Migration for Employment Convention (Revised), 1949 (No. 97) - Madagascar (Ratification: 2001)

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the Government’s indication in its report that a gender-sensitive national policy on migration for employment has been under consideration since the second half of 2023. With regard to laws and regulations, the Committee notes the adoption on 14 August 2024 of Act No. 2024-014 issuing the Labour Code, which contains a number of provisions relating to migration for employment (in particular sections 2(3), 59, 60, 61, 321 and 334). It also notes the Government’s indication that Decree No. 2013-594 of 6 August 2013, suspending the dispatch of Malagasy migrant workers to high-risk countries, remains in force. This encompasses especially the Gulf countries, and, under section 2 of the Decree, high-risk countries are defined as those which have not ratified the main conventions on human rights and gender equality or have not adopted any national legislation relating to them, apart from countries where there have been proven cases of ill treatment or degrading treatment inflicted on Malagasy migrant workers. The Government also indicates that the bilateral labour agreement between Madagascar and Mauritius has been updated and that the conclusion of a bilateral labour agreement with Comoros is under discussion. The Committee recalls the important role that bilateral agreements can play to ensure that migrant workers are able to benefit from the protections contained in the Conventions. In this context, it is important that the content of these agreements and arrangements be made available in understandable terms to those who benefit from them and that these agreements include adequate monitoring of their implementation and access to enforcement mechanisms and provision of social dialogue. (See 2016 General Survey on migrant workers, paragraph 163). The Committee requests the Government to provide information on all progress made regarding the adoption of a national policy on migration for employment, and on any new elements of national legislation relating to immigration and emigration and on any bilateral agreement concluded. The Committee also requests the Government to indicate how the content of bilateral agreements on migration for employment is communicated to the workers concerned and whether the implementation thereof is monitored, in particular through enforcement mechanisms and provision of social dialogue.

Articles 2 and 4; Annex I, Article 6; Annex II, Article 7. Information and assistance. The Committee notes the Government’s indications regarding the standard employment contract for emigrant workers, which is required to include the following: information on each party to the contract (surname, first name, title, exact address, nationality or legal status); type or duration of contract; place(s) of employment; worker’s job and nature of work; remuneration and frequency of payment; and arrangements for leave and rest periods. The contract also indicates the obligations to be fulfilled by employers, namely: to respect workers’ general living and working conditions with regard to accommodation, hygiene, safety at work and medical care; pay wages in full at the intervals stated in the contract, handing them over directly to employees with a supporting payslip; pay repatriation costs for employees in the event of termination of employment for whatever reason; inform the local employment agency or agency in Madagascar within seven days if there is any change of employment location, and at the same time submitting the amended contract previously signed by both parties and stamped by the authority responsible for employment in the country of recruitment; keep employees as contracted, which includes a prohibition on having employees work for other persons or transferring them to other locations not specified in the contract; to ensure regularization of the employee’s situation (work permit, residence permit); issue a certificate of employment duly signed by the employer or competent authority before the employee’s return to Madagascar; respect employees’ right to communicate freely with the embassy or honorary consul of Madagascar or the local employment agency; respect employees’ right to keep all their documents and/or personal equipment; and, respect the fact that termination of employment or expulsion of employees do not affect their acquired rights, including the right to receive due wages and other benefits. In this regard, the Committee notes that section 60 of the new Labour Code provides that the form of employment contracts for emigrant workers, procedures for drawing them up and conditions for such workers to the country are fixed by regulation further to the opinion of the National Council for Labour and Employment. As regards information supplied to migrant workers, the Committee notes the Government’s indication that the Migration Management Service at the Ministry of Labour, Public Service and Labour Legislation (Ministry of Labour) provides applicant migrant workers with information free of charge on procedures for leaving the country and the rights and obligations deriving from employment contracts. While noting this information, the Committee requests the Government to indicate whether regulations implementing section 60 of the new Labour Code have been adopted and, if so, to send a copy of them.The Committee also once again requests the Government to indicate whether the Migration Management Service or any other entity responsible for disseminating information on migration for employment provide women migrant workers with information specifically addressed to women.

Article 3. Misleading propaganda. The Committee notes the Government’s indication, in reply to its previous comment, that in order to combat misleading propaganda, licences issued to private employment agencies have been suspended, which means that recruitment is carried out directly between applicants for migration and the employing enterprises themselves. The Committee recalls once again that States which have ratified the Convention have an obligation to prevent false information being disseminated to nationals leaving the country and to combat false information regarding non-nationals arriving in the country. The Committee considers that the fight against misleading propaganda ought also to tackle propaganda targeting the national population (such as that propagating stereotypes of migrants (see General Survey of 1999 on migrant workers, paragraph 217). The Committee therefore requests the Government to provide information on specific measures taken to prevent and penalize the use of misleading propaganda relating to migration, from employment agencies or other actors, such as employing enterprises that recruit migrant workers, and on specific measures taken in collaboration with other national governments on this issue. The Committee also requests the Government to provide information on measures aimed at raising the awareness of the national population with regard to combating the propagation of stereotypes relating to migrants.

