Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Madagascar (Ratification: 2019)

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

Article 1 of the Convention. Basic rights. With regard to the measures taken or envisaged to ensure that the rights and guarantees afforded to migrant workers are enjoyed by all migrant workers and members of their families residing in Madagascar, the Committee notes that the Government merely indicates in its report that the labour inspectorate ensures the application of the legislation to migrant workers in Madagascar and that complaints from migrant workers abroad can be sent to the external representations (REPEX) and the Directorate for Consular Legal Matters and Disputes (DAJCC) at the Ministry of Foreign Affairs (Foreign Ministry), which will ensure follow-up with the authorities. While noting this information, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure effective protection of the basic human rights of migrant workers and members of their families residing in Madagascar, and recourse for migrant workers to appropriate remedies in cases of proven violations. It also requests the Government to provide information on the activities of the labour inspectorate in this regard (including the number of cases of abuse detected, the handling of such cases, penalties imposed, compensation awarded, etc.).

Article 2. Collection of data on immigration and emigration. With regard to the measures taken to improve the collection of data on labour migration flows, the Government indicates that, as regards migrant workers in a regular situation, their applications for visas and cases involving the cancellation of visas are registered by the Ministry of the Interior and Decentralization (Interior Ministry), and this enables statistical data to be collected. The Ministry of Public Security, being the authority responsible for expulsions, also has data on the expiry of visas. With regard to emigrant workers, the Foreign Ministry pre-registers them with the Diaspora Directorate, enabling the collection of data. In 2022, a total of 1,817 workers were registered in this way. However, the Committee notes the Government’s indication that: (i) the low rate of consular registration makes the collection of data on nationals working abroad difficult; (ii) data collection among the various technical departments concerned remains impossible to implement and it is very difficult to determine the number of Malagasy workers employed illegally abroad; and (iii) the establishment of a database on migration for employment is one of the national priorities identified by the Government and social partners, and related activities are being undertaken in close collaboration with the Southern Africa Migration Management (SAMM) project. The Committee requests the Government to continue its efforts to improve the collection of data on labour migration. More specifically, the Committee requests the Government to take steps to determine whether there are illegally employed migrant workers on Malagasy territory and whether there is migration for employment under abusive conditions to, from or through Madagascar.

Article 4. National and international collaboration. The Committee notes the information provided by the Government on the functions of the Inter-Ministerial Committee on Monitoring the Emigration of Workers (defined by Order No. 23993/2015/MEETPF of 23 July 2015), namely: verification of job offers and the approval of employment contracts by the REPEX; the approval of employment contracts by the Ministry of Labour, Employment, the Civil Service and Labour Legislation (Labour Ministry) and background checks by the Ministry of Public Security; consular pre-registration by the Foreign Ministry; and encouraging optional consular registration in the month following arrival on foreign soil. The Inter-Ministerial Committee on Monitoring the Emigration of Workers has clarified the procedure for authorization of departure from the territory for emigrant Malagasy workers; for 2022, this resulted in 3,031 employment contracts being approved (1,913 for men and 1,118 for women) with Mauritius as the main destination country (1,362 contracts approved). The Government indicates that the procedure for a worker emigrating from Madagascar is to obtain prior approval for the employment contract from the diplomatic representation of Madagascar in the destination country, then to have the contract approved by the Labour Ministry after background checks by the Ministry of Public Security, and then to proceed with consular pre-registration at the Foreign Ministry, to which the worker concerned must present his/her plane ticket (1,817 emigrant workers completed pre-registration in 2022). As a result of improvements, the procedure is completed in no more than 15 days at the three different ministries concerned. A handbook setting out these procedures is being prepared. As regards international coordination, the Government indicates that it is participating in regional cooperation initiatives and joint ministerial meetings on migration. The Government also indicates that it is participating in cooperation projects relating to migration managed by the Indian Ocean Commission (IOC) and the Southern African Development Community (SADC), and has concluded bilateral labour agreements with Mauritius and Comoros to facilitate the systematic monitoring and approval of employment contracts for workers emigrating to these countries. The Committee requests the Government to provide information on: (i) the adoption of the handbook on labour emigration procedures and any other measures designed to improve national coordination in this area; and (ii) the specific measures adopted in the context of regional collaboration on data collection and information exchanges on migration (such as the SAMM project), indicating whether these exchanges take place systematically.

