Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Madagascar (Ratification: 1997)

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

Previous comment

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), attached to the Government’s report. The Committee also notes the observations of the General Confederation of Workers’ Unions of Madagascar (FISEMA) and of the Confederation of Malagasy Revolutionary Workers’ Unions (FISEMARE), received on 1 September 2022. The Committee requests the Government to provide its comments on the observations of the social partners.

Part I of the report form. National legislation. The Committee notes the recently adopted regulatory texts, in particular: (i) Decree No. 2017-843 of 19 September 2017, reforming the National Labour Committee (CNT), the tripartite consultation body for the social partners on employment, vocational training, social protection, labour and wages; and establishing Tripartite Regional Labour Councils (CRTTs) to ensure the effectiveness of tripartite consultations at the regional level; (ii) Decree No. 2020-1357 of 21 October 2020, on the composition, organization and functioning of the Higher Public Service council (CSFOP), a bipartite consultation body on regulations and laws concerning the public service; (iii) Order No. 18455/2018/MTM, establishing procedures for appointing members of the CNT; (iv) Order No. 18455/2018/MTM, establishing procedures for appointing members of the National Tripartite Maritime Labour Council (CNTTM); (v) Order No. 16817/2019/MTM, nominating members of the CNTTM; (vi) Circular No. 30/MTEFPLS/SG/DGTLS/20, extending until further notice the term of office of staff delegates, board members and management committee members of different tripartite management bodies; and (vii) Circular No. 055/MTEFPLS/SG/DGTLS/22 of 27 April 2022, requiring the election of staff delegates no later than September 2022. The Committee requests the Government to provide information on the impact of the newly adopted legislation on the manner in which the Convention is applied and to continue providing information on the adoption of texts giving effect to the Convention.

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes with interest that the Government ratified the following six instruments in June 2019: (i) the Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143); (ii) the Labour Relations (Public Service) Convention, 1978 (No. 151); (iii) the Collective Bargaining Convention, 1981 (No. 154); (iv) the Private Employment Agencies Convention, 1997 (No. 181); (v) the Domestic Workers Convention, 2011 (No. 189); and (vi) the Protocol of 2014 to the Forced Labour Convention, 1930. The Government indicates that it consulted the social partners regarding these ratifications and commissioned a prior gap analysis relating to these instruments and had it validated by the social partners. The Government explains that consultations are held in the CNT for matters concerning the private sector and in the CSFOP for matters concerning the public sector. The Government also indicates that workshops on tripartite consultations are held to involve representatives of the workers and of the employers in decision-making which relates to them. With regard to the ratification of Conventions Nos 143, 154, 181 and 189 and the Protocol of 2014, consultations took place in the CNT on 6 September 2018. The views of the representative employers’ and workers’ organizations that participated are recorded in a memorandum of 5 October 2018. With regard to Conventions Nos 151 and 154, the Government indicates that it also held consultations in the CSFOP. At a meeting of 2 August 2018, the CSFOP issued a favourable opinion regarding the ratification of Convention No. 151. As regards Convention No. 154, the formal opinion of the CSFOP was issued at a workshop held the same month. The views of the representative organizations in the CSFOP are reproduced in a memorandum of 6 September 2018. The Government adds that tripartite consultations also took place regarding the adoption of texts taking account of the above-mentioned ratifications. Following the ratification of Convention No. 151, exchanges took place with the ministries, “strengthened by the participation of representatives of the trade unions”, regarding a Bill issuing the General Public Service Regulations, to replace the current General Regulations for Public Servants. A tripartite consultation workshop on this subject was held from 8 to 11 September 2020. The process of the adoption of the Bill was interrupted by the COVID-19 pandemic and is still in progress. Numerous tripartite consultations also took place on the alignment of the Labour Code with Conventions Nos 143, 181, 189 and the Protocol of 2014. Initial tripartite consultations to identify the texts needing amendments took place in July 2019. In February 2020, preliminary work on reform of the Labour Code took place with the participation of the tripartite actors at a technical validation workshop. Tripartite consultations were then held from 22 to 26 March 2021, from 21 to 24 September 2021 and from January to April 2022. Regarding the application of Conventions Nos 143 and 181, the Government indicates that in December 2020 it organized a workshop to give official status to the focal points for fair recruitment in the two regions of origin of Malagasy migrant workers. The focal points comprise civil society organizations and employers’ and workers’ representatives from the most representative regional organizations. The Government also explains that the CNT was consulted on 5 April 2022 regarding the adoption of Decree No. 2022-626 fixing the minimum initial wage (SME) for the private sector. It was also consulted on 10 June 2022 concerning a draft order updating the list of occupational diseases.

With regard to potential issues in reports to be submitted to the Office under article 22 of the ILO Constitution, the Government indicates that in August 2022, at a workshop for the presentation and tripartite validation of the country report, the most representative employers’ and workers’ organizations were called upon to give their views on the application of the Conventions and on the reports. Regarding the ratification proposals, the Government proposed ratifying the Work in Fishing Convention, 2007 (No. 188). However, further to a consultation and cooperation workshop, the stakeholders agreed to, first, ratify the Maritime Labour Convention, 2006, as amended (MLC, 2006). A validation workshop took place in 2017 during which a road map for ratification of the MLC, 2006, was adopted. The procedure for the adoption of the ratification Act was launched. The ministers concerned signed the ratification Bill, which was deposited with a view to being placed on the agenda of the Council of Ministers. Following the change of Government, a new presentation of the ratification Bill is being prepared. At a general assembly on 1 October 2019, the CNTTM supported the ratification process. As regards denunciations of ratified Conventions, the Government states that no tripartite consultations took place since the Government did not denounce any Convention during the period covered by the report.

