried members of the liberal, industrial, commercial and artisanal as well as independent workers. It covers family allowances, protection against disease and old-age, disability and survivors’ insurance schemes. It excludes civil servants, magistrates, members of the armed forces and salaried workers.

Main features, comprehensiveness of the coverage, nature and level of benefits, method of financing the branches of social security in Mali

81.Qualifying conditions for family benefits are as follows:

•Start-up allowance: be formally married at a registry office;

•Family allowances: child younger than age 14 (age 18 if an apprentice, age 21 if a student or invalid) The insured parent must be receiving a retirement, disability or survivors’ benefit or must have been employed for 9 consecutive months and work at least 18 days per month. Reside in Mali (except in the case of agreements or convention);

•Maternity leave: child born alive.

82.Family benefits are financed by the contributions of voluntarily insured persons on the basis of 8 per cent of the amount of the contributions according to the tax base of the income group to which the voluntarily insured person belongs.

Income groups	Quarterly incomes	Tax bases
Group 1	Less than CFAF 150 000	CFAF 125 000
Group 2	CFAF 150 000 to CFAF 450 000	CFAF 400 000
Group 3	CFAF 450 000 to CFAF 750 000	CFAF 675 000
Group 4	CFAF 750 000 to CFAF 1 500 000	CFAF 900 000
Group 5	Over CFAF 1 500 000	CFAF 1 000 000

83.The benefits paid are:

•Prenatal allowance, paid in three instalments:

•1st instalment before the end of the third month of pregnancy: CFAF 1,830;

•2nd instalment towards the 6th month of pregnancy: CFAF 3,660;

•3rd instalment towards the 8th month of pregnancy: CFAF 2,745;

•Maternity benefits are paid in three instalments:

•1st instalment (at birth): CFAF 5,490;

•2nd instalment when the child is age 6 months: CFAF 2,745;

•3rd instalment when the child is age 1: CFAF 2,745;

•Daily allowances for pregnant female workers.

84.The allowance is equal to the full amount, without limitation, of the pay actually received at the time when the employment contract was suspended. It is granted for the maternity leave period of 14 weeks. It is payable for the prenatal and postnatal rest period.

85.The branch is financed by employer contributions of 8 per cent of payroll.

Voluntary insurance

86.The legislative texts in force are: Act No. 99-047 of 28 December 1999 introducing voluntary insurance in certain National Social Insurance Institutes; Decree No. 03 -110/P-RM of 20 March 2003 on the review of family benefits paid by the National Social Insurance Institute; Decree No. 04 -567/P-RM of 8 December 1999 introducing voluntary insurance in certain National Social Insurance Institute schemes.

The benefits paid are:

87.Cash benefits:

•Prenatal benefits: CFAF 8,235;

•Maternity benefits: CFAF 10,980.

Protection and assistance for working mothers

88.With reference to legislation, articles 28 to 32 of section 5 of Book 2 of the Social Insurance Code deal with this question.

Qualifying conditions for maternity benefits

89.Cash maternity benefits. In all cases, a voluntarily insured person must have completed at least two quarterly periods of insurance.

90.Prenatal allowances:

•Must be a voluntarily insured person or the spouse of a voluntarily insured person;

•Must have submitted a pregnancy declaration accompanied by a medical certificate of pregnancy to the National Social Insurance Institute;

•Must have undergone the following three medical examinations:

•The 1st before the end of the 3rd month of pregnancy;

•The 2nd towards the 6th month of pregnancy;

•The 3rd towards the 8th month of pregnancy.

91.Maternity allowances:

•Must be a voluntarily insured person or the spouse of a voluntarily insured person;

•Must undergo medical supervision of the childbirth and medical monitoring of the infant;

•Must give birth under medical supervision to a child born viable and declared to the civil registry.

92.In the event of a multiple birth, each birth is regarded as a separate parenthood.

93.All medical examinations must be recorded by a doctor in the pregnancy and maternity logbook issued by the National Social Insurance Institute. The declaration of birth in the civil registry must be supported by a birth certificate issued by the administrative authorities.

Compensation for and prevention of occupational accidents and diseases

General scheme

94.The legislative texts in force are Act No. 99-041 of 12 August 1999 on the Social Insurance Code in the Republic of Mali, and Decree No. 03 -110/P-RM of 20 March 2003 on the review of family benefits paid by the National Social Insurance Institute.

Scope

95. It concerns:

•Employees;

•Members of cooperative societies, production workers and self-employed managers of cooperatives and their employees;

•Managers of a limited liability company when the statutes provide that they are appointed for a limited duration;

•The chief executive officers of public limited companies;

•Apprentices;

•Students in technical education facilities and persons in training, rehabilitation or vocational re-education centres;

•Prisoners serving a criminal sentence;

•The right to take out voluntary insurance is granted to any person who so requests.

Temporary disability cash benefits for insured workers

96.The benefits provided are: temporary disability benefits (or daily subsistence allowances): 100 per cent of salary. Paid from the day after the cessation of work as a result of the accident, throughout the period of inability to work until, either complete recovery, consolidation of the injury or death, as well as periods of relapse or worsening of the person’s condition. The daily subsistence allowance is equal to:

•1/30 of the wage for the calendar month of work preceding the accident, in the case of employees paid monthly or fortnightly;

•1/28 of the wage for the last two fortnightly periods of work, in the case of workers paid fortnightly;

•1/28 of the wage for the last four weeks of work, in the case of workers paid weekly;

•1/30 of the wage for the hours of work of an intermittent day labourer multiplied by the monthly working time in the enterprise.

Permanent disability benefits for insured workers

97.Partial disability: average monthly salary multiplied by the degree of disability previously reduced by half for each degree of disability between 10 per cent and 50 per cent and increased by half for each degree of difficulty in excess of 50 per cent.

98.Total permanent disability: the pension calculated on the basis of partial disability is increased by 40 per cent.

99.The annual salary serving as the basis for calculating the permanent disability pension includes the total remuneration received during the year, established on the same basis as the daily subsistence allowance: the salary for the calendar month preceding the accident for the worker paid monthly, the salary for the last two fortnights for the employee paid fortnightly and the salary for the last four weeks for the employee paid weekly.

100.Medical benefits for insured workers: medical and surgical care, hospitalization, medication, prosthetic and orthopaedic appliances, transport, functional rehabilitation, occupational rehabilitation.

Survivors’ benefits for dependants

101.Spousal benefit: 30 per cent of the victim’s annual salary. In the case of multiple widows, the life annuity is shared equally between them.

102.Orphans’ pension: 15 per cent of the victim’s annual salary if there is only one dependent child; 30 per cent if there are two. 40 per cent if there are three and so on; the pension is increased by 10 per cent for each dependent child as from the third child.

103.The orphans’ pension may be increased to 20 per cent of the victim’s annual salary for each child who has lost both parents or in the case of the death of the surviving spouse after the accident.

104.Pension for ascendants: 10 per cent of the victim’s annual salary to each of the ascendants to a maximum of 30 per cent.

105.Maximum survivors’ benefits: 58 per cent of the victim’s annual salary.

Ceiling on the base salary used to calculate the benefit payable to compensate for a fatal accident or one entailing a reduced capacity of at least 10 per cent

106.Ten times the guaranteed minimum annual inter-professional wage (SMIG). If the wage is higher than this amount, the surplus counts for only 1/3. No account is taken of the amount exceeding 28 times the annual minimum wage. Funeral benefit: 1/4 of the guaranteed minimum annual inter-professional wage.

107.The branch is funded through employer contributions ranging from 1 to 4 per cent according to the nature of the employer’s activity.

108.The Government contributes as an employer.

Retirement, disability and survivors’ benefits

General scheme

109.The laws in force are Act No. 99-04 of 12 August 1999 on the Social Insurance Code of the Republic of Mali, and Act No. 03-036 of 30 December 2003 amending the Social Insurance Code (on raising the retirement age).

Cash benefits

110.The benefits paid are:

•Retirement pension: the monthly amount of the retirement pension is equal to 26 per cent of the average monthly salary over the last 8 years before termination of the activity. If the total number of months or credited months of insurance exceeds 156 months, the pension is increased by 2 per cent of the average wage for each period or credited period of insurance of 12 months beyond 156 months. The retirement pension cannot be calculated on an average annual salary lower than the guaranteed annual minimum inter-professional wage (SMIG) multiplied by 2. Family allowances are maintained for retirement pension holders. There is no ceiling on the average wage serving as the basis for calculating the pension;

•Early retirement pension: calculated in the same way as the old-age pension with a deduction of 5 per cent for each year of early retirement;

•Income support allowance: 52 per cent of the statutory minimum wage.

Permanent disability benefits for insured workers

111.Invalidity pension: the monthly amount of the invalidity pension is equal to 26 per cent of the average monthly salary of the last 8 years before the termination of service. If the total number of months or credited months of insurance exceeds 156 months, the pension is increased by 2 per cent of the average wage for each period or credited period of insurance of 12 months beyond 156 months. The years between the age of fifty and the effective age of disability, at the date when the pension takes effect, are regarded as periods of insurance for six months per year. The disability pension cannot be calculated on an average annual salary lower than the guaranteed annual minimum inter-professional wage (SMIG) multiplied by 2. Family allowances are maintained for pension holders. There is no ceiling for the average wage used to calculate the pension.

Survivors’ benefits for dependants

112.The benefits paid are:

•Survivors’ benefit: it is calculated as a percentage of the retirement, invalidity or early retirement pension to which the insured person was or would have been entitled at the time of his or her death;

•Widow/widower’s pension: 50 per cent for the widow/widower. Where there is more than one widow, the amount is shared equally between them;

•Orphans’ pension: 10 per cent for each orphan, without the total exceeding 50 per cent of the pension to which the insured person was or would have been entitled. If the number of orphaned children exceeds five, the amount is shared among children in equal parts;

•Survivors’ benefit: lump sum, in the form of a one-time payment, equal to the retirement pension to which the insured person would have been entitled on the basis of 156 months’ insurance. Each monthly payment is equal to six months of insurance at the time of death.

113.The eligibility criteria are:

•Retirement pension: 58 years of age (53 if found unfit for work), with at least 13 years of actual or credited contributions. Termination of any remunerated activity;

•Early retirement: from 53 years of age, with at least 13 years of actual or credited contributions. Termination of any remunerated activity;

•Income support allowance: 53 years of age, with at least 6 years of insurance, does not satisfy the conditions for entitlement to a retirement pension;

•Disability pension: 8 years of insurance. Suffering from a disability making the insured person unable to earn more than one third of the income that a worker with the same training could acquire through his or her work. The disability pension may be reviewed when the beneficiary recovers part of his or her physical or mental faculties so as to enable him or her to engage in remunerated activities. It is discontinued at the age of 53 to be replaced by a retirement pension without deduction;

•Survivors’ pension: the deceased was a pensioner or fulfilled the conditions for entitlement to a pension. The widower or widow must have been married for at least two years before the death of the insured person. The dependent child must be under the age of 14; the age limit of the child is increased to 18 years if he or she is apprenticed and to 21 years if he or she is a student or invalid;

•Income support allowance: the insured person had less than 13 years of insurance at the time of death.

114.The foreign worker whose country has signed reciprocal agreements with Mali may receive a retirement benefit proportional to his or her contributions.

115.The branch is financed by the contributions of employers (5.4 per cent) and workers (3.6 per cent).

Voluntary insurance

116.The legislative texts in force are: Act No. 99-047 of 28 December 1999 introducing voluntary insurance under some INPS social insurance regimes and Decree No. 04567/P-RM of 8 December 2004 on the implementation procedure for Act No. 99-047 of 28 December 1999 introducing voluntary insurance under some INPS social insurance schemes.

Cash benefits

117.The benefits paid are:

•Retirement pension: the monthly amount of the retirement pension is equal to 30 per cent of the average quarterly income. If the total months of insurance exceeds 60 quarters, the percentage is increased by 2 per cent of the average quarterly income for each year of insurance beyond 60 quarters. The retirement pension may not be less than 30 per cent of the income serving as the basis for calculating the contributions of the income group to which the voluntarily insured person belongs. The ceiling on the average salary serving as the basis for calculating the pension depends on the income group to which the voluntarily insured person belongs (see table of contributions);

•Early retirement pension: calculated in the same way as the retirement pension with a deduction of 5 per cent for each year of early retirement;

•Solidarity allowance: 30 per cent of the income serving as the basis for calculating the contributions of the income group to which the voluntarily insured person belongs.

Permanent disability benefits

118.Disability pension: the monthly amount of the disability pension is equal to 30 per cent of the average quarterly income. If the total number of months of insurance exceeds 60 quarters, the percentage is increased by 2 per cent of the average quarterly income for each year of coverage beyond 60 quarters. The retirement pension may not be less than 30 per cent of the income serving as a basis for calculating the contributions applicable to the income group to which the voluntarily insured person belongs.

Survivors’ benefits for dependants

119.The benefits paid are:

•Survivors’ pension: it is calculated as a percentage of the retirement, disability or early retirement benefit to which the insured person was or would have been entitled at the time of his or her death;

•Widow/widower’s pension: 50 per cent for the widow/widower. Where there is more than one widow, the amount is shared equally between them;

•Orphans’ pension: 10 per cent for each orphan, without the total exceeding 50 per cent of the pension to which the insuree was or would have been entitled. If the number of orphans exceeds five, the amount is shared equally among the children; The amount of the orphans’ pension cannot be lower than for family allowances;

•Survivors’ benefit: a lump sum, paid in a single instalment, equal to the retirement pension to which the voluntarily insured person would have been entitled after 40 quarters; each quarter of insurance counting for double. The distribution between survivors is made in the same way as for the survivors’ pension.

