Abolition of Forced Labour Convention, 1957 (No. 105) - Madagascar (Ratification: 2007)

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

Article 1(b) of the Convention. Imposition of forced labour as a method of mobilizing and using labour for the purposes of economic development. The Committee recalls that Ordinance No. 78-002 of 16 February 1978 setting forth the general principles of national service, is incompatible with the Convention inasmuch as, under the Ordinance, all Malagasies are bound by the duty of national service, which is defined as compulsory participation in national defence and in the economic and social development of the country. The Committee notes the Government’s indication in its report that a draft text amending Ordinance No. 78-002 of 16 February 1978 is being prepared at the Ministry of National Defence. The Government also explains that the recruitment of Malagasies who have opted for national service is undertaken on the basis of requests for recruitment received by the Ministry and only interested persons who have the requisite qualities are accepted. The Committee also notes the Government’s indication in its report on the application of the Forced Labour Convention, 1930 (No. 29), that participation in national service is voluntary and requires a written request from the interested person.

The Committee observes that the obligations of national service, as defined in the above-mentioned Ordinance No. 78-002, include registration, review and activity for a period of two years. The latter can be performed either in or outside the armed forces, in particular in the context of “development action military service” (SMAD). The Committee recalls that programmes involving the compulsory participation of young persons in activities for the development of their country as part of military service or replacing it are incompatible not only with Article 1(b) of the Convention, which prohibits the use of labour for purposes of economic development, but also with Article 2(2)(a) of Convention No. 29, which provides that any work or service exacted in virtue of compulsory military service laws must be of a purely military character.

In view of the Government’s indication that in practice participation in national service is voluntary and that a draft text amending Ordinance No. 78-002 is being prepared, the Committee expresses the firm hope that the Government will take the necessary steps to bring the legislation concerning national service into conformity with Conventions Nos 29 and 105, either by making national service voluntary or by limiting the work done as part of national service obligations to work of a purely military nature.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(b) of the Convention. Imposition of forced labour as a method of mobilizing and using labour for the purposes of economic development. In its previous comments, the Committee emphasized that national service, as established in Ordinance No. 78-002 of 16 February 1978 setting forth the general principles of national service, is incompatible with Article 1(b) of the Convention. Under the terms of section 2 of the Ordinance, all Malagasies are bound by the duty of national service defined as compulsory participation in national defence and in the economic and social development of the country. This compulsory service, which requires citizens to be engaged in defence or development work, involves citizens of both sexes for a maximum period of two years and may be carried out up to the age of 35. The Committee requested the Government to take the necessary measures to bring its legislation into conformity with the Convention.

The Committee notes the Government’s indication that, after the processes of registration and review, young national service conscripts have to carry out their service by choosing between two options: (i) being excused for family reasons, in which case conscription is cancelled or deferred for one year, depending on the circumstances; or (ii) continuing vocational training through Action for Development Military Service (SMAD). The objective of the SMAD is therefore to facilitate the integration into active life of young Malagasies who volunteer for national service. The SMAD is established on a voluntary basis for young persons, and the duration of the training is set at 24 months, following which the volunteers are released from their statutory service obligations. These young persons choose between training for rural or urban trades.

The Committee once again recalls that programmes involving the compulsory participation of young persons in the context of military service or, instead of such service, in work for the development of their country, are incompatible with Article 1(b) of the Convention, which prohibits the use of compulsory national service as a method of mobilizing labour for the purposes of economic development. It observes that the Ordinance of 1978 provides that all Malagasies are covered by the duty of national service, defined as compulsory participation in national defence and in the economic and social development of the country. The Committee firmly requests the Government to take the necessary measures to bring Ordinance No. 78-002 of 16 February 1978 into conformity with the Convention by guaranteeing that compulsory national service is not used as a method of mobilizing labour for the purposes of economic development. In the meantime, the Committee requests the Government to specify the relationship between the service obligations envisaged in the framework of compulsory national service, as set out in the Ordinance of 1978, and participation in SMAD. The Committee further requests the Government to indicate the practical modalities for the implementation of the SMAD and whether young persons who have chosen the SMAD can cancel the training on their own initiative. Finally, the Committee requests the Government to indicate the number of cancellations registered and their consequences.

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

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

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

Repetition

Article 1(b) of the Convention. Imposition of forced labour as a method of mobilizing and using labour for the purposes of economic development. In its previous comments, the Committee emphasized that national service, as established in Ordinance No. 78-002 of 16 February 1978 setting forth the general principles of national service, is incompatible with Article 1(b) of the Convention. Under the terms of section 2 of the Ordinance, all Malagasies are bound by the duty of national service defined as compulsory participation in national defence and in the economic and social development of the country. This compulsory service, which requires citizens to be engaged in defence or development work, involves citizens of both sexes for a maximum period of two years and may be carried out up to the age of 35. The Committee requested the Government to take the necessary measures to bring its legislation into conformity with the Convention.

