Maximum Weight Convention, 1967 (No. 127) - Madagascar (Ratification: 1971)

Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

A Government representative, the Minister of Labour, noted with regret that he could not supply any substantial information on the application of this Convention at this time. He assured the Committee, however, that upon his return to his country he would look into this question in detail in order to satisfy the comments raised by the Committee of Experts.

The Workers' members also expressed their regret that the Government was unable to reply to the comments made by the Committee of Experts on this important matter. They recalled that the Committee of Experts had been making observations on this case since 1978. They noted that the last Government report was received in 1989. The national legislation only provided for fixing weight limits of loads transported by young workers and women. The Convention, however, provided that no worker shall be required or permitted to engage in manual transport of a load which by reason of its weight was likely to jeopardise his health or safety. There were, however, no limits on the weight of loads for adult men in Madagascar either in law or in practice. In Madagascar factories, traders, transporters and farmers used sacks of 90 kg, 75 kg or 70 kg which were manufactured locally. The use of sacks which were in conformity with international standards, in the opinion of the Government, gave rise to problems with respect to production cost and prices for manufacturers, users, producers and farmers. They noted from the Committee of Experts' report that in a letter from the Minister of Labour to the social partners, dated November 1988, the Government proposed that production units manufacture sacks of 55 kg or 65 kg by stages and launch them progressively on to the market "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings at the international level". Paragraph 14 of the Maximum Weight Recommendation fixed the maximum weight for loads which may be manually transported by an adult male worker at 55 kg. The Minister's recommendation was therefore not sufficient to ensure the application of the Convention. They requested the Government representative to indicate whether his Government intended to re-examine its position in this regard and to take the necessary measures to ensure conformity with the Convention for adult male workers. They also urged the Government to provide a detailed report in reply to the comments made by the Committee of Experts in order to permit a complete evaluation of this situation.

The Employers' members associated themselves with the comments made by the Workers' members. They observed that this was the first occasion this case was discussed in this Committee. They regretted that the Government representative was not in a position to provide any substantial information and stressed the practical significance of this Convention. They urged the Government to make every effort to ensure compliance with its obligations in the future.

The Government representative noted the concerns expressed by the Committee on this very important question and assured that special efforts would be made to find an appropriate solution to these problems as soon as possible.

The Committee noted with regret the lack of substantial information from the Government. It recalled that observations had been made by the Committee of Experts on this case for many years. It felt bound to conclude that no progress had been made during all these years towards compliance with the requirements of the Convention, which had been ratified by the country more than 20 years ago. Therefore. the Committee strongly urged the Government to reconsider its position and amend the existing legislation as soon as possible and to inform the ILO accordingly.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on occupational safety and health (OSH), the Committee considers it appropriate to examine Conventions Nos 13 (white lead), 119 (guarding of machinery), 120 (hygiene – commerce and offices) and 127 (maximum weight) in the same comment.

The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE) and of the General Confederation of Workers’ Unions of Madagascar (FISEMA) on Conventions Nos 13, 119, 120 and 127, received on 1 September 2022. The Committee also notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), sent with the Government’s report on Conventions Nos 13 and 127.

A.Protection against specific risks

1.White Lead (Painting) Convention, 1921 (No. 13)

Legislation. The Committee notes the Government’s reply to the previous observations of SEKRIMA concerning the deficiencies of the legal texts governing painting work. The Government indicates that a draft order updating the list of occupational diseases is in the process of being signed. The Committee requests the Government to send a copy of the text in question once it has been adopted and to indicate how it gives effect to the provisions of the Convention.

Articles 1 and 5(I) and (II). Obligation to regulate the use of white lead, sulphate of lead and of all products containing these pigments, in operations for which their use is not prohibited. The Committee notes the Government’s reply to the previous observations of SEKRIMA, which referred to the inadequacy of the means for reducing emissions of volatile organic compounds (VOCs). The Government indicates that VOC emissions are particularly observed in small and medium-sized enterprises (SMEs) and indicates that measures have been taken in this regard, particularly: (i) the inclusion of a heading on waste management in the environment section of the enterprise inspection framework; (ii) the organization of an event by the Standards Office of Madagascar, in collaboration with the occupational medical services (SMT), on the occasion of the International Lead Poisoning Prevention Week; and (iii) the organization of a number of workshops under the auspices of the Ministry of Trade and Competition, in collaboration with the Standards Office, the commercial entities in the sector and the medical services, with the aim of calibrating and standardizing paint products, including the imposition of limits on their lead content. The Committee also notes that FISEMARE refers to the absence of a preliminary study on the impact of the use of paint and states that problems resulting from the use of paint should be specified and that a text should be published indicating the measures to be taken for the protection of workers. The Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to continue providing information on the measures taken in the context of the aim of standardizing paint products, including the imposition of limits on their lead content.

