Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

1. Article 1 of the Convention. Non-discrimination provisions. In its previous comments, the Committee welcomed the inclusion of non-discrimination provisions in the Labour Code and the Civil Service Statute, but noted that the two laws contained different lists of prohibited grounds of discrimination and that they did not include all the grounds listed in Article 1, paragraph 1(a) of the Convention. The Committee also noted that the provisions could be strengthened by defining what constitutes discrimination and by explicitly prohibiting indirect discrimination. In this regard, the Committee notes the Government’s statement that the term “origin” referred to in section 261 of the Labour Code and section 5 of the Civil Service Statute was meant to cover the notion of national extraction to which the Convention refers. Recalling that neither of the two laws prohibits discrimination based on colour, the Committee emphasizes that, where legislative provisions applying the Convention are adopted, these provisions should address discrimination based on all the grounds listed in the Convention (General Survey 1988, paragraph 58). The Committee requests the Government to consider harmonizing and supplementing the non-discrimination provisions of the Labour Code and the Civil Service Statute to cover all grounds of discrimination required by the Convention, including colour, and to consider introducing a definition of discrimination that would explicitly cover indirect discrimination. Noting the Government’s statement that the Committee’s comments would be taken into consideration, the Committee requests the Government to indicate any measures taken in this regard in its future reports. The Government is also asked to provide information concerning any relevant judicial or administrative decisions applying the non-discrimination provisions of the Labour Code and the Civil Service Statute.

2. Sexual harassment. The Committee notes that awareness-raising sessions for workers and employers on the provisions prohibiting sexual harassment contained in section 5 of the Labour Code were held in different regions and that a number of non-governmental organizations are active in assisting victims of sexual harassment, including providing legal assistance. The Committee also notes Judgement No. 6493-FD of 14 December 2005, which is attached to the report, by which the Court of Appeals of Antananarivo convicted the commercial director of a company of sexual harassment. The Committee requests the Government to continue to provide information on the practical measures taken to prevent and combat sexual harassment at work and to provide relevant judicial decisions.

3. Articles 2 and 3. Obligation to declare and pursue a national policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes the Government’s statement that a separate national policy to promote equality in employment and occupation has not been adopted. However, the Government integrated a gender perspective into the National Employment Policy adopted in 2005 and is implementing a National Action Plan on Gender and Development. The Committee requests the Government to provide information on the measures taken under the National Employment Policy and the National Action Plan on Gender and Development with a view to promoting gender equality in employment and occupation. The Committee also requests the Government to provide information on the measures taken to promote equality of opportunity and treatment of other groups protected by the Convention, such as ethnic or religious minorities.

4. Gender equality. The Committee notes that the Government established and provided statistical data for 2005 indicating the number of men and women in the different job categories in the public service. This data indicates that women outnumber men in “intermediary professions” and administrative posts, but they are under-represented in the categories of “executives and managers” (11,400 men compared to 3,863 women) and “intellectual and scientific occupations” (7,768 men compared to 4,021 women). Overall, some 40 per cent of public servants are women. Recalling its previous comments concerning the importance of positive measures to ensure that women and men have access to public service jobs at all levels of responsibility on an equal footing, including through awareness raising and promotional activities, the Committee notes from the Government’s report that no specific measures has yet been taken to this end. The Committee requests the Government to continue to collect and analyse such statistical information in order to monitor the progress in ensuring equal access of men and women to the public service, and to provide this information in its future reports under the Convention. The Government is also requested to provide information on any positive measures taken to redress the under-representation of women in the abovementioned job categories. Further, the Committee requests the Government to provide statistical information concerning the composition of the private sector labour force, disaggregated by sex.

5. Vocational training. The Committee notes that the Government and the United Nations Development Programme (UNDP) signed a cooperation agreement on 1 April 2005 under which an employment creation programme is being implemented. This programme has the objective of creating formal employment opportunities for unemployed young persons and women working in the informal economy and that the provision of vocational training is an important component of this programme. The Committee requests the Government to continue to provide information on the implementation of the employment creation programme implemented in cooperation with UNDP, as well as information on the progress made in increasing female enrolment in technical and vocational schools, particularly in training branches which were traditionally dominated by men.

6. Article 5. Special measures of protection. The Committee notes that the Government has failed to indicate whether any decrees have been issued under section 93 of the Labour Code prohibiting certain types of work to be carried out by women and pregnant women. The Committee urges the Government to provide this information, including a copy of any decrees issued under section 93 of the Labour Code, in its next report.