Article 5. Action against labour trafficking. Further to its previous comments, the Committee notes the Government’s indication that the Directorate of Migration for Employment at the Labour Ministry produces reports. Processing of files is then referred either to the Foreign Ministry for follow-up with the diplomatic representation in the destination country or to the Ministry of Public Security for the investigation and prosecution of cases of labour trafficking. The Foreign Ministry also collaborates with authorities abroad as part of the implementation of mutual judicial assistance projects for the collection of information and the prosecution of perpetrators of labour trafficking. The Committee requests the Government to provide information on the number of reports produced by the Directorate of Migration for Employment with regard to labour trafficking and the follow-up to these reports (number of cases resulting in prosecution in Madagascar or abroad).

Article 8. Administrative status of migrant workers in the event of loss of employment. The Committee notes the Government’s indication, in reply to its previous comment, that migrant workers who lose their jobs prematurely may take up another job of their choice during the period of validity of their work permit. If the migrant worker concerned is in an irregular situation and wishes to return to his/her country of origin, the costs related to the return must be borne by the employer. The Committee also notes the Government’s indication that early termination of the employment contract of a foreign worker requires a substantiated request for the cancellation of the work permit to be submitted to the Labour Ministry. The document cancelling the work permit must be signed by the Labour Ministry before being forwarded to the Interior Ministry for cancellation of the authorization of residence. This procedure aims to ensure that workers’ rights are respected and in particular that the employer bears the costs of workers’ repatriation, whatever the reason for the premature termination of employment. In this regard, the Committee recalls that migrant workers who have resided legally in the country for employment cannot be considered to be in an illegal or irregular situation merely on account of losing their employment, which may not in itself result in withdrawal of the authorization of residence or, if applicable, the work permit. The Committee requests the Government to indicate the procedures and conditions for cancellation of the authorization of residence (indicating the relevant legal or regulatory provisions) and to ensure that loss of employment does not result, in itself and including through the said cancellation procedure, in withdrawal of the authorization of residence or work permit.

Article 9. Access to the courts in the event of departure. The Committee notes that the Government indicates once again that migrant workers, even in an irregular situation, can have access to the courts in the same way as national workers to assert their rights deriving from the employment contract. The Government states that when migrant workers have left the national territory, they can request assistance from representatives such as lawyers. The Government also envisages the inclusion in future bilateral labour agreements of provisions on assistance to migrant workers who wish to file complaints. The REPEX follow up complaints, and these may be forwarded, depending on their content, to the other competent authorities (Foreign Ministry, Labour Ministry, Ministry for the Population and the Promotion of Women). The Committee requests the Government to indicate what follow-up is given to complaints referred to the REPEX (number of cases, penalties, compensation awarded, authorities handling the cases, etc.). The Committee also requests the Government to indicate how migrant workers in an irregular situation who submit complaints to the authorities are protected against the risk of reprisals or expulsion.

Articles 10 and 12. Adoption of a national policy to promote equality of opportunity and treatment. The Committee notes that the Government indicates once again that the country does not yet have a national policy on migration but that this being formulated with technical assistance from the ILO and International Organization for Migration (IOM). The Committee requests the Government to provide information on the measures taken with a view to the formulation and adoption of the national policy on migration, and to indicate whether this provides for active and positive measures to promote equality of opportunity and treatment for migrant workers and the members of their families legally present on the national territory.

Article 14(a). Right to mobility. The Committee notes the Government’s indication that section 9 of Act No. 62-006 of 6 June 1962 establishing the organization and control of immigration applies to foreign citizens who have been in the country for over two years. Since this section provides that foreign workers cannot occupy a job without authorization from the Labour Ministry and that this authorization is issued for a certain category of occupational activity, the Committee recalls that the requirement for an employer to obtain an employment authorization may indirectly restrict the occupational mobility of migrant workers since the latter cannot be hired by employers who have not obtained the authorization. The Committee considers that, once the two-year residence period in the country stipulated by Article 14 of the Convention has elapsed, such restrictions run counter to the principle of equality of treatment between foreign and national workers (see the General Survey of 2016 on migrant workers, paragraph 359). The Committee therefore requests the Government to take steps to ensure that foreign workers are not restricted in their occupational mobility once the two-year legal residence period in the country has elapsed, including indirectly through authorizations limited to certain categories of occupational activity.