Article 5(III) and (IV). Medical examination. Instructions. The Committee notes the Government’s reply to the previous observations of SEKRIMA concerning the medical monitoring of workers. The Government indicates that: (i) as “exposed” employees, workers employed in painting work receive medical monitoring from the SMT provided they are affiliated but it is increasingly rare for enterprises in the painting sector to be affiliated to the SMT; (ii) technical difficulties exist with regard to medical visits and the control of waste management, and the scope of investigation is limited because there is no industrial toxicology reference laboratory. The Committee also notes that the Inter-Enterprise Medical Association of Antananarivo (AMIT), which has two painting enterprises among its members, prescribes recommendations to employers, particularly with regard to: the use of products with a low or non-existent VOC content; the labelling and marking of hazardous products; the display of safety data sheets; the installation of signs for the indication of risks; the training of workers in safety measures; the increase of natural ventilation, and the installation of fans and air extractors; the fitting out of premises; and the provision of appropriate personal protective equipment. While duly noting this information, the Committee requests the Government to indicate the measures taken to ensure that actual and suspected cases of lead poisoning are notified and subsequently verified by a doctor appointed by the competent authority.

Article 7. Statistical information. Application in practice. Further to its previous comment, the Committee notes the Government’s indication that the regulations relating to the employer’s obligation to notify occupational diseases are the same for all occupational diseases, including lead poisoning, in accordance with section 170(2) of the Social Insurance Code. In this regard, the Government indicates that no notifications of cases of suspected lead poisoning have been received by the National Social Insurance Fund (CNaPS) in the last five years and that the quarterly reports sent to the Ministry of Labour by the Inter-Enterprise Health Organization of Antananarivo (OSTIE) and AMIT do not mention any cases of lead poisoning. The Committee notes the observations of SEKRIMA stating that: (i) the data assembled in the Government’s report do not reflect the national situation since they are mainly concerned with SMEs in Antananarivo and SMEs in the regions which have not made any statement or have not been consulted; and (ii) the re-emergence of paint workshops and vendors calls for action by the labour administration and the Ministry of Trade to promote the monitoring and control of the conformity of these products. The Committee requests the Government to provide more detailed information on the application of the Convention in practice, including statistical information on cases of lead poisoning among working painters, indicating in particular rates of morbidity and mortality resulting from lead poisoning, and also on the number of inspections conducted, their outcome and the number of violations reported.

2.Guarding of Machinery Convention, 1963 (No. 119)

Article 10 of the Convention. Information and instruction to be given to workers. The Committee notes the observations of FISEMARE indicating that, in order to minimize the accident rate, it would be useful to publish a text giving notice of the obligation to indicate how machinery is to be used, the risks that may arise during use, and the precautions to be taken. In this regard, the Committee notes that, under section 111 of the Labour Code, employers are required to inform and train workers regarding safety and health measures connected with the job to be performed. The Committee requests the Government to send further information on the measures to be taken by employers in order to provide appropriate information for workers on the dangers arising from the use of machinery and the precautions to be taken.