The Committee notes the Government’s indication that, after the processes of registration and review, young national service conscripts have to carry out their service by choosing between two options: (i) being excused for family reasons, in which case conscription is cancelled or deferred for one year, depending on the circumstances; or (ii) continuing vocational training through Action for Development Military Service (SMAD). The objective of the SMAD is therefore to facilitate the integration into active life of young Malagasies who volunteer for national service. The SMAD is established on a voluntary basis for young persons, and the duration of the training is set at 24 months, following which the volunteers are released from their statutory service obligations. These young persons choose between training for rural or urban trades.

The Committee once again recalls that programmes involving the compulsory participation of young persons in the context of military service or, instead of such service, in work for the development of their country, are incompatible with Article 1(b) of the Convention, which prohibits the use of compulsory national service as a method of mobilizing labour for the purposes of economic development. It observes that the Ordinance of 1978 provides that all Malagasies are covered by the duty of national service, defined as compulsory participation in national defence and in the economic and social development of the country. The Committee firmly requests the Government to take the necessary measures to bring Ordinance No. 78-002 of 16 February 1978 into conformity with the Convention by guaranteeing that compulsory national service is not used as a method of mobilizing labour for the purposes of economic development. In the meantime, the Committee requests the Government to specify the relationship between the service obligations envisaged in the framework of compulsory national service, as set out in the Ordinance of 1978, and participation in SMAD. The Committee further requests the Government to indicate the practical modalities for the implementation of the SMAD and whether young persons who have chosen the SMAD can cancel the training on their own initiative. Finally, the Committee requests the Government to indicate the number of cancellations registered and their consequences.

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

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

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

Repetition

Article 1(b) of the Convention. Imposition of forced labour as a method of mobilizing and using labour for the purposes of economic development. In its previous comments, the Committee emphasized that national service, as established in Ordinance No. 78-002 of 16 February 1978 setting forth the general principles of national service, is incompatible with Article 1(b) of the Convention. Under the terms of section 2 of the Ordinance, all Malagasies are bound by the duty of national service defined as compulsory participation in national defence and in the economic and social development of the country. This compulsory service, which requires citizens to be engaged in defence or development work, involves citizens of both sexes for a maximum period of two years and may be carried out up to the age of 35. The Committee requested the Government to take the necessary measures to bring its legislation into conformity with the Convention.

The Committee notes the Government’s indication that, after the processes of registration and review, young national service conscripts have to carry out their service by choosing between two options: (i) being excused for family reasons, in which case conscription is cancelled or deferred for one year, depending on the circumstances; or (ii) continuing vocational training through Action for Development Military Service (SMAD). The objective of the SMAD is therefore to facilitate the integration into active life of young Malagasies who volunteer for national service. The SMAD is established on a voluntary basis for young persons, and the duration of the training is set at 24 months, following which the volunteers are released from their statutory service obligations. These young persons choose between training for rural or urban trades.

The Committee once again recalls that programmes involving the compulsory participation of young persons in the context of military service or, instead of such service, in work for the development of their country, are incompatible with Article 1(b) of the Convention, which prohibits the use of compulsory national service as a method of mobilizing labour for the purposes of economic development. It observes that the Ordinance of 1978 provides that all Malagasies are covered by the duty of national service, defined as compulsory participation in national defence and in the economic and social development of the country. The Committee firmly requests the Government to take the necessary measures to bring Ordinance No. 78-002 of 16 February 1978 into conformity with the Convention by guaranteeing that compulsory national service is not used as a method of mobilizing labour for the purposes of economic development. In the meantime, the Committee requests the Government to specify the relationship between the service obligations envisaged in the framework of compulsory national service, as set out in the Ordinance of 1978, and participation in SMAD. The Committee further requests the Government to indicate the practical modalities for the implementation of the SMAD and whether young persons who have chosen the SMAD can cancel the training on their own initiative. Finally, the Committee requests the Government to indicate the number of cancellations registered and their consequences.

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

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2016.

Repetition

Article 1(b) of the Convention. Imposition of forced labour as a method of mobilizing and using labour for the purposes of economic development. In its previous comments, the Committee emphasized that national service, as established in Ordinance No. 78-002 of 16 February 1978 setting forth the general principles of national service, is incompatible with Article 1(b) of the Convention. Under the terms of section 2 of the Ordinance, all Malagasies are bound by the duty of national service defined as compulsory participation in national defence and in the economic and social development of the country. This compulsory service, which requires citizens to be engaged in defence or development work, involves citizens of both sexes for a maximum period of two years and may be carried out up to the age of 35. The Committee requested the Government to take the necessary measures to bring its legislation into conformity with the Convention.