Article 14(b). Recognition of qualifications. The Committee notes the Government’s indications that the Directorate of Migration for Employment validates acquired rights and experience and the National Commission for the Administrative Equivalence of Qualifications evaluates applications for equivalence submitted by Malagasy state officials. The Government also indicates that a draft decree on establishing a national certification framework is envisaged. Lastly, the Government states that a regional framework project for the recognition of occupational qualifications acquired within the Indian Ocean region was adopted in October 2023 at a tripartite meeting on partnership regarding skills mobility in the region, which was held in the context of the Southern Africa Migration Management (SAMM) project. The Committee requests the Government to provide information on: (i) any measures taken, including through implementation of any decree, to regulate conditions for the recognition of occupational qualifications acquired abroad; (ii) the manner in which the representative employers’ and workers’ organizations have been consulted on this matter; and (iii) any measures taken to implement the regional framework project for the recognition of qualifications.

Article 14(c). Restrictions on access to employment. Further to its previous comment, the Committee notes the Government’s indication that the Council of State concluded, with regard to the prohibition on the appointment of non-Malagasy nationals to the civil service, that the incorporation of non-nationals into the public service would require prior revision of article 27.2 of the Constitution, under which access to public positions is open to all citizens without any condition other than capacity and aptitude and of which section 17 of the General Public Service Regulations (Act No. 2003-011) is the extension. The Committee reiterates that general prohibitions, when permanent, regarding the access of foreigners to certain occupations are contrary to the principle of equal treatment unless they apply to limited categories of occupations or public services and are necessary in the interest of the State (see General Survey of 2016 on migrant workers, paragraph 370). The Committee therefore once again requests the Government to take measures to ensure that prohibitions on the access of foreigners to employment are restricted to limited categories of employment or functions where this is necessary in the interests of the State.

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

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.

Repetition

The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE), received on 1 September 2022, and forwarded to the Government. The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 1 of the Convention. Basic rights. The Committee notes the Government's indication that the basic rights enumerated in the Constitution of Madagascar are applicable to all workers, regardless of their nationality. It notes, however, that in its observations, the FISEMARE indicates that many workers live without legal status and are not in practice protected against abuse. It also notes that, in its concluding observations, the United Nations (UN) Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) indicated its concern regarding reports of labour exploitation of migrant workers, including children, and of domestic servitude, forced labour and commercial sexual exploitation and noted that the State party had not provided data to give an overview of the situation or information on its efforts to prevent and eradicate these practices (CMW/C/MDG/CO/1, 15 October 2018, paragraph 33). The Committee notes that the UN Committee on the Rights of the Child (CRC) has also recently called on the Government to pay particular attention to migrant children in its efforts to combat sexual exploitation and abuse more generally (CRC/C/MDG/CO/5-6, 9 March 2022, paragraphs 23 and 25). The Committee recalls that Article 1 of the Convention provides that all migrant workers have basic rights without exception, regardless of whether they are in a regular situation. To this end, it is therefore essential to strengthen the capacity of the labour inspectorate and the judicial authorities to detect and punish abusive behaviour. In this regard, the Committee refers to paragraphs 517 and 519 of its 2016 General Survey entitled “Promoting fair migration”. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the rights and guarantees afforded to migrant workers are enjoyed by all migrant workers and members of their families residing in Madagascar, that they are effectively implemented and, where they are not, that migrant workers have recourse to appropriate remedies and sanctions, which are applied in case of proven infringement. It also requests the Government to provide information on the activities of the labour inspectorate in this regard (including the number of cases of abuse detected, the handling of such cases, sanctions imposed and compensation awarded).

Article 2. Collection of data on immigration and emigration. The Committee notes the Government's indication that it collects information on migration flows through the consular registration of Malagasy workers abroad. The Committee notes, however, that the CMW has expressed concern at the lack of disaggregated statistical data to enable monitoring and evaluation of the implementation of the rights set out in the United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW/C/MDG/CO/1, 15 October 2018, paragraph 17). The Committee also notes that, according to the profile drawn up by the International Organization for Migration (IOM) for Madagascar in 2021, migration data is not systematically collected and published, and the related data is not regularly updated. The various ministries tasked with managing migration collect their own statistics on migration but do not coordinate data-sharing (IOM, 2021 – Migration Governance Indicators – Madagascar – Profile 2021, page 15). The Committee recalls that, to allow accurate assessments of changes over time, it calls upon governments to collect and analyse relevant data on labour migration flows, disaggregated by sex, and depending on migration patterns in the country or region, other factors such as origin and age, migrant status, sector of employment and occupation, both from and to their country (see 2016 General Survey, paragraph 649). The Committee therefore requests the Government to provide information on the measures taken to improve the collection of data on labour migration flows, to determine whether there are illegally employed migrant workers on its territory and whether there depart from, pass through or arrive in its territory any movements of migrants for employment in which the migrants are subjected during their journey, on arrival or during their period of residence and employment to conditions contravening international multilateral or bilateral instruments or agreements, or national laws or regulations.