Article 15. Application and enforcement of the provisions of the Convention. The Committee notes the Government’s reply to the previous observations of SEKRIMA stating that the number of accidents notified to the CNaPS is very low, owing to the fact that supervision of the application of the Convention is not carried out officially or periodically, and that there should be an official report for notifications of this type. The Government indicates in reply that the CNaPS, in its annual reports presented to the members of the tripartite administrative council, publishes statistical data on notifications of occupational accidents which have been received and processed. The Government adds that there is no reference value for evaluating the number of accidents notified to the CNaPS other than the statistical data for accidents recorded during the last eight years and communicated in the Government’s report. Moreover, in the context of controls made in enterprises, works doctors and labour inspectors make recommendations to workers and employers to ensure better protection in the use of machinery. In the context of the Vision Zero Fund (VZF) initiative implemented between 2018 and 2021 in conjunction with the ILO’s “Safety + Health for All” programme, capacity-building was undertaken for 311 labour inspectors and controllers in the field of prevention of occupational hazards, including the use of machinery. In addition, 67 occupational physicians, 70 representatives of the Export Processing Enterprises and Partners Group (GEFP) and 93 representatives of the Confederation of Malagasy Workers (CMT) also took part in capacity-building activities. The Committee notes the observations of FISEMARE, which asks whether all accidents are notified. The Committee requests the Government to provide its comments in this respect. It also requests the Government to continue providing information on the manner in which the Convention is applied, providing further details of the number of recorded accidents related to the use of machinery and the number and type of violations recorded.

3.Maximum Weight Convention, 1967 (No. 127)

Application of the Convention in practice. The Committee notes the Government’s reply to the previous observations of SEKRIMA stating that some workers are unaware of the existence of Inter-Ministerial Order No. 50149/2009 of 8 December 2009, fixing the maximum weight for the manual transport of any load by a single male adult worker at 50 kg, and that there is a need to publicize this Order. The Government indicates in reply that: (i) AMIT has carried out awareness-raising activities, comprised 13 sessions at five major enterprises, on the handling of loads in general, including the maximum weight for the manual transport of loads; and (ii) OSTIE has organized awareness-raising sessions for its members on the subjects of ergonomics and load handling, at which appropriate technical means for handling the maximum weight for the manual transport of loads were indicated. The Government points out that the Ministry of Mining and Strategic Resources reiterates the need for boosting the dissemination of information. SEKRIMA, for its part, states in its new observations that SMEs in the regions have not been consulted regarding the data assembled by the Government which are contained in its reply. SEKRIMA also reiterates the need to encourage stakeholders to participate in the awareness-raising campaign and to ensure that the relevant laws and regulations are accessible online. The Committee requests the Government to provide its comments in this respect.

B.Protection in specific branches of activity

1.Hygiene (Commerce and Offices) Convention, 1964 (No. 120)

Article 14 of the Convention. Provision of suitable seats for workers. The Committee notes the Government’s indication that, according to the Directorate for Workers’ Social Security (DDST), workers must be provided with all furniture necessary for their comfort during working hours (under section 115 of the Labour Code of 2004). The Government also indicates that the provision of work equipment such as suitable seats depends on the results of the analysis of risks and jobs, and that works doctors and labour inspectors, during their visits to enterprises, issue recommendations in this respect and ensure compliance with them. The Government further indicates that during visits to enterprises, according to OSTIE, employers endeavour to make suitable equipment available to employees in their offices, but that in shops the number of seats available for workers is seen to be insufficient. While duly noting this information, the Committee requests the Government to indicate the measures taken to ensure that sufficient and suitable seats are made available to workers in shops.

Article 18. Noise and vibrations. The Committee notes the Government’s indication that during visits to enterprises occupational medical services: (i) propose appropriate measures to enterprises which have encountered difficulties by proposing insulation from the source of noise as well as earplugs and ear protectors; (ii) systematically measure noise levels with a sound level meter; and (iii) make recommendations according to the noise levels measured. The Government also indicates that during visits to establishments: (i) priority is often given to individual prevention measures such as providing workers with personal protective equipment against noise to the detriment of collective prevention measures; and (ii) preventive measures against vibrations, particularly the provision of measuring equipment, are often seen to be lacking, since not all inter-enterprise medical services have a device for measuring vibrations. The Government indicates that AMIT plans to acquire such a device in September. The Committee requests the Government to provide information on collective prevention measures which have been adopted, particularly the provision of measuring devices, to ensure that noise and vibrations likely to have a harmful effect on workers are reduced as much as possible.

Application in practice. The Committee notes the observations of FISEMARE indicating that some provisions of the Convention are not always respected, particularly regarding the provision of drinking water for workers or adequate sanitary installations. FISEMARE asserts that the Government should strengthen government controls in this respect and should introduce support measures. The Committee requests the Government to provide its comments in this respect. The Committee once again requests the Government to provide information on the number and type of violations recorded and the penalties imposed in this regard.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015.

