Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Madagascar (Ratification: 1997)

Tripartite consultations required by the Convention. In reply to the comments made in 2006, the Government indicates in the report received in October 2008 that the procedures ensuring tripartite consultations required by the Convention have yet to be defined. Moreover, in a communication sent to the Government in August 2008, the Malagasy Workers’ Conference (CTM) indicates that the ministries responsible for drafting legislation relating to conditions of work in export processing zones have ignored the principle of consulting the National Labour Council. The CTM emphasizes that the National Labour Council is the tripartite consultation body within the meaning of the Convention provided for by section 184 of the Labour Code. The Committee again requests the Government to provide detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, specifying their purpose and frequency and the nature of any resulting reports or recommendations. With reference to the observation submitted by the CTM, the Committee requests the Government to state whether questions arising out of reports on the application of ratified Conventions have been raised in the National Labour Council (Article 5, paragraph 1(d), of the Convention). More generally, the Committee requests the Government to indicate whether the National Labour Council has been consulted on the preparation and implementation of legislative or other measures to give effect to the Tripartite Consultation (Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), and to other international labour Conventions and Recommendations (Paragraph 5(c) of Recommendation No. 152).

Financing of training. The Government states that seminars held on international labour standards have provided participants with all necessary knowledge of standards, including the consultation procedures provided for by the Convention.

Functioning of consultation procedures. The Government indicates that the representative organizations will be consulted with regard to the production of an annual report on the functioning of the procedures set forth by the Convention, once these procedures are established. Recalling that Article 6 of the Convention does not impose any obligation to produce an annual report but requires tripartite consultations to be held to decide whether or not it is appropriate to produce such a report, the Committee requests the Government to report on the results of tripartite consultations held on the working of the consultation procedures.

[The Government is asked to reply in detail to the present comments in 2009.]