120.The eligibility criteria are:

•Retirement pension: 60 years of age, with at least 15 years of effective contributions. Termination of any remunerated activity;

•Early retirement: from 55 years of age;

•Income support allowance: 60 years of age, with at least ten years of insurance, does not satisfy the conditions for entitlement to a retirement pension;

•Disability pension: 10 years of insurance. Suffering from a disability making the insured person unable to earn more than a third of the income declared to the INPS. The disability pension may be reviewed when the beneficiary recovers part of his or her physical or mental faculties enabling him or her to engage in remunerated activity. It is discontinued at the age of 55 to be replaced by a retirement pension;

•Survivors’ benefit: the deceased was a pensioner or fulfilled the conditions for entitlement to the pension. The widower or widow must have been married for at least two years before the death of the voluntarily insured person. The child must be the dependant of the voluntarily insured person at the time of his or her death and registered in the civil registry;

•Income support allowance: the insured person must have less than 15 years’ insurance at the time of death.

121.The branch is financed by contributions — 9 per cent of the flat-rate income of the group to which the voluntarily insured person belongs, in accordance with the following table:

Groups	Quarterly incomes	Tax bases
Group 1	Less than CFAF 150 000	CFAF 125 000
Group 2	CFAF 150 000 to CFAF 450 000	CFAF 400 000
Group 3	CFAF 450 000 to CFAF 750 000	CFAF 675 000
Group 4	CFAF 750 000 to CFAF 1 500 000	CFAF 900 000
Group 5	Over CFAF 1 500 000	CFAF 1 000 000

Sickness benefits

General scheme

122.The law in force is Act No. 99-041 of 12 August 1999 on the Social Insurance Code in the Republic of Mali.

Medical benefits for insured persons

123.The benefits paid are:

•The insured female employee receives the necessary medical care during pregnancy and childbirth (health and social welfare);

•The insured worker receives medical care in INPS health centres (protection against disease, health and social welfare).

Medical benefits for dependants

124.The benefits paid are:

•The wife of an affiliated employee receives the necessary medical care during pregnancy and childbirth (health and social welfare);

•The spouse of an insured employee as well as the dependent child receive medical care in INPS health centres (sickness coverage, health and social welfare).

125.There are no cash sickness benefits.

126.Compensation of the sick worker is paid by the employer, in accordance with the Labour Code.

127.Eligibility: to be eligible for medical care an employee must be affiliated to the INPS or be the beneficiary of an employee affiliated to the INPS.

128.The branch is financed by employers’ contributions: 2 per cent.

Voluntary insurance

129.The legislation in force is Act No. 99-047 of 28 December 1999 introducing voluntary insurance in certain INPS social insurance schemes.

Medical benefits for voluntarily insured persons

130.The voluntarily insured woman receives the necessary medical care during pregnancy and childbirth (health and social measures).

Medical benefits for dependants

131. The benefits paid are:

•The wife of a voluntarily insured person receives the necessary medical care during pregnancy and childbirth (health and social welfare);

•The spouse of a voluntarily insured person as well as the dependent child receives medical care in INPS health centres (sickness coverage, health and social welfare) There are no cash sickness benefits.

132.Eligibility: the qualification for receiving medical care is to be a voluntarily insured person or the dependant of a voluntarily insured person.

133.The branch is funded by the contributions of the voluntarily insured person.

134.These are payable at a rate of 2 per cent of the flat-rate income of the group to which the voluntarily insured person belongs, in accordance with the following table:

Groups	Quarterly incomes	Tax bases
Group 1	Less than CFAF 150 000	CFAF 125 000
Group 2	CFAF 150 000 to CFAF 450 000	CFAF 400 000
Group 3	CFAF 450 000 to CFAF 750 000	CFAF 675 000
Group 4	CFAF 750 000 to CFAF 1 500 000	CFAF 900 000
Group 5	Over CFAF 1 500 000	CFAF 1 000 000

Health and social welfare

135.Health and social welfare are funded through a levy on the contributions of the preceding branches, both for the general scheme and the voluntary insurance.

136.The welfare measures apply to families and to insured persons.

Groups that do not enjoy the right to social security or are significantly disadvantaged compared with the majority of the population

137.Unemployed persons are the main group excluded from the social security system.

138.The Government has taken measures on behalf of groups that are disadvantaged or excluded from the social security system through its strategic framework to combat poverty and exclusion.

139.The National Social Insurance Institute is notable for the provision of free treatment in its health care facilities, including free consultations, free paraclinical monitoring examinations and free emergency care, all within the limits of its resources.

Article 10: Protection of the family

140.Mali has acceded to:

•The International Covenant on Civil and Political Rights, 16 July 1974;

•The Convention on the Rights of the Child, ratified on 20 September 1990;

•The Convention on the Elimination of All Forms of Discrimination against Women, ratified on 10 September 1985;

•ILO Minimum Age Convention, 1973 (No. 138), ratified on 11 March 2002.

141.In addition, Act No. 2011-080 on the Personal and Family Code was adopted on 30 December 2011.

142.Regardless of ethnic group or social background, the Malian family can be defined as a group of persons who acknowledge themselves as having a common ancestor. Such a family may comprise several dozen people living together in the same concession, or communal residence.

143.In Mali, “family” refers to a “household”, i.e. a group of persons who live in the same dwelling unit, share their resources and communal expenses and recognise the authority of a head of household or family.

144.Kinship [parenté] results from a blood relationship, marriage or adoption. Article 16 of the Kinship Code states that persons bound by kinship form the social family, which may be made up of one or more conjugal families comprising a father, a mother and their children.

145.The process of family law reform, begun in 1996, led to the adoption in December 2011 by the National Assembly of Mali of Act No. 2011-080 of 30 December 2011 on the Personal and Family Code.

146.Family authority is characterized by the unity of the family and by mutual respect and solidarity among the family members. The parents are responsible for a child’s education throughout its minority. They decide on the child’s upbringing and schooling, and sometimes on the occupation it is to take up. Parental authority involves the right to care for, guide and watch over the child.

147.The family, whether traditional or modern, constitutes the child’s first level of education and socialization. It provides the child with protection and security from birth. The family is not only a social necessity but also a legal entity, even if family life lies very largely in the extralegal sphere, being more a matter of customs and habits.

148.Article 2 of the Child Protection Code provides that “‘Child’ means any human being who is aged less than 18 years and has not attained the age of majority by special provision”.

Recruitment into the army

149.The armed forces regulations set the minimum age for voluntary enrolment in the armed forces at 18 years; the minimum age of conscription (national service) is also 18.

Justice

150.Article 1 of Act No. 01-081 of 24 August 2001 on the criminal responsibility of minors and the establishment of juvenile courts and article 26 of the Criminal Code provide that the “age of criminal responsibility is 18 years”.

Property transactions

151.As regards property transactions, article 29 of the Child Protection Code provides that “every child having legal capacity (who is emancipated) has the right to conclude contracts on equal terms without discrimination based on age”.

Freedom of association and worship

152.Act No. 04-038 of 5 August 2004 on associations places no restriction on children creating or joining associations.

Consumption of alcohol

153.The Act of 1 October 1917 on the suppression of public drunkenness and the regulation of beverage-vending establishments (which is still applicable in Mali) prohibits all bar keepers, innkeepers and other beverage vendors, on pain of criminal penalty (a fine and/or imprisonment in the event of repetition of the offence) from:

•Allowing entry to their establishments or serving spirits or alcoholic beverages to minors aged less than 18 years;

•Selling, even for removal from their premises, spirits or alcoholic beverages to minors aged less than 18 years;

•Employing in beverage-vending establishments females aged less than 18 years other than members of their own family.

Special measures of protection and assistance on behalf of children and young persons, especially measures to protect them from economic and social exploitation or to prevent their employment in work harmful to their morals or health or dangerous to life or likely to hamper their normal development

Measures taken to recognize and guarantee the right of the child to be protected from economic exploitation

154.Child labour in Mali is regulated by:

•Act No. 92/020 of 23 September 1992 on the Labour Code;

•Decree No. 96:178 P/RM of 13 June 1996 establishing the procedures for implementing the provisions of the Labour Code;

•Ordinance No. 02-062/P-RM of 5 June 2002 on the Child Protection Code;

•Ratification by Mali of the basic ILO conventions, in particular Convention No. 138 concerning Minimum Age for Admission to Employment in 2002, and Convention No. 182 on the Worst Forms of Child Labour in 2000;

•Choice of combating child labour as the topic for the start of the 2004/05 school year, and the teaching of a model lesson, at the fundamental level, on the first day of the school year;

•The withdrawal, reintegration, rehabilitation and enrolment of children working in the informal economy.

Definition of activities considered to pose a risk to or likely to jeopardize children’s schooling or damage their health and development

155.The decrees implementing the Labour Code target such activities through the following articles:

(a)Article D.189-21: It is prohibited to employ children in the garment industry, and in the handling and sale of written and printed works, posters, drawings, engravings, paintings, emblems, pictures or any other object whose sale, supply, exhibition, display or distribution are likely to undermine their morals or have an adverse influence on them;

(b)Article D.189-28: It is prohibited to employ children in the use and handling of explosives;

(c)Article D.189-30: It is prohibited to employ children below 16 years of age in public performances staged in theatres, cinemas, cafés, concerts or circuses involving risky stunts or acts of contortion.

156.The information, awareness and education campaigns have focused on the following. Celebrations of World Day against Child Labour offered child workers themselves the opportunity to take the floor and express what they saw as pressing concerns on which emphasis needed to be placed in the fight against the worst forms of child labour.

157.The Mali 2002 Africa Cup of Nations provided the occasion for organizing an awareness and information campaign on the living conditions of child workers, under the slogan “Red card to child labour”. This campaign was launched on the occasion of the twenty-third series of the Africa Cup of Nations soccer tournament, held in Mali in 2002. It was organized in collaboration with the African Football Confederation (AFC) and the Organizing Committee for the Africa Cup of Nations (COCAN); a huge awareness campaign centred on the fight against the worst forms of child labour.

158.The purpose of the campaign was to use the tournament to sensitize the public at large to this reality and to rally all and sundry to respect the basic principles set forth in ILO Convention No. 182. The campaign achieved the following results:

•Broad awareness among all layers of the population: political leaders, journalists and officials of the various government departments. Over 2 million Malians participated directly or indirectly in the campaign;

•The campaign allowed child workers to speak for themselves and express what they saw as pressing concerns on which emphasis needed to be placed in the fight against the worst forms of child labour;

•The idea of the red card would henceforth be associated with all sporting activities in the country in order to support activities on the ground.

159.As part of the ILO/IPEC project, in April 2004 the Minister of Labour and Public Administration and the Minister for the Advancement of Women, Children and the Family signed in Bamako the international appeal in support of the Global March against Child Labour.

160.ILO/IPEC, in collaboration with the Ministry of National Education and the Teachers Union, had also launched in 2003 another initiative, entitled “SCREAM, Stop Child Labour!”, focusing on education and social mobilization to combat child labour. This campaign was intended to help educators the world over to reinforce understanding and awareness on the part of young people concerning the problem of child labour.

161.The SCREAM campaign and the model lessons recognize that school has been and remains the sturdiest bulwark against the early placement of children in employment and the most effective alternative possible in terms of the socio-economic integration of children removed from the worst forms of labour.

162.The SIMPOC programme (statistical information and monitoring programme on child labour) for Mali is in operation and has the following aims:

•Collection, application and dissemination of gross quantitative and qualitative data useful for studying the extent, distribution, characteristics, causes and consequences of child labour;

•Establishment of a basis for the analysis of data on child labour with a view to planning, designing and implementing multisectoral integrated activities, monitoring implementation, and assessing the impact of policies and programmes. It should also be noted that the Malian Government created in 2004 a “child and labour” unit in the Ministry of Labour to improve coordination and evaluation of measures for combating child labour for purposes of exploitation.

•The number of children who have directly benefited from the programme of action stands at 7,011: 2,804 boys and 4,207 girls;

•The number of children who have indirectly benefited from the programme of action stands at 25,000, with girls accounting for 60 per cent;

•The number of children reached by the awareness campaigns stands at 25,000.

163.Despite the efforts of the Malian Government to impart more knowledge of child labour, greater awareness among national actors, more measures to withdraw children from work and reintegrate them in work, there is still resistance in certain quarters, especially in rural areas, to excluding children from certain dangerous and difficult jobs. Hence, efforts must be made to adopt a methodological approach and provide geographical and sectoral coverage.

164.In response to these deficiencies, Mali, with the support of the SIMPOC programme, would like to conduct a comprehensive nationwide survey, based on the new ILO methodologies for surveys on child labour, in order to secure reliable, up-to-date data on child labour in Mali.

165.Implementation of the National Programme to Combat Child Labour and the elaboration and implementation of an emergency national action plan to fight cross-border trafficking in children (2000–2001) are an indication of the efforts made to put an end to this scourge. It was in this context that 413 child victims of cross-border trafficking were repatriated.

166.Since 2002, Mali has also benefited from the Project supporting the application of the ILO Declaration on Fundamental Principles and Rights at Work (PAMODEC MALI). Its purpose is to help States that so request to improve their country’s application of the basic ILO conventions and, by extension, the application of international labour standards. This project has contributed to improved knowledge of the ILO child-labour conventions.

167.Finally, Mali is a member of the Organization for the Harmonization of Business Law in Africa (OHADA) created in 1993 by the Port-Louis Treaty, article 2 of which deals specifically with child labour, in particular with the elimination of all forms of compulsory forced labour, the effective abolition of child labour, and the elimination of discrimination in employment and choice of occupation.

168.However, this legal instrument has not been used as a legal tool against child labour.

169.Article L.185 of the Labour Code stipulates that “in any type of establishment … it is prohibited to employ children under 18 years of age of either sex for work that is beyond their strength, that may be dangerous or that, by its very nature and the conditions in which it is performed, is likely to corrupt their morals.”

170.The Labour Code also prohibits:

•Night work by children in industry;

•Employment of children in companies (even as apprentices) before the age of 14 years;

•Employment of children for actual working time of over eight hours per day;

•Night work by children under 18 years of age between 9 pm and 5 am;

•Employment of children on recognized legal holidays, even for workshop arrangement;

•Work on Sundays by children of either sex who are in apprenticeship.

171.Likewise, article 20 of the Child Protection Code provides that any child has the right to:

•Attend school for a minimum of nine years;

•Employment from the age of 15 in accordance with the relevant provisions of the Labour Code and its subsequent texts.