As regards the observations of the social partners, the Committee notes that FISEMA, while recognizing that the reforms demanded of the CNT took place in early 2020, observes that the functioning of the CNT still needs to be improved. For example, FISEMA notes that the CNT is still chaired by the Ministry of Labour, whereas, under the terms of Decree No. 2017-843 of 19 September 2017, it should rotate each year between representatives of the Government, workers and employers, respectively. FISEMA also points out that the agenda and activities of the CNT are generally fixed according to the needs and priorities of the Government, which is not in line with the provisions of Decree No. 2017-843. According to FISEMA, international labour standards and their transposition into national law are not examined regularly, effectively and seriously but “in an untimely manner” according to the whim of the Government. As regards the CRTTs, FISEMA emphasizes that they have not been established and are not operating.

The Committee also notes that FISEMARE, while recognizing that there is cooperation between employers’ and workers’ representatives, observes that the functioning of the CNT is “limited”. FISEMARE points out that tripartism is not always respected and that social dialogue is not practiced systematically. FISEMARE considers that the Government often forgets the trade unions in decision-making.

The Committee also notes that SEKRIMA, while recognizing that the social partners are in general duly consulted, emphasizes that the concrete application of the results of tripartite consultations is problematic. By way of example, SEKRIMA states that, as regards the application of Decree No. 2022-626 fixing the SME, the Government decided to subsidize the difference between the amount of the SME and the amount of wages in the private sector by paying part of employers’ contributions to the National Social Security Fund (CNaPS). However, not all workers are affiliated to the CNaPS. In light of the above, the Committee requests the Government to respond to the concerns expressed by the above-mentioned trade union organizations regarding the manner in which national law and practice give effect to the requirement of the Convention to hold effective consultations on each of the matters set out in Article 5(1) of the Convention.The Committee reminds the Government that, under Article 5(2) of the Convention, tripartite consultations on the above-mentioned matters shall be undertaken at appropriate intervals fixed by agreement, but at least once a year.The Committee considers that the existence of major disagreements regarding the effective nature of consultations within the CNT is such as to compromise the proper application of the Convention.The Committee therefore requests the Government to send detailed information on the measures taken or envisaged to ensure effective tripartite consultations at appropriate intervals. The Committee also requests the Government to provide information on the coordination between the various tripartite consultation bodies, in particular the CNT (at the national level) and the CRTTs (at the regional level). Lastly, the Committee requests the Government to keep it informed of any developments regarding the ratification of Convention No. 151 and the MLC, 2006.

Article 3. Choice of the representatives of employers and workers by their respective organizations. The Government recalls that in 2015 it adopted Order No. 34-2015 on determining trade union representativeness for 2014 and 2015. Since then, on 19 September 2017, it adopted Decree No. 2017-843 on the reform of the CNT and the establishment of the CRTTs. The Government indicates that the CNT functions on the basis of this text and sent a copy of it. The Government explains that it did not hold staff delegate elections for the 2018–19 period owing to the social and political crisis affecting the country at the time. Similarly, in 2020–21, elections were postponed because of the COVID-19 pandemic. The Government states that, under the provisions of Circular No. 30/MTEFPLS/SG/DGTLS/20, the term of office of staff delegates was extended during this period. With a view to returning to normal, Circular No. 055 MTEFPLS/SG/DGTLS/22 of 27 April 2022 was adopted, requiring the election of staff delegates to be held by the end of September 2022. The Government emphasizes that a new order on representativeness was to regulate this matter from 2022. In addition, new Decree No. 2017-843 provides for joint representation of employers and workers in the CNT and the CRTTs. The Committee also notes that elections for staff delegates did not take place between 2018 and 2021 and were due to occur in September 2022 at the latest. The Committee requests the Government to provide up-to-date information on the manner in which the new regulatory texts regarding the choice of employers’ and workers’ representatives are applied in practice taking account of the areas covered by tripartite consultations under Article 5 of the Convention. The Committee also requests the Government to explain how these texts establish or implement objective and transparent criteria for the appointment of representatives to national and regional tripartite bodies.

Article 4. Administrative support. Training necessary for persons participating in procedures. FISEMA observes that the procedures covered by the Convention do not have appropriate administrative support, a budget or adequate financing. FISEMA indicates that these procedures are largely organized with ILO assistance. Similarly, FISEMARE underlines the fact that the CNT has problems functioning, owing to lack of status and budget. Recalling that Article 4 of the Convention requires participants in the consultation procedures covered by the Convention to enjoy the necessary administrative support and to have access to any training needed to enable them to duly discharge their duties, the Committee notes with concern the observations of FISEMA and requests the Government to provide detailed information on the manner in which it provides, or intends to provide, all the administrative and financial support necessary for the consultation procedures covered by the Convention.

Article 6. Annual report. FISEMA observes that, contrary to the provisions of Decree No. 2017-843 of 19 September 2017, no annual report on the activity of the CNT has been drawn up. The Committee requests the Government to provide its comments on this observation of FISEMA and to indicate, if applicable, the reasons why no annual report has been produced as required by the national legislation, and whether the Government is making provision to ensure compliance with this obligation in the future.

Part VI of the report form. Representative organizations consulted. The Committee notes the Government’s indication that it consulted the representative employers’ and workers’ organizations at a report presentation and validation workshop held from 3 to 5 August 2022. The Government states that it sent a copy of the report to the Madagascar Enterprise Group (GEM) and Fivondronan’ny Mpandraharaha eto Magagasikara (FIVPAMA) (for the employers’ organizations) and to FISEMARE, FISEMA and SEKRIMA (for the workers’ organizations). The Committee also notes FISEMA’s observation that it did not receive the Government’s report. The Committee reminds the Government that, under article 23(2) of the ILO Constitution, it is required to send the report to the representative organizations and requests the Government to provide its comments on the observation of FISEMA that it did not receive the Government’s report.

