Comments adopted by the CEACR: Madagascar

Repetition

Article 1 of the Convention. Extension of compensation for occupational injury to employees in agriculture. In its previous comments, the Committee requested the Government to comment on the allegations from the General Workers’ Confederation of Madagascar (CGSTM), according to which agricultural wage-earners are mainly working in the informal sector and that they do not benefit from appropriate protection. The CGSTM also alleged that no concrete and consistent actions have been taken despite the recommendations made by the CGSTM that the State should examine more closely the situation of rural workers. The Committee notes with interest that, in its last report, the Government indicates that it organized a national conference on the promotion of social security rights of rural workers, in October 2015, in cooperation with the ILO. At this conference, a national social security policy for rural workers has been developed, which is currently under review. The Committee requests the Government to provide information on the outcome of this examination and of any actions taken to implement the said policy.

Repetition

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015, according to which there are currently several shortcomings in workplaces where paint is used, and particularly the inadequacy of the means for the reduction of volatile organic compounds (VOCs), a lack of overall control in the management of waste, inadequate medical follow-up of workers and the inadequacy of the legal texts governing painting work, and the lack of knowledge of these texts among workers in the painting sector. SEKRIMA enumerates a number of measures that should be taken to reduce emissions of VOCs, including the control of paint and cleaning products with low levels of solvents, the harmonization and dissemination of the legal texts governing painting work and the reinforcement of the responsibility of enterprises for the safety and health of workers. SEKRIMA adds that there is insufficient supervision of workers engaged in the informal painting sector. The Committee requests the Government to provide its comments in this respect.

Article 7 of the Convention. Statistical data. Application in practice. The Committee notes that the Government reiterates that no cases of occupational disease due to lead poisoning have been reported. With regard to the measures to ensure that all cases of lead poisoning are notified, the Government indicates that: (i) lead poisoning is contained in the list of occupational diseases and must be notified by the employer to the National Social Insurance Fund (CNaPS) in accordance with section 170(1) of the Social Insurance Code; and (ii) workers who may be exposed to this disease regularly undergo medical examinations undertaken by occupational medicine services, based on which activity reports containing information on occupational diseases, including lead poisoning (where it exists), are drawn up by the Department of Occupational Safety and Health of the Ministry of Labour. The Committee requests the Government to give an appreciation of the application in practice of the requirement for employers to notify presumed cases of lead poisoning, and the obligation for occupational medicine services to carry out medical examinations and draw up activity reports containing information on occupational diseases, including lead poisoning, where it exists.

Repetition

Articles 4 and 5 of the Convention. Total or partial exceptions – Compensatory rest. The Committee recalls its previous comments in which it noted that sections 13 to 15 of Decree No. 62-150 of 28 March 1962 provide for exemptions to weekly rest without any compensatory rest in case of urgent work, in industries that process perishable goods or have to cope at certain times with an exceptional workload, and for the loading and unloading of goods at ports, landing stages and stations. The Committee notes in this connection the comments of the General Confederation of Workers’ Unions of Madagascar (CGSTM) received on 2 September 2013 and forwarded to the Government on 19 September 2013. The CGSTM indicates that the grant of weekly rest is for the most part respected, but objects that to date no draft decree has been submitted to the National Labour Council pursuant to section 80 of the Labour Code in order either to determine arrangements for the application of weekly rest or to update Decree No. 62-150 setting forth such arrangements. In its reply, the Government states that, in view of the current crisis in Madagascar, it is impossible to embark on a legislative amendment process. The Committee hopes that, as soon as the situation in the country allows, the Government will take the necessary steps to guarantee, as far as possible, compensatory periods of rest in the instances given in sections 13 to 15 of Decree No. 62-150, in accordance with Article 5 of the Convention.

Repetition

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 7 March 2018. The Government is requested to provide its comments in this regard.

