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

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

In its previous observation, the Committee welcomed the adoption of Act No. 2005-040 of 20 February 2006, protecting the rights of persons living with HIV/AIDS, and it noted with interest that Chapter IV of the Act expressly protects their rights in the workplace. In particular, it noted that section 44 prohibits all forms of discrimination or stigmatization at the workplace based on proved or presumed serological status. The Committee also noted that a national strategy would be formulated to guide action for the fight against HIV/AIDS. The Committee solicited information on the implementation of the Act, including information on any judicial decisions applying its provisions, as well as information on the abovementioned national strategy.

The Committee notes the Government’s indication of the priorities and the strategies of the fight against HIV/AIDS and its statement that no relevant judicial decisions are available at the moment. The Committee again requests the Government to provide information on the implementation and enforcement of the provisions of Act No. 2005-040 relating to equality of opportunity and treatment in employment and occupation of men and women living with HIV/AIDS, including information concerning the national strategy referred to in section 3 of the Act, as well as information on any relevant court decisions.

The Committee notes the communication submitted by the Confederation of Malagasy Workers (CTM) dated 28 May 2008. In its communication, the Confederation alleges the violation of, among other things, Articles 1 and 2 of the Convention following the adoption in December 2007 of Law No. 2007-037 on export processing zones (EPZs) and Law No. 2007-036 on investments in Madagascar, on the basis that section 5 of the Law on EPZs expressly provides for the non-application of the provisions of the Labour Code prohibiting women’s night work, notably section 85 to the EPZs. The Committee notes that this communication was submitted to the Government for comments. The Committee requests the Government to provide with its next report its observations on this point and refers to its comments under the Night Work (Women) Convention (Revised), 1934 (No. 41).

The Committee is addressing other points in a request addressed directly to the Government.