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

Articles 2 and 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide detailed information on the subjects and outcome of the tripartite consultations held on each of the items set out in Article 5(1). The Government indicates that it is making efforts to ensure compliance with the obligations deriving from the Conventions that it has ratified, including Convention No. 144, and recognizes that tripartite consultations on international labour standards were not undertaken effectively. However, it emphasizes that significant improvements have been implemented following a workshop to strengthen capacities on international labour standards and for the preparation of reports organized by the ILO on 22 and 23 October 2016. In 2016, the Government replied to the Committee’s comments on Conventions Nos 29, 87, 98, 100, 105, 111 and 182. It adds that, although the social partners were consulted before the final replies were sent, they made no observations in that regard. In 2017, the Government replied to the Committee’s comments concerning Conventions Nos 6, 26, 81, 87, 88, 95, 97, 98, 124, 129, 159 and 173. Following the tripartite consultations held, the observations made by the most representative workers’ organizations were included in the final replies. With regard to the re examination of unratified Conventions and of Recommendations to which effect has not yet been given, the Government indicates that tripartite consultations have been held on 11 instruments respecting working time (Conventions Nos 1, 30, 47, 106 and 175 and Recommendations Nos 13, 98, 103, 116, 178 and 182). The Government adds that it sent its replies to the most representative organizations of employers and workers, but that the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE) was the only one to provide comments on this subject. It adds that, between 28 February and 1 March 2017, the Ministry of Labour organized, with ILO support, a tripartite workshop to validate the situation with regard to the Labour Relations (Public Service) Convention, 1978 (No. 151). This review was validated unanimously by the representatives of the three partners present. Furthermore, a steering committee to promote Convention No. 151 was established to follow the process of ratification and engage in advocacy with the competent authorities, including the Government and Parliament. The Government adds that it has responded to the abrogation of Conventions Nos 21, 50, 64, 65, 86 and 104 and to the withdrawal of Recommendations Nos 7, 61 and 62, included on the agenda of the 107th Session of the International Labour Conference in 2018. It specifies that these responses were communicated to the most representative social partners, but that the latter made no observations on this subject. In its 2000 General Survey, Tripartite Consultation International Labour Standards, paragraph 71, the Committee recalls that Paragraph 2(3) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), specifies that consultations may only be undertaken through written communications, “where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient”. The Committee notes with interest that the Government, with ILO support, organized a workshop on 12, 13 and 14 September 2017 to validate the comparative study of the legislation in force and the provisions of the Maritime Labour Convention, 2006 (MLC, 2006), and the Work in Fishing Convention, 2007 (No. 188), with a view to their ratification. It adds that two roadmaps on the ratification of the MLC, 2006, and Convention No. 188 were unanimously approved by the tripartite partners present. The Committee requests the Government to continue providing updated information on the manner in which it ensures effective tripartite consultations, as well as on the content and outcome of the tripartite consultations held on each of the issues covered by Article 5(1). It also requests the Government to keep it informed of any developments relating to the ratification of Conventions Nos 151, 188 and the MLC, 2006.

Article 3. Choice of the representatives of employers and workers by their respective organizations. The Committee notes that the implementation of Decree No. 2011-490 on trade union organizations and representativity implies for the tripartite partners the implementation of various types of action, including the holding of elections for staff delegates at the enterprise level within the territory of Madagascar by the Ministry of Labour, the convening of the social partners for an indication of the provisional results, and the consolidation by ministerial order of the definitive results for national and regional representation. The Government indicates that, in accordance with this process, the elections of staff representatives were launched in 2014 throughout Madagascar. It adds that Order No. 34-2015 to determine trade union representativity for 2014 and 2015 was adopted and was issued in February 2014. However, the Order has been contested by certain workers’ organizations, including the General Confederation of Malagasy Trade Unions (FISEMA), FISEMARE and the Revolutionary Malagasy Union (SEREMA), challenging the outcome of the ballot, which placed the Christian Confederation of Malagasy Trade Unions (SEKRIMA) first among the most representative unions at the national level. In March 2015, these unions lodged an appeal for the result to be set aside. The Government explains that, as the appeal was suspensive in its effect, the application of the Order was suspended until the court issued its ruling rejecting the appeal in 2017. Moreover, as the establishment of the various labour-related bodies is conditional upon representativity, as they involve tripartite representation, such as in the case of inter-enterprise medical services management councils and the executive council of the National Social Insurance Fund (CNAPS), the tripartite actors concerned agreed to adopt an alternative solution. In this context, the Government indicates that all the representatives of the various organizations appointed to the different social dialogue structures in existence, and the labour-related bodies referred to above, were subject to tacit renewal of their mandates. The Committee requests the Government to make every effort, in consultation with the social partners, to ensure that tripartism and social dialogue are promoted so as to facilitate procedures that guarantee effective tripartite consultations (Articles 2 and 3). In this respect, it requests the Government to provide updated information on any developments relating to the choice of employers’ and workers’ representatives for the purposes of the procedures covered by the Convention, including the dates and organization of their elections. The Committee also requests the Government to provide a copy of the Order that is in force with its next report.

