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

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

Article 1(1)(a), of the Convention. Sexual harassment. The Committee notes the Government’s indications that in 2009 five cases of sexual harassment were “noted” by the labour service in the region of Analamanga. The Government adds that the dissemination of the provisions of the Labour Code on sexual harassment is carried out by labour inspectors during inspections of enterprises and in the context of discussions with staff at the workplace. While noting this information, the Committee requests the Government to provide information on the action taken as a result of the cases of harassment reported by the labour inspection services and the complaints lodged with these services or with the courts, including the penalties imposed, and to continue providing information on any action taken for the prevention of sexual harassment.

Article 1(1)(b). Other grounds of discrimination. HIV and AIDS. The Committee notes the Government’s information on the efforts made to combat HIV and AIDS according to which, with a view to overcoming obstacles, and particularly certain traditional practices, a new plan of action has been adopted for 2007–12. The Committee requests the Government to indicate the measures adopted or envisaged, including in the context of the Plan of Action (2007–12) with the specific aim of combating discrimination based on real or supposed HIV and AIDS status and stigmatization in employment and occupation, particularly at the time of recruitment.

Articles 2 and 3. National equality policy. The Committee notes the Government’s indication that Act No. 004-2005 of 10 May 2005 issuing the national employment policy prohibits discrimination of any type whether it is based on sex, appearance, religion, opinion, origin, parentage, wealth, political conviction or trade union affiliation. The Committee wishes to remind the Government that while the adoption of laws or regulations prohibiting discrimination or envisaging equality are important, the obligation to declare and pursue a national policy under the Convention requires a range of measures to promote equality of opportunity and treatment in relation, among other matters, to access to employment and training, without distinction on grounds of race, colour, sex, religion, political opinion, national extraction or social origin. The Committee therefore requests the Government to provide information on the measures adopted or envisaged, for example in the context of the national employment policy or the national programme to support employment, intended to give effect to the Convention, with a view to addressing inequalities in vocational training, employment and occupation, with an indication of the results achieved.

Equality of opportunity and treatment for men and women. The Committee notes that, according to the national Millennium Development Goals (MDG) progress report for 2007 (pages 46–48), women are confronted with great poverty, the persistence of archaic traditions and social stereotypes and difficulties in accessing skilled jobs and productive resources, such as land and credit. It also notes the Government’s indication in its report that the “Employment–income” programme has been suspended since 2009, but that it does not provide any indication on the other measures taken to promote equality of opportunity and treatment for men and women in employment and occupation. The Committee however observes that, according to the national report submitted by Madagascar to the UN Human Rights Council in the context of the Universal Periodic Review, several initiatives, including in the fields of vocational training, assistance for enterprise creation, the granting of property rights and micro-credit, have been adopted for women and that a gender focal point has been appointed in each ministry (A/HRC/WG.6/7/MDG/1, 3 November 2009, paragraphs 146–157). The Committee requests the Government to provide information on the measures adopted for the purposes of ensuring equality between men and women in employment and occupation, including in self-employed activities, for example in the context of the national employment policy and the National Action Plan on Gender and Development (PANAGED), and to combat effectively discriminatory practices in relation to access to credit and property. Please also provide information on the activities of the gender focal points in the ministries in relation to employment and occupation.

Access to vocational training. The Committee notes the Government’s indication that information on vocational training is not yet available. It also observes that the promotion of vocational training activities to strengthen skills, thereby improving access to employment for women, is one of the recommendations contained in the national MDG Progress Report for 2007 (page 45) and that, according to the national framework employment policy paper, “the presence of girls in vocational training remains low (one girl for three boys)”. The Committee once again requests the Government to provide information on the measures adopted or envisaged to promote the access of women to technical and vocational schools, particularly in branches and sectors traditionally dominated by men, and on their impact, as soon as such information is available.

Article 5. Special measures of protection. The Committee notes the Government’s indications that the text implementing section 93 of the Labour Code prohibiting certain types of work by women and pregnant women is still being drafted. Recalling that, in order to be compatible with the principle of equality of opportunity and treatment, protection measures for women should be limited to the protection of maternity, in the strict sense of the term, the Committee requests the Government to provide information on the progress achieved in the drafting and adoption of the text implementing the Labour Code in respect of the types of work prohibited for women and pregnant women. Please provide a copy when it has been adopted.

Statistics. In view of the importance of having available adequate statistical data to develop policies and measures to promote equality between men and women in employment and occupation, the Committee encourages the Government to gather statistics on the situation of women workers, including the proportion of men and women at the various levels of responsibility, including executive posts, in the different sectors, and it hopes that the Government will be in a position to include such statistics in its next report.