Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Madagascar (Ratification: 1961)

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.

Article 1(1)(a) of the Convention. Sexual harassment. In its previous comments, the Committee requested the Government to provide detailed information on: (i) the cases of sexual harassment dealt with by labour inspectors and the court decisions in this regard; and (ii) the measures adopted or envisaged to prevent and eradicate sexual harassment in the workplace. The Committee notes with regret that the Government confines itself in its report to indicating once again that, when cases of sexual harassment are brought to the attention of labour inspectors, the victims are directed to the competent courts. However, it still has not provided any information on the number and outcomes of cases of sexual harassment dealt with by labour inspectors and indicates that the collection of information on court decisions in this regard is still being carried out. The Committee also notes that the Government confines itself to recalling that, when labour inspectors carry out inspections in enterprises, they undertaken awareness-raising activities for employers and workers and encourage employers to punish acts of sexual harassment. However, it notes that the Government has not specified the nature and content of such action. The Committee recalls that sexual harassment is a serious form of discrimination based on sex. It undermines equality at work by calling into question the integrity, dignity and well-being of workers. It damages an enterprise by weakening the bases upon which work relationships are built and impairing productivity. Given the gravity and serious repercussions of sexual harassment, the Committee highlights the importance of taking effective measures to prevent and prohibit sexual harassment at work (2012 General Survey on the fundamental Conventions, paragraph 798). The Committee therefore requests the Government to provide detailed information on:

• (i) the number and outcome of cases of sexual harassment dealt with by labour inspectors and the court decisions handed down in this regard; and
• (ii) the specific measures adopted or envisaged to prevent and eradicate sexual harassment in the workplace, with an indication of the nature and content of the awareness-raising measures taken for employers and workers, and the manner in which employers are encouraged to specifically prohibit and punish this serious form of discrimination on the basis of sex.

Discrimination on grounds of colour. The Committee notes that, in a communiqué published on 28 February 2022, an independent expert and two United Nations special rapporteurs, observing that over a dozen kidnappings, attacks and murders had been reported over the past two years against persons affected by albinism (a hereditary genetic condition consisting of a melanin deficit, the substance that gives colour to the skin, hair and eyes), urged the Government to take immediate measures for the protection of the persons concerned, including through the establishment of education and awareness-raising programmes to combat and eradicate the myths and false beliefs leading to these crimes. The Committee requests the Government to take all the necessary measures to bring an end to discrimination based on colour which results in serious violations of the right to life and personal safety. It requests the Government to provide detailed information on any measures adopted or envisaged to inform, train and raise the awareness of all actors in the world of work (workers, employers and their respective organizations, labour inspectors and judges), as well as society in general, of the critical situation of people affected by albinism and to prevent and eradicate any form of discrimination against them, particularly in employment and occupation.

Article 1(1)(b). Discrimination on grounds of real or perceived HIV status. In its previous comments, following the adoption of the National Strategic Plan on Sexually Transmitted Diseases and AIDS (PSN) for 2013–17, the Committee requested the Government to provide detailed information on the measures to combat discrimination in employment and occupation on grounds of real or perceived HIV status, particularly during recruitment. The Committee notes the very general information provided by the Government on the laws and regulations in force intended to combat stigmatization and discrimination on grounds of HIV status, without providing any information on the action taken in that context or within the framework of other strategies adopted subsequently (for example, to ensure the confidentiality of procedures, severely punish reprisals, remedy the lack of financial resources of victims and promote confidence in the judicial system to resolve these types of disputes). In view of the time that has elapsed since the adoption of the PSN, the Committee requests the Government to provide detailed information on the impact of the measures adopted within the framework of the Plan to combat discrimination on grounds of real or perceived HIV status and stigmatization in employment and occupation, particularly during recruitment, with an indication, for example, of trends since 2017 in the number of complaints submitted to and dealt with by the labour inspection services, the courts or any other body competent to receive this type of complaint (Independent National Human Rights Commission, legal clinics, rights bodies).

Articles 1 and 2. Equality of opportunity and treatment for men and women. The Committee notes the various plans of action adopted at the national level, which were referred to by the Government in its previous report in 2016, seeking to facilitate the access of women to education, employment, credit and property. However, it notes that the Government does not refer to any specific measures adopted to give effect to these plans of action by promoting equality of opportunity and treatment for men and women in employment and occupation. Moreover, the Committee notes that the Government has not provided any recent statistics, whereas it indicated in its previous report that in 2015 women only accounted for 31.4 per cent of senior positions and 37.9 per cent of skilled wage-earners, but 64.9 per cent of family helpers. The Committee therefore once again requests the Government to:

• (i) provide detailed information on the specific proactive measures adopted to promote the education of girls, combat gender stereotypes and promote the participation of women in the labour market, by enabling them to gain access to a broader range of vocational training courses and jobs in the public and private sectors, including jobs principally performed by men;
• (ii) provide information on the awareness-raising and information activities carried out for workers, employers and their respective organizations, labour inspectors, judges and society in general with a view to combating gender stereotypes and the occupational segregation of women; and
• (iii) collect, analyse and provide updated statistical data on the situation of men and women in the public and private sectors, with an indication of the proportion of men and women in senior positions.

Export processing zones. Noting the allegations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), which emphasized the precarious nature of the conditions of work of workers in export processing zones (EPZs), and particularly the lack of employment contracts, holiday entitlements, social protection and collective agreements, and the failure to pay the minimum wage, the Committee previously requested the Government to provide information on the activities of labour inspectors in EPZs, such as: (1) awareness-raising and training activities on protection against discrimination in employment and occupation on all the grounds enumerated in the Convention; and (2) the number and outcome of the inspections carried out. The Committee notes the Government’s indication that the reports of the regional labour inspection services do not make reference to violations relating to the Convention. However, the Government does not specify whether this data specifically concerns inspections carried out in EPZs. The Committee also notes the Government’s indication that, during enterprise inspections, labour inspectors carry out awareness-raising activities on the rights and duties of workers and employers, in accordance with their mandate. However, the Government has not provided specific information on the form and content of the awareness-raising and training activities undertaken specifically in EPZs. In this respect, the Committee notes the observations of FISEMARE, which denounces cases of discrimination, particularly in EPZs, and calls for more unannounced checks, monitoring, accompanying measures and sanctions where appropriate. The Committee requests the Government to provide precise information on:

• (i) the number and outcome of the inspections carried out by labour inspectors, specifically in EPZs, with an indication of the nature of the violations identified in relation to the prohibition of discrimination and working conditions; and
• (ii) the specific awareness-raising and training activities undertaken in EPZs, particularly by the labour inspection services, for workers, employers and their respective organizations on their rights, duties and procedures relating to protection against discrimination in employment and occupation on all the grounds enumerated in the Convention.

Article 5. Special protection measures. The Committee previously noted that section 93 of the Labour Code provides that decrees issued after seeking the opinion of the National Labour Council (CNT) shall determine the nature of the work prohibited for “women” and “pregnant women”. It therefore requested the Government to amend section 93 of the Labour Code so that these prohibitions are strictly limited to maternity protection and to provide a copy of any decree adopted under this section. In this regard, it also notes that, in the Memorandum of technical comments on the draft text to revise the Labour Code provided to the Government in 2021, the Office, with reference to the Committee’s comments on this subject, recommended the Government to amend section 93. It also recommended the amendment of section 99 of the Labour Code (which allows labour inspectors to require the examination of women by an approved physician “with a view to verifying that the work assigned to them does not exceed their physical strength”) with a view to ensuring that it only covers maternity protection in its strict sense. The purpose is also to ensure that the powers of labour inspectors and physicians in relation to the evaluation of the protection of persons working under hazardous or arduous conditions are intended to protect occupational safety and health, for both men and women, while taking into account differences between the sexes and specific health risks in this regard. The Committee notes the Government’s indication that a preliminary draft of a Bill to issue a new Labour Code, submitted to the CNT, contains provisions that are in conformity with those of the Convention, and are targeted in particular at maternity protection, while eliminating gender stereotypes. The Committee expresses the firm hope that the Labour Code will be amended in the near future and that the restrictions on employment under sections 93 and 99 will be strictly confined to maternity protection and commensurate with the nature and scope of the desired protection, that they will not be based on gender stereotypes and that they will not have the effect in practice of limiting the access of women to employment. It requests the Government to provide information on this subject and a copy, where appropriate, of any decree adopted under section 93 of the Labour Code.

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

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

Repetition

The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE), received on 1 September 2022.

Article 1 of the Convention. Protection against discrimination. Grounds of discrimination. Legislation. For several years, the Committee has been emphasizing that neither the Labour Code nor the Civil Service Regulations prohibit discrimination on all of the grounds enumerated in the Convention. Discrimination on the basis of colour and social origin is not prohibited by the Labour Code (see section 261) and discrimination on the basis of race, colour and social origin is not prohibited by the Civil Service Regulations (see section 5). The Committee notes the Government’s indication in its report that a preliminary draft Bill to issue a new Labour Code has been submitted to the National Labour Council (CNT) and contains provisions that are in conformity with the Convention, as well as definitions of the concepts of direct and indirect discrimination and sexual harassment at the workplace. It notes, however, that the Government did not provide a copy of this draft text with its report nor has it provided the envisaged new wording of section 261 of the Labour Code. In this regard, the Committee observes that, in the Memorandum of technical comments on the draft revision of the Labour Code that it provided to the Government in March 2021, the International Labour Office (ILO) indicated that, in the version that had been submitted to it for comment in February 2021, the proposed revision of the Labour Code did not affect section 261 of the current Labour Code. It also notes the Government’s indication that new General Regulations for Public Employees (SGAP) are being prepared, with a view to harmonizing the provisions of the Civil Service Regulations and the General Regulations for Contractual Public Employees. The Government specifies that, in accordance with section 14 of the draft SGAP, “there is no discrimination on the basis of gender, religion, opinion, origin, ancestry, political conviction, disability, membership or not of a trade union”. However, the Committee notes with concern that this provision still does not prohibit discrimination on the basis of race, colour and social origin and does not define indirect discrimination. The Committee also notes the general information provided by the Government on the penalties envisaged for violations of section 261 of the Labour Code and the indication that information is still being collected on administrative decisions relating to the prohibition of discrimination. In this regard, the Committee recalls that the monitoring and enforcement of anti-discrimination laws by the courts is an important aspect of the effective implementation of the Convention. It is therefore necessary to collect and publish detailed information on the number, nature and outcome of complaints to the courts and administrative bodies in order to assess the effectiveness of procedures and mechanisms (2012 General Survey on the fundamental Conventions, paragraphs 868 and 871). The Committee therefore requests the Government to: (i) provide precise updated information on the current revision of the Labour Code, and particularly section 261, to ensure that it explicitly prohibits discrimination on all of the grounds enumerated in the Convention, including colour and social origin, and that it explicitly covers indirect discrimination; (ii) take the necessary measures to amend section 14 of the draft General Regulations for Public Employees to ensure that it explicitly prohibits discrimination on all of the grounds enumerated in the Convention, including race, colour and social origin, and that it includes a definition of discrimination that explicitly encompasses indirect discrimination; and (iii) provide detailed information on the interpretation and effect given by the courts in practice to section 261 of the Labour Code and section 5 of the Civil Service Regulations (or section 14 of the General Regulations for Public Employees, if they have been adopted), with a copy of any court or administrative decisions handed down under these provisions.

Discriminatory job vacancy announcements. In its previous comments, the Committee noted the Government’s indication that it was envisaging the adoption of provisions to regulate, in conformity with the requirements of the Convention, vacancies advertised on the radio or through notices in public places, which impose affiliation to a certain religion as a condition for recruitment or specify that the job is solely for men or women. It notes that, although the Government recognizes that this is a common discriminatory practice in all sectors, it still does not refer to any specific measures that have been adopted or are envisaged to regulate this practice and does not indicate the role played by the labour inspection services in this regard. The Committee therefore expresses the firm hope that the Government, in collaboration with employers’ and workers’ organizations, will take all the necessary measures to ensure the application in practice of the national legislation and prohibit any form of direct or indirect discrimination on all of the grounds enumerated in the Convention, including religion and sex, in job vacancy announcements, including in advertisements on the radio or notices in public places. It once again requests the Government to provide information on any progress achieved in this regard.

Domestic workers. The Committee previously invited the Government to take the necessary measures to ensure that the provisions of the Labour Code apply in practice to men and women domestic workers (some of whom work without a written employment contract) and to provide detailed information on the number and outcome of the controls carried out by the labour inspection services on this subject. In this connection, it notes that, in its Memorandum of technical comments of March 2021 referred to above, the Office recommended specifying in section 1 of the Labour Code that it applies to men and women domestic workers, particularly in relation to its provisions respecting non-discrimination and working conditions. The Committee welcomes the indication by the Government that, on 11 June 2019, Madagascar ratified the Domestic Workers Convention, 2011 (No. 189). It also notes the Government’s reiterated indication that domestic workers enjoy the same rights as other workers, as the labour legislation is applicable to them. The Committee notes with regret that, according to the Government, no statistical data is available on the number and outcome of the controls carried out by labour inspectors concerning the working conditions of domestic workers. The Government specifies that the legislation in force does not yet permit effective intervention by labour inspectors in this regard, due in particular to the principle of the inviolability of the home, which makes it impossible for labour inspectors to enter the homes of private individuals who employ domestic workers. The Committee expresses the firm hope that the Government will take all the necessary measures to ensure that men and women domestic workers benefit, not only in law, but also in practice, from the protection afforded by the provisions of the Labour Code, particularly in relation to non-discrimination and working conditions. It therefore requests the Government to: (i) provide specific information on any measures adopted or envisaged for this purpose; and (ii) provide information on any measures adopted or envisaged to facilitate the access of labour inspectors to the homes of private individuals employing men and women domestic workers.

The Committee is raising other matters in a request addressed directly to the Government.

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

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.

Article 1(1)(a) of the Convention. Sexual harassment. In its previous comments, the Committee requested the Government to provide detailed information on: (i) the cases of sexual harassment dealt with by labour inspectors and the court decisions in this regard; and (ii) the measures adopted or envisaged to prevent and eradicate sexual harassment in the workplace. The Committee notes with regret that the Government confines itself in its report to indicating once again that, when cases of sexual harassment are brought to the attention of labour inspectors, the victims are directed to the competent courts. However, it still has not provided any information on the number and outcomes of cases of sexual harassment dealt with by labour inspectors and indicates that the collection of information on court decisions in this regard is still being carried out. The Committee also notes that the Government confines itself to recalling that, when labour inspectors carry out inspections in enterprises, they undertaken awareness-raising activities for employers and workers and encourage employers to punish acts of sexual harassment. However, it notes that the Government has not specified the nature and content of such action. The Committee recalls that sexual harassment is a serious form of discrimination based on sex. It undermines equality at work by calling into question the integrity, dignity and well-being of workers. It damages an enterprise by weakening the bases upon which work relationships are built and impairing productivity. Given the gravity and serious repercussions of sexual harassment, the Committee highlights the importance of taking effective measures to prevent and prohibit sexual harassment at work (2012 General Survey on the fundamental Conventions, paragraph 798). The Committee therefore requests the Government to provide detailed information on:

• (i)the number and outcome of cases of sexual harassment dealt with by labour inspectors and the court decisions handed down in this regard; and
• (ii)the specific measures adopted or envisaged to prevent and eradicate sexual harassment in the workplace, with an indication of the nature and content of the awareness-raising measures taken for employers and workers, and the manner in which employers are encouraged to specifically prohibit and punish this serious form of discrimination on the basis of sex.

Discrimination on grounds of colour. The Committee notes that, in a communiqué published on 28 February 2022, an independent expert and two United Nations special rapporteurs, observing that over a dozen kidnappings, attacks and murders had been reported over the past two years against persons affected by albinism (a hereditary genetic condition consisting of a melanin deficit, the substance that gives colour to the skin, hair and eyes), urged the Government to take immediate measures for the protection of the persons concerned, including through the establishment of education and awareness-raising programmes to combat and eradicate the myths and false beliefs leading to these crimes. The Committee requests the Government to take all the necessary measures to bring an end to discrimination based on colour which results in serious violations of the right to life and personal safety. It requests the Government to provide detailed information on any measures adopted or envisaged to inform, train and raise the awareness of all actors in the world of work (workers, employers and their respective organizations, labour inspectors and judges), as well as society in general, of the critical situation of people affected by albinism and to prevent and eradicate any form of discrimination against them, particularly in employment and occupation.

Article 1(1)(b). Discrimination on grounds of real or perceived HIV status. In its previous comments, following the adoption of the National Strategic Plan on Sexually Transmitted Diseases and AIDS (PSN) for 2013-17, the Committee requested the Government to provide detailed information on the measures to combat discrimination in employment and occupation on grounds of real or perceived HIV status, particularly during recruitment. The Committee notes the very general information provided by the Government on the laws and regulations in force intended to combat stigmatization and discrimination on grounds of HIV status, without providing any information on the action taken in that context or within the framework of other strategies adopted subsequently (for example, to ensure the confidentiality of procedures, severely punish reprisals, remedy the lack of financial resources of victims and promote confidence in the judicial system to resolve these types of disputes). In view of the time that has elapsed since the adoption of the PSN, the Committee requests the Government to provide detailed information on the impact of the measures adopted within the framework of the Plan to combat discrimination on grounds of real or perceived HIV status and stigmatization in employment and occupation, particularly during recruitment, with an indication, for example, of trends since 2017 in the number of complaints submitted to and dealt with by the labour inspection services, the courts or any other body competent to receive this type of complaint (Independent National Human Rights Commission, legal clinics, rights bodies).

Articles 1 and 2. Equality of opportunity and treatment for men and women. The Committee notes the various plans of action adopted at the national level, which were referred to by the Government in its previous report in 2016, seeking to facilitate the access of women to education, employment, credit and property. However, it notes that the Government does not refer to any specific measures adopted to give effect to these plans of action by promoting equality of opportunity and treatment for men and women in employment and occupation. Moreover, the Committee notes that the Government has not provided any recent statistics, whereas it indicated in its previous report that in 2015 women only accounted for 31.4 per cent of senior positions and 37.9 per cent of skilled wage-earners, but 64.9 per cent of family helpers. The Committee therefore once again requests the Government to:

• (i)provide detailed information on the specific proactive measures adopted to promote the education of girls, combat gender stereotypes and promote the participation of women in the labour market, by enabling them to gain access to a broader range of vocational training courses and jobs in the public and private sectors, including jobs principally performed by men;
• (ii)provide information on the awareness-raising and information activities carried out for workers, employers and their respective organizations, labour inspectors, judges and society in general with a view to combating gender stereotypes and the occupational segregation of women; and
• (iii)collect, analyse and provide updated statistical data on the situation of men and women in the public and private sectors, with an indication of the proportion of men and women in senior positions.

