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

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: Direct requests C.12 and C.118.

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 12 (workmen’s compensation, agriculture), and 19 (workmen’s compensation, equality of treatment), 118 together.

The Committee notes the observations of the General Confederation of Workers’ Unions of Madagascar (FISEMA) on the application of Convention No. 12, received on 1 September 2022.

Article 1 Convention No. 12. Extension of compensation for occupational injury to workers in agriculture. In its previous comment, the Committee noted the national conference on social security rights of rural workers organized in cooperation with the ILO, the development of a draft national social security policy for rural workers and requested the Government to indicate actions taken to implement the said policy. The Committee notes the indication by the Government that the draft text has not been completed, so that no measures have been taken in this regard. The Committee further notes the observations of the FISEMA that, although acknowledging that the level of social security is acceptable regarding formal rural employment, allege the lack of concrete measures for other workers in the rural sector. The Committee notes that the Government indicates that the difficulties in the application of Convention No. 12 are related to the fact that a major part of the workers in the rural sector are self-employed, so that it is difficult for them to pay social security contributions and other fees. In view of the large share of informal workers in the agricultural sector in the country, the Committee wishes to recall that social security is an important tool to advance in the transition from informal to formal employment. The Committee recalls that the ILO’s constituents adopted the Social Protection Floors Recommendation, 2012 (No. 202), providing guidance to implement basic social security guarantees within strategies for the extension of social security that progressively ensure higher levels of social security to as many people as possible, of which employment injury benefits could be a component. The Committee observes in this respect that the Decent Work Country Programme for the period 2015–19 included a section regarding transition from informal to formal work, concerning on the one hand the elaboration of a national policy providing an adequate social security system for workers in the informal sector and self-employed workers, and on the other hand the improvement of productivity of rural enterprises. The Committee takes note of the information provided by the Government and invites the Government to provide information on any measure envisaged to improve the social security of workers in the agricultural sector in case of work accidents, including by implementing measures improving the transition from informal to formal employment and measures enhancing a national social protection floor, in accordance with the Social Protection Floors Recommendation, No. 202 and article 1 of Convention No. 12.

Article 1(1) of Convention No. 19. Equality of treatment concerning work accident compensation. Application of the Convention in practice. In its previous comments, the Committee noted the allegations by the General Confederation of Workers’ Unions of Madagascar (FISEMA) concerning the equality of treatment in export processing zones. It further noted that, according to the FISEMA, only French citizens were reported to be covered by work accident compensation legislation, while workers from other countries had no protection in practice, and that no measures had been reported concerning the coverage of workers in the mining industry. The Committee notes the Government’s reply and detailed information provided regarding the procedure for the notification by employers of work accidents whose victims are foreign workers, including in cases where these workers choose to be affiliated to a foreign social security institution. The Committee notes that in reply to the social partner’s observations, the Government provides new information. It notes in particular that the Ministry in charge of Labour through the Directorate of Professional Migration carries out detailed verifications as regards clauses in employment contracts relating to social security standards and occupational safety and health. Foreign workers are then subject to the follow-up by the diplomatic representatives of their countries of origin in Madagascar concerning, among other things, their living and working conditions. The Committee takes due note of this information and requests the Government to provide information, if available to the Ministry of Labour, Employment, Public Service and Social Laws (MTEFPLS) or to the diplomatic representatives, concerning: the approximate number of workers in Madagascar, their nationality, their occupational distribution, and the number and nature of the accidents reported among foreign workers, in accordance with the report form for Convention No. 19, together with the amount and type of compensation provided to these workers and their dependents.

The Committee further notes the indication by the Government that, in practice, the application of Convention No. 19 is the same as regards national and foreign workers and that compensation for work accidents is provided by the National Social Security Fund (CNaPS). The CNaPS generally provides compensation in the form of annuities paid in a lump sum or quarterly, and refunds medical expenses, providing daily cash benefits in case of hospitalization. However, the Government indicates once again that exceptionally, workers affiliated to social security institutions in their countries of origin may receive an authorization of derogation by the Ministry in charge of Labour and are thus not covered by the CNaPS by virtue of section 17 of Act No. 2007-037 of 14 January 2008. This section provides that some employment contracts of expatriates may derogate the Labour Code and social security regulations, including concerning the affiliation to a social security institution in Madagascar and the affiliation to a Medical Inter-enterprise Service (SMIE). The Committee notes from the report under the Equality of Treatment (Social Security) Convention, 1962 (No. 118) that the derogations authorized in the last 5 years have been 301. The Committee takes due note of this information and requests the Government to indicate if the derogations indicated by the Government with respect to section 17 of Act No. 2007-037 of 14 January 2008 also concern employment injury cash and medical benefits for temporary incapacity for work and to indicate what are the implication of such derogations for a foreign worker in case of work injuries including in case of hospitalization or in case of death of the victim.

Application in practice of Conventions Nos 19 and 118. With respect to the previous comments of the Committee, in which it requested the Government to provide detailed information 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 branches accepted by Madagascar, with particular reference to free trade zones, the Committee notes the information provided by the Government concerning the derogations provided by Act No. 2007-037 of 14 January 2008, on free trade zones and enterprises and in its report for Convention No. 19. The Committee once again requests the Government to provide information on the application of the Convention in practice, including through statistical information, regarding the branches of the Convention it accepted, that is: (i) sickness benefit; (ii) maternity benefit; (iii) invalidity benefit; and (iv) employment injury benefit, for nationals of countries which have ratified Conventions Nos 19 and 118.

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

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.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report indicates that there have been no changes in the law or practice giving effect to the Convention. It also notes, according to the statistics attached to the report on the number and nationality of foreign workers on the national territory in 2004, that the number of Chinese workers has considerably surpassed the number of French workers who, for many years, constituted the largest group of foreigners in Madagascar. Recalling that, for social security purposes, French nationals are covered by the Franco-Malagasy agreement of 1967, the Committee would be grateful if the Government would indicate in its next report any initiative to conclude bilateral social security agreements with other countries with migration to Madagascar.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee hopes that in its next report the Government will not fail to provide information on any agreements concluded with other Members for which this Convention is in force to ensure the maintenance of acquired rights and rights in course of acquisition, in accordance with Article 7 of the Convention, together with information on the practical application of the Convention, including the statistics requested in point V of the report form on the Convention (number of foreign workers in the national territory, their nationality, etc.).

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 7 of the Convention. The Committee takes note of the information supplied by the Government in its report concerning the application of this Article. It would appreciate it if the Government would indicate in its future reports any agreement which may have ben concluded with other signatories to the Convention to ensure the maintenance of acquired rights and rights in the course of acquisition.

2. The Committee again requests the Government to supply information on the practical effect given to the Convention, in particular the statistics called for in point V of the report form on the Convention (number of foreign workers in the national territory, nationality, etc).

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

1. Article 7 of the Convention. The Committee takes note of the information supplied by the Government in its report concerning the application of this Article. It would appreciate it if the Government would indicate in its future reports any agreement which may have ben concluded with other signatories to the Convention to ensure the maintenance of acquired rights and rights in the course of acquisition.

2. The Committee again requests the Government to supply information on the practical effect given to the Convention, in particular the statistics called for in point V of the report form on the Convention (number of foreign workers in the national territory, nationality, etc).