The Committee notes the Government’s indication that, after the processes of registration and review, young national service conscripts have to carry out their service by choosing between two options: (i) being excused for family reasons, in which case conscription is cancelled or deferred for one year, depending on the circumstances; or (ii) continuing vocational training through Action for Development Military Service (SMAD). The objective of the SMAD is therefore to facilitate the integration into active life of young Malagasies who volunteer for national service. The SMAD is established on a voluntary basis for young persons, and the duration of the training is set at 24 months, following which the volunteers are released from their statutory service obligations. These young persons choose between training for rural or urban trades.

The Committee once again recalls that programmes involving the compulsory participation of young persons in the context of military service or, instead of such service, in work for the development of their country, are incompatible with Article 1(b) of the Convention, which prohibits the use of compulsory national service as a method of mobilizing labour for the purposes of economic development. It observes that the Ordinance of 1978 provides that all Malagasies are covered by the duty of national service, defined as compulsory participation in national defence and in the economic and social development of the country. The Committee firmly requests the Government to take the necessary measures to bring Ordinance No. 78-002 of 16 February 1978 into conformity with the Convention by guaranteeing that compulsory national service is not used as a method of mobilizing labour for the purposes of economic development. In the meantime, the Committee requests the Government to specify the relationship between the service obligations envisaged in the framework of compulsory national service, as set out in the Ordinance of 1978, and participation in SMAD. The Committee further requests the Government to indicate the practical modalities for the implementation of the SMAD and whether young persons who have chosen the SMAD can cancel the training on their own initiative. Finally, the Committee requests the Government to indicate the number of cancellations registered and their consequences.

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

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Article 1(b) of the Convention. Imposition of forced labour as a method of mobilizing and using labour for the purposes of economic development. In its previous comments, the Committee emphasized that national service, as established in Ordinance No. 78-002 of 16 February 1978 setting forth the general principles of national service, is incompatible with Article 1(b) of the Convention. Under the terms of section 2 of the Ordinance, all Malagasies are bound by the duty of national service defined as compulsory participation in national defence and in the economic and social development of the country. This compulsory service, which requires citizens to be engaged in defence or development work, involves citizens of both sexes for a maximum period of two years and may be carried out up to the age of 35. The Committee requested the Government to take the necessary measures to bring its legislation into conformity with the Convention.

The Committee notes the Government’s indication that, after the processes of registration and review, young national service conscripts have to carry out their service by choosing between two options: (i) being excused for family reasons, in which case conscription is cancelled or deferred for one year, depending on the circumstances; or (ii) continuing vocational training through Action for Development Military Service (SMAD). The objective of the SMAD is therefore to facilitate the integration into active life of young Malagasies who volunteer for national service. The SMAD is established on a voluntary basis for young persons, and the duration of the training is set at 24 months, following which the volunteers are released from their statutory service obligations. These young persons choose between training for rural or urban trades.

The Committee once again recalls that programmes involving the compulsory participation of young persons in the context of military service or, instead of such service, in work for the development of their country, are incompatible with Article 1(b) of the Convention, which prohibits the use of compulsory national service as a method of mobilizing labour for the purposes of economic development. It observes that the Ordinance of 1978 provides that all Malagasies are covered by the duty of national service, defined as compulsory participation in national defence and in the economic and social development of the country. The Committee firmly requests the Government to take the necessary measures to bring Ordinance No. 78-002 of 16 February 1978 into conformity with the Convention by guaranteeing that compulsory national service is not used as a method of mobilizing labour for the purposes of economic development. In the meantime, the Committee requests the Government to specify the relationship between the service obligations envisaged in the framework of compulsory national service, as set out in the Ordinance of 1978, and participation in SMAD. The Committee further requests the Government to indicate the practical modalities for the implementation of the SMAD and whether young persons who have chosen the SMAD can cancel the training on their own initiative. Finally, the Committee requests the Government to indicate the number of cancelations registered and their consequences.

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

The Committee notes the observations made by the General Confederation of Workers’ Unions of Madagascar (CGSTM) received on 4 September 2012, as well as the Government’s reply to those observations.

Article 1(b) of the Convention. Imposition of forced labour as a method of mobilizing and using labour for the purposes of economic development. In its previous comments, the Committee emphasized that national service, as established in Ordinance No. 78-002 of 16 February 1978 setting forth general principles of national service, is incompatible with the Convention. Under the terms of section 2 of the Ordinance, all Malagasies are bound by the duty of national service defined as compulsory participation in national defence and in the economic and social development of the country. This compulsory service, which requires citizens to be engaged in defence or development services, concerns citizens of both sexes for a maximum period of two years and may be carried out up to the age of 35. The Committee requested the Government to take the necessary measures to bring its legislation into conformity with the Convention.

The Committee notes the observations made by the CGSTM that the Government has not adopted any measure to bring Ordinance No. 78-002 of 16 February 1978 on the general principles of national service into conformity with the Convention.