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

Articles 2 and 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide detailed information on the subjects and outcome of the tripartite consultations held on each of the items set out in Article 5(1). The Government indicates that it is making efforts to ensure compliance with the obligations deriving from the Conventions that it has ratified, including Convention No. 144, and recognizes that tripartite consultations on international labour standards were not undertaken effectively. However, it emphasizes that significant improvements have been implemented following a workshop to strengthen capacities on international labour standards and for the preparation of reports organized by the ILO on 22 and 23 October 2016. In 2016, the Government replied to the Committee’s comments on Conventions Nos 29, 87, 98, 100, 105, 111 and 182. It adds that, although the social partners were consulted before the final replies were sent, they made no observations in that regard. In 2017, the Government replied to the Committee’s comments concerning Conventions Nos 6, 26, 81, 87, 88, 95, 97, 98, 124, 129, 159 and 173. Following the tripartite consultations held, the observations made by the most representative workers’ organizations were included in the final replies. With regard to the re examination of unratified Conventions and of Recommendations to which effect has not yet been given, the Government indicates that tripartite consultations have been held on 11 instruments respecting working time (Conventions Nos 1, 30, 47, 106 and 175 and Recommendations Nos 13, 98, 103, 116, 178 and 182). The Government adds that it sent its replies to the most representative organizations of employers and workers, but that the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE) was the only one to provide comments on this subject. It adds that, between 28 February and 1 March 2017, the Ministry of Labour organized, with ILO support, a tripartite workshop to validate the situation with regard to the Labour Relations (Public Service) Convention, 1978 (No. 151). This review was validated unanimously by the representatives of the three partners present. Furthermore, a steering committee to promote Convention No. 151 was established to follow the process of ratification and engage in advocacy with the competent authorities, including the Government and Parliament. The Government adds that it has responded to the abrogation of Conventions Nos 21, 50, 64, 65, 86 and 104 and to the withdrawal of Recommendations Nos 7, 61 and 62, included on the agenda of the 107th Session of the International Labour Conference in 2018. It specifies that these responses were communicated to the most representative social partners, but that the latter made no observations on this subject. In its 2000 General Survey, Tripartite Consultation International Labour Standards, paragraph 71, the Committee recalls that Paragraph 2(3) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), specifies that consultations may only be undertaken through written communications, “where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient”. The Committee notes with interest that the Government, with ILO support, organized a workshop on 12, 13 and 14 September 2017 to validate the comparative study of the legislation in force and the provisions of the Maritime Labour Convention, 2006 (MLC, 2006), and the Work in Fishing Convention, 2007 (No. 188), with a view to their ratification. It adds that two roadmaps on the ratification of the MLC, 2006, and Convention No. 188 were unanimously approved by the tripartite partners present. The Committee requests the Government to continue providing updated information on the manner in which it ensures effective tripartite consultations, as well as on the content and outcome of the tripartite consultations held on each of the issues covered by Article 5(1). It also requests the Government to keep it informed of any developments relating to the ratification of Conventions Nos 151, 188 and the MLC, 2006.

Article 3. Choice of the representatives of employers and workers by their respective organizations. The Committee notes that the implementation of Decree No. 2011-490 on trade union organizations and representativity implies for the tripartite partners the implementation of various types of action, including the holding of elections for staff delegates at the enterprise level within the territory of Madagascar by the Ministry of Labour, the convening of the social partners for an indication of the provisional results, and the consolidation by ministerial order of the definitive results for national and regional representation. The Government indicates that, in accordance with this process, the elections of staff representatives were launched in 2014 throughout Madagascar. It adds that Order No. 34-2015 to determine trade union representativity for 2014 and 2015 was adopted and was issued in February 2014. However, the Order has been contested by certain workers’ organizations, including the General Confederation of Malagasy Trade Unions (FISEMA), FISEMARE and the Revolutionary Malagasy Union (SEREMA), challenging the outcome of the ballot, which placed the Christian Confederation of Malagasy Trade Unions (SEKRIMA) first among the most representative unions at the national level. In March 2015, these unions lodged an appeal for the result to be set aside. The Government explains that, as the appeal was suspensive in its effect, the application of the Order was suspended until the court issued its ruling rejecting the appeal in 2017. Moreover, as the establishment of the various labour-related bodies is conditional upon representativity, as they involve tripartite representation, such as in the case of inter-enterprise medical services management councils and the executive council of the National Social Insurance Fund (CNAPS), the tripartite actors concerned agreed to adopt an alternative solution. In this context, the Government indicates that all the representatives of the various organizations appointed to the different social dialogue structures in existence, and the labour-related bodies referred to above, were subject to tacit renewal of their mandates. The Committee requests the Government to make every effort, in consultation with the social partners, to ensure that tripartism and social dialogue are promoted so as to facilitate procedures that guarantee effective tripartite consultations (Articles 2 and 3). In this respect, it requests the Government to provide updated information on any developments relating to the choice of employers’ and workers’ representatives for the purposes of the procedures covered by the Convention, including the dates and organization of their elections. The Committee also requests the Government to provide a copy of the Order that is in force with its next report.