Article 6. Equal treatment. Further to its previous comment, the Committee notes with interest that section 2 of the new Labour Code states that migrant workers are “workers” as defined by that Code. It also notes the Government’s indication that foreign workers are subject to the same legislation as nationals and receive the same treatment in terms of remuneration, trade union membership (section 206 of the Labour Code), family benefits (family, maternity, prenatal and half-pay allowances), occupational accident and disease protection, and retirement pensions. The Committee also notes that section 1 of Decree No. 69-145 of 8 April 1969 establishing the Social Security Code provides that workers governed by the Labour Code are obliged to be affiliated to the National Social Insurance Fund (CNaPS), without any condition regarding nationality. Moreover, section 17 of Act No. 2007-37 of 14 January 2008 on investments in Madagascar offers the option to foreign nationals to maintain the social security scheme of their country of origin subject to prior authorization by the Ministry of Labour. Other exceptions to compulsory affiliation may derive from international agreements, such at that concluded with France (General Agreement between France and Madagascar of 8 May 1968), which affirms the principle of equal treatment for the nationals of both States in terms of the social security legislation in each country. With regard to taxation, section 01.03.05 of the General Tax Code (CGI) provides that persons whose customary residence is in Madagascar are liable to pay tax on wages and related revenue (IRSA) because of income earned in Madagascar, without any of these provisions imposing conditions regarding nationality. The CGI also provides that exceptions to the tax regime are permitted under international agreements (section 01.03.03). Lastly, the Government indicates that migrant workers benefit in general from better conditions of remuneration than nationals, and that no complaints have been brought before the courts for discrimination related to the policy and legislation on equal treatment for national and foreign workers. The Committee notes this information.

Article 8. Maintenance of residence in the event of incapacity for work.In view of the fact that the Government’s report does not reply to this question, the Committee once again requests the Government to confirm that, in accordance with Article 8 of the Convention, migrant workers who have been admitted on a permanent basis and members of their family who have been authorized to accompany or join them cannot be returned to their territory of origin when the said migrant workers are unable to follow their occupation by reason of illness contracted or injury sustained subsequent to entry.

Article 11. Definition of “migrant worker”. The Committee notes sections 58 and 59 of the new Labour Code, which distinguish between “displaced workers”, who are obliged to settle for a substantial period of time in a workplace other than their usual residence inside the country, and “migrant workers”, who, in order to accomplish the work agreed upon, will perform, perform or have performed, a paid activity in a State of which they are not nationals, whether they be emigrant or immigrant workers. The Committee notes that the new Labour Code applies to migrant workers.

Annex I, Article 5, and Annex II, Article 6. Supervision of employment contracts. As regards specific information given to migrant workers on the content of employment contracts, the Committee notes sections 60 and 61 of the new Labour Code, which provide that employment contracts for emigrant and immigrant workers must receive prior authorization from a labour inspector of the migration service at the Ministry of Labour. The Committee also notes that the Labour Code provides that a request for authorization of emigrant workers’ employment contracts must be made by the employer and that the form of employment contracts for emigrant and immigrant workers and procedures for drawing them up shall be fixed by regulations. The Committee therefore requests the Government to indicate whether regulations have been adopted to implement sections 60 and 61 of the new Labour Code. It also requests the Government to indicate what measures have been put in place to ensure that migrant workers, whether applicants for immigration or emigration, receive their contracts before departure or in a reception centre on arrival. The Committee further requests the Government to indicate what penalties are imposed if these measures are not respected and, if applicable, to provide information on the number of violations recorded and on the type of penalties imposed.

Application in practice. The Committee notes that the Government’s report does not contain any statistical information on the employment of nationals aboard or of foreign nationals in Madagascar, disaggregated by sex, nationality and occupation. However, the Committee notes the information included in the report on the application of the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143), according to which the establishment of a database on migration for employment is one of the national priorities identified by the Government and social partners and that related activities are being undertaken in close collaboration with the Southern Africa Migration Management (SAMM) project. The Committee requests the Government to provide information on the measures taken as part of the SAMM project as well as the collection of data on migration and emigration for employment. It once again encourages the Government to supply statistics on the employment of nationals abroad and foreign citizens in Madagascar, disaggregated by sex, nationality and, if possible, sector of activity, and to mention any practical difficulties encountered in the application of the Convention. The Committee also requests the Government to indicate whether the courts or other tribunals have handed down decisions involving questions of principle relating to the application of the Convention and, if so, to supply copies of these decisions.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2012.