Article 4. National and international collaboration. The Committee notes section 49 of Act No. 2014-40 of 20 January 2015 on combating trafficking in persons, according to which public bodies shall cooperate with non-governmental organizations, and with national and international organizations. It also notes the information included in the migration profile of the IOM, according to which the Ministry of Labour, Employment, Public Services and Labour Legislation (MTEFPLS) chairs the interministerial committee tasked with monitoring the emigration of Malagasy citizens (Decree No. 23993/2015), also comprising representatives of the Ministry of Public Security (MSP), the Ministry of Population, Social Protection and Promotion of Women (MPPSPF), the Ministry of the Interior and Decentralization (MID), the Ministry of Justice (MINJUS) and the Ministry of Foreign Affairs (MAE). With regard to international collaboration, the Committee notes Madagascar's participation in a series of regional collaboration processes in the field of migration (in particular, the Pan-African Forum on Migration, the Migration Dialogue for Southern Africa, the Migration Dialogue from the Common Market for Eastern and Southern Africa Member States, and the Migration Dialogue for the Indian Ocean Commission Countries (IOM, 2021 – Migration Governance Indicators – Madagascar – Profile 2021, pages 14 and 16). The Committee requests the Government to provide detailed information on the activities of the interministerial committee tasked with monitoring emigration (statistical data on the number of emigrant workers, and the nature of information exchanged with host countries to prevent and sanction abuses, etc.). It also requests the Government to specify what information is exchanged as part of regional collaboration on migration and whether these exchanges are carried out systematically.

Article 5. Combating manpower trafficking. The Committee notes that section 38 of Act No. 2014-40 of 20 January 2015 on combating trafficking in persons grants jurisdiction to Malagasy courts where the author or victim is of Malagasy nationality, or where the author of the act is a foreigner present in Madagascar after commission of the act of trafficking or habitually resides in Madagascar, and specifies that the penalties provided for under the Act are applicable, even if certain elements that constitute trafficking were committed in other countries. However, the Committee notes the Government's indication that the Directorate of Labour Migration of the MTEFPLS lacks the means to dismantle international manpower trafficking organizations and networks in practice. The Committee emphasizes in this regard the need to take all necessary measures to promote national (through cooperation with workers’ and employers’ organizations), bilateral, regional and multilateral cooperation to address irregular migration with full respect of migrant workers’ human rights and to prosecute and punish those organizing and assisting in clandestine movements of migrants (2016 General Survey, paragraph 506). The Committee therefore requests the Government to take measures to allow the competent authorities, and in particular the Directorate of Labour Migration, to make arrangements, both nationally and internationally, to ensure that the authors of manpower trafficking can be prosecuted, whatever the country from which they exercise their activities.

Article 8. Administrative status of migrant workers in case of loss of employment. The Committee notes the Government's indication that the end of the validity of a work permit implies the end of authorization of residence for migrant workers. In this respect, the Committee recalls that Article 8 of the Convention expressly requires that permission to reside in the country should not be revoked where the migrant loses his or her employment prematurely 2016 General Survey, paragraph 434). The Committee therefore requests the Government to clarify the situation of a migrant worker who finds himself in an irregular situation by the mere fact of the premature loss of his employment.

Article 9. Access to the courts in case of departure. The Committee notes the Government's indication that migrant workers, like national workers, can present their claims before the courts and the offices of the regional labour inspectorates. While noting this information, the Committee emphasizes that experience shows that, in practice, migrants in an irregular situation will find it difficult to claim their rights, or to gain access to the courts, especially due to the fear of reprisals or deportation (2016 General Survey, paragraph 304). It also recalls that the worker should have the possibility of presenting his case to a competent body, either himself or, especially when he is no longer in the territory, through a representative (Migrant Workers Recommendation, 1975 (No. 151), paragraph 8(4)). The Committee therefore requests the Government to provide information on the measures taken to ensure that migrants, including workers in an irregular situation, can claim their rights before the competent authorities without fear of reprisals or deportation, and that they can present their cases even after they have had to leave the national territory, for example through representatives in Madagascar.