172.It must, however, be recognized that economic and sociocultural realities make it difficult to enforce these provisions. Moreover, the provisions of the Labour Code are applicable only in the formal sector of the national economy, while most children who work do so in the informal sector. This explains the lack of appropriate sanctions in this area.

International conventions and other applicable instruments, national prevention policies, cooperation programmes and coordination and monitoring mechanisms

173.Mali has ratified the two basic ILO conventions in this area:

•Minimum Age Convention No. 138, ratified in 2002;

•Convention No. 182 on the Worst Forms of Child Labour, ratified in 2000.

174.Implementation of these two conventions is undertaken in the framework of the ILO/IPEC National Programme on the Elimination of Child Labour. The programme has a National Steering Committee consisting of representatives of 12 ministries, 8 associations and NGOs, the Malian Coalition for the Rights of the Child (COMADE) and agencies of the United Nations. The Committee meets on a quarterly basis It validates any programme or project executed under the National Programme. It also serves as coordinator.

175.As part of the Mali-United States cooperation effort, World Vision and Care International have been implementing since 2003 a programme to combat the economic exploitation of children and trafficking in children in the Ségou and Mopti regions and the District of Bamako. The programme of the NGO Winrock International has been in operation in the Sikasso and Ségou regions since 2004.

176.A national survey on child labour was undertaken in 2005 by the National Statistics and Informatics Office (DNSI) with the technical and financial support of the IPEC/SIMPOC programme. It focused on the work of children aged 5 to 17 years.

177.Children would seem to be making a growing contribution, directly or indirectly, to improving the standard of living of many poor households in both rural and urban areas of the country. In this connection, the 1998 General Population and Housing Census (RGPH) reported the existence in Mali of 38.5 per cent of child workers aged 6 to 17, i.e. 1,208,229 children.

178.The survey showed that the older the children, the more their economic activity increased. While work affected 28.8 per cent of children aged 6 to 9, it concerned four out of every ten children aged 10 to 14.

179.A total of 51.9 per cent of children aged 15 to 17 were economically active.

180.In this context, boys represented the main substitute for adults: 45.8 per cent of boys aged 6 to 17 were economically active compared with 38.5 per cent of girls.

181.The 2005 National Child Labour Survey revealed the existence of 6,463,669 children under the age of 18, of whom 68.5 per cent were aged between 5 and 17. Among these children, there were relatively more boys than girls, as indicated by a masculinity ratio of 107. The population comprised 3,341,704 boys and 3,121,965 girls, a difference of 219,739 between the two groups.

182.In Mali, the involvement of children in economic activity has reached alarming proportions: some two out of three children between the ages of 5 and 17 contribute to economic activity, that is, just over 3 million girls and boys. Among these children, there are nearly 2.4 million child workers under 15 years of age. The phenomenon affects girls (68 per cent) as well as boys (68.7 per cent), in rural areas (71.1 per cent) and urban areas (62.5 per cent) alike.

183.A breakdown of working children by sex and job status shows that boys are mainly called upon to work on plantations (74.1 per cent) as domestic workers. (93.5 per cent). The economic activity of boys also seems much more mobile than that of girls: 6.2 per cent and 1.4 per cent of them respectively work in several places.

184.Unsurprisingly, one finds that child labour in Mali is performed mainly in plantations (58.1 per cent) or in the home (33.1 per cent), which tends to reinforce the view of child labour as traditional and social in character. However, all working children in Mali are not to be found in the family setting. It turns out that 2.2 per cent of children required to perform harmful work do so in the streets and 3.1 per cent of them in several places, increasing the difficulty of protecting them. In this regard, boys are more mobile than girls.

185.Washing dishes, laundry work and fetching firewood and water are the main domestic activities that children are required to perform. It is clear that underdevelopment in Mali is one of the reasons for this situation. In this context, girls are the most affected by the foregoing activities, with the exception of cleaning houses. They are moreover required from an early age to perform most of the household activities that traditionally fall to women, such as shopping, preparing and serving meals and looking after the youngest children.

186.The situation is more worrying since one in five children are engaged in this unpaid work for more than 35 hours a week. This heavy involvement in household activities is found in both urban and rural areas: 18 per cent and 21 per cent of children respectively are obliged to perform such work for over 35 hours per week.

187.Child labour is concentrated mainly in two sectors: the agricultural sector (57.7 per cent) and the service sector (38.3 per cent), industry occupying only a marginal place with 2.5 per cent of economically active children.

188.A breakdown of child workers by place of residence and sector of activity yields more details. Some seven out of every ten children in rural areas are involved in agricultural, fishing or forestry activities, two in manufacturing and the other three in various activities, probably giving adults a helping hand in their work. These service activities represent children’s main tasks in urban areas, with 56 per cent of them being employed in this way. In this context, agricultural or fishing activities concern some 38 per cent of children in peri-urban areas. In rural areas, youngsters under 18 from the towns are engaged in increasing numbers in commercial and catering activities (3.1 per cent compared to barely 0.3 per cent) and in manufacturing (2.6 per cent).

Children deprived of their family environment

Measures taken to ensure special protection and assistance for children temporarily or permanently deprived of their families

189.The establishment of the function of Child Protection Officer (Child Protection Code, art. 66) and of the duty to report threats to children’s well-being (ibid, art. 73) will help to ensure better care and protection for children deprived of their family environment. Articles 85 and 86 of the Code determine the judicial means of ensuring the greatest possible security for such children.

190.The precise numbers of children and young people living outside their families cannot be calculated because insufficient data is available on the numbers of children who are being housed and educated in establishments outside their families or who have left home.

191.The Malian Government continues to promote private and community initiatives. Thus, efforts are being made to encourage families and individuals to develop solidarity networks for children. In order to better protect children in general and children deprived of their family environment in particular against deviant practices such as exploitation, kidnapping and trafficking, Mali has adopted regulations on the placement, reception, housing and guidance of children. Decrees Nos. 99-450 of 31 December 1999 and 02-067 of 12 February 2002 lay down the conditions for the establishment and functioning of private institutions for the reception, counselling and accommodation of children.

192.As regards protection of the child in Mali, all the measures of social or judicial protection have the effect of promoting the prevention and correction of unacceptable behaviour with regard to children.

193.They are measures aimed at physical or psychological rehabilitation or re-education and at children’s reintegration in society and their families.

194.Among these measures, preference is given to those based on keeping the child in its family. Placement of a child outside its family is an exceptional measure and must be no more than temporary. In addition, parents must contribute to the cost of the child’s education. The concern to maintain the relations between the child and the family explains this provision.

Orphans and abandoned children

195.Thanks to the traditional forms of solidarity in Mali, orphaned and abandoned children are often taken in by their extended family. In urban areas, where traditional solidarity does not operate well, orphans, abandoned children or children whose parents are mentally ill are taken in by the social services and receive the necessary protection. The reception and family placement centre (Bamako nursery) was expanded with the construction by the Government of new buildings and the acquisition of logistical support. The centre takes in an average of 300 children a year.

Students in Koranic schools

196.Regarding children entrusted to marabouts for training in Koranic schools, the census conducted by the NGO Mali Enjeu reflected in the table below shows the distribution of Koranic students by age group in the District of Bamako.

Students in Koranic schools, by age group

Age (years)	4 – 6	7– 14	15– 18	+18	Total
Number	1 624	3 408	629	406	6 067
%	26.77	56.17	10.37	6.69	100

Source : Final report, “ Mendicité ” (Begging), Mali — Enjeu /GARFO 99.

Street children

Vagrant children in the District of Bamako, October 2002

Age	Boys	Girls	Total
Number	%	Number	%	Number	%
Under 11	775	21	131	18	906	21
11– 15	2 135	59	498	68	2 633	61
15 – 17	704	20	105	14	809	18
Total	3 614		734		4 248

Source : DNPEF/SAMU Social, Census of vagrant children, District of Bamako, 2002 .

Observance in the application of protective measures of the child’s right to the expression of its ethnic, religious, cultural and linguistic origin, and data on the categories of children to whom protective measures are applied

197.Articles 50 to 60 of the Child Protection Code define the categories of children who can be considered as deprived of their family environment:

•School-age children who move in order to continue their schooling in villages or communes other than their own or in cities and who receive no State scholarship or maintenance;

•Children who are entrusted to marabouts for the purpose of religious training and who wander about, in towns in particular, and live by begging;

•Young children whose labour is exploited in the informal sector (in particular, girls employed as domestic servants);

•Street children in large urban centres such as Bamako;

•Orphans, abandoned children and foundlings, receiving particular attention in family placement establishments.

Article 11: The right to an adequate standard of living

198.Following the last General Census of Population and Housing (RGPH) in 2009, poor living conditions or mass poverty affect nearly two thirds (64 per cent) of the total population, or 6.5 million people out of a total population of 14,517,176. Nearly 22 per cent of the 6.5 million live in extreme poverty.

199.Eighty-eight per cent of the population living in poverty is based in rural areas. The incidence of poverty is 76 per cent in rural areas compared with 30 per cent in urban areas. Furthermore, double the investment effort is needed in rural areas (where the depth of poverty is 46 per cent) in order to bring poor localities up to the poverty line, compared with urban areas where the depth of poverty is only 22 per cent.

200.Mass poverty affects more women than men. Women represent 51 per cent of poor people.

201.In general, young people under the age of 15 (47 per cent) are less affected by poverty than the working-age population aged 15 and over (53 per cent). This relatively low number of under 15-year-olds among the poor is more marked in urban areas, where they represent only 42 per cent.

202.The poor work for the most part in the primary sector. Nearly 90 per cent of jobs occupied by the poor come within this sector.

203.According to the light survey carried out in 2003 at the national level, two thirds of households considered that their economic situation was better than the previous year, compared with just over one fifth (21 per cent) who believed their economic situation to have worsened. In rural areas, this improvement in the economic situation was reported by almost three quarters (71 per cent) of households and in urban areas by about half.

204.The improvement in the economic situation seems to have benefited households headed by men (65 per cent) more than those headed by women (62 per cent).

205.The improvement in living standards has not been constant for the population at large.

206.The per capita GNP for the poorest 40 per cent of the population.

207.The per capita GNP for the poorest 40 per cent of the population corresponds to the defence of the third decile, i.e. CFAF 85,455 according to the findings of the 2001 Malian Poverty Assessment Survey (EMEP).

208.The poverty line in Mali corresponds to the consumption level below which individuals are considered poor. It is expressed in the form of a monetary consumption capacity. What is to be determined, then, is the level of consumption in monetary terms that may be regarded as minimal or, more exactly, what is the purchasing power threshold enabling basic human needs to be satisfied.

209.This definition led to the establishment of the level of expenditure below which the population can no longer meet its energy needs, that is to say, 2450 calories/day. According to the 2001 Malian Poverty Assessment Survey (EMEP), this level corresponds to CFAF 99,038. The survey also gave an annual average per capita consumption expenditure (including food and non-food) of CFAF 144,022 for the population that is not meeting its energy needs.

210.According to the 2012 Demographic and Health Survey, more than one in every three children (38 per cent) suffers from stunted growth: 19 per cent moderately and 19 per cent severely. Approximately one in every four children (26 per cent) is underweight: 16 per cent moderately and 9 per cent severely.

211.In terms of trends in the nutritional status of children, chronic malnutrition and stunting recorded a significant increase between 1987 and 2001. On the other hand, while the other two forms of malnutrition (wasting and low body weight) showed a steady increase between 1987 and 1996, they decreased significantly between 1996 and 2001.

Measures taken to improve methods of production, conservation and distribution of food

212.The measures taken are numerous and involve various support functions in the rural sector: research, extension services, assistance for farmers’ organizations and the development of marketing and the processing of agricultural products.

213.The measures that have made a difference include:

•The sustained implementation since 1981 of a constantly improving food security policy, underpinned by a national security stock of 35,000 tonnes, due to be increased;

•Large-scale adoption of animal-traction cultivation by farmers;

•Selection and adoption of varieties of cotton, rice, maize and millet/sorghum better suited to the local environment and more productive;

•Rehabilitation of large areas through total water management;

•Development of rice cultivation, in particular through total water management, introduction of short-stem rice varieties, transplantation and widespread adoption of small dehusking machines;

•Support for producers’ organizations;

•Development of the decentralized financial system and its extension to the rural environment, etc.

214.While there have been successes in the production and primary marketing of major agricultural products (cotton, cereals, onions, tomatoes and potatoes), this is not the case with their conservation, processing and distribution, particularly in the case of export produce. The reasons are:

•Non-application of technical and technological processes economically and financially compatible with export requirements;

•Advance market commitments for certain products tending to result in very large increases in production (shallots, tomatoes).

215.These measures taken together have contributed to a significant increase in cereal availability per person and per year. This has risen:

•For all categories of cereals, from 184 kg/person/year between 1984 and 1991 to 199 kg/person/year from 1992 to 2003, including some 152 kg of millet/sorghum/maize and 38 kg of rice/inhabitant/year;

•In the case of rice, from 33 kg/person/year between 1984 and 1991 to 60 kg/person/year between 1992 and 2003.

216.Assuming official consumption norms of 202 kg for all categories of cereals and 34 kg for grain in 1992, national needs in cereals were 98.5 per cent covered by national production over the entire period.

217.In the context of a deterioration in the terms of trade, these measures have led to:

•An extensification of grain and cotton crops, which has tended to increase the pressure on land, provoke the degradation of natural resources and reduce soil fertility and productivity;

•A real reduction in rural incomes, even in the rice- and cotton-growing areas.

218.A continued rise in the level of agricultural production over the past two decades has been accompanied by an outreach programme for men and women producers on the improvement and acceptance of local food and dishes high in nutritional value (Women and Development). Implementation of the National Food Security Programme (PNSA): it provides, through a participatory and forward-looking approach to the multidimensional aspects of food security, for the implementation of measures in the field of health and nutrition, along with other emergency activities in the short and medium term.

