Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

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

The Committee notes the Government’s report received on 8 June 2005 along with the attached documents. It also notes the new Labour Code adopted on 10 June 2004.

With reference to its previous comments concerning various deficiencies in the agriculture inspection system, the Committee notes with satisfaction the provisions of the new Labour Code which improve substantially the level of compliance of national legislation with the Convention.

1. Article 1, paragraph 1, and Articles 4, 9, paragraph 3, and 11 of the Convention. Scope of the labour inspection service and qualifications of labour inspectors performing in agricultural enterprises. Section 1 of the new Code indicates that it is applicable to all employers, irrespective of their nationality, status or sector of activity, and to all workers whose labour contract, whatever its form, is executed in Madagascar. By amending section 1 of the former Code by making a reference to the employer’s nationality, the new Code raises the principle of its applicability to employers and workers in free export enterprises and zones, including agricultural enterprises having this status; the Government indicates that there is only one such which conducts a fruit and vegetable exporting business. The Committee welcomes this legislative progress and notes with interest that the specific training that will be provided shortly by the National Administration School for labour inspectors assigned to the agricultural sector will include technical supervision methods in the sector, relevant international safety and health standards, the prevention of occupational disease and accidents and the employment of women and adolescents, in addition to other unspecified subjects.

The Committee trusts that the Government will supply in its next report information on the measures actually implemented for adapting training of labour inspectors to the specific working and living conditions of workers and their families living in agricultural enterprises, particularly in plantations and the agriculture sector free enterprise area.

The Committee recalls the obligation under Article 11 of the Convention that the necessary measures shall be taken to ensure that duly qualified technical experts and specialists who might help to solve problems demanding technical knowledge, are associated in the work of labour inspection in agriculture The Committee would be grateful if the Government would take such measures and supply information on any progress made in this direction, particularly in establishing technical controls on the safety and health of agricultural workers and members of their families exposed to hazards linked to the use of chemical products, complex plant and machines or contact with potentially dangerous animals or plants.

2. Article 15. Financial resources necessary for the operation of the labour inspection service in the agricultural sector. The Committee notes with satisfaction the provisions of section 235 of the new Labour Code which requires the competent authorities to provide labour inspectors, from the state budget, with premises that are equipped and accessible to the public concerned, transport facilities and reimbursement of any travelling and incidental expenses necessary for the performance of their duties. While accessibility to local inspection offices is a prerequisite for spontaneous collaboration between workers and employers, the mobility of supervisory staff is a prerequisite for labour inspection, and is even more crucial in agricultural undertakings which are by their nature far from urban centres and, in addition, often spread through vast regions lacking public transport facilities. It is therefore particularly important that adequate financial resources are allocated to make available resources and transport facilities through written decisions in the state budgetary forecasts. That should contribute to better planning and conducting of inspection activities. The Committee hopes that the Government will indicate in its next report the manner in which effect has been given, in law and in practice, during recent budget exercises, to the aforementioned section of the Labour Code.

3. Article 6, paragraph 2, and Article 16.  Inspectors’ powers of inspection. The Committee notes with satisfaction section 238 of the new Labour Code which gives effect to its previous requests that legal provisions concerning investigatory powers of labour inspectors should be supplemented to ensure greater conformity with the provisions of paragraph 1(c)(i), (ii) and (iii) of this Article of the Convention. The Committee notes, however, that there are no legal provisions ensuring that inspectors have enforcement functions relating to conditions of life of workers and their families. It hopes that measures will be taken to this effect, in particular in plantations and in free agricultural enterprises where workers and their families may be accommodated, and that pertinent information will be communication to the ILO.

4. Articles 22, 23 and 24. Repression of violations to the legal provisions enforceable by labour inspectors. The Committee notes with particular interest the provision introduced by section 239 of the new Labour Code, providing an obligation for the State Prosecutor to submit directly to the judge within one month the labour inspectors’ report. This provision corrects the general trend for magistrates to shelve the court records of violations submitted to the court and thus to nullify labour inspection activities attempting to enlist the judicial authorities to persuade employers to comply more fully with legislation on labour conditions and the protection of workers in the exercise of their occupation. By instituting effective and diligent cooperation of the judicial authorities for the purpose of ensuring compliance with the objectives of the inspection, the legislator indicates a real will to reinforce the inspection services’ role. The Committee trusts that this legislative progress will be accompanied by measures intended to make the judiciary more aware of the value of treating questions linked to protection of workers with the necessary seriousness and of making appropriate decisions in each case on the basis of the degree of gravity of the circumstances.

5. Articles 25, 26 and 27. Reports on the activities of labour inspectors. The Committee notes that no annual inspection report covering agricultural undertakings has been received by the ILO since ratification of the Convention. It notes, however, that the Government has implemented measures intended to improve collection of relevant information from external services. The Committee emphasizes that such reports can be prepared only if the labour inspectors supply to the central inspection authority the periodic reports referred to in Article 25 on their activities in agriculture. It hopes that the measures mentioned by the Government include the preparation by the central authority of inspection forms for this purpose. The Committee also hopes that an annual inspection report containing as far as possible the information required under each of points (a) to (g) of Article 27 will shortly be communicated regularly to the ILO.

6. Inspection of child labour. According to the Government, the ILO/IPEC program against child labour is in process of identifying intervention zones and the target population in regard to the agricultural sector. The Government also announced in its report on the Minimum Age Convention, 1973 (No. 138) an institutional strengthening for this purpose, without specifying whether this affected the labour inspection system which, nevertheless, under section 234 of the new Labour Code, is responsible for supervision of this matter. Referring to its 1999 general observation under the Convention, the Committee urges the Government to envisage implementing measures involving active participation of labour inspectors in the identification and repression of violations of legislation on work of children and young persons in agricultural enterprises where, according to ILO statistics, this issue is particularly important.

The Committee is addressing a request on other matters directly to the Government.