Articles 10 and 12. Adoption of a national policy to promote equality of opportunity and treatment. The Government indicates in its report that the country does not currently have a national policy on migration. The Committee recalls that the Convention requires the Government to develop a national policy promoting equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights and of individual and collective freedoms for migrant workers and members of their families lawfully in the territory. The implementation of a national equality policy implies the adoption of a range of specific measures, usually combining legislative and administrative measures, collective agreements, public policies, positive action, dispute resolution mechanisms, monitoring mechanisms, specialized bodies, practical programmes and awareness-raising activities. The Committee wishes to recall that this national policy can be implemented progressively, and adapted to national conditions, but that it must provide for the implementation of active and positive measures to achieve this aim of equality of opportunity and treatment (2016 General Survey, paragraph 336). The Committee requests the Government to provide regular information on the progress made in developing a national policy of equality of opportunity and treatment for migrant workers and members of their families who are lawfully within its territory.

Article 14(a). Right to mobility. The Committee notes that, according to section 9 of Act No. 62-006 of 6 June 1962 establishing the organization and control of immigration, foreign employees cannot take up employment without authorization from the Minister of Labour and Labour Legislation, and that this authorization is issued for a certain category of occupational activity. The Committee specifies that the Convention allows Members to make the free choice of employment, subject to the conditions that the migrant worker has resided lawfully in its territory for the purpose of employment for a prescribed period not exceeding two years. The Committee requests the Government to specify: (i) whether the authorization issued pursuant to section 9 of Act No. 62-006 is also required for foreign employees who have been employed in the country for more than two years; and (ii) the different categories of occupational activities for which these authorizations are issued.

Article 14(b). Recognition of qualifications. The Committee notes the Government's indication that the matter of recognition of qualifications acquired outside the territory is not currently regulated in the country. The Committee requests the Government to provide information on any measures taken to regulate the conditions for the recognition of occupational qualifications acquired outside the territory, and to indicate how the representative organizations of employers and workers have been consulted in this regard.

Article 14(c). Restrictions to access to employment. The Government indicates in its report that, according to section 17 of the general regulations applicable to public servants (Act No. 2003-011), no one shall be employed as a civil servant unless he or she is of Malagasy nationality. The Committee recalls that general prohibitions as regards the access of foreigners to certain occupations, when permanent, are contrary to the principle of equal treatment unless they apply to limited categories of occupations or public services and are necessary in the interest of the State (2016 General Survey, paragraph 370). The Committee therefore requests the Government to take measures to limit the categories of occupations or public services prohibited to foreign workers, so that these prohibitions are limited only to occupations or functions which, if opened to foreign workers, could present a risk to the interests of the State.

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

The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE), received on 1 September 2022, and forwarded to the Government. The Committee notes the Government’s first report and requests it to provide further information on the following points.

Article 1 of the Convention. Basic rights. The Committee notes the Government's indication that the basic rights enumerated in the Constitution of Madagascar are applicable to all workers, regardless of their nationality. It notes, however, that in its observations, the FISEMARE indicates that many workers live without legal status and are not in practice protected against abuse. It also notes that, in its concluding observations, the United Nations (UN) Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) indicated its concern regarding reports of labour exploitation of migrant workers, including children, and of domestic servitude, forced labour and commercial sexual exploitation and noted that the State party had not provided data to give an overview of the situation or information on its efforts to prevent and eradicate these practices (CMW/C/MDG/CO/1, 15 October 2018, para. 33). The Committee notes that the UN Committee on the Rights of the Child (CRC) has also recently called on the Government to pay particular attention to migrant children in its efforts to combat sexual exploitation and abuse more generally (CRC/C/MDG/CO/5-6, 9 March 2022, paras. 23 and 25). The Committee recalls that Article 1 of the Convention provides that all migrant workers have basic rights without exception, regardless of whether they are in a regular situation. To this end, it is therefore essential to strengthen the capacity of the labour inspectorate and the judicial authorities to detect and punish abusive behaviour. In this regard, the Committee refers to paragraphs 517 and 519 of its 2016 General Survey entitled “Promoting fair migration”. The Committee requests the Government to provide information on the measures taken or envisaged to ensure that the rights and guarantees afforded to migrant workers are enjoyed by all migrant workers and members of their families residing in Madagascar, that they are effectively implemented and, where they are not, that migrant workers have recourse to appropriate remedies and sanctions, which are applied in case of proven infringement. It also requests the Government to provide information on the activities of the labour inspectorate in this regard (including the number of cases of abuse detected, the handling of such cases, sanctions imposed and compensation awarded).