219.Agrarian reform measures (understood here as the implementation of existing agricultural policies and agricultural policy measures) include:

•The Master Plan for Rural Development (SDDR), which constitutes the strategic framework for the rural sector as a whole in the areas of policy making and the implementation of development activities, projects and programmes;

•The National Environmental Action Plan (PNAE)/CID, which covers environmental problems as a whole and action programmes to combat desertification;

•The National Food Security Strategy in Mali, developed in 2002, is in line with the process envisaged by the “Sahel 21” initiative, promoted by the Permanent Inter-State Committee on Drought Control in the Sahel (CILSS) and designed to create the conditions for sustainable regional food security and reduce structural poverty and inequality in the Sahel;

•The Cereals Market Restructuring Programme (PRMC) dating from 1981, which has entered its consolidation phase in which the State must assume full responsibility for the proper management of emergencies, in particular through a reinforced food security system (SAR), improved information on grain markets and piloting of the sectors;

•The National Irrigation Development Strategy (SNDI), which was adopted in 2002 with the following main objectives:

•Focus public investment on the selective rehabilitation of major existing irrigated zones;

•Provide extension and efficient research services for farmers;

•Establish mechanisms to increase producer participation in the rehabilitation and maintenance of irrigated areas;

•Stimulate private investment in small-scale irrigation by making producers capable of identifying profitable investments and turning them to account.

220.Such policies and strategies pursue the following common objectives:

•Improve the incomes and living conditions of rural populations;

•Satisfy the country’s food needs;

•Ensure export promotion;

•Ensure the sustainability of actions through improved management of natural resources and the environment.

221.The Cereals Market Restructuring Programme, dating from the 1980s, reflected the determination of the Malian Government of Mali to provide a firm footing for an agricultural market centred on the liberalization of the Malian economy while placing the emphasis on more sectoral questions, namely those affecting the agricultural sector and food security.

222.One may distinguish two phases in this process:

•The first, from 1980 to 1986, was aimed at addressing major financial imbalances and improving the allocation of resources, in particular through key institutional reforms. It was also marked by major events such as entry into the West African Economic and Monetary Union and the 1986 drought. It resulted above all in:

•Liberalization of the domestic trade in cereals;

•Adoption of the principle of disengagement by the State from the production sector;

•A second phase, from 1986 to the present, aims to liberalize the marketing and pricing of major agricultural products. A major component of this latter phase is institutional restructuring following the advent of democracy. It includes the period of adoption and implementation of the Framework for the Rural Development Sector (SDDR) and has involved in particular:

•Strengthening of trade liberalization;

•Full liberalization of grain prices;

•Effective disengagement of the State from the productive sector (reform of the Offices of Rural Development, of the cotton sector and the Office of the Niger);

•Privatization of State-owned enterprises (reform of the Office of Agricultural Products of Mali);

•Revision of the principal legislative texts: the Commercial Code, Tax Code, Investment Code, Labour Code, etc.

•Reshaping of several aspects of the legislative and institutional framework for rural development;

•Adoption of the programme approach with the funding of the following programmes:

•National Rural Infrastructure Programme (PNIR);

•Programme for Agricultural Services and Peasant Organizations (PASAOP);

•Agricultural Competitiveness and Diversification Programme (PCDA);

•Rural Community Development Programme (PACR).

The right to adequate food — Progress achieved

Agricultural products

Cereal production

223.Subsistence farming in Mali is dominated by cereal production. An exporter of cereals before independence, Mali became a food deficit country in 1970 as a result of a series of severe droughts and an interventionist policy shown by analysis to have had an adverse effect on production and marketing.

224.From 1960 to 1970, cereal production registered a negative growth rate, with the result that the production level in 1980 was lower than that in 1961, 20 years previously. It fluctuated around 1.1 million tonnes during these two decades.

Average annual growth rate of total grain output

1961– 1980	1980 – 1990	1990 – 1998
0.7 %	6.2%	4.5%

Source : PRMC Study, 1999, based on FAO and DNSI/DNAMR.

225.Production entered a period of strong growth in 1981, interrupted in 1984, a year of serious drought. Overall, it has more than doubled in recent years, reaching 2.65 million tonnes in 1999.

226.The rate of output growth of around 4.7 per cent from 1980 to 1997 largely exceeded the population growth of 2 per cent.

227.However, while cereal production increased yet again from 2,156 million tonnes in 1998–1990 to 2,951 million tonnes in 1990–2000 (Planning and Statistics Unit (CPS), Ministry of Rural Development (MDR)) and food security seems overall to have been achieved, the situation remains delicate and dependent on the principal climatic variations because of the fluctuations in the levels of domestic production, which are the decisive factor in the inter-annual variations in prices in keeping with the interplay of supply and demand.

228.Indeed, the availability of locally produced cereals, which was satisfactory in the early 1960s, deteriorated considerably up to 1980 (a minimum 137 kg/inhabitant /year in the period 1976–1980). It improved subsequently, reaching an average of 199kg/inhabitant /year in the period 1994–1999 (including 152 kg of dry cereals and 38 kg of rice/inhabitant /year). Based on the official consumption norms of the 1988–1989 Household Budget Survey (EBC) (202kg/inhabitant/year for cereals as a whole, including 34 kg for rice), demand is 98.5 per cent met by domestic production for cereals as a whole.

229.From 1994–1995 to 1998–1999, per capita availability based on national production evolved as follows:

Cereals	1994–19 95	1995–19 96	1996–19 97	1997–19 98	1998–19 99
Total cereals	218	193	198	186	199
Millet sorghum maize	157	160	147	140	155
Rice	32	33	42	38	43

Source : Permanent Interstate Committee for Drought Control in the Sahel (CILLS), DIAPER project.

230.The remaining needs were covered by commercial imports (rice, wheat) and food aid.

231.Food security towards the end of the 2000 decade was characterized by a marked improvement in the rainfall situation and agricultural production. This helped to improve food availability with regard to cereals. So, in a year of normal rainfall, cereal availability per capita averaged 207 kg/inhabitant/year. This was mostly due to the significant increase in rice production, which rose from 300,000 tonnes in 1995–1996 to 600,000 tonnes in 1997–1998.

232.However, the food situation remains fragile, the trend being subject to tensions in the supply/demand balance. This is why fluctuations dependent on climatic variations mean that availability is not sufficient every year meet the increasingly strong domestic demand, which reflects that of neighbouring countries. The result is a food situation that is more fragile in the regions in the North and West of the country where local trends in their contribution to food security reveal a constant deficit in cereal production.

233.Indeed, while in a normal production year the regions of Kayes and Koulikoro produce 70 and 95.4 per cent respectively of their local consumption needs, annual production in the regions of Kidal, Gao and Timbuktu generally falls far short of needs. Thus, the positive trends in the production in recent years (growth rates) mask severe food insecurity in rural and urban areas. Cereals constitute 76.1 per cent of the food ration in rural areas and 60.5 per cent in urban areas.

Other crop productions

234.These consist mainly of legumes and oleaginous plants, roots and tubers, fruits and vegetables. In the absence of reliable statistics, we mention these for the record. Indeed, they contribute significantly to improving food availability.

Livestock production

Livestock/meat

235.On the basis of a 3 per cent growth rate for cattle, 6 per cent for sheep, 10.19 per cent for horses, 2.19 per cent for asses, 12.49 per cent for camels and 1.10 per cent for pigs, the national livestock numbers at 31 December 2011 were as follows:

•Cattle: 10,012,968 head;

•Sheep: 13,735,520 head;

•Goats: 19,126,805 head;

•Horses: 517,605 head;

•Asses: 939,832 head;

•Camels: 978,979 head;

•Pigs: 77, 365 head.

236.Total meat production in 2011–2012 was estimated by the National Directorate for Animal Products and Industries (DNPIA) and the National Directorate for Veterinary Services (DNSV) at 56,690 tonnes.

237.Livestock is also highly dependent on rainfall conditions. During a year of normal rainfall, the availability of meat and offal can reach 15 to 16 Kg/inhabitant against 12Kg/inhabitant/year on average.

Poultry

238.National poultry numbers were estimated by the DNPIA and DNSV at 36,850,378 birds during the 2011–2012 season, including 5,957,351 birds raised in the modern breeding system in the District of Bamako. This represents some 2.7 birds per capita.

Milk

239.Milk production is mainly practised around urban centres and in rural concessions. This production represents a large percentage of marketed milk. As for transhumant herds, they supply milk mainly for local consumption by the producers.

240.The production potential in raw milk in 2011 was 1,641,790 tonnes, including some 31 per cent of cow’s milk, 16 per cent of sheep’s milk, 24 per cent of goat’s milk and 29 per cent of camel’s milk.

Eggs

241.The egg production targets set by the National Directorate for Support to the Rural World (DNAMR) for 2003 amounted to 150 million units.

Fish production — fisheries

242.In a normal hydrological period, fish production is around 100,000 tonnes of fresh fish per year or approximately 10,5 kg/inhabitant/year. Eighty per cent of Mali’s fishery potential is concentrated in the Delta. However, depending on climatic and hydrological conditions, the volume of catches varies considerably from year to year. The estimates for the following years illustrate this disparity:

•1969–1970: 87,000 t;

•1984–1985: 35,000 t;

•1997–1998 141,000 t

243.About three quarters of national fish production is processed by smoking, drying or burning. The production targets for processed fish in the 2003 season were as follows:

•Smoked: 3,160 t;

•Dried: 428 t;

•Burned: 1,679 t.

Product quality

Vegetable products

244.In general, product quality is below standard. This lowers its market value and reduces national competitiveness. However, significant efforts are currently being made by the department responsible for product regulation and monitoring. Food safety is increasingly monitored and offenders are punished (seizure and destruction of products). Quality standards are published and product traceability is supervised ever more closely.

Animal products

245.In 2000, the regulation and monitoring authorities checked a total of 33,890 tonnes of meat compared with 31,798 tonnes in 1999, representing a 6.5 per cent increase in the produce deriving from the slaughter of 211,323 cows, 122,948 sheep, 259,943 goats, 313 camels and 823 pigs.

Accessibility

Physical accessibility

246.The country’s size and landlocked situation make access by consumers of agricultural products difficult. Regions with structural deficits need to import grain from regions with surpluses. The absence of road infrastructures has a considerable impact on forwarding costs, which in some impoverished areas exceed the cost of the products themselves.

247.Market sourcing is generally adequate, even if prices remain high for some classes of consumers.

Affordability

248.Consumer prices for grain ranged from a low of 70 CFAF/Kg in 1990 and a maximum of 250 CFAF/Kg in 1996. Prices for local rice experienced very strong fluctuations between 1994 and 1998, when they rose sharply. Producer prices for dry grain and rice were even less stable than those for consumers. Analysis of marketing costs in the average price to consumers of a Kg of millet over the period from 1995 to 1998 gave the following shares:

•65 per cent for producers;

•15.3 per cent for transport operators;

•16 per cent for intermediaries, including 10 per cent for retailers;

•1.5 per cent for rural harvesters and 2.2 per cent for Bamako retailers;

•Other expenses.

249.The consequences of these changes or tensions in the supply/demand balance and the resulting price increases make access to grain more difficult for net consumers whose purchasing power is growing less slowly than the price index. This raises the issue of the access to food of vulnerable rural and urban groups.

Vulnerable sectors

250.Those concerned are the poorest people who do not have access to food, even when it is available. These groups exist in rural and urban areas alike. They can be categorized as follows:

•In rural areas:

•Communities suffering from chronic food insecurity;

•Communities suffering from transitory food insecurity;

•Producers in unstable production areas;

•In urban areas: the poor in urban and peri-urban areas (fixed-income groups, groups with low or unreliable incomes, impoverished groups).

251.In 2000, a Strategic Framework for Food Security was adopted with a view to combating poverty in the Sahel and ensuring the conditions for sustainable, structural and regionally integrated food security.

252.To this end, Mali established the Food Security Commission in 2004 by Decree No. 04-150/P-RM of 18 May 2004. Its mission is to develop and ensure implementation of the National Food Security Policy.

253.Its role is to guide, design and coordinate measures to implement the National Food Security Policy.

254.The challenges of the National Food Security Strategy in Mali include feeding a rapidly growing population, increasing growth and the income of the local population and coping with the diversity of food crises.

255.In Mali, there are many structures that contribute to the fight against poverty and the establishment of a sound food security policy. The actions of these bodies are coordinated by the Office of the Food Security Commissioner.

256.They are:

•The Early Warning System (SAP): this body collects information to assist in decision-making and measures to limit potential food problems;

•The Agricultural Market Information Network (OMA) is responsible for gathering, reporting, processing and disseminating commercial information, statistics and regulations on all factors influencing price setting on the agricultural market. It is a tripartite structure: the central cell, local units for collection and dissemination, and the media network. The Network has 25 local units for collection and dissemination, covering a total of 77 markets distributed throughout the country;

•The Special Programme for Food Security (PSSA) is an FAO initiative aimed at low-income Member States with a food deficit. It helps them increase food production through improved technology transfer and agricultural practices. The Special Programme’s specific objective is to identify solutions to deal with the constraints encountered both upstream and downstream of production and encourage the emergence of sustainable production systems;

•Health, education and rural development constituted the components of the National Directorate for World Food Programme Projects (DNPP). It has implemented two emergency projects. The first managed the return and reintegration of Malians from Côte d’Ivoire and elsewhere. The second benefited the populations affected by famine and provided 263,820 tonnes of food for those in need;

•The Agency for the Promotion of Agricultural Supply Chains (APROFA) is a support structure for small and medium-sized agro-food enterprises. Actions carried out by the Agency include testing the multimodal export of 214 tonnes of mangoes by boat via Abidjan and testing the marketing of 16 tonnes of Malian potatoes on the Bouaké market in Côte d’Ivoire;

•The Food Security and Incomes Programme in the Kidal region (PSARK) is the result of the Government’s commitment to develop and secure the economy of a region heavily disrupted by the droughts of 1972–1973 and 1984–1985, The programme covers the whole of the 8th region and, apart from Malian public funding, many development partners have contributed to its financing. They include the International Fund for Agricultural Development (IFAD), the Islamic Development Bank, the OPEC Fund for International Development, the NGO Accor and UNICEF. PSARK’s role includes strengthening the institutional framework of the region and financing the credit facilities for improving production and productivity.

257.With regard to food security, the Food Security Commission is to establish cereal banks throughout the country. For example, banks have been installed in the regions of Kayes, Koulikoro, Sikasso, Segou and Mopti.