Export processing zones. Noting the allegations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), which emphasized the precarious nature of the conditions of work of workers in export processing zones (EPZs), and particularly the lack of employment contracts, holiday entitlements, social protection and collective agreements, and the failure to pay the minimum wage, the Committee previously requested the Government to provide information on the activities of labour inspectors in EPZs, such as: (1) awareness-raising and training activities on protection against discrimination in employment and occupation on all the grounds enumerated in the Convention; and (2) the number and outcome of the inspections carried out. The Committee notes the Government’s indication that the reports of the regional labour inspection services do not make reference to violations relating to the Convention. However, the Government does not specify whether this data specifically concerns inspections carried out in EPZs. The Committee also notes the Government’s indication that, during enterprise inspections, labour inspectors carry out awareness-raising activities on the rights and duties of workers and employers, in accordance with their mandate. However, the Government has not provided specific information on the form and content of the awareness-raising and training activities undertaken specifically in EPZs. In this respect, the Committee notes the observations of FISEMARE, which denounces cases of discrimination, particularly in EPZs, and calls for more unannounced checks, monitoring, accompanying measures and sanctions where appropriate. The Committee requests the Government to provide precise information on:

• (i)the number and outcome of the inspections carried out by labour inspectors, specifically in EPZs, with an indication of the nature of the violations identified in relation to the prohibition of discrimination and working conditions; and
• (ii)the specific awareness-raising and training activities undertaken in EPZs, particularly by the labour inspection services, for workers, employers and their respective organizations on their rights, duties and procedures relating to protection against discrimination in employment and occupation on all the grounds enumerated in the Convention.

Article 5. Special protection measures. The Committee previously noted that section 93 of the Labour Code provides that decrees issued after seeking the opinion of the National Labour Council (CNT) shall determine the nature of the work prohibited for “women” and “pregnant women”. It therefore requested the Government to amend section 93 of the Labour Code so that these prohibitions are strictly limited to maternity protection and to provide a copy of any decree adopted under this section. In this regard, it also notes that, in the Memorandum of technical comments on the draft text to revise the Labour Code provided to the Government in 2021, the Office, with reference to the Committee’s comments on this subject, recommended the Government to amend section 93. It also recommended the amendment of section 99 of the Labour Code (which allows labour inspectors to require the examination of women by an approved physician “with a view to verifying that the work assigned to them does not exceed their physical strength”) with a view to ensuring that it only covers maternity protection in its strict sense. The purpose is also to ensure that the powers of labour inspectors and physicians in relation to the evaluation of the protection of persons working under hazardous or arduous conditions are intended to protect occupational safety and health, for both men and women, while taking into account differences between the sexes and specific health risks in this regard. The Committee notes the Government’s indication that a preliminary draft of a Bill to issue a new Labour Code, submitted to the CNT, contains provisions that are in conformity with those of the Convention, and are targeted in particular at maternity protection, while eliminating gender stereotypes. The Committee expresses the firm hope that the Labour Code will be amended in the near future and that the restrictions on employment under sections 93 and 99 will be strictly confined to maternity protection and commensurate with the nature and scope of the desired protection, that they will not be based on gender stereotypes and that they will not have the effect in practiceof limiting the access of women to employment. It requests the Government to provide information on this subject and a copy, where appropriate, of any decree adopted under section 93 of the Labour Code.

Observation (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.

Article 1 of the Convention. Protection against discrimination. Grounds of discrimination. Legislation. For several years, the Committee has been emphasizing that neither the Labour Code nor the Civil Service Regulations prohibit discrimination on all of the grounds enumerated in the Convention. Discrimination on the basis of colour and social origin is not prohibited by the Labour Code (see section 261) and discrimination on the basis of race, colour and social origin is not prohibited by the Civil Service Regulations (see section 5). The Committee notes the Government’s indication in its report that a preliminary draft Bill to issue a new Labour Code has been submitted to the National Labour Council (CNT) and contains provisions that are in conformity with the Convention, as well as definitions of the concepts of direct and indirect discrimination and sexual harassment at the workplace. It notes, however, that the Government did not provide a copy of this draft text with its report nor has it provided the envisaged new wording of section 261 of the Labour Code. In this regard, the Committee observes that, in the Memorandum of technical comments on the draft revision of the Labour Code that it provided to the Government in March 2021, the International Labour Office (ILO) indicated that, in the version that had been submitted to it for comment in February 2021, the proposed revision of the Labour Code did not affect section 261 of the current Labour Code. It also notes the Government’s indication that new General Regulations for Public Employees (SGAP) are being prepared, with a view to harmonizing the provisions of the Civil Service Regulations and the General Regulations for Contractual Public Employees. The Government specifies that, in accordance with section 14 of the draft SGAP, “there is no discrimination on the basis of gender, religion, opinion, origin, ancestry, political conviction, disability, membership or not of a trade union”. However, the Committee notes with concern that this provision still does not prohibit discrimination on the basis of race, colour and social origin and does not define indirect discrimination. The Committee also notes the general information provided by the Government on the penalties envisaged for violations of section 261 of the Labour Code and the indication that information is still being collected on administrative decisions relating to the prohibition of discrimination. In this regard, the Committee recalls that the monitoring and enforcement of anti-discrimination laws by the courts is an important aspect of the effective implementation of the Convention. It is therefore necessary to collect and publish detailed information on the number, nature and outcome of complaints to the courts and administrative bodies in order to assess the effectiveness of procedures and mechanisms (2012 General Survey on the fundamental Conventions, paragraphs 868 and 871). The Committee therefore requests the Government to: (i) provide precise updated information on the current revision of the Labour Code, and particularly section 261, to ensure that it explicitly prohibits discrimination on all of the grounds enumerated in the Convention, including colour and social origin, and that it explicitly covers indirect discrimination; (ii) take the necessary measures to amend section 14 of the draft General Regulations for Public Employees to ensure that it explicitly prohibits discrimination on all of the grounds enumerated in the Convention, including race, colour and social origin, and that it includes a definition of discrimination that explicitly encompasses indirect discrimination; and (iii) provide detailed information on the interpretation and effect given by the courts in practice to section 261 of the Labour Code and section 5 of the Civil Service Regulations (or section 14 of the General Regulations for Public Employees, if they have been adopted), with a copy of any court or administrative decisions handed down under these provisions.

Discriminatory job vacancy announcements. In its previous comments, the Committee noted the Government’s indication that it was envisaging the adoption of provisions to regulate, in conformity with the requirements of the Convention, vacancies advertised on the radio or through notices in public places, which impose affiliation to a certain religion as a condition for recruitment or specify that the job is solely for men or women. It notes that, although the Government recognizes that this is a common discriminatory practice in all sectors, it still does not refer to any specific measures that have been adopted or are envisaged to regulate this practice and does not indicate the role played by the labour inspection services in this regard. The Committee therefore expresses the firm hope that the Government, in collaboration with employers’ and workers’ organizations, will take all the necessary measures to ensure the application in practice of the national legislation and prohibit any form of direct or indirect discrimination on all of the grounds enumerated in the Convention, including religion and sex, in job vacancy announcements, including in advertisements on the radio or notices in public places. It once again requests the Government to provide information on any progress achieved in this regard.

Domestic workers. The Committee previously invited the Government to take the necessary measures to ensure that the provisions of the Labour Code apply in practice to men and women domestic workers (some of whom work without a written employment contract) and to provide detailed information on the number and outcome of the controls carried out by the labour inspection services on this subject. In this connection, it notes that, in its Memorandum of technical comments of March 2021 referred to above, the Office recommended specifying in section 1 of the Labour Code that it applies to men and women domestic workers, particularly in relation to its provisions respecting non-discrimination and working conditions. The Committee welcomes the indication by the Government that, on 11 June 2019, Madagascar ratified the Domestic Workers Convention, 2011 (No. 189). It also notes the Government’s reiterated indication that domestic workers enjoy the same rights as other workers, as the labour legislation is applicable to them. The Committee notes with regret that, according to the Government, no statistical data is available on the number and outcome of the controls carried out by labour inspectors concerning the working conditions of domestic workers. The Government specifies that the legislation in force does not yet permit effective intervention by labour inspectors in this regard, due in particular to the principle of the inviolability of the home, which makes it impossible for labour inspectors to enter the homes of private individuals who employ domestic workers. The Committee expresses the firm hope that the Government will take all the necessary measures to ensure that men and women domestic workers benefit, not only in law, but also in practice, from the protection afforded by the provisions of the Labour Code, particularly in relation to non-discrimination and working conditions. It therefore requests the Government to: (i) provide specific information on any measures adopted or envisaged for this purpose; and (ii) provide information on any measures adopted or envisaged to facilitate the access of labour inspectors to the homes of private individuals employing men and women domestic workers.

The Committee is raising other matters in a request addressed directly to the Government.

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

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

Repetition

Article 1(1)(a) of the Convention. Sexual harassment. In its previous comments, the Committee noted that the definition of sexual harassment in section 5 of the revised Labour Code includes both quid pro quo and hostile work environment sexual harassment and protects employees against victimization for having witnessed sexual harassment. It also noted the Government’s indications that, where a case of sexual harassment is dealt with by labour inspectors, the victim is generally directed towards the competent court. The Committee notes that the Government provides no information on the cases of sexual harassment reported by labour inspectors or brought to their attention, and that it merely indicates in its report that no information is available in this regard from the courts. It adds that, during inspection visits in enterprises, labour inspectors can raise awareness among workers and employers with regard to the prevention of sexual harassment and that employers are encouraged to prohibit and penalize the practice of sexual harassment. The Committee once again requests the Government to provide information on the number and outcome of cases of sexual harassment dealt with by labour inspectors and court decisions issued in this regard. The Committee requests the Government to provide detailed information on the measures taken or envisaged, particularly within the framework of awareness-raising and training activities, to prevent and eliminate sexual harassment in the work place, specifying how employers are encouraged to explicitly prohibit and penalize this serious form of discrimination on the basis of sex. The Government is also requested to provide any extracts from inspection reports or relevant studies on this subject.

Article 1(1)(b). Real or perceived HIV status. The Committee notes the adoption of the national strategic plan on sexually transmitted diseases and AIDS (PSN) for 2013–17, one of the objectives of which is to ensure that at least 50 per cent of adults adopt non-stigmatizing and non-discriminatory attitudes towards persons living with HIV by 2017. It also notes that the PSN provides for support for 117 private sector enterprises and 11 ministries for the development and implementation of annual action plans to combat AIDS and that, according to the Government, in 2015, 15 ministries and 74 enterprises have already benefited from such activities. The Government adds that these enterprises carried out awareness-raising activities relating to HIV in order to combat discrimination and stigmatization and that workers who had participated in those activities were tested and had helped to provide support for people with HIV/AIDS. The Committee recalls, in this regard, the importance of ensuring that HIV tests are voluntary so as not to be used as a condition for accessing or retaining employment. In addition, the Committee notes that the national committee to combat AIDS (CNLS) also carried out awareness-raising activities among workers and employers in eight regions. While noting the general HIV awareness-raising activities, the Committee requests the Government to provide detailed information on the measures taken in the framework of the PSN for 2013–17 or any strategy adopted subsequently, including on the content of the annual action plans implemented in private enterprises and ministries, describing whether they include measures to combat specifically discrimination on grounds of real or perceived HIV status and stigmatization in employment and occupation, particularly during recruitment. The Government is requested to send relevant extracts of the action plans to combat AIDS in employment and occupation.

Articles 1 and 2. Equality of opportunity and treatment for men and women. The Committee notes the Government’s indications that various measures are in place at the national level to facilitate women’s access, particularly in rural areas, to employment, credit and land in the framework of the National Development Plan (PND) for 2015–19 and the policy note for land 2015–30. The Government also indicates that various actions have been carried out to promote gender and women’s independence, particularly for those in vulnerable situations. The Committee notes the adoption of the strategy concerning gender and the electoral process for 2015–20 aiming at increasing women’s participation in the electoral process, as both candidates and voters, and thereby strengthening their decision-making power. The Committee notes, however, that in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern at the persistence of discriminatory stereotypes concerning the roles and responsibilities of women and men in society and in the family, such as the concept of “the head of the household”, which assigns this role to men; of harmful practices such as child or forced marriage, the sale of wives, girl markets, and early pregnancy resulting in a high drop-out rate among girls. CEDAW also noted with concern the discriminatory practices of employers against pregnant women, the high rate of unemployment among women and the strong segregation in the labour market, while reiterating its concern about the high proportion of women in the informal sector (CEDAW/C/MDG/CO/6-7, 24 November 2015, paragraphs 18, 28 and 30). In this regard, the Committee notes that, according to the statistics provided by the Government in 2015, women represented only 31.4 per cent of senior positions and 37.9 per cent of skilled wage earners but represented 64.9 per cent of family helpers. The Committee requests the Government to provide information on the specific measures taken, particularly in rural areas, to promote girls’ education and combat gender stereotypes and occupational segregation between men and women in order to promote women’s participation in the labour market by enabling them to access a wider range of vocational training and employment, in the public and private sectors, including occupations performed predominantly by men and at senior and management levels. The Government is requested to provide information on the impact of these measures, and on the information and awareness-raising activities carried out for workers, employers and their organizations, labour inspectors, judges and society in general, particularly traditional leaders, in order to combat gender stereotypes and occupational segregation. The Committee requests the Government to continue its efforts to gather, analyse and communicate statistics on the situation of men and women in the different branches of activity, both in the public and private sectors, specifying the proportion of men and women in management posts.

Article 2. Night work. Export processing zones (EPZs). The Committee previously noted that section 5 of Act No. 2007-037 on EPZs sets forth that the provisions of the Labour Code prohibiting night work by women are not applicable in EPZs. It also noted the allegations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA) which underlined the precarious nature of the conditions of work of workers in EPZs, particularly the lack of employment contracts, holiday entitlements, social protection or collective agreements, and failures to pay the minimum wage. The Committee notes the Government’s indication that labour inspectors, by conducting checks of the establishments in the EPZs and settling any disputes, ensure enforcement of the legal or statutory provisions regarding conditions of work and protection for workers, and provide technical advice to the social partners on their respective rights and obligations. The Committee requests the Government to provide specific information on the number and outcome of checks conducted by labour inspectors in the EPZs, specifying the nature of the offences reported especially with regard to non-discrimination and conditions of work, including night work. The Committee also requests the Government to provide information on awareness-raising and training activities carried out in EPZs, particularly by the labour inspectorate, for workers and employers and their organizations on their rights and obligations, and the procedures relating to protection against discrimination in employment and occupation on all the grounds listed in the Convention.

Article 5. Special measures of protection. The Committee previously noted that section 93 of the Labour Code stipulated that decrees adopted further to the opinion of the National Labour Council (CNT) determine the nature of work that is prohibited for women and pregnant women, and requested the Government to amend this provision so that restrictions on employment aimed at protecting women are strictly limited to maternity protection. The Committee notes the Government’s indication that, following its meeting in March 2016, the National Labour Inspectors Conference (SAIT) raised the issue of amending section 93 of the Labour Code and to this end the draft will be transferred shortly to the CNT in order to gather the opinions of the social partners in this regard. The Committee requests the Government to provide information on progress made regarding the revision of the Labour Code, particularly section 93, so that restrictions on employment aimed at protecting women are strictly limited to maternity protection and are proportional to the type and extent of the protection sought, are not based on gender stereotypes, and do not have the effect of limiting women’s access to employment in practice. The Government is also requested to provide, where relevant, copies of any decrees adopted in accordance with section 93 of the Labour Code.

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

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

Repetition

Article 1 of the Convention. Protection against discrimination. For several years, the Committee has been emphasizing that neither the Labour Code nor the Civil Service Regulations prohibit discrimination on all the grounds covered by the Convention and has been asking the Government to take the necessary measures to bring the legislation into conformity with the Convention. The Committee noted that the Labour Code does not prohibit discrimination on the basis of colour and social origin (section 261), and that the Civil Service Statute does not prohibit discrimination on grounds of race, colour and social origin (section 5). The Committee notes the Government’s indication in its report that, in March 2016, the National Labour Inspectors Conference (SAIT) raised the issue of amending the Labour Code provisions concerning prohibited grounds for discrimination and that a draft to introduce colour and social origin into the list of these grounds and expressly prohibit all discrimination, including indirect discrimination, will be transferred shortly to the National Labour Council (CNT) in order to gather the opinions of the social partners in this regard. With regard to the public service, the Committee notes the Government’s indication that, while it considers that the term “colour” is not appropriate to the reality of Malagasy society, it is currently studying the possibility of including this motive in the list of grounds of prohibited discrimination. The Government adds that it also plans to introduce the provisions defining and prohibiting all discrimination, including indirect discrimination, and that all these issues will be raised during the forthcoming revision of the Civil Service Regulations. The Committee requests the Government to provide information on progress made regarding the revision of the Labour Code and the Civil Service Regulations to harmonize and supplement national legislative provisions in order to prohibit, in both the public and the private sectors, any discrimination on all of the grounds listed in the Convention, including race, colour and social origin, and to include a definition of discrimination which explicitly covers indirect discrimination. The Committee requests the Government to indicate any measures taken or envisaged in this respect, in cooperation with workers’ and employers’ organizations. The Committee also requests the Government to provide information on the interpretation and application in practice of section 261 of the Labour Code and section 5 of the Civil Service Regulations, and to provide copies of any administrative or judicial decisions issued in accordance with these provisions.

Discriminatory job vacancy announcements. In its previous comments, the Committee noted the allegations of the General Confederation of Workers’ Unions of Madagascar (FISEMA) concerning the fact that vacancies for jobs as guards, domestic employees or workers in export processing zones advertised on the radio or through notices in the street, impose affiliation to a certain religion as a condition for recruitment or specify that the job is solely for men or women. The Committee notes the Government’s statement that some advertisements for vacancies on radio or through notices in public places, are discriminatory in nature with regard to religion or sex. Given that the advertisement of job vacancies on the radio or on public notices has become common practice, the Government indicates that it envisages adopting legislation to regulate this practice in line with the provisions of the Convention. The Committee trusts that the Government will adopt, in cooperation with the workers’ and employers’ organizations, measures aimed at enforcing national legislation and prohibiting in practice all forms of direct and indirect discrimination on all the grounds listed in the Convention, including religion and sex, in job vacancies advertised on the radio or on public notices. It requests the Government to provide information on any progress made in this regard.