Article 3 of the Convention. Establishment of maximum weight for manual transport of loads. Further to its previous comments, the Committee notes with satisfaction the information provided in the Government’s report concerning the entry into force of Inter-Ministerial Order No. 50149/2009 of 8 December 2009, setting the maximum weight for the manual transport of any load by a single male adult worker at 50 kg. In this regard, the Committee notes SEKRIMA’s indication that many workers are unaware of the existence of the Order and that dissemination of it is necessary. The Committee requests the Government to send its comments on this matter.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015.

Article 3 of the Convention. Establishment of maximum weight for manual transport of loads. Further to its previous comments, the Committee notes with satisfaction the information provided in the Government’s report concerning the entry into force of Inter-Ministerial Order No. 50149/2009 of 8 December 2009, setting the maximum weight for the manual transport of any load by a single male adult worker at 50 kg. In this regard, the Committee notes SEKRIMA’s indication that many workers are unaware of the existence of the Order and that dissemination of it is necessary. The Committee requests the Government to send its comments on this matter.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Repetition

Article 3 of the Convention. Establishment of maximum weight for manual transport. The Committee notes the information in the Government’s latest report, indicating the unanimous decision by the relevant ministries to set the maximum weight for the manual transport of any load by a single male adult worker at 50 kg. The Committee hopes that the inter-ministerial order giving full effect to the provisions of the Convention, including its Article 3, will come into effect without any further delay.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Establishment of maximum weight for manual transport. The Committee notes with interest the information in the Government’s latest report, indicating the unanimous decision by the relevant ministries to set the maximum weight for the manual transport of any load by a single male adult worker at 50 kg. The Committee hopes that the inter-ministerial order giving full effect to the provisions of the Convention, including its Article 3, will come into effect without any further delay.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the brief information provided by the Government in reply to its previous comments.

Article 3 of the Convention. Establishment of maximum permissible weight for manual transport. In its previous observation, the Committee recalled that, since the ratification of the Convention by Madagascar, it has been emphasizing that the laws and regulations in force in the country do not give effect to this provision of the Convention. It further recalled that for a number of years the Government had given the undertaking that it would take the necessary measures to bring the laws and regulations concerned into conformity with the Convention. The Committee notes with regret that the Government confines itself to indicating that measures will be taken to achieve the adoption of a ministerial order. The Government therefore makes no further reference to the ministerial order setting the maximum weight for the manual transport of any load by a single male adult worker at 55 kg or 50 kg, in accordance with the Convention, which, according to the Government’s previous report, had been forwarded to the Ministries of Industry, Trade and Transport, where it had already been discussed and approved. The Committee is therefore bound to express once again the firm hope that 33 years after the ratification of the Convention by Madagascar the Government will adopt the inter-ministerial order concerned with a view to giving full effect to the provisions of the Convention.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Further to its previous comments, the Committee notes the information provided by the Government.

Article 3 of the Convention. The Committee recalls that, since the ratification of the Convention by Madagascar, it has been emphasizing that the laws and regulations in force in the country do not give effect to this provision of the Convention. The Committee also recalls that for a number of years the Government has been undertaking to adopt the necessary measures to bring the laws and regulations concerned into conformity with the Convention. It notes that, in accordance with the indications provided by the Government in its last report, the Ministry of the Public Service, Labour and Social Legislation has prepared an inter-ministerial order setting the maximum weight for the manual transport of any load by a single male adult worker at 55 kg or 50 kg, in accordance with the Convention. This draft order has been forwarded to the Ministries of Industry, Trade and Transport, where it is currently under discussion with a view to its approval.

The Committee notes the Government’s statement that the Convention is neither applied nor given effect in the country unless an order setting the maximum weight is in force. The Committee therefore trusts that the draft order referred to above will be adopted in the very near future to give full effect to the provisions of the Convention.

