Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Madagascar (Ratification: 1964)

The Committee notes that the Government refers in its report, received in November 2011, to the adoption on 14 January 2008 of Act No. 2007-037 on free zones and enterprises. Under the terms of article 5.4 of the Act, no discrimination is allowed with regard to the social security coverage of foreign workers. Furthermore, article 5.4(1) and (2) establishes the requirement for any enterprise operating in free zones to pay to the concerned organizations the social contributions prescribed by the Labour Code and the Social Contingency Code. Nevertheless, an employer may, upon request, be exempted from the obligation of the affiliation of its workers to the system upon presentation of evidence of the real payment of contributions to a foreign social security body. The Committee recalls in this respect that, in the comments provided in 2011 by the General Workers’ Confederation of Madagascar (CGSTM) under the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), the CGSTM expressed concern about the enforcement of occupational safety standards, especially in free trade zones, which account for up to 40 per cent of accidents, and reported that the State does not have a system to monitor migrant workers (number, nationality and accidents).

The Committee requests the Government to provide detailed information, in accordance with Part V of the report form, on the manner in which the principle of equality of treatment is applied in practice to nationals of countries which have ratified Convention No. 118 in relation to sickness benefit, maternity benefit and invalidity benefit, and for nationals of countries which have ratified Conventions Nos 19 and 118 in relation to employment injury benefit, with particular reference to free trade zones as well as the country as a whole and also to provide a copy of Act No. 2007-037 on free zones and enterprises.