Domestic workers. In its previous comments, the Committee noted that the Christian Confederation of Malagasy Trade Unions (SEKRIMA) highlighted the precarious nature of the conditions of employment of domestic workers, some being employed without an employment contract. The Committee notes the Government’s indication that domestic workers enjoy the same rights as other workers, as labour legislation is applicable to them and they can lodge complaints with the labour inspectorate in cases of violations of their rights. The Committee notes, however, that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the precarious situation of women and girls in domestic work in private households and recommended that the Government strengthen the capacity of labour inspectors to monitor workplaces, including in private households (CEDAW/C/MDG/CO/6-7, 24 November 2015, paragraphs 30–31). The Committee trusts that the Government will take the necessary measures to ensure that domestic workers enjoy, in practice, the protection set out in the provisions of the Labour Code, particularly those relating to non-discrimination and employment conditions. It requests the Government to provide detailed information on the number and outcomes of checks conducted by labour inspectors to ensure the effective application of the provisions of the Labour Code for domestic workers, by sending extracts from inspection reports or relevant studies.

The Committee is raising other matters in a request addressed directly to the Government.

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

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

The Committee notes with concern 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

Article 1(1)(a) of the Convention. Sexual harassment. In its previous comments, the Committee noted that the definition of sexual harassment in section 5 of the revised Labour Code includes both quid pro quo and hostile work environment sexual harassment and protects employees against victimization for having witnessed sexual harassment. It also noted the Government’s indications that, where a case of sexual harassment is dealt with by labour inspectors, the victim is generally directed towards the competent court. The Committee notes that the Government provides no information on the cases of sexual harassment reported by labour inspectors or brought to their attention, and that it merely indicates in its report that no information is available in this regard from the courts. It adds that, during inspection visits in enterprises, labour inspectors can raise awareness among workers and employers with regard to the prevention of sexual harassment and that employers are encouraged to prohibit and penalize the practice of sexual harassment. The Committee once again requests the Government to provide information on the number and outcome of cases of sexual harassment dealt with by labour inspectors and court decisions issued in this regard. The Committee requests the Government to provide detailed information on the measures taken or envisaged, particularly within the framework of awareness-raising and training activities, to prevent and eliminate sexual harassment in the work place, specifying how employers are encouraged to explicitly prohibit and penalize this serious form of discrimination on the basis of sex. The Government is also requested to provide any extracts from inspection reports or relevant studies on this subject.

Article 1(1)(b). Real or perceived HIV status. The Committee notes the adoption of the national strategic plan on sexually transmitted diseases and AIDS (PSN) for 2013–17, one of the objectives of which is to ensure that at least 50 per cent of adults adopt non-stigmatizing and non-discriminatory attitudes towards persons living with HIV by 2017. It also notes that the PSN provides for support for 117 private sector enterprises and 11 ministries for the development and implementation of annual action plans to combat AIDS and that, according to the Government, in 2015, 15 ministries and 74 enterprises have already benefited from such activities. The Government adds that these enterprises carried out awareness-raising activities relating to HIV in order to combat discrimination and stigmatization and that workers who had participated in those activities were tested and had helped to provide support for people with HIV/AIDS. The Committee recalls, in this regard, the importance of ensuring that HIV tests are voluntary so as not to be used as a condition for accessing or retaining employment. In addition, the Committee notes that the national committee to combat AIDS (CNLS) also carried out awareness-raising activities among workers and employers in eight regions. While noting the general HIV awareness-raising activities, the Committee requests the Government to provide detailed information on the measures taken in the framework of the PSN for 2013–17 or any strategy adopted subsequently, including on the content of the annual action plans implemented in private enterprises and ministries, describing whether they include measures to combat specifically discrimination on grounds of real or perceived HIV status and stigmatization in employment and occupation, particularly during recruitment. The Government is requested to send relevant extracts of the action plans to combat AIDS in employment and occupation.

Articles 1 and 2. Equality of opportunity and treatment for men and women. The Committee notes the Government’s indications that various measures are in place at the national level to facilitate women’s access, particularly in rural areas, to employment, credit and land in the framework of the National Development Plan (PND) for 2015–19 and the policy note for land 2015–30. The Government also indicates that various actions have been carried out to promote gender and women’s independence, particularly for those in vulnerable situations. The Committee notes the adoption of the strategy concerning gender and the electoral process for 2015–20 aiming at increasing women’s participation in the electoral process, as both candidates and voters, and thereby strengthening their decision-making power. The Committee notes, however, that in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern at the persistence of discriminatory stereotypes concerning the roles and responsibilities of women and men in society and in the family, such as the concept of “the head of the household”, which assigns this role to men; of harmful practices such as child or forced marriage, the sale of wives, girl markets, and early pregnancy resulting in a high drop-out rate among girls. CEDAW also noted with concern the discriminatory practices of employers against pregnant women, the high rate of unemployment among women and the strong segregation in the labour market, while reiterating its concern about the high proportion of women in the informal sector (CEDAW/C/MDG/CO/6-7, 24 November 2015, paragraphs 18, 28 and 30). In this regard, the Committee notes that, according to the statistics provided by the Government in 2015, women represented only 31.4 per cent of senior positions and 37.9 per cent of skilled wage earners but represented 64.9 per cent of family helpers. The Committee requests the Government to provide information on the specific measures taken, particularly in rural areas, to promote girls’ education and combat gender stereotypes and occupational segregation between men and women in order to promote women’s participation in the labour market by enabling them to access a wider range of vocational training and employment, in the public and private sectors, including occupations performed predominantly by men and at senior and management levels. The Government is requested to provide information on the impact of these measures, and on the information and awareness-raising activities carried out for workers, employers and their organizations, labour inspectors, judges and society in general, particularly traditional leaders, in order to combat gender stereotypes and occupational segregation. The Committee requests the Government to continue its efforts to gather, analyse and communicate statistics on the situation of men and women in the different branches of activity, both in the public and private sectors, specifying the proportion of men and women in management posts.

Article 2. Night work. Export processing zones (EPZs). The Committee previously noted that section 5 of Act No. 2007-037 on EPZs sets forth that the provisions of the Labour Code prohibiting night work by women are not applicable in EPZs. It also noted the allegations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA) which underlined the precarious nature of the conditions of work of workers in EPZs, particularly the lack of employment contracts, holiday entitlements, social protection or collective agreements, and failures to pay the minimum wage. The Committee notes the Government’s indication that labour inspectors, by conducting checks of the establishments in the EPZs and settling any disputes, ensure enforcement of the legal or statutory provisions regarding conditions of work and protection for workers, and provide technical advice to the social partners on their respective rights and obligations. The Committee requests the Government to provide specific information on the number and outcome of checks conducted by labour inspectors in the EPZs, specifying the nature of the offences reported especially with regard to non-discrimination and conditions of work, including night work. The Committee also requests the Government to provide information on awareness-raising and training activities carried out in EPZs, particularly by the labour inspectorate, for workers and employers and their organizations on their rights and obligations, and the procedures relating to protection against discrimination in employment and occupation on all the grounds listed in the Convention.

Article 5. Special measures of protection. The Committee previously noted that section 93 of the Labour Code stipulated that decrees adopted further to the opinion of the National Labour Council (CNT) determine the nature of work that is prohibited for women and pregnant women, and requested the Government to amend this provision so that restrictions on employment aimed at protecting women are strictly limited to maternity protection. The Committee notes the Government’s indication that, following its meeting in March 2016, the National Labour Inspectors Conference (SAIT) raised the issue of amending section 93 of the Labour Code and to this end the draft will be transferred shortly to the CNT in order to gather the opinions of the social partners in this regard. The Committee requests the Government to provide information on progress made regarding the revision of the Labour Code, particularly section 93, so that restrictions on employment aimed at protecting women are strictly limited to maternity protection and are proportional to the type and extent of the protection sought, are not based on gender stereotypes, and do not have the effect of limiting women’s access to employment in practice. The Government is also requested to provide, where relevant, copies of any decrees adopted in accordance with section 93 of the Labour Code.

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

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

Repetition

Article 1 of the Convention. Protection against discrimination. For several years, the Committee has been emphasizing that neither the Labour Code nor the Civil Service Regulations prohibit discrimination on all the grounds covered by the Convention and has been asking the Government to take the necessary measures to bring the legislation into conformity with the Convention. The Committee noted that the Labour Code does not prohibit discrimination on the basis of colour and social origin (section 261), and that the Civil Service Statute does not prohibit discrimination on grounds of race, colour and social origin (section 5). The Committee notes the Government’s indication in its report that, in March 2016, the National Labour Inspectors Conference (SAIT) raised the issue of amending the Labour Code provisions concerning prohibited grounds for discrimination and that a draft to introduce colour and social origin into the list of these grounds and expressly prohibit all discrimination, including indirect discrimination, will be transferred shortly to the National Labour Council (CNT) in order to gather the opinions of the social partners in this regard. With regard to the public service, the Committee notes the Government’s indication that, while it considers that the term “colour” is not appropriate to the reality of Malagasy society, it is currently studying the possibility of including this motive in the list of grounds of prohibited discrimination. The Government adds that it also plans to introduce the provisions defining and prohibiting all discrimination, including indirect discrimination, and that all these issues will be raised during the forthcoming revision of the Civil Service Regulations. The Committee requests the Government to provide information on progress made regarding the revision of the Labour Code and the Civil Service Regulations to harmonize and supplement national legislative provisions in order to prohibit, in both the public and the private sectors, any discrimination on all of the grounds listed in the Convention, including race, colour and social origin, and to include a definition of discrimination which explicitly covers indirect discrimination. The Committee requests the Government to indicate any measures taken or envisaged in this respect, in cooperation with workers’ and employers’ organizations. The Committee also requests the Government to provide information on the interpretation and application in practice of section 261 of the Labour Code and section 5 of the Civil Service Regulations, and to provide copies of any administrative or judicial decisions issued in accordance with these provisions.

Discriminatory job vacancy announcements. In its previous comments, the Committee noted the allegations of the General Confederation of Workers’ Unions of Madagascar (FISEMA) concerning the fact that vacancies for jobs as guards, domestic employees or workers in export processing zones advertised on the radio or through notices in the street, impose affiliation to a certain religion as a condition for recruitment or specify that the job is solely for men or women. The Committee notes the Government’s statement that some advertisements for vacancies on radio or through notices in public places, are discriminatory in nature with regard to religion or sex. Given that the advertisement of job vacancies on the radio or on public notices has become common practice, the Government indicates that it envisages adopting legislation to regulate this practice in line with the provisions of the Convention. The Committee trusts that the Government will adopt, in cooperation with the workers’ and employers’ organizations, measures aimed at enforcing national legislation and prohibiting in practice all forms of direct and indirect discrimination on all the grounds listed in the Convention, including religion and sex, in job vacancies advertised on the radio or on public notices. It requests the Government to provide information on any progress made in this regard.

Domestic workers. In its previous comments, the Committee noted that the Christian Confederation of Malagasy Trade Unions (SEKRIMA) highlighted the precarious nature of the conditions of employment of domestic workers, some being employed without an employment contract. The Committee notes the Government’s indication that domestic workers enjoy the same rights as other workers, as labour legislation is applicable to them and they can lodge complaints with the labour inspectorate in cases of violations of their rights. The Committee notes, however, that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the precarious situation of women and girls in domestic work in private households and recommended that the Government strengthen the capacity of labour inspectors to monitor workplaces, including in private households (CEDAW/C/MDG/CO/6-7, 24 November 2015, paragraphs 30–31). The Committee trusts that the Government will take the necessary measures to ensure that domestic workers enjoy, in practice, the protection set out in the provisions of the Labour Code, particularly those relating to non-discrimination and employment conditions. It requests the Government to provide detailed information on the number and outcomes of checks conducted by labour inspectors to ensure the effective application of the provisions of the Labour Code for domestic workers, by sending extracts from inspection reports or relevant studies.

The Committee is raising other matters in a request addressed directly to the Government.

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

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

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

Article 1(1)(a) of the Convention. Sexual harassment. In its previous comments, the Committee noted that the definition of sexual harassment in section 5 of the revised Labour Code includes both quid pro quo and hostile work environment sexual harassment and protects employees against victimization for having witnessed sexual harassment. It also noted the Government’s indications that, where a case of sexual harassment is dealt with by labour inspectors, the victim is generally directed towards the competent court. The Committee notes that the Government provides no information on the cases of sexual harassment reported by labour inspectors or brought to their attention, and that it merely indicates in its report that no information is available in this regard from the courts. It adds that, during inspection visits in enterprises, labour inspectors can raise awareness among workers and employers with regard to the prevention of sexual harassment and that employers are encouraged to prohibit and penalize the practice of sexual harassment. The Committee once again requests the Government to provide information on the number and outcome of cases of sexual harassment dealt with by labour inspectors and court decisions issued in this regard. The Committee requests the Government to provide detailed information on the measures taken or envisaged, particularly within the framework of awareness-raising and training activities, to prevent and eliminate sexual harassment in the work place, specifying how employers are encouraged to explicitly prohibit and penalize this serious form of discrimination on the basis of sex. The Government is also requested to provide any extracts from inspection reports or relevant studies on this subject.

Article 1(1)(b). Real or perceived HIV status. The Committee notes the adoption of the national strategic plan on sexually transmitted diseases and AIDS (PSN) for 2013–17, one of the objectives of which is to ensure that at least 50 per cent of adults adopt non-stigmatizing and non-discriminatory attitudes towards persons living with HIV by 2017. It also notes that the PSN provides for support for 117 private sector enterprises and 11 ministries for the development and implementation of annual action plans to combat AIDS and that, according to the Government, in 2015, 15 ministries and 74 enterprises have already benefited from such activities. The Government adds that these enterprises carried out awareness-raising activities relating to HIV in order to combat discrimination and stigmatization and that workers who had participated in those activities were tested and had helped to provide support for people with HIV/AIDS. The Committee recalls, in this regard, the importance of ensuring that HIV tests are voluntary so as not to be used as a condition for accessing or retaining employment. In addition, the Committee notes that the national committee to combat AIDS (CNLS) also carried out awareness-raising activities among workers and employers in eight regions. While noting the general HIV awareness-raising activities, the Committee requests the Government to provide detailed information on the measures taken in the framework of the PSN for 2013–17 or any strategy adopted subsequently, including on the content of the annual action plans implemented in private enterprises and ministries, describing whether they include measures to combat specifically discrimination on grounds of real or perceived HIV status and stigmatization in employment and occupation, particularly during recruitment. The Government is requested to send relevant extracts of the action plans to combat AIDS in employment and occupation.

Articles 1 and 2. Equality of opportunity and treatment for men and women. The Committee notes the Government’s indications that various measures are in place at the national level to facilitate women’s access, particularly in rural areas, to employment, credit and land in the framework of the National Development Plan (PND) for 2015–19 and the policy note for land 2015–30. The Government also indicates that various actions have been carried out to promote gender and women’s independence, particularly for those in vulnerable situations. The Committee notes the adoption of the strategy concerning gender and the electoral process for 2015–20 aiming at increasing women’s participation in the electoral process, as both candidates and voters, and thereby strengthening their decision-making power. The Committee notes, however, that in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern at the persistence of discriminatory stereotypes concerning the roles and responsibilities of women and men in society and in the family, such as the concept of “the head of the household”, which assigns this role to men; of harmful practices such as child or forced marriage, the sale of wives, girl markets, and early pregnancy resulting in a high drop-out rate among girls. CEDAW also noted with concern the discriminatory practices of employers against pregnant women, the high rate of unemployment among women and the strong segregation in the labour market, while reiterating its concern about the high proportion of women in the informal sector (CEDAW/C/MDG/CO/6-7, 24 November 2015, paragraphs 18, 28 and 30). In this regard, the Committee notes that, according to the statistics provided by the Government in 2015, women represented only 31.4 per cent of senior positions and 37.9 per cent of skilled wage earners but represented 64.9 per cent of family helpers. The Committee requests the Government to provide information on the specific measures taken, particularly in rural areas, to promote girls’ education and combat gender stereotypes and occupational segregation between men and women in order to promote women’s participation in the labour market by enabling them to access a wider range of vocational training and employment, in the public and private sectors, including occupations performed predominantly by men and at senior and management levels. The Government is requested to provide information on the impact of these measures, and on the information and awareness-raising activities carried out for workers, employers and their organizations, labour inspectors, judges and society in general, particularly traditional leaders, in order to combat gender stereotypes and occupational segregation. The Committee requests the Government to continue its efforts to gather, analyse and communicate statistics on the situation of men and women in the different branches of activity, both in the public and private sectors, specifying the proportion of men and women in management posts.

Article 2. Night work. Export processing zones (EPZs). The Committee previously noted that section 5 of Act No. 2007-037 on EPZs sets forth that the provisions of the Labour Code prohibiting night work by women are not applicable in EPZs. It also noted the allegations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA) which underlined the precarious nature of the conditions of work of workers in EPZs, particularly the lack of employment contracts, holiday entitlements, social protection or collective agreements, and failures to pay the minimum wage. The Committee notes the Government’s indication that labour inspectors, by conducting checks of the establishments in the EPZs and settling any disputes, ensure enforcement of the legal or statutory provisions regarding conditions of work and protection for workers, and provide technical advice to the social partners on their respective rights and obligations. The Committee requests the Government to provide specific information on the number and outcome of checks conducted by labour inspectors in the EPZs, specifying the nature of the offences reported especially with regard to non-discrimination and conditions of work, including night work. The Committee also requests the Government to provide information on awareness-raising and training activities carried out in EPZs, particularly by the labour inspectorate, for workers and employers and their organizations on their rights and obligations, and the procedures relating to protection against discrimination in employment and occupation on all the grounds listed in the Convention.

Article 5. Special measures of protection. The Committee previously noted that section 93 of the Labour Code stipulated that decrees adopted further to the opinion of the National Labour Council (CNT) determine the nature of work that is prohibited for women and pregnant women, and requested the Government to amend this provision so that restrictions on employment aimed at protecting women are strictly limited to maternity protection. The Committee notes the Government’s indication that, following its meeting in March 2016, the National Labour Inspectors Conference (SAIT) raised the issue of amending section 93 of the Labour Code and to this end the draft will be transferred shortly to the CNT in order to gather the opinions of the social partners in this regard. The Committee requests the Government to provide information on progress made regarding the revision of the Labour Code, particularly section 93, so that restrictions on employment aimed at protecting women are strictly limited to maternity protection and are proportional to the type and extent of the protection sought, are not based on gender stereotypes, and do not have the effect of limiting women’s access to employment in practice. The Government is also requested to provide, where relevant, copies of any decrees adopted in accordance with section 93 of the Labour Code.