Repetition

The Committee notes the observations of the General Confederation of Trade Unions of Madagascar (CGSTM), dated 27 August 2012, according to which no effective mechanism is in place for migration. There is no information service or bilateral agreement on social security available to workers going abroad. The trade union also indicates that over the last ten years no tripartite consultations on migrants have taken place. The Committee requests the Government to provide its comments on these matters.

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the adoption of Decree No. 30 by 095/2011-MFPTLS by the Ministry of the Public Service fixing the form and the modalities for establishing contracts of emigrant workers, which sets the mandatory content of the employment contract of the emigrant worker, as well as the obligation of the employer, particularly with regard to working conditions and obtaining work permits and residence visas. The Committee also notes the adoption of Decree No. 30-096/2011-MFPTLS by the Ministry of the Public Service establishing the procedure for authorizing contracts of emigrant workers, which provides that all contracts must be submitted for prior approval by the Service of Migration Management of the Ministry of Employment and the labour inspectorate. The Decree also requires the Office of Private Placement to follow up on Malagasy nationals every three months. The Government further provides information on the conclusion of an agreement with Mauritius, under which interim measures have been established and negotiations for which are under way with the French Government. The Government also refers to the adoption of Decree No. 01 013/2010 of 10 February 2010 laying down the procedures for the granting and withdrawal of the accreditation of private employment agencies. The Committee also notes the statistical information provided by the Government that 282 men and 1,030 women emigrated in 2012. The Committee requests the Government to continue to provide information on any developments concerning the policy and legislation relating to immigration and emigration and on any bilateral agreements concluded. Please provide information on the conclusion of any bilateral or multilateral agreements concerning the matters covered by the Convention.

Articles 2 and 4; Annex I, Article 6; Annex II, Article 7. Information and assistance. The Committee takes note of the adoption of a standard contract by the Inter-Ministerial Committee in 2010. The Government states that the Service of Migration Management informs emigrant workers of the procedures for obtaining authorization of their employment contract. Placement offices are responsible for informing migrant workers of the conditions of work specified in their contract. The Committee requests the Government to provide a copy of the standard contract adopted in 2010. The Committee also requests the Government to indicate the specific type of information and assistance provided to migrant workers by the Service of Migration Management and placement agencies and whether this information is free, how it is ensured that it reaches the largest number of migrant workers, and whether there is specific information addressed to women. Please indicate any other measures taken or envisaged to provide assistance to migrant workers within the meaning of Articles 2 and 4 of the Convention, Article 6 of Annex I and Article 7 of Annex II.

Article 3. Misleading propaganda. The Committee notes that, according to the Government’s report, measures have been taken to prevent and punish the use of misleading propaganda relating to migration, namely the control of authorized agencies, the withdrawal of accreditation for misconduct under the law and the suspension of the authorization to send workers. The Committee recalls that States which have ratified the Convention have an obligation, on the one hand, to prevent the dissemination of false information to their nationals leaving the country and to combat false information provided to foreigners wishing to enter the country. The Committee considers that the fight against misleading propaganda should also target the national population, for example, by addressing propaganda regarding stereotypes about migrants (see General Survey on migrant workers, 1999, paragraph 217). The Committee requests the Government to continue to take measures to prevent and punish the use of misleading propaganda relating to migration, including measures aimed at raising awareness of the national population, and any collaboration with other national governments in accordance with Article 3(2) of the Convention.

Article 6. Equal treatment. The Committee notes the information provided by the Government that the labour administration and labour inspectorate ensure the application of legal provisions through awareness raising, dissemination of texts, monitoring and control. These institutions are also competent to make recommendations and issuing compliance orders. With regard to social security, the Government refers to Decree No. 69-145 of 8 April 1969 which covers all workers, men and women, national or foreign. The Committee requests the Government to provide information on the relevant texts applying the law and policy on equal treatment between foreign and national workers in matters of taxes, fees and contributions payable at work. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure that women migrant workers are treated on an equal footing with male workers, foreign or national, in areas referred to in Article 6(1)(a) to (d). Please provide information on any infringements and penalties imposed and on any complaint to the judicial authorities for non compliance with the provisions relevant to Article 6 of the Convention and follow-up given to these complaints.