The Committee notes the Government’s explanations according to which there are two types of national service: national service in the armed forces and national service outside the armed forces. Ordinance No. 73-004 of 9 February 1973 established voluntary national service outside the armed forces, which is reserved for young women, mostly employed in public establishments. Ordinance No. 78-002 of 16 February 1978 confirms the voluntary nature of this service. National service in the armed forces only concerns young men who are called up according to the specific needs of the two forces: the army and the national gendarmerie (for example, as secretaries, gardeners, builders, metalworkers, mechanics, etc.). The Government adds that, given the political and social climate experienced by the country (unemployment, poverty, idleness), volunteering in the armed forces is extended to minors (17 years old) under certain conditions.

The Committee notes, however, that the Government makes no further reference to the plan to review Ordinance No. 78-002 of 16 February 1978, as mentioned in its previous report. The Committee once again recalls that programmes involving the compulsory participation of young persons in the context of military service or, instead of such service, in activities for the development of their country, are incompatible with Article 1(b) of the Convention, which prohibits the use of compulsory labour as a method of mobilizing labour for the purposes of economic development.

The Committee once again hopes that the Government will take the necessary measures to bring its legislation into conformity with the Convention, by ensuring that compulsory national service is not used as a method of mobilizing labour for the purposes of economic development. The Committee also refers to the comments that it is making under the Forced Labour Convention, 1930 (No. 29).

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the information provided by the Government concerning the disciplinary sanctions applicable to workers, and the copy of the model internal rules.

Article 1(b) of the Convention. Imposition of forced labour as a method of mobilizing and using labour for the purposes of economic development. In its previous direct request, the Committee emphasized that national service, as established in Ordinance No. 78-002 of 16 February 1978 setting forth general principles of national service, is incompatible with the Convention. Under the terms of section 2 of the Ordinance, all Malagasies are bound by the duty of national service defined as compulsory participation in national defence and in the economic and social development of the country. This compulsory service, which puts citizens at the effective service of the defence or of development, concerns citizens of both sexes for a maximum period of two years and may be carried out up to the age of 35. The Committee recalled that programmes involving the compulsory participation of young persons in the context of military service and, instead of such service, in activities for the development of their country, are incompatible with Article 1(b) of the Convention, which prohibits the use of compulsory labour as a method of mobilizing labour for the purposes of economic development.

In its last report, the Government indicates that Ordinance No. 78-002 is no longer applied and that it will be reviewed. It adds that it will provide information on the measures adopted for this purpose, once the crisis affecting the country has passed. The Committee notes this information and hopes that the Government will be in a position to provide information, in its next report, on the progress achieved in the process of revising the above Ordinance and that, in the context of this process, due account will be taken of the Committee’s comments with a view to bringing the legislation on national service into conformity with the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the information provided by the Government in its first report on the application of the Convention.

Article 1(b) of the Convention. Imposition of forced labour as a method of mobilizing and using labour for purposes of economic development. The Committee notes that, under section 2 of Ordinance No. 78-002 of 16 February 1978 setting forth general principles of national service, all Malagasies are bound by the duty of national service defined as compulsory participation in national defence and in the economic and social development of the country. This compulsory service, which puts citizens at the effective service of the defence or of development, concerns both citizens of both sexes for a maximum period of two years and may be carried out up to the age of 35. This obligation is carried out in the armed forces, outside the armed forces, or partly in the armed forces and partly outside the armed forces.

The Committee draws the Government’s attention to the fact that programmes involving the compulsory participation of young persons in the context of military service and, instead of such service, in activities for the development of their country have been considered incompatible with Article 1(b) of the Convention, which does not allow compulsory national service to be used as a method of mobilizing and using labour for purposes of economic development. Moreover, the above provisions of the national legislation are also contrary to Article 2(2)(a) of the Forced Labour Convention, 1930 (No. 29), which has also been ratified by Madagascar. The Committee notes in this respect that, in the context of the application of Convention No. 29, the Government indicated that Ordinance No. 78-002 could be considered obsolete and that its revision could be envisaged.

The Committee hopes that the Government will take all the necessary measures to bring the national legislation on compulsory national service into conformity with the Convention.

Article 1(c). Imposition of forced labour as a means of labour discipline. The Committee notes that section 168 of the Labour Code (Act No. 2003-044 of 28 July 2004) provides that, through internal rules, “the employer shall establish the general and permanent rules respecting the technical organization of the establishment and general discipline, determining the nature and extent of the penalties which may be imposed … ”. Section 170 specifies that an order made by the minister responsible for labour shall determine the minimum content of internal rules and the applicable sanctions. The Committee would be grateful if the Government would provide a copy of the ministerial order referred to in section 170 of the Labour Code, so that it could examine the nature of disciplinary measures that may be imposed on employees.