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

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

Repetition

Article 1 of the Convention. Protection against discrimination. For several years, the Committee has been emphasizing that neither the Labour Code nor the Civil Service Regulations prohibit discrimination on all the grounds covered by the Convention and has been asking the Government to take the necessary measures to bring the legislation into conformity with the Convention. The Committee noted that the Labour Code does not prohibit discrimination on the basis of colour and social origin (section 261), and that the Civil Service Statute does not prohibit discrimination on grounds of race, colour and social origin (section 5). The Committee notes the Government’s indication in its report that, in March 2016, the National Labour Inspectors Conference (SAIT) raised the issue of amending the Labour Code provisions concerning prohibited grounds for discrimination and that a draft to introduce colour and social origin into the list of these grounds and expressly prohibit all discrimination, including indirect discrimination, will be transferred shortly to the National Labour Council (CNT) in order to gather the opinions of the social partners in this regard. With regard to the public service, the Committee notes the Government’s indication that, while it considers that the term “colour” is not appropriate to the reality of Malagasy society, it is currently studying the possibility of including this motive in the list of grounds of prohibited discrimination. The Government adds that it also plans to introduce the provisions defining and prohibiting all discrimination, including indirect discrimination, and that all these issues will be raised during the forthcoming revision of the Civil Service Regulations. The Committee requests the Government to provide information on progress made regarding the revision of the Labour Code and the Civil Service Regulations to harmonize and supplement national legislative provisions in order to prohibit, in both the public and the private sectors, any discrimination on all of the grounds listed in the Convention, including race, colour and social origin, and to include a definition of discrimination which explicitly covers indirect discrimination. The Committee requests the Government to indicate any measures taken or envisaged in this respect, in cooperation with workers’ and employers’ organizations. The Committee also requests the Government to provide information on the interpretation and application in practice of section 261 of the Labour Code and section 5 of the Civil Service Regulations, and to provide copies of any administrative or judicial decisions issued in accordance with these provisions.

Discriminatory job vacancy announcements. In its previous comments, the Committee noted the allegations of the General Confederation of Workers’ Unions of Madagascar (FISEMA) concerning the fact that vacancies for jobs as guards, domestic employees or workers in export processing zones advertised on the radio or through notices in the street, impose affiliation to a certain religion as a condition for recruitment or specify that the job is solely for men or women. The Committee notes the Government’s statement that some advertisements for vacancies on radio or through notices in public places, are discriminatory in nature with regard to religion or sex. Given that the advertisement of job vacancies on the radio or on public notices has become common practice, the Government indicates that it envisages adopting legislation to regulate this practice in line with the provisions of the Convention. The Committee trusts that the Government will adopt, in cooperation with the workers’ and employers’ organizations, measures aimed at enforcing national legislation and prohibiting in practice all forms of direct and indirect discrimination on all the grounds listed in the Convention, including religion and sex, in job vacancies advertised on the radio or on public notices. It requests the Government to provide information on any progress made in this regard.

Domestic workers. In its previous comments, the Committee noted that the Christian Confederation of Malagasy Trade Unions (SEKRIMA) highlighted the precarious nature of the conditions of employment of domestic workers, some being employed without an employment contract. The Committee notes the Government’s indication that domestic workers enjoy the same rights as other workers, as labour legislation is applicable to them and they can lodge complaints with the labour inspectorate in cases of violations of their rights. The Committee notes, however, that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the precarious situation of women and girls in domestic work in private households and recommended that the Government strengthen the capacity of labour inspectors to monitor workplaces, including in private households (CEDAW/C/MDG/CO/6-7, 24 November 2015, paragraphs 30–31). The Committee trusts that the Government will take the necessary measures to ensure that domestic workers enjoy, in practice, the protection set out in the provisions of the Labour Code, particularly those relating to non-discrimination and employment conditions. It requests the Government to provide detailed information on the number and outcomes of checks conducted by labour inspectors to ensure the effective application of the provisions of the Labour Code for domestic workers, by sending extracts from inspection reports or relevant studies.

The Committee is raising other matters in a request addressed directly to the Government.

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

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

Article 1(1)(a) of the Convention. Sexual harassment. In its previous comments, the Committee noted that the definition of sexual harassment in section 5 of the revised Labour Code includes both quid pro quo and hostile work environment sexual harassment and protects employees against victimization for having witnessed sexual harassment. It also noted the Government’s indications that, where a case of sexual harassment is dealt with by labour inspectors, the victim is generally directed towards the competent court. The Committee notes that the Government provides no information on the cases of sexual harassment reported by labour inspectors or brought to their attention, and that it merely indicates in its report that no information is available in this regard from the courts. It adds that, during inspection visits in enterprises, labour inspectors can raise awareness among workers and employers with regard to the prevention of sexual harassment and that employers are encouraged to prohibit and penalize the practice of sexual harassment. The Committee once again requests the Government to provide information on the number and outcome of cases of sexual harassment dealt with by labour inspectors and court decisions issued in this regard. The Committee requests the Government to provide detailed information on the measures taken or envisaged, particularly within the framework of awareness-raising and training activities, to prevent and eliminate sexual harassment in the work place, specifying how employers are encouraged to explicitly prohibit and penalize this serious form of discrimination on the basis of sex. The Government is also requested to provide any extracts from inspection reports or relevant studies on this subject.

Article 1(1)(b). Real or perceived HIV status. The Committee notes the adoption of the national strategic plan on sexually transmitted diseases and AIDS (PSN) for 2013–17, one of the objectives of which is to ensure that at least 50 per cent of adults adopt non-stigmatizing and non-discriminatory attitudes towards persons living with HIV by 2017. It also notes that the PSN provides for support for 117 private sector enterprises and 11 ministries for the development and implementation of annual action plans to combat AIDS and that, according to the Government, in 2015, 15 ministries and 74 enterprises have already benefited from such activities. The Government adds that these enterprises carried out awareness-raising activities relating to HIV in order to combat discrimination and stigmatization and that workers who had participated in those activities were tested and had helped to provide support for people with HIV/AIDS. The Committee recalls, in this regard, the importance of ensuring that HIV tests are voluntary so as not to be used as a condition for accessing or retaining employment. In addition, the Committee notes that the national committee to combat AIDS (CNLS) also carried out awareness-raising activities among workers and employers in eight regions. While noting the general HIV awareness-raising activities, the Committee requests the Government to provide detailed information on the measures taken in the framework of the PSN for 2013–17 or any strategy adopted subsequently, including on the content of the annual action plans implemented in private enterprises and ministries, describing whether they include measures to combat specifically discrimination on grounds of real or perceived HIV status and stigmatization in employment and occupation, particularly during recruitment. The Government is requested to send relevant extracts of the action plans to combat AIDS in employment and occupation.

Articles 1 and 2. Equality of opportunity and treatment for men and women. The Committee notes the Government’s indications that various measures are in place at the national level to facilitate women’s access, particularly in rural areas, to employment, credit and land in the framework of the National Development Plan (PND) for 2015–19 and the policy note for land 2015–30. The Government also indicates that various actions have been carried out to promote gender and women’s independence, particularly for those in vulnerable situations. The Committee notes the adoption of the strategy concerning gender and the electoral process for 2015–20 aiming at increasing women’s participation in the electoral process, as both candidates and voters, and thereby strengthening their decision-making power. The Committee notes, however, that in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern at the persistence of discriminatory stereotypes concerning the roles and responsibilities of women and men in society and in the family, such as the concept of “the head of the household”, which assigns this role to men; of harmful practices such as child or forced marriage, the sale of wives, girl markets, and early pregnancy resulting in a high drop-out rate among girls. CEDAW also noted with concern the discriminatory practices of employers against pregnant women, the high rate of unemployment among women and the strong segregation in the labour market, while reiterating its concern about the high proportion of women in the informal sector (CEDAW/C/MDG/CO/6-7, 24 November 2015, paragraphs 18, 28 and 30). In this regard, the Committee notes that, according to the statistics provided by the Government in 2015, women represented only 31.4 per cent of senior positions and 37.9 per cent of skilled wage earners but represented 64.9 per cent of family helpers. The Committee requests the Government to provide information on the specific measures taken, particularly in rural areas, to promote girls’ education and combat gender stereotypes and occupational segregation between men and women in order to promote women’s participation in the labour market by enabling them to access a wider range of vocational training and employment, in the public and private sectors, including occupations performed predominantly by men and at senior and management levels. The Government is requested to provide information on the impact of these measures, and on the information and awareness-raising activities carried out for workers, employers and their organizations, labour inspectors, judges and society in general, particularly traditional leaders, in order to combat gender stereotypes and occupational segregation. The Committee requests the Government to continue its efforts to gather, analyse and communicate statistics on the situation of men and women in the different branches of activity, both in the public and private sectors, specifying the proportion of men and women in management posts.

Article 2. Night work. Export processing zones (EPZs). The Committee previously noted that section 5 of Act No. 2007-037 on EPZs sets forth that the provisions of the Labour Code prohibiting night work by women are not applicable in EPZs. It also noted the allegations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA) which underlined the precarious nature of the conditions of work of workers in EPZs, particularly the lack of employment contracts, holiday entitlements, social protection or collective agreements, and failures to pay the minimum wage. The Committee notes the Government’s indication that labour inspectors, by conducting checks of the establishments in the EPZs and settling any disputes, ensure enforcement of the legal or statutory provisions regarding conditions of work and protection for workers, and provide technical advice to the social partners on their respective rights and obligations. The Committee requests the Government to provide specific information on the number and outcome of checks conducted by labour inspectors in the EPZs, specifying the nature of the offences reported especially with regard to non-discrimination and conditions of work, including night work. The Committee also requests the Government to provide information on awareness-raising and training activities carried out in EPZs, particularly by the labour inspectorate, for workers and employers and their organizations on their rights and obligations, and the procedures relating to protection against discrimination in employment and occupation on all the grounds listed in the Convention.

Article 5. Special measures of protection. The Committee previously noted that section 93 of the Labour Code stipulated that decrees adopted further to the opinion of the National Labour Council (CNT) determine the nature of work that is prohibited for women and pregnant women, and requested the Government to amend this provision so that restrictions on employment aimed at protecting women are strictly limited to maternity protection. The Committee notes the Government’s indication that, following its meeting in March 2016, the National Labour Inspectors Conference (SAIT) raised the issue of amending section 93 of the Labour Code and to this end the draft will be transferred shortly to the CNT in order to gather the opinions of the social partners in this regard. The Committee requests the Government to provide information on progress made regarding the revision of the Labour Code, particularly section 93, so that restrictions on employment aimed at protecting women are strictly limited to maternity protection and are proportional to the type and extent of the protection sought, are not based on gender stereotypes, and do not have the effect of limiting women’s access to employment in practice. The Government is also requested to provide, where relevant, copies of any decrees adopted in accordance with section 93 of the Labour Code.

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

Article 1 of the Convention. Protection against discrimination. For several years, the Committee has been emphasizing that neither the Labour Code nor the Civil Service Regulations prohibit discrimination on all the grounds covered by the Convention and has been asking the Government to take the necessary measures to bring the legislation into conformity with the Convention. The Committee noted that the Labour Code does not prohibit discrimination on the basis of colour and social origin (section 261), and that the Civil Service Statute does not prohibit discrimination on grounds of race, colour and social origin (section 5). The Committee notes the Government’s indication in its report that, in March 2016, the National Labour Inspectors Conference (SAIT) raised the issue of amending the Labour Code provisions concerning prohibited grounds for discrimination and that a draft to introduce colour and social origin into the list of these grounds and expressly prohibit all discrimination, including indirect discrimination, will be transferred shortly to the National Labour Council (CNT) in order to gather the opinions of the social partners in this regard. With regard to the public service, the Committee notes the Government’s indication that, while it considers that the term “colour” is not appropriate to the reality of Malagasy society, it is currently studying the possibility of including this motive in the list of grounds of prohibited discrimination. The Government adds that it also plans to introduce the provisions defining and prohibiting all discrimination, including indirect discrimination, and that all these issues will be raised during the forthcoming revision of the Civil Service Regulations. The Committee requests the Government to provide information on progress made regarding the revision of the Labour Code and the Civil Service Regulations to harmonize and supplement national legislative provisions in order to prohibit, in both the public and the private sectors, any discrimination on all of the grounds listed in the Convention, including race, colour and social origin, and to include a definition of discrimination which explicitly covers indirect discrimination. The Committee requests the Government to indicate any measures taken or envisaged in this respect, in cooperation with workers’ and employers’ organizations. The Committee also requests the Government to provide information on the interpretation and application in practice of section 261 of the Labour Code and section 5 of the Civil Service Regulations, and to provide copies of any administrative or judicial decisions issued in accordance with these provisions.

Discriminatory job vacancy announcements. In its previous comments, the Committee noted the allegations of the General Confederation of Workers’ Unions of Madagascar (FISEMA) concerning the fact that vacancies for jobs as guards, domestic employees or workers in export processing zones advertised on the radio or through notices in the street, impose affiliation to a certain religion as a condition for recruitment or specify that the job is solely for men or women. The Committee notes the Government’s statement that some advertisements for vacancies on radio or through notices in public places, are discriminatory in nature with regard to religion or sex. Given that the advertisement of job vacancies on the radio or on public notices has become common practice, the Government indicates that it envisages adopting legislation to regulate this practice in line with the provisions of the Convention. The Committee trusts that the Government will adopt, in cooperation with the workers’ and employers’ organizations, measures aimed at enforcing national legislation and prohibiting in practice all forms of direct and indirect discrimination on all the grounds listed in the Convention, including religion and sex, in job vacancies advertised on the radio or on public notices. It requests the Government to provide information on any progress made in this regard.

Domestic workers. In its previous comments, the Committee noted that the Christian Confederation of Malagasy Trade Unions (SEKRIMA) highlighted the precarious nature of the conditions of employment of domestic workers, some being employed without an employment contract. The Committee notes the Government’s indication that domestic workers enjoy the same rights as other workers, as labour legislation is applicable to them and they can lodge complaints with the labour inspectorate in cases of violations of their rights. The Committee notes, however, that, in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern about the precarious situation of women and girls in domestic work in private households and recommended that the Government strengthen the capacity of labour inspectors to monitor workplaces, including in private households (CEDAW/C/MDG/CO/6-7, 24 November 2015, paragraphs 30–31). The Committee trusts that the Government will take the necessary measures to ensure that domestic workers enjoy, in practice, the protection set out in the provisions of the Labour Code, particularly those relating to non-discrimination and employment conditions. It requests the Government to provide detailed information on the number and outcomes of checks conducted by labour inspectors to ensure the effective application of the provisions of the Labour Code for domestic workers, by sending extracts from inspection reports or relevant studies.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(1)(a) of the Convention. Sexual harassment. The Committee notes the Government’s indication that, where a case of sexual harassment is dealt with by labour inspectors, the victim is generally directed towards the competent court. The Committee requests the Government to provide information on the action taken as a result of the cases of sexual harassment reported by labour inspectors or brought to their attention during the reference period, specifying the penalties imposed by the courts and the remedies provided to victims. It also requests the Government to take measures for the prevention of sexual harassment, particularly by organizing awareness campaigns for workers and employers and their organizations and for the general public, and encouraging employers to prohibit and explicitly penalize this discriminatory practice in the workplace.

Article 1(1)(b). Other grounds of discrimination. Real or perceived HIV status. The Committee requests the Government to indicate the measures taken to combat stigmatization and discrimination based on real or perceived HIV status in employment and occupation, particularly at the time of recruitment, and to supply information on the activities of the National Committee against HIV/AIDS in the workplace.

Articles 2 and 3. National equality policy. The Committee again requests the Government to provide information on the measures adopted or envisaged, particularly in the context of the national employment policy and the national programme to support employment, to promote equality of opportunity and treatment in employment and training in particular, without any distinction as to race, colour, sex, religion, political opinion, national extraction or social origin, in order to address inequalities in vocational training, employment and occupation, with an indication of the results achieved.

Equality of opportunity and treatment for men and women. The Committee notes that, according to the Government, gender equality is not an issue since access to employment is based on the competence and capacity of the person concerned. However, the Committee recalls that the fact that women are over-represented in the informal economy and atypical jobs, including part-time work, the fact that they face more obstacles than men in gaining access to education, training and employment, particularly executive posts, and the fact that they continue to assume a disproportionate share of family responsibilities, all obstruct progress towards genuine equality of opportunity and treatment for men and women in employment and occupation in practice. The Committee requests the Government to provide information on the measures taken to promote equality between men and women, facilitate women’s access to managerial posts, combat stereotypical attitudes concerning the occupational aspirations and capacities of women and enable women to have access to productive resources, particularly land and credit, on an equal footing with men. The Government is also requested to provide information on the activities of the gender focal points in the ministries in the area of employment and occupation.

Article 5. Special measures of protection. The Committee recalls that section 93 of the Labour Code stipulates that decrees adopted further to the opinion of the National Labour Council determine the nature of work that is prohibited for women and specifically pregnant women. The Committee notes the Government’s indication that the National Labour Council is not operating normally due to of the social and political context of the country. The Committee recalls that, as regards employment for women, protection measures based on stereotypes concerning their occupational skills and role in society are contrary to the principle of equality of opportunity and treatment for men and women in employment and occupation. The Committee requests the Government to take the necessary steps to amend section 93 of the Labour Code so that restrictions on employment aimed at protecting women are strictly limited to maternity protection and proportional to the nature and extent of the protection sought, are not based on gender stereotypes, and do not have the effect of limiting women’s access to employment in practice. The Government is also requested to provide information on any implementing regulations adopted in this regard.

Statistics. The Government is requested to provide statistics on the situation of men and women in the different sectors of activity, stating the proportion of men and women in management posts, once such statistics are available.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the observations of 22 August 2013 made by the General Confederation of Workers’ Unions of Madagascar (FISEMA) and the observations of 30 August 2013 made by the Christian Confederation of Malagasy Trade Unions (SEKRIMA). The Committee invites the Government to provide its comments on the points raised by FISEMA and SEKRIMA.

Article 1 of the Convention. Provisions prohibiting discrimination. For several years, the Committee has been emphasizing that neither the Labour Code nor the Civil Service Regulations prohibit discrimination on all the grounds covered by the Convention (namely, colour and social origin for the Labour Code and race, colour and social origin for the Civil Service Regulations) and it has been asking the Government to take the necessary measures to bring the legislation into conformity with the Convention. The Committee notes the Government’s statement that the term “colour” is not appropriate for the reality of Malagasy society and that, as regards discrimination on the basis of social origin, the issue does not arise since access to employment and vocational training is based on the criteria of competence and capacity. The Committee considers that, to be in a position to achieve the objectives of the Convention, it is essential to recognize that no society is free from discrimination and that constant effort is needed to take action against it. Discrimination in employment and occupation is a universal phenomenon and continues to grow. The Committee recalls that the current absence of any complaint of discrimination on the basis of colour or social origin does not necessarily mean that such practices do not exist in the country but may be due to the absence of an appropriate legislative or regulatory framework. It may also be the result of the fact that government officials, workers, employers or their organizations are not aware of this issue, that the complaints mechanism is not accessible or is unsuitable, or even that it does not provide effective protection against reprisals. The Committee requests the Government to take the necessary measures to add the grounds of colour and social origin to the list of prohibited grounds of discrimination in the Labour Code and to add race, colour and social origin to those prohibited by the Civil Service Regulations, in accordance with Article 1(1)(a) of the Convention. In addition, with a view to supplementing and increasing the effectiveness of the legislative measures protecting workers against discrimination, the Committee requests the Government to consider the possibility of including provisions defining and explicitly prohibiting all discrimination, including indirect discrimination, in the Labour Code and the Civil Service Regulations. It requests the Government to provide information on the progress made in this respect.