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

Articles 2 and 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide detailed information on the subjects and outcome of the tripartite consultations held on each of the items set out in Article 5(1). The Government indicates that it is making efforts to ensure compliance with the obligations deriving from the Conventions that it has ratified, including Convention No. 144, and recognizes that tripartite consultations on international labour standards were not undertaken effectively. However, it emphasizes that significant improvements have been implemented following a workshop to strengthen capacities on international labour standards and for the preparation of reports organized by the ILO on 22 and 23 October 2016. In 2016, the Government replied to the Committee’s comments on Conventions Nos 29, 87, 98, 100, 105, 111 and 182. It adds that, although the social partners were consulted before the final replies were sent, they made no observations in that regard. In 2017, the Government replied to the Committee’s comments concerning Conventions Nos 6, 26, 81, 87, 88, 95, 97, 98, 124, 129, 159 and 173. Following the tripartite consultations held, the observations made by the most representative workers’ organizations were included in the final replies. With regard to the re examination of unratified Conventions and of Recommendations to which effect has not yet been given, the Government indicates that tripartite consultations have been held on 11 instruments respecting working time (Conventions Nos 1, 30, 47, 106 and 175 and Recommendations Nos 13, 98, 103, 116, 178 and 182). The Government adds that it sent its replies to the most representative organizations of employers and workers, but that the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE) was the only one to provide comments on this subject. It adds that, between 28 February and 1 March 2017, the Ministry of Labour organized, with ILO support, a tripartite workshop to validate the situation with regard to the Labour Relations (Public Service) Convention, 1978 (No. 151). This review was validated unanimously by the representatives of the three partners present. Furthermore, a steering committee to promote Convention No. 151 was established to follow the process of ratification and engage in advocacy with the competent authorities, including the Government and Parliament. The Government adds that it has responded to the abrogation of Conventions Nos 21, 50, 64, 65, 86 and 104 and to the withdrawal of Recommendations Nos 7, 61 and 62, included on the agenda of the 107th Session of the International Labour Conference in 2018. It specifies that these responses were communicated to the most representative social partners, but that the latter made no observations on this subject. In its 2000 General Survey, Tripartite Consultation International Labour Standards, paragraph 71, the Committee recalls that Paragraph 2(3) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), specifies that consultations may only be undertaken through written communications, “where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient”. The Committee notes with interest that the Government, with ILO support, organized a workshop on 12, 13 and 14 September 2017 to validate the comparative study of the legislation in force and the provisions of the Maritime Labour Convention, 2006 (MLC, 2006), and the Work in Fishing Convention, 2007 (No. 188), with a view to their ratification. It adds that two roadmaps on the ratification of the MLC, 2006, and Convention No. 188 were unanimously approved by the tripartite partners present. The Committee requests the Government to continue providing updated information on the manner in which it ensures effective tripartite consultations, as well as on the content and outcome of the tripartite consultations held on each of the issues covered by Article 5(1). It also requests the Government to keep it informed of any developments relating to the ratification of Conventions Nos 151, 188 and the MLC, 2006.

Article 3. Choice of the representatives of employers and workers by their respective organizations. The Committee notes that the implementation of Decree No. 2011-490 on trade union organizations and representativity implies for the tripartite partners the implementation of various types of action, including the holding of elections for staff delegates at the enterprise level within the territory of Madagascar by the Ministry of Labour, the convening of the social partners for an indication of the provisional results, and the consolidation by ministerial order of the definitive results for national and regional representation. The Government indicates that, in accordance with this process, the elections of staff representatives were launched in 2014 throughout Madagascar. It adds that Order No. 34-2015 to determine trade union representativity for 2014 and 2015 was adopted and was issued in February 2014. However, the Order has been contested by certain workers’ organizations, including the General Confederation of Malagasy Trade Unions (FISEMA), FISEMARE and the Revolutionary Malagasy Union (SEREMA), challenging the outcome of the ballot, which placed the Christian Confederation of Malagasy Trade Unions (SEKRIMA) first among the most representative unions at the national level. In March 2015, these unions lodged an appeal for the result to be set aside. The Government explains that, as the appeal was suspensive in its effect, the application of the Order was suspended until the court issued its ruling rejecting the appeal in 2017. Moreover, as the establishment of the various labour-related bodies is conditional upon representativity, as they involve tripartite representation, such as in the case of inter-enterprise medical services management councils and the executive council of the National Social Insurance Fund (CNAPS), the tripartite actors concerned agreed to adopt an alternative solution. In this context, the Government indicates that all the representatives of the various organizations appointed to the different social dialogue structures in existence, and the labour-related bodies referred to above, were subject to tacit renewal of their mandates. The Committee requests the Government to make every effort, in consultation with the social partners, to ensure that tripartism and social dialogue are promoted so as to facilitate procedures that guarantee effective tripartite consultations (Articles 2 and 3). In this respect, it requests the Government to provide updated information on any developments relating to the choice of employers’ and workers’ representatives for the purposes of the procedures covered by the Convention, including the dates and organization of their elections. The Committee also requests the Government to provide a copy of the Order that is in force with its next report.

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)

Articles 2 and 5 of the Convention. Effective tripartite consultations. In its previous comments, the Committee requested the Government to provide detailed information on the subjects and outcome of the tripartite consultations held on each of the items set out in Article 5(1). The Government indicates that it is making efforts to ensure compliance with the obligations deriving from the Conventions that it has ratified, including Convention No. 144, and recognizes that tripartite consultations on international labour standards were not undertaken effectively. However, it emphasizes that significant improvements have been implemented following a workshop to strengthen capacities on international labour standards and for the preparation of reports organized by the ILO on 22 and 23 October 2016. In 2016, the Government replied to the Committee’s comments on Conventions Nos 29, 87, 98, 100, 105, 111 and 182. It adds that, although the social partners were consulted before the final replies were sent, they made no observations in that regard. In 2017, the Government replied to the Committee’s comments concerning Conventions Nos 6, 26, 81, 87, 88, 95, 97, 98, 124, 129, 159 and 173. Following the tripartite consultations held, the observations made by the most representative workers’ organizations were included in the final replies. With regard to the re examination of unratified Conventions and of Recommendations to which effect has not yet been given, the Government indicates that tripartite consultations have been held on 11 instruments respecting working time (Conventions Nos 1, 30, 47, 106 and 175 and Recommendations Nos 13, 98, 103, 116, 178 and 182). The Government adds that it sent its replies to the most representative organizations of employers and workers, but that the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE) was the only one to provide comments on this subject. It adds that, between 28 February and 1 March 2017, the Ministry of Labour organized, with ILO support, a tripartite workshop to validate the situation with regard to the Labour Relations (Public Service) Convention, 1978 (No. 151). This review was validated unanimously by the representatives of the three partners present. Furthermore, a steering committee to promote Convention No. 151 was established to follow the process of ratification and engage in advocacy with the competent authorities, including the Government and Parliament. The Government adds that it has responded to the abrogation of Conventions Nos 21, 50, 64, 65, 86 and 104 and to the withdrawal of Recommendations Nos 7, 61 and 62, included on the agenda of the 107th Session of the International Labour Conference in 2018. It specifies that these responses were communicated to the most representative social partners, but that the latter made no observations on this subject. In its 2000 General Survey, Tripartite Consultation International Labour Standards, paragraph 71, the Committee recalls that Paragraph 2(3) of the Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), specifies that consultations may only be undertaken through written communications, “where those involved in the consultative procedures are agreed that such communications are appropriate and sufficient”. The Committee notes with interest that the Government, with ILO support, organized a workshop on 12, 13 and 14 September 2017 to validate the comparative study of the legislation in force and the provisions of the Maritime Labour Convention, 2006 (MLC, 2006), and the Work in Fishing Convention, 2007 (No. 188), with a view to their ratification. It adds that two roadmaps on the ratification of the MLC, 2006, and Convention No. 188 were unanimously approved by the tripartite partners present. The Committee requests the Government to continue providing updated information on the manner in which it ensures effective tripartite consultations, as well as on the content and outcome of the tripartite consultations held on each of the issues covered by Article 5(1). It also requests the Government to keep it informed of any developments relating to the ratification of Conventions Nos 151, 188 and the MLC, 2006.