Article 2. Collection of data on immigration and emigration. The Committee notes the Government's indication that it collects information on migration flows through the consular registration of Malagasy workers abroad. The Committee notes, however, that the CMW has expressed concern at the lack of disaggregated statistical data to enable monitoring and evaluation of the implementation of the rights set out in the United Nations Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW/C/MDG/CO/1, 15 October 2018, para. 17). The Committee also notes that, according to the profile drawn up by the International Organization for Migration (IOM) for Madagascar in 2021, migration data is not systematically collected and published, and the related data is not regularly updated. The various ministries tasked with managing migration collect their own statistics on migration but do not coordinate data-sharing (IOM, 2021 – Migration Governance Indicators – Madagascar – Profile 2021, p. 15). The Committee recalls that, to allow accurate assessments of changes over time, it calls upon governments to collect and analyse relevant data on labour migration flows, disaggregated by sex, and depending on migration patterns in the country or region, other factors such as origin and age, migrant status, sector of employment and occupation, both from and to their country (2016 General Survey, para. 649). The Committee therefore requests the Government to provide information on the measures taken to improve the collection of data on labour migration flows, to determine whether there are illegally employed migrant workers on its territory and whether there depart from, pass through or arrive in its territory any movements of migrants for employment in which the migrants are subjected during their journey, on arrival or during their period of residence and employment to conditions contravening international multilateral or bilateral instruments or agreements, or national laws or regulations.

Article 4. National and international collaboration. The Committee notes section 49 of Act No. 2014-40 of 20 January 2015 on combating trafficking in persons, according to which public bodies shall cooperate with non-governmental organizations, and with national and international organizations. It also notes the information included in the migration profile of the IOM, according to which the Ministry of Labour, Employment, Public Services and Labour Legislation (MTEFPLS) chairs the interministerial committee tasked with monitoring the emigration of Malagasy citizens (Decree No. 23993/2015), also comprising representatives of the Ministry of Public Security (MSP), the Ministry of Population, Social Protection and Promotion of Women (MPPSPF), the Ministry of the Interior and Decentralization (MID), the Ministry of Justice (MINJUS) and the Ministry of Foreign Affairs (MAE). With regard to international collaboration, the Committee notes Madagascar's participation in a series of regional collaboration processes in the field of migration (in particular, the Pan-African Forum on Migration, the Migration Dialogue for Southern Africa, the Migration Dialogue from the Common Market for Eastern and Southern Africa Member States, and the Migration Dialogue for the Indian Ocean Commission Countries (IOM, 2021 – Migration Governance Indicators – Madagascar – Profile 2021, pp. 14 and 16). The Committee requests the Government to provide detailed information on the activities of the interministerial committee tasked with monitoring emigration (statistical data on the number of emigrant workers, and the nature of information exchanged with host countries to prevent and sanction abuses, etc.). It also requests the Government to specify what information is exchanged as part of regional collaboration on migration and whether these exchanges are carried out systematically.

Article 5. Combating manpower trafficking. The Committee notes that section 38 of Act No. 2014-40 of 20 January 2015 on combating trafficking in persons grants jurisdiction to Malagasy courts where the author or victim is of Malagasy nationality, or where the author of the act is a foreigner present in Madagascar after commission of the act of trafficking or habitually resides in Madagascar, and specifies that the penalties provided for under the Act are applicable, even if certain elements that constitute trafficking were committed in other countries. However, the Committee notes the Government's indication that the Directorate of Labour Migration of the MTEFPLS lacks the means to dismantle international manpower trafficking organizations and networks in practice. The Committee emphasizes in this regard the need to take all necessary measures to promote national (through cooperation with workers’ and employers’ organizations), bilateral, regional and multilateral cooperation to address irregular migration with full respect of migrant workers’ human rights and to prosecute and punish those organizing and assisting in clandestine movements of migrants (2016 General Survey, para. 506). The Committee therefore requests the Government to take measures to allow the competent authorities, and in particular the Directorate of Labour Migration, to make arrangements, both nationally and internationally, to ensure that the authors of manpower trafficking can be prosecuted, whatever the country from which they exercise their activities.

