Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Madagascar (Ratification: 1961)

The Committee notes the Government’s report and the attached documents, as well as the draft amendment to the Labour Code attached to the Government’s report on the Equal Remuneration Convention, 1951 (No. 100).

1.  The Committee refers to its previous comment in which it noted that the Labour Code and the Public Service Act prohibit discrimination only on the grounds of sex. The Committee notes the Government’s indication that it is nevertheless possible to have recourse to the Constitution to protect against discrimination based on grounds set out in the Convention other than sex. The Government also indicates that it is examining the question of the inclusion of the other grounds into the Labour Code which is currently under review. The Committee notes the draft amendment to the Labour Code, dated May 2000, which is attached to the Government’s report on Convention No. 100. It notes that section 55 of this draft, respecting the determination of wages, includes the criteria of origin, colour, national extraction, age and status, as criteria on the grounds of which no differentiation may be made. However, it notes that the draft amendment does not appear to contain a provision setting out the principle of non-discrimination on the basis of political opinion or religion. The Committee once again requests the Government to indicate in its next report the measures which have been taken or are envisaged to include in the Labour Code, and in the conditions of service of the public service, specific provisions to prevent discrimination on the basis of all the criteria enumerated in Article 1(a) of the Convention.

2.  The Committee also notes that the inspections carried out in enterprises provide an opportunity for direct contact with employers’ and workers’ representatives, thereby making it possible to secure their collaboration in the application of the Convention in the enterprise. The Committee would also be grateful to be provided with information on the means by which the cooperation of occupational organizations is sought in preparing and supervising the application of the national policy envisaged in Article 2 of the Convention.

3.  The Committee notes the statistics on the distribution of public employees by ministry and by sex. It notes that, although the percentage of men and women is relatively balanced in certain ministries, this proportion still remains unequal in a large number of ministries. The Committee requests the Government to indicate the affirmative measures taken to promote the equal access of women and men to all levels of responsibility in the public service, and to provide data disaggregated by sex on the number of public servants in the various categories in the public service and information showing fluctuations in these figures over the years.

4.  With regard to the private sector, the Committee notes that affirmative measures for girls, and particularly to raise their awareness and provide them with information on the various occupations, are included in government projects for the development of vocational training bodies and institutions. It notes in particular the project of the Ministry of Technical Education and Vocational Training for the promotion and development of vocational training which, through the training of specialized educators in the field of information, education and communication (IEC), and through information and awareness-raising activities for girls on the various occupations, aims in the long term to reduce the gap between men and women employees in the private sector. The Committee notes with interest that ILO assistance has been requested for the implementation of this project. It requests the Government to keep it informed of developments in relation to the project.

5.  The Committee notes from the statistics provided by the Government on the attendance rates for vocational teaching that, with the exception of the tertiary sector and training for occupations considered to be traditionally "feminine", the attendance of girls in these institutions is generally very low. However, the Committee notes that, according to the report, information and awareness-raising campaigns appear to have had some effect on the choices made by girls, particularly for training in fields such as mechanics, carpentry and welding. The Committee requests the Government to continue providing information so that it can assess developments in the situation with regard to the access of girls to all types of training following the awareness-raising campaigns.