Trade union: Freedom of association

The legal framework governing trade unions is underpinned by freedom of association. Freedom of association is a fundamental civil liberty. It is guaranteed by the 1992 Constitution and its implementing legislation, and at the international level by ILO Convention No. 87 of 1948, which Mali has ratified.       

The essence of labour law is the protection of employees, even though it also seeks to ensure the prosperity of businesses in order to safeguard employment. It is in this that the principle of freedom of association is affirmed.

At the individual level, freedom of association is defined as the right to join a trade union of one’s choice or to remain outside any trade union organisation. Article L.256 of the Labour Code enshrines this freedom in the following terms

‘Any worker or employer may freely join a trade union of their choice within the context of their profession’.

At the collective level, it refers to the right of trade unions to form and operate freely.