Difficulties

Climatic and natural

258.All plant, animal and fishery products are dependent on climatic conditions, in particular rainfall and floods.

259.The main climatic and natural difficulties are:

•Low rainfall and floods;

•Unfavourable conjunction of rainfall and flooding;

•Predators (locusts, cantharides, granivorous birds, rodents, root-eating fish, food storage pests);

•Natural disasters (floods, drought, lightning, breach of dykes, etc.).

Socioeconomic and cultural

260.These include:

•Property disputes;

•Armed conflicts;

•Poverty;

•Land tenure systems;

•Local habits and customs;

•Reductions in external financing.

Political and institutional

261.The main difficulties concern:

•Proper enforcement of laws and regulations; Lack of a clear policy in some areas;

•Confusion in the roles of institutions;

•Low level of organization and professionalization of producers.

Technical

262.These have to do with:

•Shortage of equipment;

•Limited access to inputs;

•Inadequate training.

Measures planned

Political

263.In the Rome Declaration on World Food Security, it is recognized that a peaceful, stable and enabling political, social and economic environment is the essential foundation that will enable States to give adequate priority to food security and poverty eradication. Democracy, the promotion and protection of all human rights and fundamental freedoms, including the right to development, and the full participation of men and women on an equal basis are key factors in achieving sustainable food security for all.

264.For Mali, the revolution of 26 March 1991 marked a turning point characterized by the following fundamental choices:

•Democratization of public life;

•Devolution of powers;

•Liberalization of the economy;

•Promotion of the private sector;

•Solidarity with the most disadvantaged populations.

265.Since 1992, the Ministry of Agriculture has adopted a blueprint for the rural development sector which constitutes a political tool for guiding development policy and a framework for the integration of political, economic, institutional and legislative reform of the rural development sector. This framework in its updated version with the focus on 2010 has set itself the following objectives:

•Increase the sector’s contribution to economic growth;

•Strengthen security and food self-sufficiency;

•Improve the incomes and living conditions of rural populations;

•Protect the environment and preserve natural resources.

266.Specific objectives:

•Development of supply chains;

•Restoration and maintenance of soil fertility;

•Promotion of rural credit.

267.This framework has eight core strategies, including strengthening the role of women and youth in rural areas and supporting solidarity mechanisms in rural areas. Food security is one of the priority areas.

268.On 29 May 2002, the Government adopted the Strategic Framework for Poverty Reduction (CSLP) to reaffirm its commitment to make the fight against poverty its priority of priorities in the development field.

269.The Government then adopted a national food security strategy, in line with the strategic framework for combating poverty, with the aim of securing access by all Malians, at all times, to the food necessary for a healthy life by ensuring:

•The availability of healthy and nutritious food of good quality;

•Its accessibility to the population, including the most vulnerable;

•The stability of food supplies in space and time;

•The optimum use of food by individuals.

270.These specific objectives include:

•The promotion of a productive, diversified and sustainable agriculture;

•Sustainable improvement in the conditions governing access by groups in vulnerable areas to food and basic social services;

•Improved arrangements for preventing and coping with intermittent crises.

Institutional

271.One of the most important developments has been the creation of a Ministry for Food Security, which oversees all organs of the Cereals Market Restructuring Programme. This Programme forms the cornerstone of our security system and a model in the subregion. The Ministry was replaced in 2004 by the Office of the Commissioner for Food Security.

272.Mention should also be made of the establishment by Decree No. 03-176 PRM of 25 April 2003 of an institutional framework for food security management in Mali.

273.There are also many consumer’s associations that strive daily to ensure food safety.

Programmes and projects

274.The Action Plan of the Framework for the Rural Development Sector comprises nine major programmes:

•The Agricultural Services and Producer Organizations Project (PASAOP), in force since 2002;

•The National Rural Infrastructure Project (PNIR), part of which is already under way;

•Programme for the Development of Agricultural Sub-sectors and Improvement of their Competitiveness;

•Programme for the Intensification and Diversification of Agricultural Products;

•Programme for the Strengthening of Food Security;

•Programme for the Promotion of Loans and Financing for the Rural Sector;

•Programme for the Management of Natural Resources to Ensure Sustainable Development;

•Contribution to the finalization and implementation of local development plans.

275.In addition to these programmes, which are funded in part by the World Bank, there are many projects co-financed by the State and its bilateral and multilateral partners, including the following:

•IFAD (PDZL, PDR San, FODESA);

•FAO (SPFS, Yélimané development, emergency assistance to refugees from Côte d’Ivoire);

•WFP (Country Programme 2003–2007);

•UNDP (PDIZL Tonka, ACODEP);

•The World Bank (PASAOP, PNIR, APROFA);

•The European Union (VRES, PRODEC, PRODESS);

•The French Development Agency (AFD) (PASE, PDISR);

•USAID (sustainable growth);

•The Arab funds (GOUBO, SAOUNE, PAPIV, PDIAM, PMB, PDAM);

•The West African Development Bank (BOAD) (PDZL, PDR San, Office of Niger);

•The African Development Bank (BAD) (PADER, PAPIM, Dayes Amadia Koriomé, PAFISEM);

•The German Agency for International Cooperation (GIZ) (PISA, PRBP …).

276.These projects cover all areas of development, including:

•Research;

•Training;

•Hydro-agricultural development;

•Rural roads;

•Micro-finance;

•Water management;

•Rural development;

•Decentralization;

•Animal husbandry;

•Fishing and fish-farming.

277.Additional efforts are still needed to improve the realization of the right to food for all in Mali. Factors underlying this situation include the volatility of production associated with extreme climate variability, growing demand and the opening of markets to foreign countries. The increase in prices is the main risk affecting the food security of net consumers with low purchasing power living in extreme poverty.

278.The lack of State resources to finance certain investments and the progressive erosion of official development assistance also contribute to preventing certain layers of the population from realizing this right. For a low-income food-deficit country such as Mali, exercise of the right to adequate food calls for substantial support from the international community in order to safeguard agricultural production and ensure that rural communities have sufficient income to alleviate their poverty. Unfortunately, all these constraints are compounded by heavy agricultural subsidies that result in a drastic erosion of commodity prices and reduce the slim hopes of our rural inhabitants.

Right to adequate housing

279.In relation to housing, the Government of Mali has undertaken a number of actions:

•As part of the effort to promote housing, following the establishment in 1961 of the Société d’Equipement du Mali (SEMA), the First Republic established the National Housing Fund (FNL) in 1967 within SEMA, a body to which every employer had to pay 1 per cent of payroll costs. This measure was designed to generate resources to subsidize SEMA’s programmes in order to make them accessible to the target populations;

•The Ministry of Housing developed Mali’s National Housing Strategy, which was adopted by the Government in October 1995 and which recommended the establishment of a housing bank and the transformation of the National Housing Fund into the Mali Habitat Office. These financing structures for the housing sector were introduced in 1996.

280.The following texts were drawn up in the context of the establishment of the National Housing Strategy:

•Act No. 99-040/AN of 10 August 1999, governing property development;

•Decree No. 00-274/P-RM of 23 June 2000 establishing the procedures for the allocation of benefits to real estate developers;

•Decree No. 00-275/P-RM of 23 June 2000 on the establishment, remit and functioning of the National Commission on the eligibility of housing programmes for benefits under the law governing property development.

281.This period also saw the following developments:

•The establishment of the Mortgage Guarantee Fund, a tool for managing housing loan risks, to enable banks, financial institutions and funding initiatives to make housing loans. This institution was established under the project in support of urban settlements in Mali (PAFHAM);

•The creation of numerous real estate companies that have delivered major housing programmes;

•The delivery of 300 social housing units in Garantiguibougou (Bamako);

•The launch of the “Save our neighbourhood” operation by the Council of the District of Bamako, aimed at the rehabilitation of 24 informal settlements in Bamako to ensure security of tenure for their inhabitants;

•The birth of many housing cooperatives, the most active being the educational and cultural workers cooperative named “SISO”, which has provided its members with some 80 housing units out of a projected programme of 187 with the support of the Mali Housing Office and the Mali Housing Bank;

•The establishment of the Real Estate Transfer Agency (ACI) originally set up to sell plots at Baco-Djikoroni under Mali’s second urban development project. Today, this agency has become a developer, auctioning plots of land mostly in Bamako;

•The Urban Development and Decentralization Project (PDUP), funded jointly by Mali and multilateral (World Bank) and bilateral (France, Germany, Japan, etc.) partners and based at the Ministry of Housing, is focused mainly on improving the provision of sustainable urban infrastructure by the municipalities, in partnership with the Government, the private sector and communities;

•The programme of 3500 social housing units in Bamako and the regions.

Detailed statistical information on the housing situation in Mali

282.The National Housing Strategy adopted in 1995 highlighted a need for 120,000 housing units in Bamako and 115,000 in 14 secondary cities, i.e. about 23,500 housing units per year for the period 1995–2005.

283.In 2015, the number of new households that will be formed is estimated at 176,000, i.e. 127,713 in Bamako and 48,257 in secondary cities.

284.With regard to the demand for housing by Malians living abroad, it has been estimated at 732,328 units for the same period.

285.In the area of housing construction, the numbers are difficult to assess with regard to completions by companies and private individuals. At the State level, a total of 7500 social housing units, occupied by 40,000 inhabitants, was completed between 2002 and 2011. In 2011, the number of unsatisfied requests for dwellings was estimated at 15,000. Similarly, specialist simulations put the housing needs in the approaches to 2015 at 440,000 units.

286.In addition, the Real Estate Transfer Agency completed the servicing of 1779 hectares of land between 1997 and 2005, corresponding to 26,595 building plots. To this area must be added those of property developers and of the Société d’Equipement du Mali.

Assessment of financing needs

287.Ongoing housing programmes undertaken by real estate developers represent some 4417 housing units. The State is also endeavouring to complete 1,500 housing units in order to reach the 2007 target of 3,500 units.

288.These completions must be accompanied by the construction of large administrative, commercial, health and educational facilities and all the necessary infrastructure development.

The proportion of vulnerable and disadvantaged groups with regard to housing

289.The proportion of inhabitants concerned by this question is 63.8 per cent of the urban population of Mali (source National Housing Strategy).

290.Access to land and property is beyond the financial reach of this low-income population group (with a revenue of between CFAF 20,000 and CFAF 50,000). This population generally lives in rented accommodation in cities or else finds shelter in informal settlements (makeshift housing).

The number of homeless individuals and families

291.In Mali, every household is accommodated. The accommodation may vary in standing and viability depending on the location and the income level of the owner or household.

292.However, only a negligible proportion of the population in urban areas is not housed, in particular certain social groups consisting of persons with disabilities and street children or those living on the streets. Reception and accommodation centres are unable to meet existing needs.

The number of individuals and families currently inadequately housed and without ready access to basic amenities such as running water, waste disposal, sanitation facilities, electricity, postal services

293.Overall, a large part of the population does not have adequate shelter or full access to basic social services. However, investments are currently in progress, in particular through the Kabala project and programme for the mobilization of water resources.

294.The situation is currently as follows:

Access to social services	Year 1996	Year 2004
The national rate of access to drinking water in Mali	10.2%	12%
Rates of access to drinking water in the urban population	37.3%	63%
Percentages of households connected to the power grid among the general population	8.8%	16.80%
Percentages of households with sanitary facilities in Bamako		86%
Rate of adequate sanitation facilities in Mali		8%
Rate of adequate sanitation facilities (latrines) in Mali	51.1%	92%
Garbage collection rates		11.88%

Source : EDM SA (power supply company) and SOMAGEP SA. (water supply company ).

•Number of electricity subscribers in Bamako in 2011: 177,876;

•Number of electricity subscribers in 2011 in urban centres in Mali: 261,005;

•Number of drinking water subscribers in 2011 in Bamako: 77,790;

•Number of water supply customers in 2011 in urban centres: 131,641.

295.Malian legislation recognizes and guarantees the right to property. Damage, in the event of expropriation, is always compensated.

296.Since 1992, Mali has adopted and implemented a programme entitled “Save our neighbourhood”. The aim is to rehabilitate informal settlements in the city of Bamako. At the end of the operation in 1998, 18,989 heads of households were affected by evictions on various grounds. On that occasion, the State made available to each municipality concerned plots of land for the resettlement of those evicted.

297.According to the National Housing Strategy, the housing expenses of 36.4 per cent of persons are above the officially declared acceptable limit as regards the ability to pay or as a proportion of income.

298.Studies and findings on the supply of and demand for housing indicate that, taken as a whole, the housing supply meets only 20 per cent of demand. Taking the recent case of 1,008 and 525 social housing units, a total of 4,142 and 5,321 applications respectively remained unsatisfied out of the 5,150 and 5,846 registered applicants.

299.According to an estimate by the Commission for the Allocation of Social Housing, some 20,920 people currently live in publicly subsidized housing.

The programme for the construction of 3,500 social housing units in Bamako and the regions

300.Recognising that 50 per cent of the urban population lives in rented accommodation, the Government has initiated a programme for the development of 3500 social housing units throughout the country.

301.The programme has encompassed four phases:

•The first involved the construction of 1,008 social housing units in Bamako between 2003 and 2004;

•The second saw the completion of 525 housing units between 2004 and 2005, of which 320 were in Bamako, 120 in Ségou, 50 in Gao and 28 in Kidal;

•The third phase involving 880 homes was conducted between 2005 and 2006. Bamako received 501 housing units, 76 were constructed in Kayes, 20 in Nioro, 20 in Kita, 30 in San, 145 in Mopti, 20 in Bandiagara, 33 in Timbuktu, 20 in Goundam and 15 in Diré;

•The last phase of 3500 social housing units has been completed. In 2007, 1,081 homes were constructed, including 759 in Bamako, 27 in Koulikoro, 20 in Kati, 120 in Sikasso, 30 in Koutiala, 20 in Bougouni, 50 in Ségou, 35 in Gao, 10 in Ansongo and 10 in Ménaka.