Article 8. Maintenance of residence in case of incapacity for work. The Committee requests the Government to confirm that migrant workers who have been admitted on a permanent basis and members of their family, who have been authorized to accompany or join, cannot be returned when due to illness or accident they are unable to carry out their work. The Committee also requests the Government to indicate in what circumstances a permanent residence permit is obtained in Madagascar and under what conditions it can be revoked.

Article 11. Definition of “migrant worker”. In its previous comments, the Committee took note of section 41 of the Labour Code, defining a “displaced worker” as someone who, in order to accomplish the work agreed upon, is obliged to settle “for a long-term period” in a workplace other than their usual residence or outside their country of origin. It also noted the Government’s indication that in practice displaced workers are considered to be migrant workers only when they are at a workplace other than their usual residence for at least six months. The Committee notes that the Government indicates in its last report that, in practice, there is no longer a distinction regarding the duration of the contract, to the extent that all emigrant workers benefit from the protection afforded by the Convention. The Government also indicates that any worker who emigrated must have a work visa from the Ministry of Employment. From that moment, he or she will be supported by the Consulate of Madagascar of the place of employment, regarding working conditions and social security. The Committee requests the Government to take the necessary steps to amend section 41 of the Labour Code to ensure that all migrant workers, including displaced workers, are covered by the Convention, and to reflect established practice. The Committee requests the Government to indicate whether the same conditions apply to foreign workers in Madagascar.

Annex I, Article 5, and Annex II, Article 6. Supervision of employment contracts. The Committee notes the Government’s statement that the contracts of employment of migrant workers are subject to a system of supervision. The Directorate of Employment and Vocational Training is responsible in principle for the migration. The Government states that the law is the same for migrant workers, whether or not recruited under Government-sponsored arrangements for group transfers. For immigrant workers allowed to work on the national territory other than the province Analamanga, supervision of the employment contract is subject to approval by the Department of Employment, which issues an employment authorization. For migrant workers in the region Analamanga, it is the Economic Development Board of Madagascar which, after verification of their employment contract, transmits the files of the concerned workers to the Directorate of Employment and Training. With regard to emigrant workers, the Directorate of Employment and Vocational Training is responsible for the procedure of supervision. The Committee requests the Government to indicate how the Economic Development Board of Madagascar and the Directorate of Employment and Training implement the provisions of Article 5 of Annex I and Article 6 of Annex II of the Convention, in particular with regard to the concrete information given to migrant workers on the contents of the employment contract. Please indicate the measures taken in case of non compliance with Article 5 of Annex I and Article 6 of Annex II, indicating the competent authority and the number of offences detected.

Part V of the report form. Practical application. The Committee notes the statistics provided by the Government on the employment of nationals abroad and foreign nationals in Madagascar. The Committee encourages the Government to continue to provide statistics on the employment of nationals abroad, if possible disaggregated by sex and occupation. Please also provide statistics on foreign nationals in Madagascar, including migrant workers in the region of Analamanga, disaggregated by sex, nationality, and if possible, sector of activity and indicate any practical difficulties encountered in implementing the Convention. Please also indicate whether the courts or other tribunals have given decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.

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

The Committee notes the observations of the General Confederation of Trade Unions of Madagascar (CGSTM), dated 27 August 2012, according to which no effective mechanism is in place for migration. There is no information service or bilateral agreement on social security available to workers going abroad. The trade union also indicates that over the last ten years no tripartite consultations on migrants have taken place. The Committee requests the Government to provide its comments on these matters.

Article 1 of the Convention. Information on national policies, laws and regulations. The Committee notes the adoption of Decree No. 30 by 095/2011-MFPTLS by the Ministry of the Public Service fixing the form and the modalities for establishing contracts of emigrant workers, which sets the mandatory content of the employment contract of the emigrant worker, as well as the obligation of the employer, particularly with regard to working conditions and obtaining work permits and residence visas. The Committee also notes the adoption of Decree No. 30-096/2011-MFPTLS by the Ministry of the Public Service establishing the procedure for authorizing contracts of emigrant workers, which provides that all contracts must be submitted for prior approval by the Service of Migration Management of the Ministry of Employment and the labour inspectorate. The Decree also requires the Office of Private Placement to follow up on Malagasy nationals every three months. The Government further provides information on the conclusion of an agreement with Mauritius, under which interim measures have been established and negotiations for which are under way with the French Government. The Government also refers to the adoption of Decree No. 01-013/2010 of 10 February 2010 laying down the procedures for the granting and withdrawal of the accreditation of private employment agencies. The Committee also notes the statistical information provided by the Government that 282 men and 1,030 women emigrated in 2012. The Committee requests the Government to continue to provide information on any developments concerning the policy and legislation relating to immigration and emigration and on any bilateral agreements concluded. Please provide information on the conclusion of any bilateral or multilateral agreements concerning the matters covered by the Convention and provide a copy of Decree No. 01-013/2010 of 10 February 2010 laying down the procedures for granting and withdrawal of accreditation of placement offices.