Discriminatory job vacancy announcements. The Committee notes that according to FISEMA vacancy announcements for jobs as guards, domestic employees or workers in export processing zones advertised on the radio or through notices in the street, impose affiliation to a certain religion as a condition for recruitment or specify that the job is solely for men or women. The Committee requests the Government to provide information on the existence of such practices and on the remedial action taken in reported cases.

Export processing zones (EPZs). The Committee recalls that in 2008 the Confederation of Malagasy Workers (CTM) drew attention to section 5 of Act No. 2007-037 on EPZs, according to which the provisions of the Labour Code prohibiting night work by women are not applicable in EPZs. In its previous comments the Committee, recalling that special protective measures for women should be limited to maternity protection and should be proportional to the nature and scope of the protection required, asked the Government to examine what other measures would be necessary so as to ensure that men and women have access to employment on an equal footing in EPZs. Also referring to its direct request of 2011 on the application of the Night Work Convention, 1990 (No. 171), the Committee notes the Government’s indication that it is for the employer to make transport facilities available to staff working at night. The Committee also notes that SEKRIMA underlines the precarious nature of the conditions of work of workers in EPZs, particularly the lack of an employment contract, holiday entitlement, social protection or a collective agreement, and failure to pay the minimum wage. The Committee requests the Government to provide information on the measures taken to prevent exploitation and abuse in EPZs and ensure protection against discrimination of workers in EPZs. It also requests the Government to supply information on inspections conducted by labour inspectors with regard to workers’ conditions of employment in EPZs, including night work, and on the results of these inspections.

Domestic workers. The Committee notes that SEKRIMA highlights the precarious nature of the conditions of employment of domestic workers and indicates that some domestic workers are employed without an employment contract. Recalling that domestic workers are at particular risk of discrimination, including sexual harassment, the Committee requests the Government to provide information on the measures taken to ensure the protection of domestic workers against abuse and exploitation. The Government is also requested to provide information on how the enforcement of the provisions of the Labour Code, particularly those relating to non-discrimination and to conditions of employment, is ensured with regard to domestic workers and on the results of inspections carried out, including extracts from relevant inspection reports.

The Committee is raising other points in a request addressed directly to the Government.

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

Article 1(1)(a), of the Convention. Sexual harassment. The Committee notes the Government’s indications that in 2009 five cases of sexual harassment were “noted” by the labour service in the region of Analamanga. The Government adds that the dissemination of the provisions of the Labour Code on sexual harassment is carried out by labour inspectors during inspections of enterprises and in the context of discussions with staff at the workplace. While noting this information, the Committee requests the Government to provide information on the action taken as a result of the cases of harassment reported by the labour inspection services and the complaints lodged with these services or with the courts, including the penalties imposed, and to continue providing information on any action taken for the prevention of sexual harassment.

Article 1(1)(b). Other grounds of discrimination. HIV and AIDS. The Committee notes the Government’s information on the efforts made to combat HIV and AIDS according to which, with a view to overcoming obstacles, and particularly certain traditional practices, a new plan of action has been adopted for 2007–12. The Committee requests the Government to indicate the measures adopted or envisaged, including in the context of the Plan of Action (2007–12) with the specific aim of combating discrimination based on real or supposed HIV and AIDS status and stigmatization in employment and occupation, particularly at the time of recruitment.

Articles 2 and 3. National equality policy. The Committee notes the Government’s indication that Act No. 004-2005 of 10 May 2005 issuing the national employment policy prohibits discrimination of any type whether it is based on sex, appearance, religion, opinion, origin, parentage, wealth, political conviction or trade union affiliation. The Committee wishes to remind the Government that while the adoption of laws or regulations prohibiting discrimination or envisaging equality are important, the obligation to declare and pursue a national policy under the Convention requires a range of measures to promote equality of opportunity and treatment in relation, among other matters, to access to employment and training, without distinction on grounds of race, colour, sex, religion, political opinion, national extraction or social origin. The Committee therefore requests the Government to provide information on the measures adopted or envisaged, for example in the context of the national employment policy or the national programme to support employment, intended to give effect to the Convention, with a view to addressing inequalities in vocational training, employment and occupation, with an indication of the results achieved.

Equality of opportunity and treatment for men and women. The Committee notes that, according to the national Millennium Development Goals (MDG) progress report for 2007 (pages 46–48), women are confronted with great poverty, the persistence of archaic traditions and social stereotypes and difficulties in accessing skilled jobs and productive resources, such as land and credit. It also notes the Government’s indication in its report that the “Employment–income” programme has been suspended since 2009, but that it does not provide any indication on the other measures taken to promote equality of opportunity and treatment for men and women in employment and occupation. The Committee however observes that, according to the national report submitted by Madagascar to the UN Human Rights Council in the context of the Universal Periodic Review, several initiatives, including in the fields of vocational training, assistance for enterprise creation, the granting of property rights and micro-credit, have been adopted for women and that a gender focal point has been appointed in each ministry (A/HRC/WG.6/7/MDG/1, 3 November 2009, paragraphs 146–157). The Committee requests the Government to provide information on the measures adopted for the purposes of ensuring equality between men and women in employment and occupation, including in self-employed activities, for example in the context of the national employment policy and the National Action Plan on Gender and Development (PANAGED), and to combat effectively discriminatory practices in relation to access to credit and property. Please also provide information on the activities of the gender focal points in the ministries in relation to employment and occupation.

Access to vocational training. The Committee notes the Government’s indication that information on vocational training is not yet available. It also observes that the promotion of vocational training activities to strengthen skills, thereby improving access to employment for women, is one of the recommendations contained in the national MDG Progress Report for 2007 (page 45) and that, according to the national framework employment policy paper, “the presence of girls in vocational training remains low (one girl for three boys)”. The Committee once again requests the Government to provide information on the measures adopted or envisaged to promote the access of women to technical and vocational schools, particularly in branches and sectors traditionally dominated by men, and on their impact, as soon as such information is available.

Article 5. Special measures of protection. The Committee notes the Government’s indications that the text implementing section 93 of the Labour Code prohibiting certain types of work by women and pregnant women is still being drafted. Recalling that, in order to be compatible with the principle of equality of opportunity and treatment, protection measures for women should be limited to the protection of maternity, in the strict sense of the term, the Committee requests the Government to provide information on the progress achieved in the drafting and adoption of the text implementing the Labour Code in respect of the types of work prohibited for women and pregnant women. Please provide a copy when it has been adopted.

Statistics. In view of the importance of having available adequate statistical data to develop policies and measures to promote equality between men and women in employment and occupation, the Committee encourages the Government to gather statistics on the situation of women workers, including the proportion of men and women at the various levels of responsibility, including executive posts, in the different sectors, and it hopes that the Government will be in a position to include such statistics in its next report.

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

Article 1 of the Convention. Provisions prohibiting discrimination. For several years, the Committee has been emphasizing that neither the Labour Code nor the Civil Service Statute prohibit discrimination on all the grounds covered by the Convention and it has requested the Government to take the necessary measures to bring the legislation into conformity with the Convention. The Committee noted previously that the Labour Code penalizes any discriminatory treatment on the basis of race, religion, origin, sex, trade union affiliation and political opinion or membership of workers (section 261) and that the Civil Service Statute provides that there shall be no discrimination on grounds of sex, religion, opinion, origin, parentage, wealth, political conviction or trade union affiliation (section 5). It also noted that, according to the Government, the term “origin” used in the above legislation refers to the concept of national extraction within the meaning of the Convention. The Committee notes once again the Government’s indication that the texts concerned are under examination and that measures will be taken to harmonize the Labour Code and the Civil Service Statute with the provisions of the Convention. The Committee trusts that the Government will take the necessary measures in the near future to add the ground of colour to the list of prohibited grounds of discrimination in the Labour Code and “race” and “colour” to those prohibited by the Civil Service Statute, in accordance with Article 1(1)(a) of the Convention. It also requests the Government to indicate the manner in which discrimination on the basis of social origin is addressed. Furthermore, with a view to completing the legislative measures protecting workers against discrimination, the Committee strongly encourages the Government to envisage the inclusion in the Labour Code and the Civil Service Statute of provisions defining and explicitly prohibiting all discrimination, including indirect discrimination. It requests the Government to provide information on the measures adopted to amend the legislation in this respect.

Night work. In its previous observation, the Committee noted the communication from the Confederation of Malagasy Workers (CTM), dated 28 May 2008, in which the Confederation alleges the violation of Articles 1 and 2 of the Convention, in view of the fact that section 5 of Act No. 2007-037 on export processing zones (EPZs) expressly provides that the provisions of the Labour Code prohibiting night work by women are not applicable in EPZs. The Committee notes that special protective measures for women should be limited to safeguarding maternity and should be proportional to the nature and scope of the protection required. The Committee notes that Madagascar has ratified the Night Work Convention, 1990 (No. 171), calling for protection of both men and women working at night. The Committee notes the large number of women working in EPZs. The Committee asks the Government to examine what other measures would be necessary so as to ensure that women and men can access employment on an equal footing, such as improved health protection of both men and women, adequate transportation and security, as well as social services and other measures to assist the reconciliation of work and family responsibilities, and to provide information in this regard. The Committee also asks the Government to provide information on the measures taken to prevent exploitative working conditions and abuses in EPZs and ensure protection against discrimination of workers in EPZs.

The Committee is raising other points in a request addressed directly to the Government.

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

Article 1 of the Convention. Non-discrimination provisions. The Committee recalls its previous comments pointing out that the Labour Code and the Civil Service Statute contain different lists of prohibited grounds of discrimination and that both lack reference to the ground of colour. The Committee also noted that these provisions could be strengthened by defining what constitutes discrimination and by explicitly prohibiting indirect discrimination. The Committee requested the Government to consider harmonizing and supplementing these laws accordingly. The Committee notes that the Government reiterates its previous declaration that these comments have been taken into account and that the provisions of the Labour Code and the Civil Service Statute will be aligned with the Convention. The Committee also notes that no judicial or administrative decisions applying the non-discrimination clauses of these laws are currently available. The Committee encourages the Government to take the necessary steps to harmonize the Labour Code and the Civil Service Statute with the Convention and requests it to provide information on the measures taken in this regard. The Committee also hopes that the Government will be in a position to provide with its next report information on any judicial or administrative decisions relating to the application of the non-discrimination provisions of the abovementioned legislation.

Sexual harassment. The Committee notes the Government’s indication that the sensitization campaigns on sexual harassment are producing some effects and victims are starting to voice their complaints. The Committee requests the Government to provide information on any cases of sexual harassment brought before national courts as well as on any violations detected in this respect by the labour inspection services, the sanctions imposed and the remedies provided. The Committee also reiterates its request for information on the measures taken to prevent and combat sexual harassment at the workplace. Please continue to provide information on sensitization and awareness-raising campaigns carried out on this issue.

Articles 2 and 3. Obligation to declare and pursue a national policy to promote equality of opportunity and treatment in employment and occupation. In the absence of the information previously solicited, the Committee again requests the Government to provide information on the measures taken under the National Employment Policy and the National Action Plan on Gender Equality and Development with a view to promoting gender equality in employment and occupation. The Committee also requests the Government to provide information on the measures taken to promote equality of opportunity and treatment in respect of the other grounds covered by the Convention, particularly race, colour, national extraction and social origin.

Gender equality. The Committee notes the Government’s indication that the programme “Promotion Income”, realized under the auspices of the UNDP, targets women and young people in the informal sector. The Committee also notes the statistical information provided by the Government on the number of women and men jobseekers in 2007 disaggregated by education level. The Committee further notes from the 2008 concluding observations of the United Nations Committee on the Elimination of Discrimination against Women that discriminatory practices concerning land ownership and inheritance limit women’s access to credit and loan facilities (CEDAW/C/MDG/CO/5, 7 November 2008, paragraph 32). The Committee requests the Government to supply full information on the measures taken, and the impact thereby, under the programme ‘Promotion Income’ to promote women’s employment, as well as on any other measures taken or envisaged to foster women’s access to a wider range of occupations and career advancement, including information on any measures taken in this respect by the Malagasy Office for Employment Promotion (OMPE). The Committee also requests the Government to provide statistical data on the distribution of men and women in the different economic sectors, occupational categories and positions, in both the public and the private sectors. Please also provide information on any measures taken to facilitate women’s access to credit and loan facilities with a view to fostering their engagement in economic activities.

Vocational training. The Committee requests the Government to provide information on the measures taken or envisaged to promote women’s enrolment in technical and vocational schools, particularly in branches traditionally dominated by men, and their impact, including information on men and women’s rates of enrolment.

Article 5. Special measures of protection. With regard to the implementation of section 93 of the Labour Code prohibiting certain types of work from being carried out by women and pregnant women, the Committee notes the Government’s indication that specific regulations on the matter are being drafted. The Committee requests the Government to provide information on the progress of the elaboration and adoption of these regulations and invites it to provide a copy of them once adopted.

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

In its previous observation, the Committee welcomed the adoption of Act No. 2005-040 of 20 February 2006, protecting the rights of persons living with HIV/AIDS, and it noted with interest that Chapter IV of the Act expressly protects their rights in the workplace. In particular, it noted that section 44 prohibits all forms of discrimination or stigmatization at the workplace based on proved or presumed serological status. The Committee also noted that a national strategy would be formulated to guide action for the fight against HIV/AIDS. The Committee solicited information on the implementation of the Act, including information on any judicial decisions applying its provisions, as well as information on the abovementioned national strategy.

The Committee notes the Government’s indication of the priorities and the strategies of the fight against HIV/AIDS and its statement that no relevant judicial decisions are available at the moment. The Committee again requests the Government to provide information on the implementation and enforcement of the provisions of Act No. 2005-040 relating to equality of opportunity and treatment in employment and occupation of men and women living with HIV/AIDS, including information concerning the national strategy referred to in section 3 of the Act, as well as information on any relevant court decisions.

The Committee notes the communication submitted by the Confederation of Malagasy Workers (CTM) dated 28 May 2008. In its communication, the Confederation alleges the violation of, among other things, Articles 1 and 2 of the Convention following the adoption in December 2007 of Law No. 2007-037 on export processing zones (EPZs) and Law No. 2007-036 on investments in Madagascar, on the basis that section 5 of the Law on EPZs expressly provides for the non-application of the provisions of the Labour Code prohibiting women’s night work, notably section 85 to the EPZs. The Committee notes that this communication was submitted to the Government for comments. The Committee requests the Government to provide with its next report its observations on this point and refers to its comments under the Night Work (Women) Convention (Revised), 1934 (No. 41).

The Committee is addressing other points in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

1. Article 1 of the Convention. Non-discrimination provisions. In its previous comments, the Committee welcomed the inclusion of non-discrimination provisions in the Labour Code and the Civil Service Statute, but noted that the two laws contained different lists of prohibited grounds of discrimination and that they did not include all the grounds listed in Article 1, paragraph 1(a) of the Convention. The Committee also noted that the provisions could be strengthened by defining what constitutes discrimination and by explicitly prohibiting indirect discrimination. In this regard, the Committee notes the Government’s statement that the term “origin” referred to in section 261 of the Labour Code and section 5 of the Civil Service Statute was meant to cover the notion of national extraction to which the Convention refers. Recalling that neither of the two laws prohibits discrimination based on colour, the Committee emphasizes that, where legislative provisions applying the Convention are adopted, these provisions should address discrimination based on all the grounds listed in the Convention (General Survey 1988, paragraph 58). The Committee requests the Government to consider harmonizing and supplementing the non-discrimination provisions of the Labour Code and the Civil Service Statute to cover all grounds of discrimination required by the Convention, including colour, and to consider introducing a definition of discrimination that would explicitly cover indirect discrimination. Noting the Government’s statement that the Committee’s comments would be taken into consideration, the Committee requests the Government to indicate any measures taken in this regard in its future reports. The Government is also asked to provide information concerning any relevant judicial or administrative decisions applying the non-discrimination provisions of the Labour Code and the Civil Service Statute.

2. Sexual harassment. The Committee notes that awareness-raising sessions for workers and employers on the provisions prohibiting sexual harassment contained in section 5 of the Labour Code were held in different regions and that a number of non-governmental organizations are active in assisting victims of sexual harassment, including providing legal assistance. The Committee also notes Judgement No. 6493-FD of 14 December 2005, which is attached to the report, by which the Court of Appeals of Antananarivo convicted the commercial director of a company of sexual harassment. The Committee requests the Government to continue to provide information on the practical measures taken to prevent and combat sexual harassment at work and to provide relevant judicial decisions.

3. Articles 2 and 3. Obligation to declare and pursue a national policy to promote equality of opportunity and treatment in employment and occupation. The Committee notes the Government’s statement that a separate national policy to promote equality in employment and occupation has not been adopted. However, the Government integrated a gender perspective into the National Employment Policy adopted in 2005 and is implementing a National Action Plan on Gender and Development. The Committee requests the Government to provide information on the measures taken under the National Employment Policy and the National Action Plan on Gender and Development with a view to promoting gender equality in employment and occupation. The Committee also requests the Government to provide information on the measures taken to promote equality of opportunity and treatment of other groups protected by the Convention, such as ethnic or religious minorities.

4. Gender equality. The Committee notes that the Government established and provided statistical data for 2005 indicating the number of men and women in the different job categories in the public service. This data indicates that women outnumber men in “intermediary professions” and administrative posts, but they are under-represented in the categories of “executives and managers” (11,400 men compared to 3,863 women) and “intellectual and scientific occupations” (7,768 men compared to 4,021 women). Overall, some 40 per cent of public servants are women. Recalling its previous comments concerning the importance of positive measures to ensure that women and men have access to public service jobs at all levels of responsibility on an equal footing, including through awareness raising and promotional activities, the Committee notes from the Government’s report that no specific measures has yet been taken to this end. The Committee requests the Government to continue to collect and analyse such statistical information in order to monitor the progress in ensuring equal access of men and women to the public service, and to provide this information in its future reports under the Convention. The Government is also requested to provide information on any positive measures taken to redress the under-representation of women in the abovementioned job categories. Further, the Committee requests the Government to provide statistical information concerning the composition of the private sector labour force, disaggregated by sex.

