Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Articles 2 and 5, paragraph 1, of the Convention. Effective tripartite consultations required by the Convention. In its observation of 2008 the Committee noted that the Malagasy Workers’ Conference (CTM) indicated that the ministries responsible for drafting laws relating to conditions of work in export-processing zones ignored the principle of consulting the National Labour Council, even though the latter is the tripartite consultation body within the meaning of the Convention provided for by section 184 of the Labour Code. The Government pointed out in its reply received in December 2008 that it had supported the adoption by the Malagasy Parliament of a legislative framework which was favourable to the creation and development of productive investments. It also stated that regulations concerning night work had been amended. Accordingly, the Committee notes with interest the ratification by Madagascar, on 10 November 2008, of the Night Work (Women) Convention (Revised), 1948 (No. 89), and its Protocol of 2002, and also the Night Work Convention, 1990 (No. 171). The Government states that their respective implementing regulations are currently before the tripartite National Labour Council for examination. This could lead subsequently to the adoption of other international instruments, in an ongoing quest for greater flexibility in the domestic labour standards in force and, in particular, for a new perception of night work. It also states that the aim is to harmonize the promotion of investment and the development of the private sector with the promotion of decent work, while respecting the principle of the acquired rights of workers. The Committee requests the Government to continue to supply information on the content and outcome of the tripartite consultations held within the National Labour Council on the matters covered by the Convention.

Article 6. Working of consultation procedures. The Government indicates in a report received in August 2009 that the representative organizations will be consulted with regard to the production of an annual report on the working of the procedures covered by the Convention, once these procedures have been established. The Committee requests the Government to include in its next report any relevant new information on this matter.