Articles 2 and 4; Annex I, Article 6; Annex II, Article 7. Information and assistance. The Committee takes note of the adoption of a standard contract by the Inter-Ministerial Committee in 2010. The Government states that the Service of Migration Management informs emigrant workers of the procedures for obtaining authorization of their employment contract. Placement offices are responsible for informing migrant workers of the conditions of work specified in their contract. The Committee requests the Government to provide a copy of the standard contract adopted in 2010. The Committee also requests the Government to indicate the specific type of information and assistance provided to migrant workers by the Service of Migration Management and placement agencies and whether this information is free, how it is ensured that it reaches the largest number of migrant workers, and whether there is specific information addressed to women. Please indicate any other measures taken or envisaged to provide assistance to migrant workers within the meaning of Articles 2 and 4 of the Convention, Article 6 of Annex I and Article 7 of Annex II.

Article 3. Misleading propaganda. The Committee notes that, according to the Government’s report, measures have been taken to prevent and punish the use of misleading propaganda relating to migration, namely the control of authorized agencies, the withdrawal of accreditation for misconduct under the law and the suspension of the authorization to send workers. The Committee recalls that States which have ratified the Convention have an obligation, on the one hand, to prevent the dissemination of false information to their nationals leaving the country and to combat false information provided to foreigners wishing to enter the country. The Committee considers that the fight against misleading propaganda should also target the national population, for example, by addressing propaganda regarding stereotypes about migrants (see General Survey on migrant workers, 1999, paragraph 217). The Committee requests the Government to continue to take measures to prevent and punish the use of misleading propaganda relating to migration, including measures aimed at raising awareness of the national population, and any collaboration with other national governments in accordance with Article 3(2) of the Convention.

Article 6. Equal treatment. The Committee notes the information provided by the Government that the labour administration and labour inspectorate ensure the application of legal provisions through awareness raising, dissemination of texts, monitoring and control. These institutions are also competent to make recommendations and issuing compliance orders. With regard to social security, the Government refers to Decree No. 69-145 of 8 April 1969 which covers all workers, men and women, national or foreign. The Committee requests the Government to provide information on the relevant texts applying the law and policy on equal treatment between foreign and national workers in matters of taxes, fees and contributions payable at work. The Committee also requests the Government to provide information on the measures taken or envisaged to ensure that women migrant workers are treated on an equal footing with male workers, foreign or national, in areas referred to in Article 6(1)(a) to (d). Please provide information on any infringements and penalties imposed and on any complaint to the judicial authorities for non compliance with the provisions relevant to Article 6 of the Convention and follow-up given to these complaints.

Article 8. Maintenance of residence in case of incapacity for work. The Committee requests the Government to confirm that migrant workers who have been admitted on a permanent basis and members of their family, who have been authorized to accompany or join, cannot be returned when due to illness or accident they are unable to carry out their work. The Committee also requests the Government to indicate in what circumstances a permanent residence permit is obtained in Madagascar and under what conditions it can be revoked.

Article 11. Definition of “migrant worker”. In its previous comments, the Committee took note of section 41 of the Labour Code, defining a “displaced worker” as someone who, in order to accomplish the work agreed upon, is obliged to settle “for a long-term period” in a workplace other than their usual residence or outside their country of origin. It also noted the Government’s indication that in practice displaced workers are considered to be migrant workers only when they are at a workplace other than their usual residence for at least six months. The Committee notes that the Government indicates in its last report that, in practice, there is no longer a distinction regarding the duration of the contract, to the extent that all emigrant workers benefit from the protection afforded by the Convention. The Government also indicates that any worker who emigrated must have a work visa from the Ministry of Employment. From that moment, he or she will be supported by the Consulate of Madagascar of the place of employment, regarding working conditions and social security. The Committee requests the Government to take the necessary steps to amend section 41 of the Labour Code to ensure that all migrant workers, including displaced workers, are covered by the Convention, and to reflect established practice. The Committee requests the Government to indicate whether the same conditions apply to foreign workers in Madagascar.