Article 8. Administrative status of migrant workers in case of loss of employment. The Committee notes the Government's indication that the end of the validity of a work permit implies the end of authorization of residence for migrant workers. In this respect, the Committee recalls that Article 8 of the Convention expressly requires that permission to reside in the country should not be revoked where the migrant loses his or her employment prematurely 2016 General Survey, para. 434). The Committee therefore requests the Government to clarify the situation of a migrant worker who finds himself in an irregular situation by the mere fact of the premature loss of his employment.

Article 9. Access to the courts in case of departure. The Committee notes the Government's indication that migrant workers, like national workers, can present their claims before the courts and the offices of the regional labour inspectorates. While noting this information, the Committee emphasizes that experience shows that, in practice, migrants in an irregular situation will find it difficult to claim their rights, or to gain access to the courts, especially due to the fear of reprisals or deportation (2016 General Survey, para. 304). It also recalls that the worker should have the possibility of presenting his case to a competent body, either himself or, especially when he is no longer in the territory, through a representative (Migrant Workers Recommendation, 1975 (No. 151), para. 8(4)). The Committee therefore requests the Government to provide information on the measures taken to ensure that migrants, including workers in an irregular situation, can claim their rights before the competent authorities without fear of reprisals or deportation, and that they can present their cases even after they have had to leave the national territory, for example through representatives in Madagascar.

Articles 10 and 12. Adoption of a national policy to promote equality of opportunity and treatment. The Government indicates in its report that the country does not currently have a national policy on migration. The Committee recalls that the Convention requires the Government to develop a national policy promoting equality of opportunity and treatment in respect of employment and occupation, of social security, of trade union and cultural rights and of individual and collective freedoms for migrant workers and members of their families lawfully in the territory. The implementation of a national equality policy implies the adoption of a range of specific measures, usually combining legislative and administrative measures, collective agreements, public policies, positive action, dispute resolution mechanisms, monitoring mechanisms, specialized bodies, practical programmes and awareness-raising activities. The Committee wishes to recall that this national policy can be implemented progressively, and adapted to national conditions, but that it must provide for the implementation of active and positive measures to achieve this aim of equality of opportunity and treatment (2016 General Survey, para. 336). The Committee requests the Government to provide regular information on the progress made in developing a national policy of equality of opportunity and treatment for migrant workers and members of their families who are lawfully within its territory.

Article 14(a). Right to mobility. The Committee notes that, according to section 9 of Act No. 62-006 of 6 June 1962 establishing the organization and control of immigration, foreign employees cannot take up employment without authorization from the Minister of Labour and Labour Legislation, and that this authorization is issued for a certain category of occupational activity. The Committee specifies that the Convention allows Members to make the free choice of employment, subject to the conditions that the migrant worker has resided lawfully in its territory for the purpose of employment for a prescribed period not exceeding two years. The Committee requests the Government to specify: (i) whether the authorization issued pursuant to section 9 of Act No. 62-006 is also required for foreign employees who have been employed in the country for more than two years; and (ii) the different categories of occupational activities for which these authorizations are issued.

Article 14(b). Recognition of qualifications. The Committee notes the Government's indication that the matter of recognition of qualifications acquired outside the territory is not currently regulated in the country. The Committee requests the Government to provide information on any measures taken to regulate the conditions for the recognition of occupational qualifications acquired outside the territory, and to indicate how the representative organizations of employers and workers have been consulted in this regard.

Article 14(c). Restrictions to access to employment. The Government indicates in its report that, according to section 17 of the general regulations applicable to public servants (Act No. 2003-011), no one shall be employed as a civil servant unless he or she is of Malagasy nationality. The Committee recalls that general prohibitions as regards the access of foreigners to certain occupations, when permanent, are contrary to the principle of equal treatment unless they apply to limited categories of occupations or public services and are necessary in the interest of the State (2016 General Survey, para. 370). The Committee therefore requests the Government to take measures to limit the categories of occupations or public services prohibited to foreign workers, so that these prohibitions are limited only to occupations or functions which, if opened to foreign workers, could present a risk to the interests of the State.