5. Vocational training. The Committee notes that the Government and the United Nations Development Programme (UNDP) signed a cooperation agreement on 1 April 2005 under which an employment creation programme is being implemented. This programme has the objective of creating formal employment opportunities for unemployed young persons and women working in the informal economy and that the provision of vocational training is an important component of this programme. The Committee requests the Government to continue to provide information on the implementation of the employment creation programme implemented in cooperation with UNDP, as well as information on the progress made in increasing female enrolment in technical and vocational schools, particularly in training branches which were traditionally dominated by men.

6. Article 5. Special measures of protection. The Committee notes that the Government has failed to indicate whether any decrees have been issued under section 93 of the Labour Code prohibiting certain types of work to be carried out by women and pregnant women. The Committee urges the Government to provide this information, including a copy of any decrees issued under section 93 of the Labour Code, in its next report.

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

Articles 1(1)(b) and 2 of the Convention. Equality of opportunity and treatment of workers living with HIV/AIDS. The Committee welcomes the adoption of Act No. 2005-040 of 20 February 2006 concerning the fight against HIV/AIDS and the protection of the rights of persons living with HIV/AIDS. It notes with interest that Chapter IV of the Act protects the rights of persons living with HIV/AIDS in the workplace. Chapter IV prohibits all forms of discrimination or stigmatization at the workplace based on proven or presumed serological status (section 44). Section 46 provides that the serological status of a worker, her or his partner or close family members shall not constitute a direct or indirect cause for non-recruitment or termination of employment. In addition, section 50 states that all workers with HIV/AIDS must be able to continue to work and to enjoy normal possibilities for advancement. The Act also prohibits mandatory HIV testing in the context of work and establishes confidentially requirements in case the employer has knowledge of the serological status of an employee or his or her family members (sections 47 and 49). The Committee also notes that a national strategy will be formulated and implemented to guide action for the fight against HIV/AIDS (section 3). The Committee requests the Government to provide information in its future reports on the implementation and enforcement of the provisions of Act No. 2005-040 relating to equality of opportunity and treatment in employment and occupation of men and women living with HIV/AIDS, including information concerning the national strategy referred to in section 3 of the Act, and relevant court decisions.

The Committee is raising other points in a request addressed directly to the Government.

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

1. Article 1 of the Convention. Legislative developments. The Committee notes the revised Labour Code (Act No. 2003-044) of 28 July 2003, which in section 52 provides that with regard to wage fixing no distinction may be made on the basis of the workers’ origin, colour, national extraction, sex, age, trade union affiliation, opinion and status. The Committee also notes that section 261 provides that any discriminatory treatment based on race, religion, origin, sex, trade union affiliation as well as political opinion or membership in relation to access to employment and vocational training, conditions of employment and promotion, conditions of remuneration and dismissal, shall be punished with a fine or imprisonment. While welcoming that the revised Labour Code prohibits discrimination on a number of grounds in all areas of employment, the Committee nevertheless notes that section 261 does not explicitly prohibit the principle of non-discrimination on the basis of colour and national extraction and that it does not define what constitutes discriminatory treatment. Further, the Committee notes the new Civil Service Statute (Act No. 2003-011) of 3 September 2003, which pursuant to section 5 prohibits discrimination in relation to its application on grounds of sex, religion, opinion, origin, parentage, wealth, political conviction or trade union affiliation, without setting forth the principle of non-discrimination on the basis of race, colour and national extraction. In view of the above, the Committee notes that the national legislation on discrimination is inconsistent and that there is no provision explicitly prohibiting direct and indirect discrimination in employment and occupation with respect to all the Convention’s grounds. Recalling that, where provisions are adopted to give effect to the principle laid down in the Convention, they should include all the grounds of discrimination specified in Article 1(1)(a) of the Convention, the Committee asks the Government: (a) to clarify whether the term "origin" referred to in section 261 of the Labour Code and in section 5 of the Civil Service Statute is intended to cover national extraction; (b) to consider harmonizing and supplementing the abovementioned provisions in order to ensure the prohibition of discrimination on all grounds set out in the Convention; and (c) to consider further strengthening the legal protection of discrimination by introducing a general prohibition of direct and indirect discrimination in accordance with the Convention.

2. Sexual harassment. Further to its 2002 general observation on the issue, the Committee notes with interest that the definition of sexual harassment in section 5 of the revised Labour Code includes both quid pro quo and hostile working environment harassment and protects employees against victimization for having witnessed sexual harassment. The Committee asks the Government to provide information on the application of section 5 in practice, including any court decisions and their outcome as well as on any practical measures taken or envisaged, including awareness-raising activities, to eliminate and prevent sexual harassment in the workplace.

3. Access to the public service. With respect to its previous comments on equal treatment in access to employment in the public service, the Committee notes the Government’s statement that access to different jobs in the public service is regulated by the new Civil Service Statute. It also notes that the texts governing admission to competitions in schools and centres for the training of future public servants are currently under examination in order to be in conformity with the new Civil Service Statute. However, the Committee notes from the Government’s report that no positive measures have been taken to promote equal access for women at all levels of responsibility in the public service and that no statistical data on the number of civil servants, disaggregated by sex, are available as the list of civil servants is currently being reviewed. Recalling the importance of active measures, including awareness-raising and other promotional activities, in order to promote the access of women in the public service at all levels of responsibility, the Committee hopes that the Government’s next report will contain information on such measures as well as data on the number of public servants, disaggregated by sex, in the various categories and posts of the public service, and information showing how these figures have evolved over the years.

4. Vocational training. With reference to its previous comments on the low attendance rate of girls and women in technical and vocational schools, the Committee notes the Government’s statement that it will keep it informed about any action taken by the Ministry of technical education and vocational training in this regard. The Committee hopes that the Government’s next report will contain information on the progress made to increase female enrolment in technical and vocational schools, particularly in training branches not deemed to be traditionally feminine, and on any other action taken by the Ministry, including with regard to the vocational training project to train specialized educators in the field of information, education and communication (IEC) and to inform and raise awareness among girls about various jobs, for which ILO assistance had been sought.

5. Obligation to declare and pursue a national policy to promote equality of opportunity and treatment in respect of employment and occupation. The Committee notes the Government’s statement that to date there is no specific policy on equal opportunities in the public and private sectors. In this respect, the Committee recalls the importance of every country formulating, updating and implementing a national policy to promote equality of opportunity and treatment in employment and occupation in law and practice on all the grounds listed in the Convention. Such a policy is not only one of the primary requirements of the Convention, it is a fundamental principle for the establishment of decent work for men and women. The Committee therefore asks the Government to take active steps to declare and pursue a national policy on equality with a view to eliminating discrimination on all the grounds listed in the Convention, and to report on the progress made in this regard.

6. Article 4. The Committee reiterates its request to the Government to provide information on the appeal procedures available to workers in both the public and private sectors who consider that they have suffered prejudicial treatment in this area as well as, where appropriate, copies of judicial decisions handed down in these cases.

7. Article 5. Special protective measures. The Committee notes that, pursuant to section 93 of the revised Labour Code, certain types of work can be prohibited for women and pregnant women, by decree and upon advice of the National Council of Labour. Please provide information on the list of jobs prohibited to women, including copies of the relevant decrees, and the reasons for such prohibition.

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

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee refers to its previous comments, in which it noted that the Labour Code and the Public Service Act prohibited discrimination only on grounds of sex. It notes the Government’s intention to incorporate in the above legislation all the criteria set forth in paragraph 1(a) of Article 1 of the Convention and to send the relevant information to the Committee as soon as possible. The Committee notes that, although section 55 of the draft amendment (May 2000) to the Labour Code which concerns wage fixing includes origin, colour, national extraction, age and status as criteria on the basis of which no distinction may be made, the draft amendment does not appear to contain a provision setting forth the principle of non-discrimination on the basis of political opinion or religion. The Committee again requests the Government to indicate in its next report the measures taken or envisaged to include in the Labour Code and the Public Service Act specific provisions to prevent discrimination on the basis of all the criteria enumerated in Article 1(a) of the Convention, not only in respect of wage fixing but for all areas of employment, whether access to employment, terms and conditions of employment or security of employment.

2. The Committee notes that, according to the Government, under section 18 of Ordinance No. 93-019 of 30 April 1993, entrants to public service jobs are recruited by competition either directly or via the occupation. It also notes the Government’s statement that the texts governing admission to competitions in schools and centres for the training of future public servants no longer assign a quota for female entrants. The Committee notes, however, that there are no affirmative measures or legal provisions expressly establishing equal treatment in access to employment in the public service or access to the above schools and centres for the training of future public servants. It again asks the Government to indicate what positive measures have been taken to promote equal access for women at all levels of responsibility in the public service, data on the number of public servants, disaggregated by sex, in the various categories of the public service and information showing how these figures have evolved over the years.

3. The Committee notes the statistical data supplied by the Government. It notes that there is a considerable gap (45 per cent) between the number of male apprentices (4,940, 73 per cent) and female apprentices (1,858, 27 per cent) registered in technical and vocational schools. The Committee also notes that other than in the tertiary sector and in training deemed to be traditionally "feminine", girls’ attendance rate in such establishments is still generally very low. The Committee notes with interest that ILO assistance is still being sought in order to carry out a project of the Ministry of Technical Education and Vocational Training to develop vocational training which, through the training of specialized educators in the field of information, education and communication (IEC) and by informing and raising awareness among girls about various jobs, aims in the long run to reduce the gap between men and women employed in the private sector. The Committee requests the Government to keep it informed of developments regarding this project.

4. The Committee requests the Government to provide information on measures taken or envisaged to develop and implement a specific policy on equal opportunities, in respect of all the criteria covered by the Convention, in the public sector and the private sector. The Committee also asks the Government to provide information on measures taken to protect workers from discrimination on the basis of political opinion.

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

The Committee takes note of the Government’s report and the documents and draft amendment to the Labour Code attached thereto.

1. The Committee refers to its previous comments, in which it noted that the Labour Code and the Public Service Act prohibited discrimination only on grounds of sex. It notes the Government’s intention to incorporate in the above legislation all the criteria set forth in paragraph 1(a) of Article 1 of the Convention and to send the relevant information to the Committee as soon as possible. The Committee notes that, although section 55 of the draft amendment (May 2000) to the Labour Code which concerns wage fixing includes origin, colour, national extraction, age and status as criteria on the basis of which no distinction may be made, the draft amendment does not appear to contain a provision setting forth the principle of non-discrimination on the basis of political opinion or religion. The Committee again requests the Government to indicate in its next report the measures taken or envisaged to include in the Labour Code and the Public Service Act specific provisions to prevent discrimination on the basis of all the criteria enumerated in Article 1(a) of the Convention, not only in respect of wage fixing but for all areas of employment, whether access to employment, terms and conditions of employment or security of employment.

2. The Committee notes that, according to the Government, under section 18 of Ordinance No. 93-019 of 30 April 1993, entrants to public service jobs are recruited by competition either directly or via the occupation. It also notes the Government’s statement that the texts governing admission to competitions in schools and centres for the training of future public servants no longer assign a quota for female entrants. The Committee notes, however, that there are no affirmative measures or legal provisions expressly establishing equal treatment in access to employment in the public service or access to the above schools and centres for the training of future public servants. It again asks the Government to indicate what positive measures have been taken to promote equal access for women at all levels of responsibility in the public service, data on the number of public servants, disaggregated by sex, in the various categories of the public service and information showing how these figures have evolved over the years.

3. The Committee notes the statistical data supplied by the Government. It notes that there is a considerable gap (45 per cent) between the number of male apprentices (4,940, 73 per cent) and female apprentices (1,858, 27 per cent) registered in technical and vocational schools. The Committee also notes that other than in the tertiary sector and in training deemed to be traditionally "feminine", girls’ attendance rate in such establishments is still generally very low. The Committee notes with interest that ILO assistance is still being sought in order to carry out a project of the Ministry of Technical Education and Vocational Training to develop vocational training which, through the training of specialized educators in the field of information, education and communication (IEC) and by informing and raising awareness among girls about various jobs, aims in the long run to reduce the gap between men and women employed in the private sector. The Committee requests the Government to keep it informed of developments regarding this project.

4. The Committee requests the Government to provide information on measures taken or envisaged to develop and implement a specific policy on equal opportunities, in respect of all the criteria covered by the Convention, in the public sector and the private sector. The Committee also asks the Government to provide information on measures taken to protect workers from discrimination on the basis of political opinion.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s report and the attached documents, as well as the draft amendment to the Labour Code attached to the Government’s report on the Equal Remuneration Convention, 1951 (No. 100).

1.  The Committee refers to its previous comment in which it noted that the Labour Code and the Public Service Act prohibit discrimination only on the grounds of sex. The Committee notes the Government’s indication that it is nevertheless possible to have recourse to the Constitution to protect against discrimination based on grounds set out in the Convention other than sex. The Government also indicates that it is examining the question of the inclusion of the other grounds into the Labour Code which is currently under review. The Committee notes the draft amendment to the Labour Code, dated May 2000, which is attached to the Government’s report on Convention No. 100. It notes that section 55 of this draft, respecting the determination of wages, includes the criteria of origin, colour, national extraction, age and status, as criteria on the grounds of which no differentiation may be made. However, it notes that the draft amendment does not appear to contain a provision setting out the principle of non-discrimination on the basis of political opinion or religion. The Committee once again requests the Government to indicate in its next report the measures which have been taken or are envisaged to include in the Labour Code, and in the conditions of service of the public service, specific provisions to prevent discrimination on the basis of all the criteria enumerated in Article 1(a) of the Convention.

2.  The Committee also notes that the inspections carried out in enterprises provide an opportunity for direct contact with employers’ and workers’ representatives, thereby making it possible to secure their collaboration in the application of the Convention in the enterprise. The Committee would also be grateful to be provided with information on the means by which the cooperation of occupational organizations is sought in preparing and supervising the application of the national policy envisaged in Article 2 of the Convention.

3.  The Committee notes the statistics on the distribution of public employees by ministry and by sex. It notes that, although the percentage of men and women is relatively balanced in certain ministries, this proportion still remains unequal in a large number of ministries. The Committee requests the Government to indicate the affirmative measures taken to promote the equal access of women and men to all levels of responsibility in the public service, and to provide data disaggregated by sex on the number of public servants in the various categories in the public service and information showing fluctuations in these figures over the years.

4.  With regard to the private sector, the Committee notes that affirmative measures for girls, and particularly to raise their awareness and provide them with information on the various occupations, are included in government projects for the development of vocational training bodies and institutions. It notes in particular the project of the Ministry of Technical Education and Vocational Training for the promotion and development of vocational training which, through the training of specialized educators in the field of information, education and communication (IEC), and through information and awareness-raising activities for girls on the various occupations, aims in the long term to reduce the gap between men and women employees in the private sector. The Committee notes with interest that ILO assistance has been requested for the implementation of this project. It requests the Government to keep it informed of developments in relation to the project.

5.  The Committee notes from the statistics provided by the Government on the attendance rates for vocational teaching that, with the exception of the tertiary sector and training for occupations considered to be traditionally "feminine", the attendance of girls in these institutions is generally very low. However, the Committee notes that, according to the report, information and awareness-raising campaigns appear to have had some effect on the choices made by girls, particularly for training in fields such as mechanics, carpentry and welding. The Committee requests the Government to continue providing information so that it can assess developments in the situation with regard to the access of girls to all types of training following the awareness-raising campaigns.

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

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that section 8, in conjunction with section 28, of the new Constitution of 19 August 1992, prohibits all discrimination on the grounds set out in Article 1, paragraph 1(a), of the Convention, except for colour and national extraction which are not expressly mentioned. It notes, however, that the Labour Code (section 1 of Ordinance No. 75-013 of 17 May 1975) and the General Conditions of Service of the Public Service (section 6 of Act No. 79-014 of 16 July 1979) prohibits discrimination on grounds only of sex. The Committee refers to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation in which it stresses that, when provisions are adopted to give effect to the principles of the Convention, they should include all the grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention. It asks the Government to indicate in its next report the measures taken or envisaged to include in the Labour Code and the General Conditions of Service of the Public Service specific provisions to encourage the elimination of discriminatory practices based on the criteria listed in the Constitution and the Convention and to ensure the acceptance and application of the policy to promote equal opportunity and treatment in employment and occupation (Article 3(b) of the Convention). Please indicate also the measures taken to seek the cooperation of employers' and workers' organizations and other appropriate bodies in implementing the policy (Article 3(a) of the Convention), and progress made.

2. With regard to the public sector, the Committee notes from the statistics compiled by the Ministry of Population that in the public service women account for 64 per cent of employees in categories I and II, 43 per cent of all university administrative staff and 73 per cent of the staff of the Ministry of Health and Ministry of National Education. It would be grateful for recent statistics of the percentage of women employed in the public service as a whole, other than in categories I and II, and in the various Ministries, and the percentage of women holding posts of responsibility.

3. With regard to the private sector, the Government indicates that, according to a survey carried out by the Directorate of Employment in 1990, out of 172,000 jobs in the modern sector, 28,910 are held by women, i.e. approximately 17 per cent; 13 per cent of them are in top management, 21 per cent in middle management, 38 per cent skilled salaried employees and 3 per cent skilled wage-earners. The Committee thanks the Government for this information and asks it to provide in its next report particulars of the positive measures taken, indicating the results obtained, to promote the access of women to training and employment so as to narrow the very wide gap between the number of men and of women employed in the private sector, particularly as skilled workers (3 per cent) and top managers (13 per cent).

4. The Committee refers to paragraph 2 of its previous direct request, concerning the requirement in the Decree of 18 November 1964 that employers must notify vacancies to the competent employment service, which is responsible for selecting suitable candidates for the vacancies in question. The Committee asked the Government to indicate whether the employers concerned are obliged to take on the candidates selected by this service or whether they are free to make their own assessment and selection from among them, and also to indicate how effect is given in practice to the principle of non-discrimination in both these cases. Since the Government did not give a precise answer, the Committee is bound to repeat its request and hopes that the next report will contain detailed information on this point and on the means available to placement services and their users to ensure observance of the principle of non-discrimination, in accordance with Article 3(e) of the Convention.

5. With regard to vocational training, the Committee notes that the report does not answer the questions asked in paragraph 3 of its previous direct request. Accordingly, it again asks the Government to give details on how access to the various occupational and craft training centres is ensured in practice for persons fulfilling the statutory conditions for admission, regardless of their race, sex, religion, political opinion, national and ethnic extraction. It would also appreciate receiving recent statistics of the number of persons who have attended such centres (disaggregated by sex and ethnic extraction).