Articles 4 and 5 of the Convention. Cooperation with the social partners. The Government indicates that the Ministry of Employment, Technical Education and Vocational Training (MEETFP) works in close collaboration with other ministries, the private sector and the social partners in relation to the creation and promotion of employment. For this purpose, the Government refers to the activities instigated by the MEETFP with the full involvement of the social partners, such as: the formulation of the National Employment and Vocational Training Policy (PNEFP) and the Implementation Plan (PMO), the employment component of the PNEFP, drawn up with the ILO’s support and mobilizing all the stakeholders in the world of work, including the representative organizations of employers and workers. In February 2017, a roadmap on migration for employment to Madagascar was developed in consultation with the social partners. The Committee also notes the establishment of steering and coordination partnership committees at the national level (CN2PC), the regional level (CR2PC) and the sectoral level (CS2PC) with a view to ensuring, in consultation with all of the parties concerned, the evaluation, approval and achievement of the objectives of the PNEFP. In this context, the Committee notes the observations of the SEKRIMA to the effect that cooperation between the MEETFP and the social partners takes place through extended working groups and not an official tripartite council. It calls for the establishment of a national employment council. The Committee requests the Government to provide detailed information on the involvement of the social partners in the development, application, follow-up and monitoring of the National Employment and Vocational Training Policy and the Implementation Plan, the employment component of the PNEFP and on any other programmes and activities implemented for the promotion of employment.

Article 6. Organization of the employment service. The Government indicates that the MEETFP has established around 12 offices of the Regional Employment Information System (SRIE) in eight regions of the country with a view to establishing a local database and ensuring the accessibility of employment for all persons, in all regions of the country. The SRIE accordingly makes use of practical means to promote effective access to employment. It offers the necessary training and support activities for the effective access of young persons to work, including technical and vocational training, the culture of entrepreneurship, the launching of projects and education in financial matters. The SRIE also constitutes a channel of communication between jobseekers and employers. At the level of the MEETFP, the central and regional employment services help workers to find a suitable job and employers to recruit workers adapted to the needs of enterprises, and they facilitate the transfer of workers from one region of the country to another and the migration of workers from Madagascar to other countries. The Committee notes the SEKRIMA’s observations that the establishment of the decentralized services of the MEETFP began in 2017 and that it is waiting to see the results achieved. It adds that many workers in the regions are not aware of the purpose of these services. The Committee requests the Government to provide detailed information in its next report on the manner in which the Regional Employment Information System (SRIE) contributes to an improved organization of the labour market in the eight regions of the country and to provide statistics, disaggregated by sex and age, on the number of applications for employment received, the vacancies notified and the placements made through the services of the SRIE. It also requests the Government to indicate the measures adopted or envisaged to raise the awareness of workers in the regions concerning the services provided by the SRIE.

Article 8. Special arrangements for young persons. The Government indicates that the adoption of Act No. 2015-040, of 22 February 2016, on the orientation of the PNEFP, sets the national objectives to be achieved to reduce the unemployment rate and ensure a strong economy with socially balanced growth based on solidarity by 2020. The Government indicates that the Ministry responsible for employment has adopted measures with a view to taking effective action to combat youth unemployment, including: the establishment of an enterprise and employment incubator; the consolidation and extension of the employment information system (labour market mediation, support for vocational guidance and placement); and the validation of the skills acquired through vocational experience. The Government also plans to implement the draft Sectoral Education Plan (PSE) 2018–22. The PSE sets out a vision of quality education for all and guarantees stable development in accordance with the framework of the Sustainable Development Goals (SDGs) by 2030. The Government indicates that the PSE also covers the field of technical education and vocational training, as well as skills development (ETFP/DC), based on three strategic components; access to training, the relevance and quality of training and governance based on partnership. The Committee notes the observations of the SEKRIMA concerning the commitment shown by the private sector in co-financing vocational training for young persons and further training for employees. For this purpose, the PNEFP is required to establish an intersectoral vocational training fund which would take account the financial needs of each sector and would ensure the defiscalization of the contributions made by enterprises, while at the same time guaranteeing the independence and effective allocation of funds to intersectoral, sectoral and national plans. Taking due note of the various types of training and integration programmes that have been established to provide assistance to young persons, the Committee requests the Government to provide updated statistical information on the number of young persons who have participated in the integration and training programmes referred to above, as well as relevant data on the impact of these programmes in terms of obtaining lasting employment. The Committee also requests the Government to provide relevant information on the impact of the new projects and to indicate the arrangements made to take into account changing expectations in the economy with a view to improving the adaptation of education and training programmes to future labour market needs.

