Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

The Committee notes the observations of 22 August 2013 made by the General Confederation of Workers’ Unions of Madagascar (FISEMA) and the observations of 30 August 2013 made by the Christian Confederation of Malagasy Trade Unions (SEKRIMA). The Committee invites the Government to provide its comments on the points raised by FISEMA and SEKRIMA.

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 Regulations prohibit discrimination on all the grounds covered by the Convention (namely, colour and social origin for the Labour Code and race, colour and social origin for the Civil Service Regulations) and it has been asking the Government to take the necessary measures to bring the legislation into conformity with the Convention. The Committee notes the Government’s statement that the term “colour” is not appropriate for the reality of Malagasy society and that, as regards discrimination on the basis of social origin, the issue does not arise since access to employment and vocational training is based on the criteria of competence and capacity. The Committee considers that, to be in a position to achieve the objectives of the Convention, it is essential to recognize that no society is free from discrimination and that constant effort is needed to take action against it. Discrimination in employment and occupation is a universal phenomenon and continues to grow. The Committee recalls that the current absence of any complaint of discrimination on the basis of colour or social origin does not necessarily mean that such practices do not exist in the country but may be due to the absence of an appropriate legislative or regulatory framework. It may also be the result of the fact that government officials, workers, employers or their organizations are not aware of this issue, that the complaints mechanism is not accessible or is unsuitable, or even that it does not provide effective protection against reprisals. The Committee requests the Government to take the necessary measures to add the grounds of colour and social origin to the list of prohibited grounds of discrimination in the Labour Code and to add race, colour and social origin to those prohibited by the Civil Service Regulations, in accordance with Article 1(1)(a) of the Convention. In addition, with a view to supplementing and increasing the effectiveness of the legislative measures protecting workers against discrimination, the Committee requests the Government to consider the possibility of including provisions defining and explicitly prohibiting all discrimination, including indirect discrimination, in the Labour Code and the Civil Service Regulations. It requests the Government to provide information on the progress made in this respect.

Discriminatory job vacancy announcements. The Committee notes that according to FISEMA vacancy announcements for jobs as guards, domestic employees or workers in export processing zones advertised on the radio or through notices in the street, impose affiliation to a certain religion as a condition for recruitment or specify that the job is solely for men or women. The Committee requests the Government to provide information on the existence of such practices and on the remedial action taken in reported cases.

Export processing zones (EPZs). The Committee recalls that in 2008 the Confederation of Malagasy Workers (CTM) drew attention to section 5 of Act No. 2007-037 on EPZs, according to which the provisions of the Labour Code prohibiting night work by women are not applicable in EPZs. In its previous comments the Committee, recalling that special protective measures for women should be limited to maternity protection and should be proportional to the nature and scope of the protection required, asked the Government to examine what other measures would be necessary so as to ensure that men and women have access to employment on an equal footing in EPZs. Also referring to its direct request of 2011 on the application of the Night Work Convention, 1990 (No. 171), the Committee notes the Government’s indication that it is for the employer to make transport facilities available to staff working at night. The Committee also notes that SEKRIMA underlines the precarious nature of the conditions of work of workers in EPZs, particularly the lack of an employment contract, holiday entitlement, social protection or a collective agreement, and failure to pay the minimum wage. The Committee requests the Government to provide information on the measures taken to prevent exploitation and abuse in EPZs and ensure protection against discrimination of workers in EPZs. It also requests the Government to supply information on inspections conducted by labour inspectors with regard to workers’ conditions of employment in EPZs, including night work, and on the results of these inspections.

Domestic workers. The Committee notes that SEKRIMA highlights the precarious nature of the conditions of employment of domestic workers and indicates that some domestic workers are employed without an employment contract. Recalling that domestic workers are at particular risk of discrimination, including sexual harassment, the Committee requests the Government to provide information on the measures taken to ensure the protection of domestic workers against abuse and exploitation. The Government is also requested to provide information on how the enforcement of the provisions of the Labour Code, particularly those relating to non-discrimination and to conditions of employment, is ensured with regard to domestic workers and on the results of inspections carried out, including extracts from relevant inspection reports.

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