6. The Committee notes the Government's indication that women mostly carry out functions that are traditionally inherent in Malagasy society, and asks the Government to provide information on the positive measures taken or envisaged to promote the access of girls to technical and vocational training, particularly in courses and trades traditionally reserved for men, such as mechanics, carpentry, welding, etc. Please refer in this connection to paragraph 168 of the 1988 General Survey on equality in employment and occupation, in which the Committee specifies the content of affirmative action programmes to redress discrimination in training and employment, in respect, inter alia, of women.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that section 8, in conjunction with section 28, of the new Constitution of 19 August 1992, prohibits all discrimination on the grounds set out in Article 1, paragraph 1(a), of the Convention, except for colour and national extraction which are not expressly mentioned. It notes, however, that the Labour Code (section 1 of Ordinance No. 75-013 of 17 May 1975) and the General Conditions of Service of the Public Service (section 6 of Act No. 79-014 of 16 July 1979) prohibits discrimination on grounds only of sex. The Committee refers to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation in which it stresses that, when provisions are adopted to give effect to the principles of the Convention, they should include all the grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention. It asks the Government to indicate in its next report the measures taken or envisaged to include in the Labour Code and the General Conditions of Service of the Public Service specific provisions to encourage the elimination of discriminatory practices based on the criteria listed in the Constitution and the Convention and to ensure the acceptance and application of the policy to promote equal opportunity and treatment in employment and occupation (Article 3(b) of the Convention). Please indicate also the measures taken to seek the cooperation of employers' and workers' organizations and other appropriate bodies in implementing the policy (Article 3(a) of the Convention), and progress made.

2. With regard to the public sector, the Committee notes from the statistics compiled by the Ministry of Population that in the public service women account for 64 per cent of employees in categories I and II, 43 per cent of all university administrative staff and 73 per cent of the staff of the Ministry of Health and Ministry of National Education. It would be grateful for recent statistics of the percentage of women employed in the public service as a whole, other than in categories I and II, and in the various Ministries, and the percentage of women holding posts of responsibility.

3. With regard to the private sector, the Government indicates that, according to a survey carried out by the Directorate of Employment in 1990, out of 172,000 jobs in the modern sector, 28,910 are held by women, i.e. approximately 17 per cent; 13 per cent of them are in top management, 21 per cent in middle management, 38 per cent skilled salaried employees and 3 per cent skilled wage-earners. The Committee thanks the Government for this information and asks it to provide in its next report particulars of the positive measures taken, indicating the results obtained, to promote the access of women to training and employment so as to narrow the very wide gap between the number of men and of women employed in the private sector, particularly as skilled workers (3 per cent) and top managers (13 per cent).

4. The Committee refers to paragraph 2 of its previous direct request, concerning the requirement in the Decree of 18 November 1964 that employers must notify vacancies to the competent employment service, which is responsible for selecting suitable candidates for the vacancies in question. The Committee asked the Government to indicate whether the employers concerned are obliged to take on the candidates selected by this service or whether they are free to make their own assessment and selection from among them, and also to indicate how effect is given in practice to the principle of non-discrimination in both these cases. Since the Government did not give a precise answer, the Committee is bound to repeat its request and hopes that the next report will contain detailed information on this point and on the means available to placement services and their users to ensure observance of the principle of non-discrimination, in accordance with Article 3(e) of the Convention.

5. With regard to vocational training, the Committee notes that the report does not answer the questions asked in paragraph 3 of its previous direct request. Accordingly, it again asks the Government to give details on how access to the various occupational and craft training centres is ensured in practice for persons fulfilling the statutory conditions for admission, regardless of their race, sex, religion, political opinion, national and ethnic extraction. It would also appreciate receiving recent statistics of the number of persons who have attended such centres (disaggregated by sex and ethnic extraction).

6. The Committee notes the Government's indication that women mostly carry out functions that are traditionally inherent in Malagasy society, and asks the Government to provide information on the positive measures taken or envisaged to promote the access of girls to technical and vocational training, particularly in courses and trades traditionally reserved for men, such as mechanics, carpentry, welding, etc. Please refer in this connection to paragraph 168 of the 1988 General Survey on Equality in Employment and Occupation, in which the Committee specifies the content of affirmative action programmes to redress discrimination in training and employment, in respect, inter alia, of women.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes with regret that, for the fourth consecutive time, the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that section 8, in conjunction with section 28, of the new Constitution of 19 August 1992, prohibits all discrimination on the grounds set out in Article 1, paragraph 1(a), of the Convention, except for colour and national extraction which are not expressly mentioned. It notes, however, that the Labour Code (section 1 of Ordinance No. 75-013 of 17 May 1975) and the General Conditions of Service of the Public Service (section 6 of Act No. 79-014 of 16 July 1979) prohibits discrimination on grounds only of sex. The Committee refers to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation in which it stresses that, when provisions are adopted to give effect to the principles of the Convention, they should include all the grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention. It asks the Government to indicate in its next report the measures taken or envisaged to include in the Labour Code and the General Conditions of Service of the Public Service specific provisions to encourage the elimination of discriminatory practices based on the criteria listed in the Constitution and the Convention and to ensure the acceptance and application of the policy to promote equal opportunity and treatment in employment and occupation (Article 3(b) of the Convention). Please indicate also the measures taken to seek the cooperation of employers' and workers' organizations and other appropriate bodies in implementing the policy (Article 3(a) of the Convention), and progress made.

2. With regard to the public sector, the Committee notes from the statistics compiled by the Ministry of Population that in the public service women account for 64 per cent of employees in categories I and II, 43 per cent of all university administrative staff and 73 per cent of the staff of the Ministry of Health and Ministry of National Education. It would be grateful for recent statistics of the percentage of women employed in the public service as a whole, other than in categories I and II, and in the various Ministries, and the percentage of women holding posts of responsibility.

3. With regard to the private sector, the Government indicates that, according to a survey carried out by the Directorate of Employment in 1990, out of 172,000 jobs in the modern sector, 28,910 are held by women, i.e. approximately 17 per cent; 13 per cent of them are in top management, 21 per cent in middle management, 38 per cent skilled salaried employees and 3 per cent skilled wage-earners. The Committee thanks the Government for this information and asks it to provide in its next report particulars of the positive measures taken, indicating the results obtained, to promote the access of women to training and employment so as to narrow the very wide gap between the number of men and of women employed in the private sector, particularly as skilled workers (3 per cent) and top managers (13 per cent).

4. The Committee refers to paragraph 2 of its previous direct request, concerning the requirement in the Decree of 18 November 1964 that employers must notify vacancies to the competent employment service, which is responsible for selecting suitable candidates for the vacancies in question. The Committee asked the Government to indicate whether the employers concerned are obliged to take on the candidates selected by this service or whether they are free to make their own assessment and selection from among them, and also to indicate how effect is given in practice to the principle of non-discrimination in both these cases. Since the Government did not give a precise answer, the Committee is bound to repeat its request and hopes that the next report will contain detailed information on this point and on the means available to placement services and their users to ensure observance of the principle of non-discrimination, in accordance with Article 3(e) of the Convention.

5. With regard to vocational training, the Committee notes that the report does not answer the questions asked in paragraph 3 of its previous direct request. Accordingly, it again asks the Government to give details on how access to the various occupational and craft training centres is ensured in practice for persons fulfilling the statutory conditions for admission, regardless of their race, sex, religion, political opinion, national and ethnic extraction. It would also appreciate receiving recent statistics of the number of persons who have attended such centres (disaggregated by sex and ethnic extraction).

6. The Committee notes the Government's indication that women mostly carry out functions that are traditionally inherent in Malagasy society, and asks the Government to provide information on the positive measures taken or envisaged to promote the access of girls to technical and vocational training, particularly in courses and trades traditionally reserved for men, such as mechanics, carpentry, welding, etc. Please refer in this connection to paragraph 168 of the 1988 General Survey on Equality in Employment and Occupation, in which the Committee specifies the content of affirmative action programmes to redress discrimination in training and employment, in respect, inter alia, of women.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes with regret that, for the third consecutive time, the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that section 8, in conjunction with section 28, of the new Constitution of 19 August 1992, prohibits all discrimination on the grounds set out in Article 1, paragraph 1(a), of the Convention, except for colour and national extraction which are not expressly mentioned. It notes, however, that the Labour Code (section 1 of Ordinance No. 75-013 of 17 May 1975) and the General Conditions of Service of the Public Service (section 6 of Act No. 79-014 of 16 July 1979) prohibits discrimination on grounds only of sex. The Committee refers to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation in which it stresses that, when provisions are adopted to give effect to the principles of the Convention, they should include all the grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention. It asks the Government to indicate in its next report the measures taken or envisaged to include in the Labour Code and the General Conditions of Service of the Public Service specific provisions to encourage the elimination of discriminatory practices based on the criteria listed in the Constitution and the Convention and to ensure the acceptance and application of the policy to promote equal opportunity and treatment in employment and occupation (Article 3(b) of the Convention). Please indicate also the measures taken to seek the cooperation of employers' and workers' organizations and other appropriate bodies in implementing the policy (Article 3(a) of the Convention), and progress made.

2. With regard to the public sector, the Committee notes from the statistics compiled by the Ministry of Population that in the public service women account for 64 per cent of employees in categories I and II, 43 per cent of all university administrative staff and 73 per cent of the staff of the Ministry of Health and Ministry of National Education. It would be grateful for recent statistics of the percentage of women employed in the public service as a whole, other than in categories I and II, and in the various Ministries, and the percentage of women holding posts of responsibility.

3. With regard to the private sector, the Government indicates that, according to a survey carried out by the Directorate of Employment in 1990, out of 172,000 jobs in the modern sector, 28,910 are held by women, i.e. approximately 17 per cent; 13 per cent of them are in top management, 21 per cent in middle management, 38 per cent skilled salaried employees and 3 per cent skilled wage-earners. The Committee thanks the Government for this information and asks it to provide in its next report particulars of the positive measures taken, indicating the results obtained, to promote the access of women to training and employment so as to narrow the very wide gap between the number of men and of women employed in the private sector, particularly as skilled workers (3 per cent) and top managers (13 per cent).

4. The Committee refers to paragraph 2 of its previous direct request, concerning the requirement in the Decree of 18 November 1964 that employers must notify vacancies to the competent employment service, which is responsible for selecting suitable candidates for the vacancies in question. The Committee asked the Government to indicate whether the employers concerned are obliged to take on the candidates selected by this service or whether they are free to make their own assessment and selection from among them, and also to indicate how effect is given in practice to the principle of non-discrimination in both these cases. Since the Government did not give a precise answer, the Committee is bound to repeat its request and hopes that the next report will contain detailed information on this point and on the means available to placement services and their users to ensure observance of the principle of non-discrimination, in accordance with Article 3(e) of the Convention.

5. With regard to vocational training, the Committee notes that the report does not answer the questions asked in paragraph 3 of its previous direct request. Accordingly, it again asks the Government to give details on how access to the various occupational and craft training centres is ensured in practice for persons fulfilling the statutory conditions for admission, regardless of their race, sex, religion, political opinion, national and ethnic extraction. It would also appreciate receiving recent statistics of the number of persons who have attended such centres (disaggregated by sex and ethnic extraction).

6. The Committee notes the Government's indication that women mostly carry out functions that are traditionally inherent in Malagasy society, and asks the Government to provide information on the positive measures taken or envisaged to promote the access of girls to technical and vocational training, particularly in courses and trades traditionally reserved for men, such as mechanics, carpentry, welding, etc. Please refer in this connection to paragraph 168 of the 1988 General Survey on Equality in Employment and Occupation, in which the Committee specifies the content of affirmative action programmes to redress discrimination in training and employment, in respect, inter alia, of women.

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

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that section 8, in conjunction with section 28, of the new Constitution of 19 August 1992, prohibits all discrimination on the grounds set out in Article 1, paragraph 1(a), of the Convention, except for colour and national extraction which are not expressly mentioned. It notes, however, that the Labour Code (section 1 of Ordinance No. 75-013 of 17 May 1975) and the General Conditions of Service of the Public Service (section 6 of Act No. 79-014 of 16 July 1979) prohibits discrimination on grounds only of sex. The Committee refers to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation in which it stresses that, when provisions are adopted to give effect to the principles of the Convention, they should include all the grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention. It asks the Government to indicate in its next report the measures taken or envisaged to include in the Labour Code and the General Conditions of Service of the Public Service specific provisions to encourage the elimination of discriminatory practices based on the criteria listed in the Constitution and the Convention and to ensure the acceptance and application of the policy to promote equal opportunity and treatment in employment and occupation (Article 3(b) of the Convention). Please indicate also the measures taken to seek the cooperation of employers' and workers' organizations and other appropriate bodies in implementing the policy (Article 3(a) of the Convention), and progress made.

2. With regard to the public sector, the Committee notes from the statistics compiled by the Ministry of Population that in the public service women account for 64 per cent of employees in categories I and II, 43 per cent of all university administrative staff and 73 per cent of the staff of the Ministry of Health and Ministry of National Education. It would be grateful for recent statistics of the percentage of women employed in the public service as a whole, other than in categories I and II, and in the various Ministries, and the percentage of women holding posts of responsibility.

3. With regard to the private sector, the Government indicates that, according to a survey carried out by the Directorate of Employment in 1990, out of 172,000 jobs in the modern sector, 28,910 are held by women, i.e. approximately 17 per cent; 13 per cent of them are in top management, 21 per cent in middle management, 38 per cent skilled salaried employees and 3 per cent skilled wage-earners. The Committee thanks the Government for this information and asks it to provide in its next report particulars of the positive measures taken, indicating the results obtained, to promote the access of women to training and employment so as to narrow the very wide gap between the number of men and of women employed in the private sector, particularly as skilled workers (3 per cent) and top managers (13 per cent).

4. The Committee refers to paragraph 2 of its previous direct request, concerning the requirement in the Decree of 18 November 1964 that employers must notify vacancies to the competent employment service, which is responsible for selecting suitable candidates for the vacancies in question. The Committee asked the Government to indicate whether the employers concerned are obliged to take on the candidates selected by this service or whether they are free to make their own assessment and selection from among them, and also to indicate how effect is given in practice to the principle of non-discrimination in both these cases. Since the Government did not give a precise answer, the Committee is bound to repeat its request and hopes that the next report will contain detailed information on this point and on the means available to placement services and their users to ensure observance of the principle of non-discrimination, in accordance with Article 3(e) of the Convention.

5. With regard to vocational training, the Committee notes that the report does not answer the questions asked in paragraph 3 of its previous direct request. Accordingly, it again asks the Government to give details on how access to the various occupational and craft training centres is ensured in practice for persons fulfilling the statutory conditions for admission, regardless of their race, sex, religion, political opinion, national and ethnic extraction. It would also appreciate receiving recent statistics of the number of persons who have attended such centres (disaggregated by sex and ethnic extraction).

6. The Committee notes the Government's indication that women mostly carry out functions that are traditionally inherent in Malagasy society, and asks the Government to provide information on the positive measures taken or envisaged to promote the access of girls to technical and vocational training, particularly in courses and trades traditionally reserved for men, such as mechanics, carpentry, welding, etc. Please refer in this connection to paragraph 168 of the 1988 General Survey on Equality in Employment and Occupation, in which the Committee specifies the content of affirmative action programmes to redress discrimination in training and employment, in respect, inter alia, of women.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes that section 8, in conjunction with section 28, of the new Constitution of 19 August 1992, prohibits all discrimination on the grounds set out in Article 1, paragraph 1(a), of the Convention, except for colour and national extraction which are not expressly mentioned. It notes, however, that the Labour Code (section 1 of Ordinance No. 75-013 of 17 May 1975) and the General Conditions of Service of the Public Service (section 6 of Act No. 79-014 of 16 July 1979) prohibits discrimination on grounds only of sex. The Committee refers to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation in which it stresses that, when provisions are adopted to give effect to the principles of the Convention, they should include all the grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention. It asks the Government to indicate in its next report the measures taken or envisaged to include in the Labour Code and the General Conditions of Service of the Public Service specific provisions to encourage the elimination of discriminatory practices based on the criteria listed in the Constitution and the Convention and to ensure the acceptance and application of the policy to promote equal opportunity and treatment in employment and occupation (Article 3(b) of the Convention). Please indicate also the measures taken to seek the cooperation of employers' and workers' organizations and other appropriate bodies in implementing the policy (Article 3(a) of the Convention), and progress made.

2. With regard to the public sector, the Committee notes from the statistics compiled by the Ministry of Population that in the public service women account for 64 per cent of employees in categories I and II, 43 per cent of all university administrative staff and 73 per cent of the staff of the Ministry of Health and Ministry of National Education. It would be grateful for recent statistics of the percentage of women employed in the public service as a whole, other than in categories I and II, and in the various Ministries, and the percentage of women holding posts of responsibility.

3. With regard to the private sector, the Government indicates that, according to a survey carried out by the Directorate of Employment in 1990, out of 172,000 jobs in the modern sector, 28,910 are held by women, i.e. approximately 17 per cent; 13 per cent of them are in top management, 21 per cent in middle management, 38 per cent skilled salaried employees and 3 per cent skilled wage-earners. The Committee thanks the Government for this information and asks it to provide in its next report particulars of the positive measures taken, indicating the results obtained, to promote the access of women to training and employment so as to narrow the very wide gap between the number of men and of women employed in the private sector, particularly as skilled workers (3 per cent) and top managers (13 per cent).

4. The Committee refers to paragraph 2 of its previous direct request, concerning the requirement in the Decree of 18 November 1964 that employers must notify vacancies to the competent employment service, which is responsible for selecting suitable candidates for the vacancies in question. The Committee asked the Government to indicate whether the employers concerned are obliged to take on the candidates selected by this service or whether they are free to make their own assessment and selection from among them, and also to indicate how effect is given in practice to the principle of non-discrimination in both these cases. Since the Government did not give a precise answer, the Committee is bound to repeat its request and hopes that the next report will contain detailed information on this point and on the means available to placement services and their users to ensure observance of the principle of non-discrimination, in accordance with Article 3(e) of the Convention.

5. With regard to vocational training, the Committee notes that the report does not answer the questions asked in paragraph 3 of its previous direct request. Accordingly, it again asks the Government to give details on how access to the various occupational and craft training centres is ensured in practice for persons fulfilling the statutory conditions for admission, regardless of their race, sex, religion, political opinion, national and ethnic extraction. It would also appreciate receiving recent statistics of the number of persons who have attended such centres (disaggregated by sex and ethnic extraction).