Article 3. Choice of the representatives of employers and workers by their respective organizations. The Committee notes that the implementation of Decree No. 2011-490 on trade union organizations and representativity implies for the tripartite partners the implementation of various types of action, including the holding of elections for staff delegates at the enterprise level within the territory of Madagascar by the Ministry of Labour, the convening of the social partners for an indication of the provisional results, and the consolidation by ministerial order of the definitive results for national and regional representation. The Government indicates that, in accordance with this process, the elections of staff representatives were launched in 2014 throughout Madagascar. It adds that Order No. 34-2015 to determine trade union representativity for 2014 and 2015 was adopted and was issued in February 2014. However, the Order has been contested by certain workers’ organizations, including the General Confederation of Malagasy Trade Unions (FISEMA), FISEMARE and the Revolutionary Malagasy Union (SEREMA), challenging the outcome of the ballot, which placed the Christian Confederation of Malagasy Trade Unions (SEKRIMA) first among the most representative unions at the national level. In March 2015, these unions lodged an appeal for the result to be set aside. The Government explains that, as the appeal was suspensive in its effect, the application of the Order was suspended until the court issued its ruling rejecting the appeal in 2017. Moreover, as the establishment of the various labour-related bodies is conditional upon representativity, as they involve tripartite representation, such as in the case of inter-enterprise medical services management councils and the executive council of the National Social Insurance Fund (CNAPS), the tripartite actors concerned agreed to adopt an alternative solution. In this context, the Government indicates that all the representatives of the various organizations appointed to the different social dialogue structures in existence, and the labour-related bodies referred to above, were subject to tacit renewal of their mandates. The Committee requests the Government to make every effort, in consultation with the social partners, to ensure that tripartism and social dialogue are promoted so as to facilitate procedures that guarantee effective tripartite consultations (Articles 2 and 3). In this respect, it requests the Government to provide updated information on any developments relating to the choice of employers’ and workers’ representatives for the purposes of the procedures covered by the Convention, including the dates and organization of their elections. The Committee also requests the Government to provide a copy of the Order that is in force with its next report.

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

Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee notes the information provided by the Government in reply to the previous comments, and the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE), received in September 2014. The Government indicates that the representatives of employers and workers in the National Labour Council (CNT) will be determined by means of an order in accordance with Decree No. 2011-490 of 6 September 2011 on trade union organizations and representativeness. The Committee notes that, while awaiting that order, meetings have been organized by the Ministry of Labour to facilitate the application in practice of Articles 2, 3 and 5 of the Convention. It notes with interest that it has been agreed by common accord with workers’ and employers’ organizations that all reports to be submitted to the Office under articles 19 and 22 of the ILO Constitution will be communicated to the social partners; it will then be their responsibility to organize themselves for the inclusion of their observations; and the social partners may, where necessary, send their observations directly to the Office. The Committee requests the Government to provide detailed information on the manner in which the representatives of employers and workers have been chosen for the purposes of the procedures provided for in the Convention (Article 3). It also requests the Government to provide information on the subjects and outcome of the tripartite consultations held on each of the items set out in Article 5(1).

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

Articles 2 and 5 of the Convention. Effective tripartite consultations. ILO technical assistance. The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE), which were transmitted to the Government in September 2014. FISEMARE indicates that the ILO responded to the social partners’ requests by supporting various training and awareness-raising activities for them. FISEMARE refers to a national tripartite workshop on trade union organizations and representativeness that was held in June 2014, as well as a tripartite meeting to relaunch the finalization and adoption process of the Decent Work Country Programme (DWCP) that was held in August 2014 in partnership with the ILO. The Committee requests the Government to provide its comments in this respect. It hopes that the Government will be able to provide updated and detailed information on the manner in which representatives of employers and workers have been chosen for the purposes of the procedures provided for in the Convention (Article 3) and on the content and outcome of the tripartite consultations held on each of the points set forth in Article 5(1).

