Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

Article 1 of the Convention. Provisions prohibiting discrimination. For several years, the Committee has been emphasizing that neither the Labour Code nor the Civil Service Statute prohibit discrimination on all the grounds covered by the Convention and it has requested the Government to take the necessary measures to bring the legislation into conformity with the Convention. The Committee noted previously that the Labour Code penalizes any discriminatory treatment on the basis of race, religion, origin, sex, trade union affiliation and political opinion or membership of workers (section 261) and that the Civil Service Statute provides that there shall be no discrimination on grounds of sex, religion, opinion, origin, parentage, wealth, political conviction or trade union affiliation (section 5). It also noted that, according to the Government, the term “origin” used in the above legislation refers to the concept of national extraction within the meaning of the Convention. The Committee notes once again the Government’s indication that the texts concerned are under examination and that measures will be taken to harmonize the Labour Code and the Civil Service Statute with the provisions of the Convention. The Committee trusts that the Government will take the necessary measures in the near future to add the ground of colour to the list of prohibited grounds of discrimination in the Labour Code and “race” and “colour” to those prohibited by the Civil Service Statute, in accordance with Article 1(1)(a) of the Convention. It also requests the Government to indicate the manner in which discrimination on the basis of social origin is addressed. Furthermore, with a view to completing the legislative measures protecting workers against discrimination, the Committee strongly encourages the Government to envisage the inclusion in the Labour Code and the Civil Service Statute of provisions defining and explicitly prohibiting all discrimination, including indirect discrimination. It requests the Government to provide information on the measures adopted to amend the legislation in this respect.

Night work. In its previous observation, the Committee noted the communication from the Confederation of Malagasy Workers (CTM), dated 28 May 2008, in which the Confederation alleges the violation of Articles 1 and 2 of the Convention, in view of the fact that section 5 of Act No. 2007-037 on export processing zones (EPZs) expressly provides that the provisions of the Labour Code prohibiting night work by women are not applicable in EPZs. The Committee notes that special protective measures for women should be limited to safeguarding maternity and should be proportional to the nature and scope of the protection required. The Committee notes that Madagascar has ratified the Night Work Convention, 1990 (No. 171), calling for protection of both men and women working at night. The Committee notes the large number of women working in EPZs. The Committee asks the Government to examine what other measures would be necessary so as to ensure that women and men can access employment on an equal footing, such as improved health protection of both men and women, adequate transportation and security, as well as social services and other measures to assist the reconciliation of work and family responsibilities, and to provide information in this regard. The Committee also asks the Government to provide information on the measures taken to prevent exploitative working conditions and abuses in EPZs and ensure protection against discrimination of workers in EPZs.

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