6. The Committee notes the Government's indication that women mostly carry out functions that are traditionally inherent in Malagasy society, and asks the Government to provide information on the positive measures taken or envisaged to promote the access of girls to technical and vocational training, particularly in courses and trades traditionally reserved for men, such as mechanics, carpentry, welding, etc. Please refer in this connection to paragraph 168 of the 1988 General Survey on Equality in Employment and Occupation, in which the Committee specifies the content of affirmative action programmes to redress discrimination in training and employment, in respect, inter alia, of women.

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

The Committee notes the information supplied by the Government in answer to its previous direct requests.

1. The Committee notes that section 8, in conjunction with section 28, of the new Constitution of 19 August 1992, prohibits all discrimination on the grounds set out in Article 1, paragraph 1(a), of the Convention, except for colour and national extraction which are not expressly mentioned. It notes, however, that the Labour Code (section 1 of Ordinance No. 75-013 of 17 May 1975) and the General Conditions of Service of the Public Service (section 6 of Act No. 79-014 of 16 July 1979) prohibits discrimination on grounds only of sex. The Committee refers to paragraph 58 of its 1988 General Survey on Equality in Employment and Occupation in which it stresses that, when provisions are adopted to give effect to the principles of the Convention, they should include all the grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention. It asks the Government to indicate in its next report the measures taken or envisaged to include in the Labour Code and the General Conditions of Service of the Public Service specific provisions to encourage the elimination of discriminatory practices based on the criteria listed in the Constitution and the Convention and to ensure the acceptance and application of the policy to promote equal opportunity and treatment in employment and occupation (Article 3(b) of the Convention). Please indicate also the measures taken to seek the cooperation of employers' and workers' organizations and other appropriate bodies in implementing the policy (Article 3(a) of the Convention), and progress made.

2. With regard to the public sector, the Committee notes from the statistics compiled by the Ministry of Population that in the public service women account for 64 per cent of employees in categories I and II, 43 per cent of all university administrative staff and 73 per cent of the staff of the Ministry of Health and Ministry of National Education. It would be grateful for recent statistics of the percentage of women employed in the public service as a whole, other than in categories I and II, and in the various Ministries, and the percentage of women holding posts of responsibility.

3. With regard to the private sector, the Government indicates that, according to a survey carried out by the Directorate of Employment in 1990, out of 172,000 jobs in the modern sector, 28,910 are held by women, i.e. approximately 17 per cent; 13 per cent of them are in top management, 21 per cent in middle management, 38 per cent skilled salaried employees and 3 per cent skilled wage-earners. The Committee thanks the Government for this information and asks it to provide in its next report particulars of the positive measures taken, indicating the results obtained, to promote the access of women to training and employment so as to narrow the very wide gap between the number of men and of women employed in the private sector, particularly as skilled workers (3 per cent) and top managers (13 per cent).

4. The Committee refers to paragraph 2 of its previous direct request, concerning the requirement in the Decree of 18 November 1964 that employers must notify vacancies to the competent employment service, which is responsible for selecting suitable candidates for the vacancies in question. The Committee asked the Government to indicate whether the employers concerned are obliged to take on the candidates selected by this service or whether they are free to make their own assessment and selection from among them, and also to indicate how effect is given in practice to the principle of non-discrimination in both these cases. Since the Government did not give a precise answer, the Committee is bound to repeat its request and hopes that the next report will contain detailed information on this point and on the means available to placement services and their users to ensure observance of the principle of non-discrimination, in accordance with Article 3(e) of the Convention.

5. With regard to vocational training, the Committee notes that the report does not answer the questions asked in paragraph 3 of its previous direct request. Accordingly, it again asks the Government to give details on how access to the various occupational and craft training centres is ensured in practice for persons fulfilling the statutory conditions for admission, regardless of their race, sex, religion, political opinion, national and ethnic extraction. It would also appreciate receiving recent statistics of the number of persons who have attended such centres (disaggregated by sex and ethnic extraction).

6. The Committee notes the Government's indication that women mostly carry out functions that are traditionally inherent in Malagasy society, and asks the Government to provide information on the positive measures taken or envisaged to promote the access of girls to technical and vocational training, particularly in courses and trades traditionally reserved for men, such as mechanics, carpentry, welding, etc. Please refer in this connection to paragraph 168 of the 1988 General Survey on Equality in Employment and Occupation, in which the Committee specifies the content of affirmative action programmes to redress discrimination in training and employment, in respect, inter alia, of women.

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

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the indications that access to employment in the public sector is in principle obtained through direct or vocational competitions and that the general conditions of service of the public service also allow recruitment on the basis of qualifications and the recruitment of contract employees who are not officials. It notes that, for the latter, selection tests are organized by the ministries that employ them so that the applicants with the most satisfactory results are recruited.

The Committee requests the Government to indicate whether, and under the terms of what provision, the criteria used for recruitment on the basis of qualifications and for participation in direct or vocational competitions in the public administration respond to the principle of equality of opportunity and the elimination of any discrimination on the grounds set out in Article 1(a) of the Convention, and particularly on the grounds of political opinion and national extraction, which are not mentioned in articles 12 and 26 of the national Constitution, to which the Government refers, or in the general conditions of service of the public service. The Committee also requests the Government to indicate how effect is given in practice to this principle as regards access to employment in public sector enterprises and establishments. Finally, the Committee would be grateful to be provided with information on the number of women employed in this sector and their proportion in relation to men, and on the number of women employed in posts of responsibility in the public administration.

2. In the private sector, the Committee notes that, under the terms of Decree No. 64-495 of 18 November 1965, as amended in 1965, all employers are bound to notify vacancies to the competent employment and placement service, which is responsible for selecting the job applicants for these vacancies. The Committee requests the Government to indicate whether the employers concerned are obliged to take on the applicants selected by this service or whether they are free to make their own assessment and selection from among them. Please also indicate how effect is given in practice to the principle of non-discrimination in the sense set out in the Convention in both the above cases.

3. As regards access to vocational training, the Committee notes with interest that the Constitution guarantees equality of all persons to education and vocational training, and that this principle is also contained in the Labour Code and in Act No. 78-040 of July 1978 establishing the general framework of the education and training system. The Committee also notes the Government's indications that, in the public sector, vocational training is provided by public bodies and various ministerial departments, within the framework of specific legislation for each training centre which also sets out the conditions of access to such training. The Government adds that there are at present 92 vocational training centres in the country operating directly under ministerial institutions or departments. In most of these cases, the centres prepare future officials for the public administration, although a number of centres provide training in the fields of health care, agriculture and the crafts. The centres are open equally to men and women and access to them is through competitions or tests. As regards the private sector, the Government indicates that various enterprises provide vocational training that is intended to improve the level of their own staff and to provide them with promotion, and it refers to a number of training centres set up by these enterprises. The Committee notes this information and requests the Government to supply details in its next report on how access to these training centres is obtained in practice for persons fulfilling the conditions laid down for admission to the centres, irrespective of their race, sex, religion, political opinion and ethnic extraction. Please also supply statistics on the number of persons who have attended these training centres (listed by sex and ethnic extraction).

4. As regards terms and conditions of employment, the Government refers to the provisions of the Labour Code which establish equality of opportunity and treatment without distinction on grounds of sex, origin, religion, age or status, and indicates that the application of these provisions is ensured by the labour inspection services, by the Directorate of Employment and Labour, and by the supervisory services of the Directorate of the Public Service (as regards public employees). The Committee notes this information and, with reference to paragraphs 15, 157 and 170 of its 1988 General Survey on Equality in Employment and Occupation, it requests the Government to supply information on the results of these supervisory procedures and on any positive step that is taken in practice to promote the principle of equality of opportunity and treatment in employment and to eliminate discrimination on all the grounds set out in the Convention.

5. The Committee would also be grateful to be provided with information on the measures that have been taken to obtain the cooperation of employers' and workers' organizations in the implementation of the national policy against discrimination and the appeal channels available to workers in both the public and private sectors who consider that they have suffered prejudicial treatment in this area. Please supply, where appropriate, copies of judicial decisions handed down in these cases.

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

The Committee notes with regret that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the indications that access to employment in the public sector is in principle obtained through direct or vocational competitions and that the general conditions of service of the public service also allow recruitment on the basis of qualifications and the recruitment of contract employees who are not officials. It notes that, for the latter, selection tests are organised by the ministries that employ them so that the applicants with the most satisfactory results are recruited.

The Committee requests the Government to indicate whether, and under the terms of what provision, the criteria used for recruitment on the basis of qualifications and for participation in direct or vocational competitions in the public administration respond to the principle of equality of opportunity and the elimination of any discrimination on the grounds set out in Article 1(a) of the Convention, and particularly on the grounds of political opinion and national extraction, which are not mentioned in articles 12 and 26 of the national Constitution, to which the Government refers, or in the general conditions of service of the public service. The Committee also requests the Government to indicate how effect is given in practice to this principle as regards access to employment in public sector enterprises and establishments. Finally, the Committee would be grateful to be provided with information on the number of women employed in this sector and their proportion in relation to men, and on the number of women employed in posts of responsibility in the public administration.

2. In the private sector, the Committee notes that, under the terms of Decree No. 64-495 of 18 November 1965, as amended in 1965, all employers are bound to notify vacancies to the competent employment and placement service, which is responsible for selecting the job applicants for these vacancies. The Committee requests the Government to indicate whether the employers concerned are obliged to take on the applicants selected by this service or whether they are free to make their own assessment and selection from among them. Please also indicate how effect is given in practice to the principle of non-discrimination in the sense set out in the Convention in both the above cases.

3. As regards access to vocational training, the Committee notes with interest that the Constitution guarantees equality of all persons to education and vocational training, and that this principle is also contained in the Labour Code and in Act No. 78-040 of July 1978 establishing the general framework of the education and training system. The Committee also notes the Government's indications that, in the public sector, vocational training is provided by public bodies and various ministerial departments, within the framework of specific legislation for each training centre which also sets out the conditions of access to such training. The Government adds that there are at present 92 vocational training centres in the country operating directly under ministerial institutions or departments. In most of these cases, the centres prepare future officials for the public administration, although a number of centres provide training in the fields of health care, agriculture and the crafts. The centres are open equally to men and women and access to them is through competitions or tests. As regards the private sector, the Government indicates that various enterprises provide vocational training that is intended to improve the level of their own staff and to provide them with promotion, and it refers to a number of training centres set up by these enterprises. The Committee notes this information and requests the Government to supply details in its next report on how access to these training centres is obtained in practice for persons fulfilling the conditions laid down for admission to the centres, irrespective of their race, sex, religion, political opinion and ethnic extraction. Please also supply statistics on the number of persons who have attended these training centres (listed by sex and ethnic extraction).

4. As regards terms and conditions of employment, the Government refers to the provisions of the Labour Code which establish equality of opportunity and treatment without distinction on grounds of sex, origin, religion, age or status, and indicates that the application of these provisions is ensured by the labour inspection services, by the Directorate of Employment and Labour, and by the supervisory services of the Directorate of the Public Service (as regards public employees). The Committee notes this information and, with reference to paragraphs 15, 157 and 170 of its 1988 General Survey on Equality in Employment and Occupation, it requests the Government to supply information on the results of these supervisory procedures and on any positive step that is taken in practice to promote the principle of equality of opportunity and treatment in employment and to eliminate discrimination on all the grounds set out in the Convention.

5. The Committee would also be grateful to be provided with information on the measures that have been taken to obtain the cooperation of employers' and workers' organisations in the implementation of the national policy against discrimination and the appeal channels available to workers in both the public and private sectors who consider that they have suffered prejudicial treatment in this area. Please supply, where appropriate, copies of judicial decisions handed down in these cases.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. The Committee notes the indications that access to employment in the public sector is in principle obtained through direct or vocational competitions and that the general conditions of service of the public service also allow recruitment on the basis of qualifications and the recruitment of contract employees who are not officials. It notes that, for the latter, selection tests are organised by the ministries that employ them so that the applicants with the most satisfactory results are recruited.

The Committee requests the Government to indicate whether, and under the terms of what provision, the criteria used for recruitment on the basis of qualifications and for participation in direct or vocational competitions in the public administration respond to the principle of equality of opportunity and the elimination of any discrimination on the grounds set out in Article 1(a) of the Convention, and particularly on the grounds of political opinion and national extraction, which are not mentioned in articles 12 and 26 of the national Constitution, to which the Government refers, or in the general conditions of service of the public service. The Committee also requests the Government to indicate how effect is given in practice to this principle as regards access to employment in public sector enterprises and establishments. Finally, the Committee would be grateful to be provided with information on the number of women employed in this sector and their proportion in relation to men, and on the number of women employed in posts of responsibility in the public administration.

2. In the private sector, the Committee notes that, under the terms of Decree No. 64-495 of 18 November 1965, as amended in 1965, all employers are bound to notify vacancies to the competent employment and placement service, which is responsible for selecting the job applicants for these vacancies. The Committee requests the Government to indicate whether the employers concerned are obliged to take on the applicants selected by this service or whether they are free to make their own assessment and selection from among them. Please also indicate how effect is given in practice to the principle of non-discrimination in the sense set out in the Convention in both the above cases.

3. As regards access to vocational training, the Committee notes with interest that the Constitution guarantees equality of all persons to education and vocational training, and that this principle is also contained in the Labour Code and in Act No. 78-040 of July 1978 establishing the general framework of the education and training system. The Committee also notes the Government's indications that, in the public sector, vocational training is provided by public bodies and various ministerial departments, within the framework of specific legislation for each training centre which also sets out the conditions of access to such training. The Government adds that there are at present 92 vocational training centres in the country operating directly under ministerial institutions or departments. In most of these cases, the centres prepare future officials for the public administration, although a number of centres provide training in the fields of health care, agriculture and the crafts. The centres are open equally to men and women and access to them is through competitions or tests. As regards the private sector, the Government indicates that various enterprises provide vocational training that is intended to improve the level of their own staff and to provide them with promotion, and it refers to a number of training centres set up by these enterprises. The Committee notes this information and requests the Government to supply details in its next report on how access to these training centres is obtained in practice for persons fulfilling the conditions laid down for admission to the centres, irrespective of their race, sex, religion, political opinion and ethnic extraction. Please also supply statistics on the number of persons who have attended these training centres (listed by sex and ethnic extraction).

4. As regards terms and conditions of employment, the Government refers to the provisions of the Labour Code which establish equality of opportunity and treatment without distinction on grounds of sex, origin, religion, age or status, and indicates that the application of these provisions is ensured by the labour inspection services, by the Directorate of Employment and Labour, and by the supervisory services of the Directorate of the Public Service (as regards public employees). The Committee notes this information and, with reference to paragraphs 15, 157 and 170 of its 1988 General Survey on Equality in Employment and Occupation, it requests the Government to supply information on the results of these supervisory procedures and on any positive step that is taken in practice to promote the principle of equality of opportunity and treatment in employment and to eliminate discrimination on all the grounds set out in the Convention.

5. The Committee would also be grateful to be provided with information on the measures that have been taken to obtain the co-operation of employers' and workers' organisations in the implementation of the national policy against discrimination and the appeal channels available to workers in both the public and private sectors who consider that they have suffered prejudicial treatment in this area. Please supply, where appropriate, copies of judicial decisions handed down in these cases.

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

The Committee notes with interest the detailed information supplied by the Government in its report in reply to the Committee's previous observations and direct requests.

1. It notes the indications that access to employment in the public sector is in principle obtained through direct or vocational competitions and that the general conditions of service of the public service also allow recruitment on the basis of qualifications and the recruitment of contract employees who are not officials. The Committee notes that, for the latter, selection tests are organised by the ministries that employ them so that the applicants with the most satisfactory results are recruited.

The Committee requests the Government to indicate whether, and under the terms of what provision, the criteria used for recruitment on the basis of qualifications and for participation in direct or vocational competitions in the public administration respond to the principle of equality of opportunity and the elimination of any discrimination on the grounds set out in Article 1(a) of the Convention, and particularly on the grounds of political opinion and national extraction, which are not mentioned in articles 12 and 26 of the national Constitution, to which the Government refers, or in the general conditions of service of the public service. The Committee also requests the Government to indicate how effect is given in practice to this principle as regards access to employment in public sector enterprises and establishments. Finally, the Committee would be grateful to be provided with information on the number of women employed in this sector and their proportion in relation to men, and on the number of women employed in posts of responsibility in the public administration.

2. In the private sector, the Committee notes that, under the terms of Decree No. 64-495 of 18 November 1965, as amended in 1965, all employers are bound to notify vacancies to the competent employment and placement service, which is responsible for selecting the job applicants for these vacancies. The Committee requests the Government to indicate whether the employers concerned are obliged to take on the applicants selected by this service or whether they are free to make their own assessment and selection from among them. Please also indicate how effect is given in practice to the principle of non-discrimination in the sense set out in the Convention in both the above cases.

3. As regards access to vocational training, the Committee notes with interest that the Constitution guarantees equality of all persons to education and vocational training, and that this principle is also contained in the Labour Code and in Act No. 78-040 of July 1978 establishing the general framework of the education and training system. The Committee also notes the Government's indications that, in the public sector, vocational training is provided by public bodies and various ministerial departments, within the framework of specific legislation for each training centre which also sets out the conditions of access to such training. The Government adds that there are at present 92 vocational training centres in the country operating directly under ministerial institutions or departments. In most of these cases, the centres prepare future officials for the public administration, although a number of centres provide training in the fields of health care, agriculture and the crafts. The centres are open equally to men and women and access to them is through competitions or tests. As regards the private sector, the Government indicates that various enterprises provide vocational training that is intended to improve the level of their own staff and to provide them with promotion, and it refers to a number of training centres set up by these enterprises. The Committee notes this information and requests the Government to supply details in its next report on how access to these training centres is obtained in practice for persons fulfilling the conditions laid down for admission to the centres, irrespective of their race, sex, religion, political opinion and ethnic extraction. Please also supply statistics on the number of persons who have attended these training centres (listed by sex and ethnic extraction).

4. As regards terms and conditions of employment, the Government refers to the provisions of the Labour Code which establish equality of opportunity and treatment without distinction on grounds of sex, origin, religion, age or status, and indicates that the application of these provisions is ensured by the labour inspection services, by the Directorate of Employment and Labour, and by the supervisory services of the Directorate of the Public Service (as regards public employees). The Committee notes this information and, with reference to paragraphs 15, 157 and 170 of its 1988 General Survey on Equality in Employment and Occupation, it requests the Government to supply information on the results of these supervisory procedures and on any positive step that is taken in practice to promote the principle of equality of opportunity and treatment in employment and to eliminate discrimination on all the grounds set out in the Convention.

5. The Committee would also be grateful to be provided with information on the measures that have been taken to obtain the co-operation of employers' and workers' organisations in the implementation of the national policy against discrimination and the appeal channels available to workers in both the public and private sectors who consider that they have suffered prejudicial treatment in this area. Please supply, where appropriate, copies of judicial decisions handed down in these cases.