302.Information on all legislation affecting the realization of the right to housing:

•The Constitution of the Republic of Mali;

•Ordinance No. 00-27 of 22 March 2000 establishing the Property Code and its implementing decrees;

•Act No. 01-76 of 18 July 2001 governing cooperative societies in the Republic of Mali;

•Act No. 01-105 of 10 December 2001 on housing finance;

•Act No. 02-016 of 3 June 2002 establishing the general regulations on urban planning;

•Decree No. 130/P-RM of 29 August 1967 establishing the procedures for fixing rental ceilings on buildings;

•Decree No. 146/PG-RM of 27 September on control of the rents charged on residential premises in the Republic of Mali;

•Decree No. 0-247/P-RM of 23 June 2000 laying down the procedures for the granting of benefits to property developers;

•Decree No. 00-275/P-RM of 23 June 2000 on the establishment, remit and operating procedures of the National Commission on the Eligibility of Housing Programmes for Benefits under the Law Governing Property Development;

•Decree No. 04-607/P-RM of 30 December 2004 establishing the procedures for implementing urban planning schemes;

•Decree No. 05-113/P-RM of 9 March 2005 establishing the specific rules applicable to different categories of easements in urban planning;

•Decree No. 05-114/P-RM of 9 March 2005 laying down the procedures for realizing, managing and standardizing urban infrastructures;

•Decree No. 05-115/P-RM of 9 March 2005 on the procedures for realizing the various types of urban operations;

•Decree No. 05-340/P-RM of 25 July 2005 laying down the regulations applicable to urban public amenities.

303.Information on all other measures to realize the right to housing:

•Encouragement of “enabling strategies” whereby local organizations and the informal sector can build housing and the related infrastructures;

•Construction of housing units and increased construction of affordable rental property;

•Adoption and implementation by the Government of a social housing scheme for the period 2003–2007 for low- and middle-income populations;

•Implementation of the project on urban development and decentralization, with the support of the World Bank;

•Encouragement of the creation of small and medium-sized urban centres, especially in rural areas;

•Provision of water services, implementation of local development projects and development of road infrastructures and social and community facilities;

•Increased telephone and television coverage in the country.

304.Any difficulties encountered in the fulfilment of the rights concerned:

•Lack of financial, material and human resources;

•Low literacy rates among a large part of the population;

•Low level of education, training and information among many people.

305.Consent to marriage: in accordance with the Persons and Family Code (CPF), there is no marriage without consent.

Right to the continuous improvement of living conditions

306.A Ministry of Social Development, Solidarity and the Elderly has been created for this purpose.

307.Social development is a cross-cutting subject concerning various sectors. However, it should be noted the social sector in Mali has been positively influenced by major events such as the Copenhagen Summit on Social Development; the Madrid World Assembly on Ageing; the Beijing World Conference on women’s right to and participation in development; and the World Summit for Children in Geneva.

308.Having regard to these events, and taking into account the phenomenon of social mobility, the Ministry responsible for social development is focusing its efforts on the following aspects: health, education, environment, access to drinking water, employment, welfare, the fight against poverty, social exclusion and social protection.

309.The various measures taken may be summarized thus:

•Establishment of the Community Health Association (ASACO);

•Mobilization of local resources and populations for the construction of the Community Health Centres (CSCOM);

•Support for the construction of school infrastructure (community schools, literacy centres, centres for early childhood development);

•The development and implementation of the social housing initiative (test programme for low-income persons);

•Support for the implementation of projects to combat social exclusion and poverty, such as:

•Project in support of basic initiatives (PAIB) (in the regions of Sikasso, Ségou and Mopti);

•Community-based rehabilitation project (RBC) (nationwide);

•Poverty reduction project (PRP) (in the regions of Kayes and Koulikoro);

•“Equip ourselves to overcome poverty” project (in the prefectures of Kadiolo and Yorosso in Sikasso);

•Urban social development (DSU) (in the six communes of Bamako District, the communes of Mopti and Gao and the town of Koutiala in Sikasso);

•Creation of an institute for studies and research in gerontology and geriatrics;

•Support for vulnerable sectors: the elderly; persons with disabilities; single women heads of household; children in difficult circumstances unemployed graduates; financing of small income-generating projects; medical care; support for schooling; financing of skills training;

•Development of human resources (establishment of the National Training Institute for Social Workers (INFTS);

•Institutionalization of the month of solidarity and the fight against exclusion in 2001 (October);

•Holding of the first conference on social development in Ségou on 17–20 July 2001;

•Support for the establishment of the Groupe Pivot Développement Social and the Malian National Council for the Elderly;

•Support for the activities of PRODESS (Health and Social Development Programme);

•Establishment of the Malian Solidarity Bank (BMS);

•Establishment of the National Solidarity Fund (FSN), replacing the Social Development Agency (ADS);

•Restructuring of the Observatory for Sustainable Human Development (OHDR).

310.Implementation of the International Covenant on Economic, Social and Cultural Rights by the Department of Social Development has suffered, however, from the lack of financial commitment by partners.

311.Financing of the social sector is weak compared to other sectors. However, efforts are proceeding. The observation is relevant to the implementation of PRODESS. This situation arises from the difficulty of evaluating interventions in the social field and the legibility of social indicators.

312.The idea of establishing a consular service in countries with a large Malian community put forward by the Department has yet to be followed up.

313.Yet the establishment of this service would undoubtedly promote better understanding of the problems of Malian immigrants, facilitate their integration and provide supervision and support for Malians in countries in crisis.

314.In this context, the Government of Mali intends to strengthen its action by:

•Developing a sectoral plan accompanied by visible activities;

•Updating the social information system;

•Providing an additional input of Heavily-Indebted Poor Country resources.

Article 12: The right to health

315.With regard to the implementation of article 12 of the Covenant, the Government of Mali has launched and implemented various projects and programmes to meet the basic health needs of the population. The latest programme is the Health and Social Development Programme (PRODESS), which is the first phase of the Ten-Year Health and Social Development Plan (PDDSS).

316.Mali, through PDDSS and PRODESS adopted in 1998, has taken a very important step towards addressing the health and social problems of the Malian people.

317.The plan is the fruit of long reflection. The identified priorities are aimed at reducing the morbidity, mortality and social exclusion linked to major diseases in Mali. The Government is willing to devote significant efforts to this end.

318.The overall and specific objectives of PDDSS and PRODESS take account of the various topics identified in article 12 of the Covenant.

Main activities planned and some results achieved

319.The Government, through the implementation of the Health and Social Development Programme and the first phase of the Health and Social Development Plan, has undertaken activities that have enabled it to achieve certain indicators. These indicators measure the state of health of certain categories of target group over a given period of time. Mali’s recent demographic and health survey conducted in 2001 provides information in that regard.

Mortality

320.Mortality rates (infant, infanto-juvenile, juvenile and maternal) evolved between 1995–1996 and 2000–2001 in the following manner:

•Infant mortality (less than one year): 113 deaths per 1,000 live births in 2000–2001 compared to 123 deaths per 1,000 live births in 1995–1996;

•Infanto-juvenile mortality (less than five years): 225.9 deaths per 1,000 live births in 2000–2001 compared to 237.5 deaths per 1,000 live births in 1995–1996;

•Juvenile mortality (over one to four years): 128.3 deaths per 1,000 live births in 2000–2001 compared to 131.1 deaths per 1,000 live births in 1995–1996;

•Maternal mortality has been estimated at 582 deaths per 1,000 live births in 2000–2002.

Healthy development of child and mother

321.The Ministry of Health developed some years ago an expanded immunization programme (PEV) under which all children should receive the BCG vaccine before the age of one.

322.The initial aim was to vaccinate 80 per cent of children aged 0 to 6 against six target diseases (diphtheria, tetanus, whooping cough, poliomyelitis, tuberculosis and measles) and 80 per cent of pregnant women against tetanus.

323.The objective for the anti-tetanus vaccination, initially focused on pregnant women, was extended to include women of reproductive age (15–49 years) with a view to eradicating neonatal tetanus.

324.National Immunization Days against polio have been organized every year since 1997. The aim is to vaccinate children between the ages of 0 and 5 against the disease. Immunization being a right for every child, the Department of Health is strongly committed to initiatives in this regard with the support of partners and the international community. These include:

•The Vaccine Independence Initiative under which all vaccines for a routine expanded vaccination programme are purchased with funding from the State budget;

•The Global Alliance for Vaccines and Immunizations (GAVI) aimed at strengthening routine immunization services and introducing new vaccines (hepatitis B, haemophilus influenza), etc.;

•Performance contracts under way in some circles in the Kayes, Sikasso and Mopti regions.

325.In 2005, the Government introduced Caesarean sections free of charge.

Hygiene and sanitation

326.Mali is supported by several institutions for the introduction of its hygiene and sanitation policy aimed at reducing health risk factors, poor hygiene and environmental problems.

327.A number of actions have been carried out in this regard:

•Training of social and health personnel in hygiene and sanitation in the context of the least developed countries;

•Control of drinking water quality;

•Introduction of hygiene education in basic education curricula;

•Promotion of sanitation facilities in families, schools and health facilities, and implementation of an integrated approach to communication;

•Development of hygiene and sanitation standards and procedures;

•Training of community workers and teachers operating in the fields of functional health in hygiene and sanitation;

•Developing the skills of local masons in techniques for constructing personal sanitation facilities;

•Monitoring the quality of foodstuffs;

•Building the capacity of communities to identify and tackle the problems of hygiene and sanitation;

•Development of national strategies in the area of health and hygiene and implementation of a system for sustainable management of biomedical waste.

Improved hygiene in 20 pilot food processing units

328.In the framework of cooperation with the United Nations Industrial Development Organization (UNIDO), the Ministry of Industry and Trade through the National Directorate for Industries has been implementing since 2000 a food quality and safety programme, a core component of which seeks to strengthen good hygiene practices in 20 Malian pilot agri-food enterprises.

Combating disease and epidemics

329.In order to significantly reduce the morbidity and mortality related to specific priority diseases, the Government has strengthened some programmes with the support of its partners. Most of these specific programmes, “vertical” initially, are almost all integrated on the ground in the fight against the disease. These include programmes to combat leprosy, tuberculosis, blindness, iodine deficiency disorders (IDD), schistosomiasis, malaria, HIV/AIDS/STI and the national programme to eradicate guinea worm disease.

330.The results of some of these programmes have been very encouraging. Following the national survey conducted from December 1991 to March 1992, the establishment of the intersectoral group on Guinea worm eradication in Mali and the launching of the related programme in April 1993, the results obtained were as follows:

•The regions of Kayes, Koulikoro, Sikasso and Bamako ceased to be endemic two years ago;

•The number of cases in the Ségou region decreased from 277 in 1992 to 8 in 2000, while in Mopti it fell from 9,154 cases in 1992 to 71 in 2000;

•In the regions of Timbuktu and Gao, the number of cases totalled respectively 80 and 131 in 2000.

331.Concerning leprosy, the point prevalence rate declined in late 2000 from 11.82 per 10,000 to 0.69 per 10,000 in all regions through the introduction of multidrug leprosy treatment and the launching in 1999 of the national campaign for the elimination of leprosy.

332.The number of registered patients fell from 13,737 in 1992 to 1,032 cases at the end of 2000 and to 727 cases at 30 April 2001.

333.Malaria is the leading cause of mortality, accounting for 13 per cent of deaths, the leading cause of morbidity with 15.6 per cent of cases in the general population and the leading cause of anaemia among children aged 0–5 years and pregnant women.

334.Regarding the use of services, malaria is the leading cause, accounting for 33 per cent of consultations. In the rainy season, 80 to 90 per cent of children aged 0–5 years carry the Plasmodium parasite. That is why the Health and Social Development Programme gives priority to the fight against malaria. Measures taken in this regard include:

•Development of a national policy to combat malaria in December 2000;

•Adoption of the “Roll Back Malaria” initiative, involving strong mobilization of policymakers (President of the Republic, members of the Government, elected representatives), technicians and financial partners;

•Preparation of the five-year strategic plan for the implementation of the “Roll Back Malaria” initiative;

•One of the priority areas of the initiative is the promotion and provision of impregnated mosquito nets and other devices;

•In the fight against AIDS, emphasis has been placed on prevention through awareness-raising campaigns throughout the country: they include the Youth against AIDS caravans, the Train of Hope, the “Roulez Protégés” programme and the anti-AIDS Week and National Day;

•The epidemiological situation is characterized by a seroprevalence rate of about 1.7 per cent for the total population, according to the third Demographic and Health Survey (2000–2001).

335.The main lines of approach in the fight against AIDS involve the following:

•The programme of access to antiretroviral drugs was launched by the Government, and differential pricing agreements have recently been signed with pharmaceutical firms with the aim of making the drugs more accessible;

•The Malian initiative on access to antiretrovirals (IMAARV) came into being in the context of the agreements in principle between pharmaceutical companies and agencies of the United Nations system on accelerating access to care. An appropriate framework is in place;

•The “One Circle, One NGO” initiative has strengthened the Government’s commitment in the fight against AIDS to ensure better coverage of the country in terms of prevention and care.

336.As part of the active and forward-looking management of epidemics, the Government initiated a pre-positioning of vaccines, medicines and other items on the State budget for the first time in 1994. This measure, aimed at strengthening the capacity of health and social health to respond quickly to outbreaks, covers the whole country.

•Action committees are being set up in all regions and c e rcles in order to manage epidemics better;

•Information and sensitization micro-programmes have been developed through the media (radio, television, newspapers, etc.).

Actions in support of structures and services

337.Following the adoption of a master plan and master list of equipment by level of structure, application of the various intervention programmes has yielded some positive results in the various care facilities.

338.These actions have resulted in:

•The construction and rehabilitation of 559 community health centres, including in the Northern regions;

•The refurbishment/renovation of 31 first-level health centres in the North of the country as part of a short-term action plan to support the Northern regions before 1998;

•Most health centres and hospitals benefited from rehabilitation and renovation work, taking into account the reorganization of the referral/evacuation system, with the perinatal services as entry point;

•Strengthening of the technical platform of community health centres (CSCOM) and referral structures (CSCREF and hospitals);

•Establishment of a vehicle fleet to enable teams in outlying areas to perform their advanced strategy and supervisory activities effectively and to ensure that central and regional structures are properly equipped to fulfil their technical support, monitoring and supervisory functions.