Annex I, Article 5, and Annex II, Article 6. Supervision of employment contracts. The Committee notes the Government’s statement that the contracts of employment of migrant workers are subject to a system of supervision. The Directorate of Employment and Vocational Training is responsible in principle for the migration. The Government states that the law is the same for migrant workers, whether or not recruited under Government-sponsored arrangements for group transfers. For immigrant workers allowed to work on the national territory other than the province Analamanga, supervision of the employment contract is subject to approval by the Department of Employment, which issues an employment authorization. For migrant workers in the region Analamanga, it is the Economic Development Board of Madagascar which, after verification of their employment contract, transmits the files of the concerned workers to the Directorate of Employment and Training. With regard to emigrant workers, the Directorate of Employment and Vocational Training is responsible for the procedure of supervision. The Committee requests the Government to indicate how the Economic Development Board of Madagascar and the Directorate of Employment and Training implement the provisions of Article 5 of Annex I and Article 6 of Annex II of the Convention, in particular with regard to the concrete information given to migrant workers on the contents of the employment contract. Please indicate the measures taken in case of non compliance with Article 5 of Annex I and Article 6 of Annex II, indicating the competent authority and the number of offences detected.

Part V of the report form. Practical application. The Committee notes the statistics provided by the Government on the employment of nationals abroad and foreign nationals in Madagascar. The Committee encourages the Government to continue to provide statistics on the employment of nationals abroad, if possible disaggregated by sex and occupation. Please also provide statistics on foreign nationals in Madagascar, including migrant workers in the region of Analamanga, disaggregated by sex, nationality, and if possible, sector of activity and indicate any practical difficulties encountered in implementing the Convention. Please also indicate whether the courts or other tribunals have given decisions involving questions of principle relating to the application of the Convention. If so, please supply the text of these decisions.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes the information in the Government’s second report on the Convention.

Article 1 of the Convention. Provision of information. The Committee notes the statistics on migration from and to the country for 2006 and the Government’s statement that the suspension of emigration from Madagascar has been lifted since 2006. The Government also indicates that no bilateral agreement has yet been concluded as the country is first concentrating on regulating private placement agencies and adopting legislation in this regard. The Committee asks the Government to continue to provide information on any new developments with regard to its national immigration and emigration policies and regulations, as well as any bilateral agreements concluded.

Article 3 and Annexes I and II. The Committee notes from the Government’s report that Decree No. 2005/396 of 28 June 2005 fixing the conditions and modalities of private placement agencies and the modalities for their licensing and withdrawal gives effect to the provisions of the Convention. However, the Government further indicates that no measures have yet been taken to protect migrant workers, apart from the supervision of their contract of employment before departure, from misleading propaganda. The Committee asks the Government to supply a copy of Decree No. 2005/396 of 2005 and hopes that the Government will take effective steps to prevent and punish the use of misleading propaganda concerning the migration process. These measures could include any cooperation in practice with the governments of other countries in compliance with Article 3(2) of the Convention.

Articles 2 and 4; Annex I, Article 6; Annex II, Article 7. Information and assistance. The Committee notes that the Service for Migration Management (SGM) is responsible for informing and assisting those requesting a work permit with respect to the administrative procedures to follow. The Committee asks the Government to provide additional information on any other measures taken or envisaged to assist migrant workers with respect to Articles 2 and 4 of the Convention, as well as paragraphs (a)–(c) of Article 6 of Annex I and Article 7 of Annex II, in particular with respect to their conditions of employment.

Article 6. Equality of treatment. The Committee recalls the provisions of the Labour Code (sections 5, 53 and 261), 2004, regarding non-discrimination and notes that all workers, national or foreign, whose contract of employment is carried out in Madagascar are covered by the provisions of the Labour Code. It also notes the Government’s statement that equality of treatment exists with regard to employment taxes and access to justice and that foreign employers and nationals are obliged to affiliate to the National Fund for Social Welfare. The Committee asks the Government to provide information on the following points:

(a)   the practical measures taken or envisaged to ensure the effective application of the abovementioned legislative provisions as well as on any violations detected by the bodies entrusted with monitoring respect for the Convention;

(b)   the relevant texts concerning the policy and legislation on equal treatment between foreign and national workers in respect of social security, employment taxes, dues or contributions, as well as access to legal proceedings; and

(c)   the measures adopted or envisaged to guarantee that female migrant workers are treated on a footing of equality with male workers, whether or not foreign, in respect of the areas covered in Article 6, paragraph 1(a)–(d).

Article 8. Right of residence of permanent migrant workers. The Committee notes the Government’s statement that immigrant workers can stay in the country until the expiration of their residence permit, which is delivered in function of their contract of employment. The Committee wishes to point out that security of residence of permanent workers is one of the most important provisions of the Convention. Where this right is not effectively applied, permanent resident migrants find themselves living under the constant threat of repatriation. The Committee therefore asks the Government to confirm that the residency permit of migrant workers admitted on a permanent basis cannot be cancelled in the case of ill heath or injury. Please also specify the circumstances under which permanent residence in Madagascar is being obtained and may be cancelled.

