Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

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

The Committee notes the information in the Government's report and recalls that its previous observations concerned the following points:

1. The right of workers, without distinction whatsoever, including seafarers, to establish and join organizations. The Committee recalls that the Merchant Shipping Code currently in force lacks any provisions specifically granting seafarers the right to organize. It notes that a restructuring of the Code is nearing completion and that the Government will submit a copy thereof with its next report. The Committee hopes that this restructuring will take account of all rights related to seafarers' right to organize.

2. Requisitioning of persons. The Committee noted that conditions giving rise to the right to requisition, provided for under section 21 of Act No. 69-15 of 15 December 1969 regarding the requisition of persons and goods, which allows the requisitioning of workers in particular where a sector of national life or a part of the population is endangered, are too broad to be compatible with the principles of freedom of association. The Committee recalls that requisition as a means to end a strike is authorized only in the case of essential services in the strict sense of the term, that is those whose interruption would endanger the life, personal safety or health of the whole or part of the population or in the case of public servants exercising authority in the name of the State or in the event of an acute national crisis. The Committee takes due note of the proposed modifications to section 21 presented by the Government to allow a fuller application of the Convention. The Committee notes, however, the inclusion of certain services, for example radio and television broadcasting, post and banking, whose interruption does not endanger the life, personal safety or health of the population.

3. The right of workers to establish organizations without previous authorization. The Committee notes that, according to the Government, the constitution, organization and operation of trade unions, and the exercise of the right to organize, are still governed by Ordinance No. 60-133 of 3 October 1960, on associations. The Committee recalls that by virtue of its section 1(1), Ordinance No. 60-133 does not apply to professional associations and trade union organizations. The Committee trusts that in conformity with Article 2 of the Convention, workers will be able to establish trade union organizations without previous authorization, on depositing of their by-laws to the Minister of Labour. It requests the Government to provide copies of such implementing texts of section 7 of the 1995 Labour Code as may have been adopted.

The Committee hopes that the Government will take account of its observations in the adoption of the measures envisaged, and asks to be kept informed, in the Government's next report, of the steps taken in this regard.