Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Madagascar (Ratification: 1966)

The Committee notes the Government’s report, containing summary information in response to its previous observation. It notes that a draft Decree (No. 2003-1162) organizing occupational medicine in Madagascar was approved on 2 November 2003 and adopted on 17 December 2003 by the Consultative Technical Committee (CRC) and the Government Council, respectively. Observing that the above Decree appears to have no direct impact on the application of the provisions of this Convention, the Committee notes that, according to the Government, the CRC is about to consider all the Committee’s observations with a view to applying the provisions of the Convention effectively, particularly those of Article 14 (sufficient and suitable seats to be made available for workers) and Article 18 (protection of workers against noise and vibrations likely to have harmful effects) of the Convention, on which the Committee has been commenting for many years. The Committee requests the Government to indicate whether the draft Decree establishing "general prescriptions for occupational health, hygiene and safety and the working environment", referred to by the Government in its last report, is still under study in the CRC and, if so, to indicate progress made in this respect. In view of the time that has elapsed since it drew the Government’s attention to the need to adopt legislation giving effect to the provisions of the Convention, particularly those of Articles 14 and 18, the Committee expresses the firm hope that the Government will do its utmost to see that such legislation is adopted in the near future.

Further to its previous comments, the Committee notes that, according to the Government, the courts have been contacted with the view to obtaining copies of the decisions contained in the case law Digest regarding matters of principle pertaining to the application of the Convention. The Committee understands that the above Digest has been prepared, but not published as yet. It requests the Government to provide a copy of it as soon as it is published.