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

Articles 2 and 5(1) of the Convention. Effective tripartite consultations required by the Convention. ILO technical assistance. In its 2010 observation the Committee invited the Government and the social partners to promote and strengthen tripartism and social dialogue on the issues relating to international labour standards covered by the Convention. In its reply of October 2012 the Government indicates that the criteria for representativeness of employers’ and workers’ organizations were established by Decree No. 211-490 of 6 September 2011 concerning trade union organizations and representativeness. The Government adds that the adoption of Decree No. 211-490 has been the subject of numerous discussion meetings within the National Labour Council (CNT) with a view to settling the problems linked to determination of the most representative employers’ and workers’ organizations. The Government further indicates that in the current period of crisis the CNT is endeavouring to discharge its mandate by focusing on subjects of direct interest to workers and employers. The Committee notes that the General Confederation of Workers’ Unions of Madagascar (CGSTM), in its observations sent in August 2012, considers that the CNT has not been operating satisfactorily and that the CNT does not attach enough importance to ILO activities and to social dialogue, and the CGSTM affirms that, in certain cases, the opinions of the CNT have been ignored by the Government. The Committee notes that the social partners, faced with what they perceived to be a dysfunctional situation, called for ILO assistance to be requested in November 2011 in order to undertake a reform of the CNT. CGSTM declares that it is encouraging the Government to promote the use of tripartite consultations in accordance with Articles 2 and 5 of the Convention. The Committee recalls that the 2008 ILO Declaration on Social Justice for a Fair Globalization recognizes Convention No. 144 as one of the instruments that is most significant from the viewpoint of governance. The Committee hopes that the ILO technical assistance called for by the social partners can be provided and that the Government will then be in a position to provide detailed information enabling the Committee to establish that, as required by the Convention, effective tripartite consultations on international labour standards have taken place in practice. It hopes that the Government will be in a position to provide up-to-date and detailed information on the manner in which representatives of employers and workers have been chosen for the purposes of the Convention (Article 3 of the Convention) and on the content and outcome of tripartite consultations held on each of the matters referred to in Article 5(1).

[The Government is asked to reply in detail to the present comments in 2014.]

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

Articles 2 and 5(1) of the Convention. Effective tripartite consultations required by the Convention. The Committee notes the indications provided by the Government in a report received in October 2010. The Government indicates that considerable efforts have been made in the context of tripartite consultation and that the role of the social partners in the implementation of economic and social policies is now beginning to increase but that, as the crisis situation in the country has not yet been resolved, it is not possible to provide further information. Under these conditions, the Committee invites the Government and the social partners to promote and strengthen tripartism and social dialogue on the issues relating to international labour standards covered by the Convention. In this respect, it recalls that, in accordance with the 2008 Social Justice Declaration, Convention No. 144 is one of the instruments that is most significant from the viewpoint of governance. The Committee requests the Government to provide updated and detailed information in its next report on the manner in which the representatives of employers and workers are selected for the purposes of the procedures covered by the Convention (Article 3 of the Convention) and on the content and outcome of the tripartite consultations undertaken on each of the matters covered by Article 5(1).

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

Articles 2 and 5, paragraph 1, of the Convention. Effective tripartite consultations required by the Convention. In its observation of 2008 the Committee noted that the Malagasy Workers’ Conference (CTM) indicated that the ministries responsible for drafting laws relating to conditions of work in export-processing zones ignored the principle of consulting the National Labour Council, even though the latter is the tripartite consultation body within the meaning of the Convention provided for by section 184 of the Labour Code. The Government pointed out in its reply received in December 2008 that it had supported the adoption by the Malagasy Parliament of a legislative framework which was favourable to the creation and development of productive investments. It also stated that regulations concerning night work had been amended. Accordingly, the Committee notes with interest the ratification by Madagascar, on 10 November 2008, of the Night Work (Women) Convention (Revised), 1948 (No. 89), and its Protocol of 2002, and also the Night Work Convention, 1990 (No. 171). The Government states that their respective implementing regulations are currently before the tripartite National Labour Council for examination. This could lead subsequently to the adoption of other international instruments, in an ongoing quest for greater flexibility in the domestic labour standards in force and, in particular, for a new perception of night work. It also states that the aim is to harmonize the promotion of investment and the development of the private sector with the promotion of decent work, while respecting the principle of the acquired rights of workers. The Committee requests the Government to continue to supply information on the content and outcome of the tripartite consultations held within the National Labour Council on the matters covered by the Convention.

Article 6. Working of consultation procedures. The Government indicates in a report received in August 2009 that the representative organizations will be consulted with regard to the production of an annual report on the working of the procedures covered by the Convention, once these procedures have been established. The Committee requests the Government to include in its next report any relevant new information on this matter.

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

Tripartite consultations required by the Convention. In reply to the comments made in 2006, the Government indicates in the report received in October 2008 that the procedures ensuring tripartite consultations required by the Convention have yet to be defined. Moreover, in a communication sent to the Government in August 2008, the Malagasy Workers’ Conference (CTM) indicates that the ministries responsible for drafting legislation relating to conditions of work in export processing zones have ignored the principle of consulting the National Labour Council. The CTM emphasizes that the National Labour Council is the tripartite consultation body within the meaning of the Convention provided for by section 184 of the Labour Code. The Committee again requests the Government to provide detailed information on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, specifying their purpose and frequency and the nature of any resulting reports or recommendations. With reference to the observation submitted by the CTM, the Committee requests the Government to state whether questions arising out of reports on the application of ratified Conventions have been raised in the National Labour Council (Article 5, paragraph 1(d), of the Convention). More generally, the Committee requests the Government to indicate whether the National Labour Council has been consulted on the preparation and implementation of legislative or other measures to give effect to the Tripartite Consultation (Tripartite Consultation (Activities of the International Labour Organisation) Recommendation, 1976 (No. 152), and to other international labour Conventions and Recommendations (Paragraph 5(c) of Recommendation No. 152).

Financing of training. The Government states that seminars held on international labour standards have provided participants with all necessary knowledge of standards, including the consultation procedures provided for by the Convention.

Functioning of consultation procedures. The Government indicates that the representative organizations will be consulted with regard to the production of an annual report on the functioning of the procedures set forth by the Convention, once these procedures are established. Recalling that Article 6 of the Convention does not impose any obligation to produce an annual report but requires tripartite consultations to be held to decide whether or not it is appropriate to produce such a report, the Committee requests the Government to report on the results of tripartite consultations held on the working of the consultation procedures.