339.In the framework of hospital reform, three key areas have been identified:

•Ensuring the financial and managerial autonomy of national hospitals by raising them to the rank of public administrative bodies;

•Establishing a dynamic for worker participation in management;

•Making senior management accountable;

•Developing an institutional plan for each hospital, based on patient-oriented goals and investment planning in the medium and long term.

Measures in support of pharmaceutical reform and the supply of medicines

340.Important measures, in addition to institutional ones, including the establishment of the Department of Pharmacy and Medicines. They include:

•Drafting, adoption and implementation of a national pharmaceutical policy and the master plan for the supply and distribution of essential drugs;

•Creation of an essential drugs depot in the Division of Communication and Information (DCI) in all functional health services;

•Expansion of the capacity for production of massive solutes at the Malian Pharmaceuticals Products Factory (UMPP) in response to needs;

•Equipping UMPP with materials for the packaging of tablets;

•Equipping and training staff at the National Health Laboratory to undertake its quality control missions in Mali (medicines, food products, vaccines, water and beverages, etc.);

•Opening up of UMPP’s capital to transform it into a limited company.

Constraints

341.The constraints are of several kinds. They include:

•Lack of sufficient numbers of qualified health personnel at the operational level;

•Low output capacity of health schools;

•Instability of staffing in community health centres;

•Low level of proficiency of officials responsible for immunization in community health centres and referral health centres;

•Outdated cold chain and vaccine logistics;

•Decline in the level of social mobilization overall and around the Expanded Programme on Immunization (EPI) in particular;

•Difficulties faced by executive structures in mobilizing financial resources due to cumbersome procedures and their impact on absorption capacity;

•Inadequate resources for strengthening baseline technical infrastructures, in particular hospitals for developing complementarity in the health pyramid;

•Lack of control over partner contributions and unsuitability of programming cycles;

•Weak hospital funding commitments.

342.It should be noted that a national strategic plan for mental health (2002–2006) has been in existence since May 2002, but has yet to be effectively implemented.

343.Mali has yet to submit a report to the World Health Organization on the situation in the health sector, but annual reports prepared by the Ministry of Health are available through the monitoring bodies of the Health and Social Development Programme (Technical Committee, Follow-up Committee). These reports are validated and approved with the participation of all the technical and financial partners of the Health and Social Development Programme.

344.The ratio of the health budget to the State budget was 6.68 per cent in 2005 (source: Administrative and Financial Division of the Ministry of Health).

345.Life expectancy at birth is 62 years (ED III Mali 2001).

346.In 2004, the accessibility rate for health centres within a radius of 5 km was 48 per cent (source: 2nd monitoring and evaluation report on the public health component of the Strategic Framework for Poverty Reduction for 2003 and 2004, Final Draft).

347.The availability rate for medicines in the basket in 2002 was 87.3 per cent for the public sector (PRODESS II).

348.The coverage rate for pre-natal consultations was 75 per cent in 2004 (source: 2nd monitoring and evaluation report on the public health component of the Strategic Framework for Poverty Reduction for 2003 and 2004, Final Draft).

349.The rate of assisted births was 52 per cent in 2005 (source: health component of the Poverty Reduction Strategy Paper, 2003 and 2004, final draft).

Article 13: The right to education and to the full development of the human personality

350.Sectoral analysis of economic, social and cultural rights can only be meaningful if account is taken of “basic human needs”, since capacity development of the Malian population remains a major challenge for the State. Indeed, despite undeniable progress, most of the country’s social development indicators reveal serious weaknesses and shortcomings, notably in the field of education. Despite the weak capacity of the State, the right to education is recognized in Mali.

The right to education

351.The Constitution of 1992 recognises the right to education by affirming in article 18 that “Every citizen shall have the right to education. Public education shall be obligatory, free and secular. Private education shall be recognized and exercised within the conditions specified by law”.

352.The challenges in implementing this right are essentially linked to those facing the State already under strain from several years of structural adjustment and widespread poverty among the population. Despite its limited resources, our country has made significant progress in the past decade with regard to the right to education.

353.The Ten-Year Programme for the Development of Education (PRODEC) is a response to the actions advocated in the Covenant in the field of education.

354.Education is democratic Mali’s priority of priorities, hence the choice of restructuring the education system. The Ten-Year Programme for the Development of Education 1998–2008 is the translation of this choice into practice.

355.Indeed, unlike the 70s and 80s when the Malian education system suffered from a lack of vision in policy formulation and strategy development because of the serious political, economic and social crises confronting the country, the 90s represented a major turning point with regard to the design, planning and implementation of major reforms and educational and pedagogical innovations.

356.Institutional reform: this involved the establishment of new entities in charge of education such as the Ministry solely concerned with basic education in 1992. The Ministry oversaw the creation of:

•The National Directorate of Basic Education;

•The National Directorate of Non-formal Education and National Languages;

•The National Directorate of Pre-School and Special Education;

•The National Directorate of Pedagogy;

•The Directorate of Finance and Administration;

•The Planning and Statistics Unit;

•The Unit for the Decentralization and Devolution of Education;

•The Malian Academy of Languages;

•The Directorate-General of Human Resources;

•The National Centre for School Canteens;

•The National Directorate for Teacher Training.

357.The promotion and use of national languages in education: this task was assigned to the Ministry of Education by Decree No. 93-107/P-RM of 16 April 1993. On the basis of successful experiments since 1987 with the introduction of national languages through a convergent pedagogy, the Government decided to move progressively from the start of the 1994/95 school year towards the generalized introduction of this pedagogy involving the teaching of national languages alongside French. The approach has now been introduced in 678 classes in 241 schools.

358.Promotion of local education alternatives: with the support of technical and financial partners and NGOs, the past decade has been strongly marked by the emergence of different types of schools, such as community schools, village schools and Development Education Centres (CED). These schools are self-managed and enjoy the active support of local communities. They usually recruit school dropouts or out-of-school children between the ages of 9 and 15. The curricula in these schools are adapted to local realities. Through the adoption of Act No. 94-032 of 25 July 1994 on the status of private education and its implementing decrees, the Government of Mali provided a legal framework for these types of schools to flourish.

359.Double shift (double flow) schooling: this practice enabled some 67,000 additional children to attend school during the 1995/96 school year. In 1997/98, 11,682 classrooms used double shifting, i.e. 21.1 per cent of classrooms in the first cycle of basic education.

360.Another practice is that of multigrade teaching in rural areas with low school enrolment.

361.Massive recruitment of contract teachers: the recruitment of contract teachers was initiated by the Government in 1992 to address the shortage of teachers. This system has enabled over 3,303 young graduates at the primary level to be recruited on a part-time basis with the support of technical and financial partners and national and local budgetary resources.

362.Computerization of the system for the management, monitoring and supervision of the education system at all administrative levels.

363.Development of the partnership system in school management: partnership as a forum for dialogue has been formalized since December 1993 through regular bilateral and multilateral meetings of all school stakeholders around the major issues facing Malian schools.

364.Decentralization of the management of the education system is taking shape and making headway despite some difficulties. The transfer of skills and resources to decentralized structures is increasingly a reality.

365.Education for citizenship, democracy, human rights and peace is taking its place in the school curriculum. This innovation aims to support the nascent democracy in Mali by infusing pupils with concepts and attitudes of tolerance and respect for human rights at the national and international level. It should also serve to promote the culture of peace among young Malians, the adults of tomorrow. One of the fundamental articles of the Universal Declaration of Human Rights stipulates that education should contribute to the strengthening of peace and mutual understanding among all peoples. True to its tradition as a peace- and justice-loving people, Mali has developed new curricula that will treat the following aspects:

•Strengthening of the Associated Schools Project enabling young Malians to get to know young people throughout the world through an organized system of student exchanges;

•Development of the policy of clubs of the United Nations system, such as the UNESCO clubs, to further understanding of the universal values of solidarity, tolerance and humanism underpinning international institutions;

•Introduction of the history of the major world civilizations in school curricula; This will highlight our common human identity and the cultural kinship of the peoples of the world;

•Institutionalizing the system of summer camps to enable the children of Mali to travel, to mingle with children from around the world, to get to know and love them and to live with them in peace and mutual respect in the twenty-first century;

•The strengthening of moral, civic and human rights education in the school curriculum.

The main issues and challenges in the twenty-first century

366.Despite the remarkable progress made over the past decade, many problems and challenges remain. The 69 per cent enrolment rate is still low compared to the Sub-Saharan average of approximately 80 per cent. Mali remains a country with very low school attendance.

367.Problems that have constituted real bottlenecks over the past decade include:

•The abolition of the National School Planning Directorate in the early 90s and the absence of a strategic, i.e. long-term, vision of national education policy. On-sight navigation has been predominant for many years. Mali had to await the creation of a new statistical and planning cell in the mid-90s and the development of the Ten-Year Programme for the Development of Education in 1998 in order to break with this dangerous approach to management of the education system;

•Lack of training in school administration, particularly in the areas of management and leadership. The education system has suffered from the absence of a training institution in this field. Indeed, most of the officials responsible for guiding the system lack sustained training in school administration and in the management of education resources;

•Aid conditionalities imposed by certain donors: for example, under the Ten-Year Basic Education Programme (PDEB) and the Education Sector’s Structural Adjustment Programme the Government’s, efforts have often been limited by certain conditionalities relating to management of the flow of pupils and teaching staff;

•Debts and debt servicing: reimbursement and debt servicing represent huge costs, which could restrict future investments in the education sector if they are not reduced to reasonable proportions;

•The challenges of regional integration and globalization make it necessary to design and implement relevant programmes and projects for the development of the education system in order to make the products of Malian schools more competitive in the international labour market;

•Demographic challenges: the population growth rate of 2.8 per cent and the composite fertility index of 6.7 contribute significantly to the increase in pupil numbers whereas school infrastructures develop slowly.

368.The lack of school infrastructures together with swelling pupil numbers in schools can adversely affect the quality of education and the internal efficiency of the system.

369.In the area of non-formal education, the phenomenon of illiteracy remains a concern in Mali despite the efforts made. Indeed, according to the 2006 and 2010 light household surveys, the percentage of the population aged 15 and over unable to read and write in any language rose from 4,738,501 to 5,035,502, an increase of about 5.89 per cent in five years. In addition, access to skills training by non-formal education target groups is a continuing concern. Less than 10 per cent of teaching staff in the Development Education Centres (CED) have received vocational training and the system as a whole has only four Women’s Apprenticeship Centres (CAFE).

370.Primary education in Mali is the basic educational provision, consisting of two cycles of 6 and 3 years. The measures currently in progress are:

•Increases in the number of schools (buildings and equipment) to bring schools closer to beneficiaries: the State provides populations with school infrastructures and equipment (classrooms, school furniture, computer equipment, laboratories, libraries) In the framework of the National Education Sector Investment Programme (PISE), the State provided the public with 1,818 classrooms from 2002 to 2005;

•Recruitment of teachers to overcome staff shortages;

•Increases in the number of teacher training colleges to improve the quality of education and learning: 20 colleges were created by the State before the end of 2014 to provide initial training, while scholarships were granted to student teachers during their study programme;

•Improvement in teacher salaries; Free provision of textbooks and teaching materials: from 2002 to 2005, the Ministry of Education distributed 11 million textbooks free of charge in primary schools; Implementation of compulsory education is stipulated in article 6 of the Framework Act.

Constraints

371.The recruitment of contractual staff through the alternative strategy, while partially meeting staffing needs, poses the problem of the professional qualifications of this category of teachers.

372.Despite the growing number of teacher training colleges, the need for quality teachers remains considerable.

373.With regard to infrastructures, supply remains inadequate in view of the growing demand for education.

374.The provision of textbooks, although significant, has not yet achieved the books/pupil ratio expected, which was 2 for the first cycle and 4 for the second cycle in 2004.

Prospects

375.The development of infrastructures, equipping of schools, provision of textbooks and teacher training and recruitment are planned and will be strengthened under the Education Sector Investment Programme.

376.The Government has established an interim programme aimed at revitalizing education in 2014–2015, increasing access and improving the quality of learning and learning environments.

377.The programme has three main components:

•Component I — Improve the quality of teaching/learning at the levels of basic and secondary education to enable students to continue their studies or take their place in working life:

•This component aims to: (i) improve the scores of primary-school pupils in reading, writing and mathematics, (ii) sustain pupil gains in French as a learning tool and subject of learning, and (iii) promote attempts to guide students towards technical and/or scientific courses;

•Component II — Improve access through the implementation of a policy of enrolment of girls at all levels of education, the development of non-formal education, the creation of school infrastructures and the evaluation and certification of private education institutions at preschool, basic and secondary levels:

•This component aims to: (i) increase access through the construction, equipping and/or reconstruction/rehabilitation of physical structures, (ii) stimulate demand for education, particularly by girls and women, (iii) select the best institutions to assist in the provision of educational opportunities;

•Component III — Strengthen administrative capacities and monitoring of the education system:

•This component aims to improve information, management/planning and monitoring/evaluation systems within the education system including education in emergency situations.

378.In the area of non-formal education, the phenomenon of illiteracy remains a concern in Mali despite the efforts made. Indeed, according to the 2006 and 2010 light household surveys, the percentage of the population aged 15 and above unable to read and write in any language rose from 4,738,501 to 5,035,502, an increase of about 5.89 per cent in five years. In addition, access to skills training by non-formal education target groups is a continuing concern. It should be noted that less than 10 per cent of teaching staff in the Development Education Centres (CED) have received vocational training and the system as a whole has only four Women’s Apprenticeship Centres (CAFE).

Secondary education

379.Secondary education is generally available in Mali. There is at least one public high school in each of the eight regional capitals, one in eighteen out of the forty-nine ce rcles and the city of Markala. The District of Bamako has twelve public high schools.

380.Secondary education is open to all students holding the basic education diploma (DEF) or an equivalent diploma meeting the streaming criteria.

381.It is also free: the State equips public institutions with textbooks and school supplies and pays the school fees of pupils steered towards the private sector.

382.In 2003, the cost of tertiary education studies was estimated at CFAF 386,199 annually.