Article 10. Bilateral agreements. The Committee notes from the Government’s report that discussions regarding the conclusion of bilateral and multilateral agreements are ongoing at inter-ministerial level. The Committee asks the Government to provide information on any developments in this regard.

Article 11. Definition of migrant workers. The Committee recalls section 41 of the Labour Code defining “displaced worker” as those who, in order to accomplish the work agreed upon, are obliged to settle “for a long-term period” in a workplace other than their usual residence or outside their country of origin. The Committee notes that the Government indicates that in practice “displaced workers” are considered to be migrant workers only when they are at a workplace other than their usual residence for at least six months. While noting the explanations of the Government, the Committee recalls that Article 11 only excludes frontier workers, seafarers and short-term liberal professions and artists from its application. The Committee therefore asks the Government to provide information enabling the Committee to determine whether or not “displaced workers” are unduly excluded from the protection provided by the Convention.

Annex I, Article 5; and Annex II, Article 6. Supervision of contracts of employment. The Committee notes the Government’s statement that the contracts of employment of migrant workers are subject to a system of supervision. It notes that the contracts of migrant workers are being verified by the Economic Development Board of Madagascar (EDBM) and those of volunteer workers and emigrants, who are not wage workers, by the Directorate of Employment and Vocational Training. The Committee asks the Government to provide information on the activities of the EDBM and the Directorate of Employment and Vocational Training with respect to the enforcement of this system of supervision in accordance with Article 5 of Annex I and Article 6 of Annex II of the Convention.

Annex II. The Committee notes the Government’s statement that at present there is no national law giving effect to Articles 9–11 of Annex II of the Convention. The Committee encourages the Government to take steps to ensure that the cost of return shall not fall upon a migrant worker who has failed to secure the employment for which he or she has been recruited, for reasons not attributed to him or her, and to take appropriate measures to provide suitable alternative employment, in accordance with Articles 9–11 of Annex II. Please provide information on any developments in this regard.

Part V of the report form. Practical application. The Committee notes the statistics provided by the Government concerning the employment of nationals abroad and migrant workers in Madagascar. It encourages the Government to continue to provide such statistics, where possible disaggregated by sex and nationality. Please also indicate any practical difficulties encountered in the application of the Convention, as required by Part V of the report form, and indicate whether ordinary or other courts of law have handed down decisions on matters of principle concerned with the application of the Convention. If so, please supply the text of these decisions.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information in the Government’s first report.

1. Article 1 of the Convention. Provision of information. The Committee notes the provisions in the Labour Code of 2004 covering foreign workers and the relevant Decrees regulating the organization of immigration control. It also notes from the Government’s report that its policy regarding emigration from Madagascar has been temporarily suspended due to the need to sign a bilateral agreement concerning protection of and benefits for Malagasy workers; with respect to immigration, the Government indicates that its policy is aimed at accelerating the establishment of foreign investors in Madagascar. The Committee requests the Government to clarify the nature and extent of the emigration suspension referred to in its report. It also requests the Government to continue to provide information on any developments with regard to its national immigration and emigration policies and regulations, any bilateral agreements concluded, as well as information disaggregated by sex on the number of men and women migrants regularly admitted for employment in Madagascar, on either a permanent or temporary basis, and the nature of activities carried out by them.

2. Article 3. Misleading propaganda. The Committee notes the Government’s reference in its report to section 262 of the Labour Code providing for penalties, including imprisonment, against anyone who is involved in the organization of clandestine migration. The Committee would welcome additional information on the legal and other measures taken to avoid false information being disseminated, including by private agencies, to men and women from Madagascar emigrating for employment, as well as nationals arriving in the country. It also asks the Government to provide additional information on any cooperation in practice with the governments of other countries against misleading propaganda in compliance with Article 3(2) of the Convention.

3. Article 6. Equality of treatment. The Committee notes that the Labour Code applies to nationals and non-nationals. It notes that section 5 prohibits discrimination, in general, of workers with respect to their career and work and that section 53 provides equal remuneration for work of equal value for all workers regardless, among others, of their origin, colour, national extraction or sex. Furthermore, section 261 punishes all discrimination based on race, religion, origin, sex, trade union affiliation, political opinion and affiliation with respect to access to employment and vocational training, conditions of work and advancement, conditions of remuneration and dismissal. The Committee asks the Government to supply information, including copies of legislation, concerning the implementation of its policy on equal treatment between foreign and national workers in respect of social security and employment taxes, dues or contributions, as well as access to legal proceedings. In addition, the Committee would appreciate if the Government would keep it informed of national practices regarding the payment of migrant workers. Taking into account the increasing feminization of migrant labour, the Committee refers to paragraphs 20-23 and 658 of its General Survey of 1999 on migrant workers and would be grateful if the Government would indicate the measures adopted or envisaged to guarantee that female migrant workers are treated on a footing of equality with male workers, whether or not foreign, in respect of the areas covered in Article 6, paragraph 1(a)-(d).

