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

Labour Inspection (Agriculture) Convention, 1969 (No. 129) - Madagascar (Ratification: 1971)

The Committee notes the Government's report for the period ending 1 September 1998, received at the ILO after the Committee's 1998 session, where comments were addressed to the Government on the information supplied by it in its report for the period ending 30 September 1996.

Noting the Government's indication that the information supplied in the report regarding the application of Convention No. 81 applies mutatis mutandis to the present Convention, the Committee requests the Government to supply the information specific to the agriculture sector called for in its direct request of 1998 as follows:

The Committee notes the Government's report for the period ending 30 September 1996 and the information supplied in reply to its previous comments. The Committee requests the Government to provide additional information on the application of the following provisions of the Convention.

Article 9, paragraph 2, of the Convention. Noting from the information contained in the Government's report that the training of ten new inspectors should be nearing completion, and noting the information according to which, during the period covered by the report, training of labour inspectors in agriculture was not envisaged, the Committee would be grateful if the Government would indicate any measures taken since then to give effect to this provision or, if no such measures have been taken, to contemplate taking such measures in the near future and to inform the ILO of any progress in this regard.

Article 16. With reference to its previous comments in relation to this Convention and Convention No. 81 concerning the freedom of labour inspectors to enter workplaces, the Committee notes with interest that the provisions of section 133(3) of the Labour Code give effect to subparagraphs (a) and (b) of this Article of the Convention and, in a partial manner, to subparagraph (c). The Committee also notes that section 134(1) of the Code reiterates the provisions of section 110(2) of the old Code concerning the powers of investigation of labour inspectors, and notes that the inspectors are not always provided with the powers set out under points (i), (ii) and (iii) of this provision. Considering that the absence of specific legal provisions in this regard is detrimental to the effective carrying out of labour inspection tasks, the Committee hopes that the Government will soon be able, possibly through the implementing Decree announced in section 134 of the Code or other legislation or regulations, to ensure respect for these provisions of the Convention.

Articles 26 and 27. With reference also to its comments on the application of Article 20 of Convention No. 81, the Committee notes with regret that the annual inspection reports for the years 1995, 1996 and 1997 have still not been communicated to the ILO. The Committee requests the Government to provide clarification on the manner in which effect is given to Article 26, paragraph 2, which provides that annual reports shall be published within a reasonable time after the end of the year to which they relate, and at any event take the necessary measures to ensure that in future copies of annual reports containing the information required by Article 27, subparagraphs (a) to (g), are communicated regularly to the ILO.