Measures that have been taken to establish a system of fundamental education for those persons who have not received or completed the whole period of their primary education

Current situation

383.The Government has developed and implemented a strategy for taking charge of the education of children who have dropped out of school at an early stage.

384.Provision is made for these children in educational structures known as development education centres. These children are aged from 9 to 15 years.

385.There are currently 706 development education centres at level 3 and 254 at level 1.

386.The curriculum in the Development Education Centres, which is taught in the mother tongue, includes literacy and numeracy as well as subjects such as history, basic French, geography, agriculture, health, the environment and pre-vocational training.

387.The course in the Development Education Centres consists of a core curriculum with a teaching schedule of 1,420 hours and a pre-vocational training component with a timetable that depends on the trade or craft in question. Accreditation of learning outcomes in the centres is by certificate, equivalency qualification or diploma, depending on the official nomenclature and in agreement with the competent authorities.

Constraints

388.They mainly concern pre-vocational training and the recruitment of teachers, despite the subsidy provided by the State in this regard.

Prospects

389.Managing the growth of the Centres, strengthening existing Centres to cope with the constraints mentioned and providing pre-vocational training are the activities in view.

Information on the percentage of the national budget (or regional budgets) spent on education

390.The clear commitment of the Government to make education one of its priorities has led the authorities to grant it an increasingly large share of the State budget.

391.This rose from 29.54 per cent in 2001 to 30.29 per cent in 2005.

392.To this end, the recurrent budget of the Department increased from CFAF 51,445 billion in 2001 to CFAF 97,450 billion in 2005, an increase of 89.4 per cent.

393.The share of the regional structures rose from CFAF 19,596 billion in 2001 to CFAF 57,676 billion in 2005, an increase of 194.3 per cent.

394.This is consistent with the objectives of the Ten-Year Programme for the Development of Education, which provides for a gradual transfer of financial resources towards devolved/decentralized structures, in accordance with the principles of devolution/decentralization.

395.Measures in progress to ensure equal access to all levels of education include:

•Specific provisions relating to the schooling of girls: organization of remedial classes, promotion of family awareness, creation of a mothers’ association, flexibility in the age of recruitment, award of bonus points in the streaming process (see the report to the Committee on the Elimination of All Forms of Discrimination against Women (CEDAW/C/MLI/1);

•Support to children from needy families;

•Care for children with special educational needs;

•Development of a national policy document to accelerate schooling for girls;

•Programme of the Ambassador of the United States providing scholarships for girls in Gao, Kidal and Timbuktu.

396.These measures have led to:

•An increase in the gross enrolment rate for girls: 59.9 per cent in 2004 compared with 49.9 per cent 2000–2001;

•Retention in school of child-mothers;

•Enrolment of children from disadvantaged backgrounds;

•Integration of children with visual and hearing impairments and the development of children with disabilities;

•In nomadic and semi-nomadic areas and in particularly isolated schools, the State, with assistance from the World Food Programme, provides for the establishment and regular functioning of school canteens.

397.The main constraints concern:

•Cultural impediments to girls’ enrolment and above all retention in school (excessive domestic work, early marriage);

•Inadequate educational recovery provisions.

398.This area is insufficiently explored, for lack of resources.

Prospects

399.It is planned to:

•Adopt and implement the policy for the accelerated enrolment of girls;

•Increase the accommodation capacity of canteens;

•Develop and implement a strategy for better schooling in nomadic and semi-nomadic environments;

•Provide support to local authorities.

Material circumstances of teaching staff at all levels of education

400.The allocation of increased resources to the education sector has resulted, among other things, in a significant improvement in the living and working conditions of teachers, in particular through:

•Increases in the salary scales annexed to Act No. 98-067 of 30 December 1998 on the status of higher education teaching personnel, by Act No. 02-079 of 23 December 2002 and Act No. 00-060 of 1 December 2000 on the status of researchers, and by Act No. 02-080 of 23 December 2002;

•Upward revision in 2004 of the same salary scales for higher education personnel and researchers, duly approved by the Government;

•Signing in 2003 of a protocol raising the salary scales of categories B1 and B2 (including a large number of teachers);

•Implementation of the Solidarity Pact for Growth and Development. In this way, teaching staff at the secondary, basic and preschool levels, who previously had their own statutes, were incorporated in the new general civil service statute, including a salary scale;

•Alignment of the salaries of contract teachers governed by Decrees No. 038/PM of 27 January 2000 and 0306/PM of 4 July 2000 on those of public officials by amendment of the salary scale taking into account the above increases;

•Registration of contract teachers shortly under the above-mentioned Decree No. 306;

•Allocation of special responsibility bonuses to primary and secondary school teachers (Decree No. 05-07/PM of 22 February 2005) amounting to CFAF 818 million in 2004 and CFAF 1.6 billion in 2005;

•Allocation of research allowances to higher education personnel and researchers at an estimated cost of CFAF 170,850 million in 2005.

Proportion of schools at all levels that are not established and administered by the Government

401.In terms of the number of general secondary schools, the public sector accounts for 35.77 per cent (or 39 out of 109). The figure for the private sector was 64,23 per cent (or 70 out of 109) in 2005.

402.In terms of the staff-pupil ratio, the proportion of pupils in the public sector is 63.20 per cent. The figure for the private sector was 36.19 per cent in 2005.

403.Persons wishing to establish a private general secondary school experience no difficulties if their dossiers comply with the provisions of Decree No. 94-276/PM of 15 August 1994 on the procedure for the implementation of Act No. 94-032 of 25 July 1994 on the status of private education in the Republic of Mali.

404.Pupils are channelled or transferred to private general secondary schools in accordance with the yearly budgetary allocation.

Role of international assistance in ensuring the effective exercise of the specified right

405.To ensure the effective exercise of the right concerned, international assistance should continue to provide financial and technical support in the areas of planning, programming, subsectoral policy development, good governance, educational decentralization/devolution, informal (non-formal) education and the analysis of school statistics.

Article 15: Participation in cultural life

406.The Malian authorities have always reflected these concerns in their economic, social and cultural development policy.

407.In this connection, the preamble to the Constitution of the Republic of Mali proclaims the determination of the people of Mali to defend the cultural and linguistic diversity of the national community and to ensure the protection of the environment and the cultural heritage.

408.Article 8 of the same basic law guarantees freedom of artistic and literary creation to all.

409.The resolve of the State to support all initiatives in the cultural field was reaffirmed more strongly with the creation of a ministerial department specifically concerned with culture together with technical bodies such as the National Directorates of Cultural Action (DNAC), the Cultural Heritage (DNPC), the National Library and Documentation (DNBD) and of the National Museum. This was accompanied by the preparation and adoption in 2012 of a document on the cultural policy of Mali.

410.These technical bodies have the task of promoting the arts and culture and stimulating creation.

411.The National Directorate of Cultural Action is specifically responsible for developing and implementing the national policy of Mali in the cultural domain.

412.In practice, activities to promote intercultural dialogue have been initiated through support for:

•The organisation in 2009 of a subregional symposium entitled “The role of banter relationships in promoting social cohesion and peace”;

•International cultural exchanges between private Malian artistic troops and foreign companies;

•The organization of forums on different aspects of culture that promote contacts between Malian and foreign creators;

•The democratization of culture with the establishment of the Malian Federation of Artists (FEDAMA) and the Union of Professional Artists and Editors of Mali (UAPREM).

413.This support has taken various forms — sometimes intellectual, sometimes material and financial:

•Training: training of leaders of the Association for the Revitalization of Community Groups;

•Organisation of days of dialogue with festival organizers, entertainment producers, associations and cultural economic interest groups (GIE) (2008);

•Material: provision of musical equipment to certain private artists and communities;

•Financial: contribution to the financing of certain projects initiated by the private individuals, communities or associations.

414.The Malian Copyright Office was established in 1978 with the principal aim of contributing to the cultural and economic development of the nation through the effective protection of copyright. Since then, Mali has become party to a number of treaties or conventions related to copyright, including:

•The Berne Convention for the Protection of Literary and Artistic Works;

•The 1977 Bangui Agreement establishing the African Intellectual Property Organization (OAPI);

•The WIPO Performances and Phonograms Treaty.

415.Recognizing the role of artists in the life of the nation, the Government has moreover decided to award an annual grant to artists to offset the exploitation of literary and artistic works.

416.Similarly, in order to foster creativity and promote production and distribution, the Malian Copyright Office has established a prize for the best artists and distributors of phonograms as well as creating a website for artists.

Artistic production

417.Handicrafts are unquestionably a form of cultural expression and the promotion of tourism is also a form of valorisation of our culture. Malian tourism is essentially cultural. It is grounded in a rich ancestral heritage embodying elements from the realms of art, folklore, architecture and traditional values.

418.Craft work is also a component of that cultural heritage for which Mali is today renowned, together with the historical sites of Djenné, Timbuktu, Dogon and the Tomb of Askia, inscribed on the UNESCO World Heritage List.

419.With regard to handicrafts, the Government has taken measures to contribute to:

•Organization of the crafts sector through the establishment of chambers of handcrafts;

•Provision of support and advice to craftworkers through the National Directorate of Arts and Crafts, established in 2011;

•Reinforcement of human resource capacities in the sector;

•Promotion of handicrafts through improved product quality and prospecting for new markets;

•Construction of villages and houses for craftworkers;

•Promotion of handicrafts through the organization of fairs across the country (Chris Seydou salon, furniture exhibition, etc.) and the provision of technical and financial support to enable Malians to participate in international events (including the Foire de Paris, the Smithsonian Folklife Festival and the Ouagadougou International Crafts Show, where our artisans have been awarded prizes);

•Establishment of a project, with support from the West African Development Bank, for the development of the handicrafts sector.

420.Moreover, the handicrafts sector has had at its disposal since 2009 a policy document entitled “National Document for Promotion of the Crafts Sector”. It should also be noted that, in the context of the promotion of tourism in Mali, the National Assembly adopted an act establishing the Mali Tourism Office with the essential task of promoting Mali as a tourist destination.

421.These measures are aimed at promoting the handicrafts sector by improving the quality and marketing of products, job creation, etc.

422.However, the Malian handicrafts sector is faced by the serious problem of the training of craftworkers and their access to credit for equipment.

423.With regard to the promotion of Mali as a tourist destination, and thereby the promotion of our culture, the Government through the Malian Tourism Office (OMATHO) has supported virtually all the cultural events that have taken place in our country this year:

•The “Festival in the Desert” at Timbuktu;

•The Hombori, Kidal and Ménaka Festivals;

•A project implemented with the support of UNDP for the protection of the Dogon cultural heritage in Sangha;

•The Masks and Puppets Festival in Markala.

424.At the international level, Malian culture is promoted through fairs taking place in Europe, such as the International Tourism Fair (FITUR) in Madrid and the International Tourism Bourse in Milan.

The role of international assistance in the realization of the rights enshrined in article 15

425.The Pavia Programme (programme supporting the promotion of artistic and cultural initiatives) — and the PSIC Fund (programme aiding cultural initiatives).

Background

426.Between April 2000 and December 2003, the European Commission and the Government of Mali put in place a programme to support the cultural policy of Mali (PAPCM), drawing on the resources of the 8th European Development Fund.

427.The programme resulted in the implementation of major projects, on the initiative of the Ministry of Culture and with the support of the PSIC Fund, for the development of decentralized cultural activities.

428.Following the implementation of the programme, tangible and perceptible indicators emerged of a process having a positive impact on the cultural sector. The PSIC Programme has been the driving force behind a very positive dynamic for the development of cultural activities in the country: as a result, some sixty cultural projects have benefited from European funding. Among these projects, certain expressions have proved to be major cultural events in West Africa.

Aims of the PSIC Programme

429.The overall goal of the programme is to contribute to the cultural development of Mali so as root the cultural sector in a dynamic of economic and social development while promoting, at the national and international level, the richness and diversity of cultural and artistic expressions.

430.The specific objective of the Fund is to provide decentralized cultural actors with the technical and financial support necessary for realizing their projects. It seeks to:

•Develop the different fields of art and culture by bringing to fruition a wide range of projects initiated by various cultural actors (artists, cultural associations, independent private operators, decentralized public authorities, etc.);

•Strengthen the technical and artistic skills of cultural actors.

Amount of funding provided by the contracting authority

431.The overall indicative amount available under this funding opportunity is CFAF 90,200,000. The contracting authority reserves the right not to allocate all the available funds.

Size of grants

432.The maximum grant awarded to an activity under the programme should not exceed CFAF 20 million.

433.Furthermore, a grant may not exceed 90 per cent of the total eligible cost of the activity. The balance must be funded from the resources of the applicant or partners, or by sources other than the budget of the European Communities or the European Development Fund.

434.As regards the tourism sector, the promotion programme comprises the following activities:

•Increased exploration of sites;

•Support for the development, rehabilitation and protection of sites and monuments of cultural/touristic interest;

•Diversification of products and tourist facilities;

•Support for sanitation projects in tourist cities;

•Strengthening the project “Promotion of Tourism and Preservation of Archaeological and Tourist Sites in the land of the Dogons and its extension to other locations”;

•Qualitative and quantitative improvement of the country’s tourist assets;

•Support for the establishment of tourist information offices;

•Staff training;

•The development of tourism statistics showing the contribution of tourism to Mali’s socio-economic development and encouraging the support of partners and investment in tourism.

435.This programme aims to:

•Make the tourism sector a source of currency and employment;

•Promote statistical information;

•Strengthen human resource capacity;

•Organize the sector.

436.However, Malian tourism is confronted by the problem of its seasonal nature, the isolation and inaccessibility of its sites and the lack of a reliable air service.

437.Following the grave political and security crisis of 2012, Mali seeks to acquire a new policy for the development of its tourism sector. This political ambition aims not only to address the challenges facing Malian tourism at the present time but also to equip the national tourism authority with an institutional and regulatory framework. The reforms envisaged will focus on aspects such as:

•Procedures for operationalizing tourism development guidelines;

•Definitions of terms:

•Nomenclatures and classifications of tourist establishments (hotels, restaurants);

•The requirements for obtaining approvals and authorisations, and the procedures for monitoring tourism activities and occupations.