4. Article 8. Right of residence of permanent migrant workers. The Committee notes the information provided by the Government that immigrant workers enjoy the same rights as nationals and that, pursuant to section 13 of the Labour Code, an employer cannot terminate the contract of employment during the absence of the worker in case of sickness up to six months. The Committee notes however that the Government’s report does not provide information on the practical application of maintaining the right of residence in the event of incapacity to work of migrant workers admitted on a permanent basis. It asks the Government to supply information in its next report specifying the circumstances under which permanent residence in Madagascar may be cancelled.

5. Article 10. Bilateral agreements. The Committee notes the information in the Government’s report that, currently, no bilateral agreements exist. However, following problems encountered by Madagascar nationals migrating for employment (especially to Lebanon and Mauritius), the Government is having discussions with the relevant authorities of these countries with a view to finding a common solution, and is considering bilateral or multilateral agreements covering all matters relating to migration. The Committee asks the Government to keep it informed of any developments in regard to the conclusion of bilateral or multilateral agreements for the purpose of regulating matters of common concern in connection with the application of the provisions of the Convention.

6. Article 11. Definition of migrant workers. The Committee notes that section 41 of the Labour Code defines "displaced worker" as those who, in order to accomplish the work agreed upon, are obliged to settle "for a long-term period" in a workplace other than their usual residence or outside their country of origin. Recalling that the provisions of the Convention apply to both permanent and temporary migrant workers, with the exception of frontier workers, seafarers and short-term entry of members of the liberal professions and artists, the Committee requests the Government to clarify the meaning of "a long-term period" and to provide information enabling the Committee to ascertain that certain categories of migrant workers are not unduly excluded from the protection provided by the Convention.

Annexes I and II: Recruitment, placement and conditions of migrant workers

Annexes I and II. Article 3. The Committee notes from the Government’s report that the Ministry for the Public Service, Employment and Social Laws can approve the establishment of a private employment agency which has to supply information on a regular basis on the results of their activities. In view of the growing role of private agencies in the international migration process, the Government is asked to give additional information regarding the following: (1) the scope and conditions of the authorizations issued to private employment agencies with respect to migrant workers; and (2) measures adopted or envisaged to regulate the activities of private agencies, with a view to protecting migrant workers against any abuse, and the penalties for offences, particularly with regard to misleading propaganda.

7. Annex I, Article 5, and Annex II, Article 6. Supervision of contracts of employment. The Committee notes that the Ministry for the Public Service, Employment and Social Laws would be the competent authority regarding the supervision of contracts of employment. The Committee would be grateful if the Government could indicate in its next report whether contracts of employment for migrant workers are subject to a system of supervision in Madagascar and indicate the activities of the Ministry with respect to the enforcement of such a system in accordance with Article 5 of Annex I and Article 6 of Annex II of the Convention.

8. Annex I, Article 6, and Annex II, Articles 7 and 8. Information and assistance. The Committee notes that a service is in place to facilitate administrative services for migrant workers. It asks the Government to provide additional information on any measures taken or envisaged to assist migrant workers with respect to paragraphs (a)-(c) of Article 6 of Annex I and Article 7 of Annex II. Please also provide information on measures taken, as appropriate, to assist migrant workers on matters concerning their conditions of employment.

9. Annex I, Article 7, and Annex II, Article 12. See comments on point 5 of this direct request.

10. Annex II. The Committee asks the Government to provide additional information, including relevant provisions of laws and regulations, on the application in law and practice of Articles 9 to 11 of Annex II of the Convention.

11. Part V of the report form. Practical application. The Committee would appreciate receiving in the next report information, disaggregated by sex, nationality or ethnic origin, on the practical application of the Convention, indicating the number and the distribution of foreign nationals employed in Madagascar and Madagascar nationals employed abroad in the various categories of employment and activity sectors. Please also indicate any practical difficulties encountered in the application of the Convention, as required by Part V of the report form. Please also indicate whether ordinary or other courts of law have handed down decisions on matters of principle concerned with the application of the Convention. If so, please supply the text of these decisions.