The Committee hopes that the Government’s next report will indicate the adoption of the above order and it requests the Government to provide a copy of the order when it has been promulgated.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which was on the following points:

The Committee notes the adoption on 25 August 1995 of a new Labour Code (Act No. 94-029), under section 208 of which the provisions respecting occupational health and safety of the 1975 Labour Code remain in force. The Committee also notes the information provided by the Government in its report to the effect that the national Assembly has adopted a Code respecting health, safety and the working environment and that the texts to be issued under this code, which are currently being prepared, will take into account the provisions of the Convention. The Committee recalls that its previous comments concerned the following matters: Even before the adoption of the Labour Code in 1975, the Government had announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardization of sacks manufactured locally remained valid and that this practice would be laid down in regulations. The Committee noted that, according to the Government's report received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, in practice factories, traders, transporters and farmers use sacks of 90, 75 or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principal manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and rural workers. In a letter addressed in November 1988 to the social partners, the Minister invited them to recommend production units "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings at the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to introduce them progressively onto the market as they are produced. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. The Committee noted that it was more than 20 years since Madagascar ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principal manufacturers of sacks which will respect the standard of 50 kg. In these circumstances, it considers that the Government's letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will indicate in the near future the measures which have been taken to ensure that the Convention is applied to adult workers and that it will provide copies of the provisions that have been adopted, including a copy of the Code respecting health, safety and the working environment, when it has been enacted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the adoption on 25 August 1995 of a new Labour Code (Act No. 94-029), under section 208 of which the provisions respecting occupational health and safety of the 1975 Labour Code remain in force. The Committee also notes the information provided by the Government in its report to the effect that the national Assembly has adopted a Code respecting health, safety and the working environment and that the texts to be issued under this code, which are currently being prepared, will take into account the provisions of the Convention. The Committee recalls that its previous comments concerned the following matters:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers.

Even before the adoption of the Labour Code in 1975, the Government had announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardization of sacks manufactured locally remained valid and that this practice would be laid down in regulations.

The Committee noted that, according to the Government's report received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, in practice factories, traders, transporters and farmers use sacks of 90, 75 or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principal manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and rural workers. In a letter addressed in November 1988 to the social partners, the Minister invited them to recommend production units "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings at the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively onto the market as they are produced.

The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. The Committee noted that it was more than 20 years since Madagascar ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principal manufacturers of sacks which will respect the standard of 50 kg. In these circumstances, it considers that the Government's letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression.

The Committee trusts that the Government will indicate in the near future the measures which have been taken to ensure that the Convention is applied to adult workers and that it will provide copies of the provisions that have been adopted, including a copy of the Code respecting health, safety and the working environment, when it has been enacted.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that for the fifth year in succession no report has been received from the Government. It also notes the Government representative's statement at the Conference Committee of 1992 that it was not possible to communicate information on the application of the Convention. Noting the concerns expressed by the Conference Committee concerning the lack of information on the application of the Convention and the importance placed by the Committee on this question, the Committee must repeat its previous observation on the following matters:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers. Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardization of sacks manufactured locally remained valid and that this practice would be laid down in regulations. However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. It is more than 20 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that for the fourth year in succession the Government's report has not been received. It also notes that the Government representative's statement at the Conference Committee of 1992 that it was not possible to communicate information on the application of the Convention. Noting the concerns expressed by the Conference Committee concerning the lack of information on the application of the Convention and the importance placed by the Committee on this question, the Committee must repeat its previous observation, which read as follows:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers. Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardization of sacks manufactured locally remained valid and that this practice would be laid down in regulations. However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. It is more than 20 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to report in detail for the period ending 30 June 1994.]

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

The Committee notes with regret that the Government's report has not been received. It also notes that the Government representative's statement at the Conference Committee of 1992 that it was not possible to communicate information on the application of the Convention. Noting the concerns expressed by the Conference Committee concerning the lack of information on the application of the Convention and the importance placed by the Committee on this question, the Committee must repeat its previous observation, which read as follows:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers. Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardization of sacks manufactured locally remained valid and that this practice would be laid down in regulations. However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. It is more than 20 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers. Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardisation of sacks manufactured locally remained valid and that this practice would be laid down in regulations. However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardise his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. It is more than 20 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers. END OF REPETITION

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers. Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardisation of sacks manufactured locally remained valid and that this practice would be laid down in regulations. However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardise his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. Soon it will be 30 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers.

Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardisation of sacks manufactured locally remained valid and that this practice would be laid down in regulations.

However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market.

The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardise his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. Soon it will be 30 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers. [The Government is asked to report in detail for the period ending 30 June 1990.]