[The Government is asked to reply in detail to the present comments in 2009.]

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

1. Tripartite consultations required by the Convention. In a report received in December 2005, the Government indicates the promulgation of Decree No. 2005- 329 creating the National Labour Council. Regarding procedures ensuring effective consultations, particularly on the matters indicated in Article 5, paragraph 1, of the Convention, the Government states that the social partners have already been informed of the need to hold these consultations and it remains to decide on the method to be used in order to obtain effective results. The Government states that this matter has not yet been discussed but should be included on the agenda of its forthcoming meetings. The Committee hopes that the Government will be in a position to supply detailed information in its next report on the consultations held on each of the matters set out in Article 5, paragraph 1, of the Convention, specifying their purpose, frequency and the nature of all resulting reports or recommendations. The Committee also requests the Government to indicate the consultations held on the matters covered by the Convention in the commission on labour and international labour standards.

2. Financing of training. The Government reports on the tripartite meetings and seminars held for the social partners, with ILO assistance. It also indicates that certain trade union leaders have been able to obtain grants for training on international labour standards at the ILO Training Centre in Turin. The Government states, however, that no arrangements have yet been made between the Government and the representative organizations in regard to the training of participants in the consultations. The Committee recalls again that when it is necessary to provide training for participants in consultations to allow them to fulfil their duties effectively, appropriate arrangements for financing must be made between the Government and the representative organizations. The Committee trusts that the Government will be able to indicate in its next report that such arrangements have been made, in accordance with Article 4, paragraph 2, of the Convention, and to describe them.

3. Operation of the consultative procedures. The Government states that this matter has not yet been discussed in tripartite consultations. In this regard, the Committee recalls again that Article 6 of the Convention does not impose an obligation to issue an annual report, but it does require that tripartite consultations shall be held in order to decide whether such a report should be issued. The Committee requests the Government to indicate in its next report whether the representative organizations have been consulted on this matter, specifying the outcome of the consultations, if any.

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

1. Effective tripartite consultations. In its report received in October 2004, the Government indicates that due to the lack of sufficient resources, the consultation procedure used is to communicate documents to the social partners or to invite them to take note of them in the Labour Department so that they can make their observations, among others, on the matters set out in Article 5, paragraph 1, of the Convention. Noting that the Government is envisaging the determination within the National Employment Council (CNE) of procedures to ensure effective consultations between the representatives of the Government, employers and workers on the matters covered by the Convention, the Committee requests the Government to keep it informed of the outcome of these consultations (Article 2 of the Convention).

2. Training. The Government reports tripartite meetings and seminars organized for the social partners, with the technical assistance of the Office. The Committee however recalls that, where training for participants in the consultations proves to be necessary to enable them to perform their functions effectively, its financing should be provided through appropriate arrangements between the Government and the representative organizations (paragraphs 125 and 126 of the General Survey of 2000 on tripartite consultation). The Committee requests the Government to indicate whether such arrangements have been made, in accordance with Article 4, paragraph 2, and, if so, to describe them.

3. Tripartite consultations required by the Convention. As Decree No. 97-1149 establishes the functions of the CNE in general terms, the Committee once again requests the Government to indicate whether, in accordance with the Decree, consultations on the matters set out in Article 5, paragraph 1, are in practice held in the CNE. As it does not have information enabling it to assess whether the consultations required by the Convention have been held, the Committee requests the Government to provide detailed and exhaustive information on the consultations carried out, among others, in the CNE on each of the matters set out in Article 5, paragraph 1, of the Convention during the period covered by the next report, specifying their subject and frequency, and the nature of any reports or recommendations resulting from these consultations.

4. Operation of the consultative procedures. The Committee notes the Government’s statement that no report has yet been issued on this subject and recalls that Article 6 does not impose an obligation to issue an annual report, but it does require that the representative organizations shall be consulted on whether or not such reports should be issued. The General Survey of 2000 indicates in this respect that the annual report could, for example, include information on the composition of any consultative bodies, the number of meetings, their agenda, the proposals made and the conclusions reached (paragraph 131). The Committee requests the Government to indicate whether the representative organizations have been consulted on this matter, with an indication, if so, of the outcome of these consultations.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s latest report on the application of the Convention.

1. Article 2, paragraph 1, of the Convention. The Committee notes that the consultations required by Article 5, paragraph 1, of the Convention are not expressly mentioned among the attributions of the National Employment Council (CNE). It therefore asks the Government to indicate its intent with regard to conferring this attribution on the Council by law. It also asks the Government to describe the manner in which the CNE deals, in practice, with the consultations provided for under Article 5, paragraph 1, and to specify the procedures it uses to that end.

Paragraph 2. If the procedures provided for in paragraph 1 have not yet been established, please indicate whether consultations have been held or are envisaged in order to determine procedures which ensure effective consultations between representatives of the Government, of employers and of workers on the subjects covered by the Convention.

2. Article 4, paragraph 2. Please provide information on the arrangements made or envisaged for the financing of any necessary training of participants on the consultative procedures.

3. Article 5, paragraph 1. The Committee notes that the most recent tripartite consultation was the consultation on the ratification of Convention No. 182, and that the CNE meets twice a year. It asks the Government to provide detailed information in its next report on the consultations held during the reporting period on each of the subjects listed in paragraph 1 of Article 5, and indicate any reports or recommendations made as a result of the consultations.

4. Article 6. The Committee notes that no report has been prepared. It asks the Government to specify in its next report whether consultations have been held with the representative organizations on the working of the procedures provided for in the Convention and, if so, to give particulars of decisions adopted and to supply copies of any reports issued as a result.