Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Madagascar (Ratification: 1960)

With reference to its previous comments, the Committee notes with satisfaction the adoption of Act No. 89-028 of 29 December 1989 to amend the Constitution of 31 December 1975 (which repeals sections 9 and 29 of the Constitution on the guiding role of the National Front as regards organisations for the defence of the Revolution) and of Ordinance No. 90-001 issuing general regulations on political parties or organisations, also dated 29 December 1989 (which repeals 0rdinance No. 76-008 of 20 March 1976 to issue regulations respecting political organisations, which obliged trade unions to affiliate with an approved revolutionary organisation).

The Committee notes that, according to the Government, these various changes have the effect of ending the monopoly respecting trade union rights exercised by the revolutionary organisations affiliated to a political party that is a member of the Front and that the exercise of the right to organise is regulated by the Ordinance No. 75-013/DM of 17 May 1975, issuing the Labour Code.

The right to organise of public servants. In this new context, the Committee notes with interest that the situation of public officials as regards the principles of the right to organise has changed, since, under Act No. 79-014 on the general conditions of service of public servants, their trade union organisations could only be established within the framework of Ordinance No. 76-008 of 20 March 1976, which has now been repealed. This Ordinance contained several provisions that were incompatible with the Convention, and in particular sections 8, 9, 24 and 25 which empowered the public authorities to interfere in the trade union affairs of public servants (approval for the establishment of an organisation, control and dissolution of the organisation by administrative authority).

In these circumstances and in view of the fact that the Labour Code of 1975 does not apply to these workers, the Committee requests the Government to supply copies of the provisions which now govern the right to organise of public servants.

Privileges granted to trade unions belonging to a revolutionary organisation. In its previous comments, the Committee noted that the Madagascan trade union movement was made up of trade union organisations established under the former regime and of workers' organisations belonging to, or established voluntarily, in revolutionary associations under the terms of Ordinance No. 76-008 of 20 March 1976. It also noted that Ordinance No. 78-006 of 1 May 1978 issuing the Charter of Socialist Undertakings, only recognised for workers who were members of trade unions belonging to a revolutionary organisation the right to be elected to works committees in the above undertakings, thereby applying a distinction between trade union organisations of a nature to jeopardise the right of workers to join the trade union of their own choosing.

In view of the constitutional changes, the Committee requests the Government to indicate whether the organisations established under the terms of Ordinance No. 76-008 of 20 March 1976, which has now been repealed, still continue to exist, and whether Ordinance No. 78-006 of 1 May 1978 is still in force; if so, the Committee would be grateful if the Government would contemplate repealing this Ordinance in order to abolish any privilege for specific trade union organisations.

The Committee is also addressing a direct request to the Government concerning the right to organise of seafarers and the requisitioning of persons in the event of a strike.