Article 9. Staff of the employment service. The Government indicates that the staff of the employment service benefit from regular training through various workshops to improve skills. In December 2016, training on migration for employment was organized in six regions of the country. The Committee requests the Government to continue providing information on the vocational training provided for employment service staff with an indication of the frequency of training courses and their content, and to report their impact, and particularly their effect in practice in terms of reinforcing the capacity of the employment services in the exercise of their functions. It also requests the Government to provide information on the number of participants in the training courses and the total number of staff members assigned to employment services in the country.

Article 11. Collaboration with private employment agencies. In this respect, the Government indicates that, in the framework of the roadmap on migration for employment, many measures have been taken to ensure effective cooperation between the public employment service and private employment agencies, including: the organization of regular meetings for exchanges of experience; the training of those responsible; the preparation of training curricula and reference materials; and visits to establishments to provide assistance. The Committee requests the Government to continue providing information on the measures taken to ensure effective cooperation between the public employment service and private employment agencies. It also requests the Government to report the number of private employment agencies, applications for employment received, vacancies notified and placements made by such agencies. The Committee further requests the Government to indicate whether measures have been taken or are envisaged to continue the process of the ratification of the Private Employment Agencies Convention, 1997 (No. 181).

Repetition

In order to provide an overview of matters relating to the application of the ratified Conventions on wages, the Committee considers it appropriate to examine Conventions Nos 26 (minimum wages) and 95 (protection of wages) in a single comment. The Committee notes the observations of Madagascar Enterprise Group (GEM) and of the Christian Confederation of Malagasy Trade Unions (SEKRIMA) provided with the Government’s reports.

Minimum wages

Article 3 of Convention No. 26. Minimum wage fixing machinery and consultation of the social partners. Further to its previous comments, the Committee notes the information provided by the Government, particularly the adoption in 2017 of Decree No. 2017-143 setting the new rates of the starting and seniority minimum wage, and of Decree No. 2017-843 establishing the National Labour Council (CNT) and the Regional Tripartite Labour Councils. The Government indicates that the CNT is being operationalized. The Committee notes that, in accordance with the relevant provisions of the Labour Code, Decree No. 2017-143 reaffirms the role of the CNT in the functioning of the minimum wage system and establishes the Committee on Purchasing Power and Wages as a standing committee of the CNT. The Committee also notes the indications of the GEM that the minimum wage rates have been reviewed on the basis of annual negotiations between the social partners. It also notes that the SEKRIMA considers that the method used to calculate minimum wages does not take into account the real social context and must be reviewed. The Committee requests the Government to provide information on the progress achieved to operationalize the National Labour Council, and on its work on minimum wages and any results achieved.

Article 4. System of supervision and sanctions. Further to its previous comments, the Committee notes the information provided by the Government on reported infringements concerning non-payment of the minimum wage. The Committee also notes the reports of the SEKRIMA that there is insufficient supervision by the labour administration. The Committee also notes that, according to the Decent Work Country Programme (2015–19), 80 per cent of workers are engaged in the informal economy. In this context, the Committee requests the Government to take the necessary measures to ensure the payment of the minimum wage in the formal and informal sectors, including through the action of the labour inspection services and the imposition of effective sanctions in the event of non-compliance. It requests the Government to provide information in this regard.

Protection of wages

Article 8 of Convention No. 95. Deductions from wages. Further to its previous comments, the Committee notes the information provided by the Government on deductions from wages. It notes the reports by the SEKRIMA of abuse in this area. The Committee notes that, in addition to statutory deductions, sections 69 and 71 of the Labour Code authorize deductions in the event of the employer making special advances and advance payments and in order to reimburse amounts related to the use of equipment. These deductions can be made in addition to those related to voluntary attachment or assignment of wages. While the latter are limited by section 685 of the Code of Civil Procedure, there is no limit on the other deductions. The Committee requests the Government to indicate the manner in which the deductions authorized by sections 69 and 71 of the Labour Code are limited and to take steps to prevent abuse.

Article 12. Regular payment of wages and final settlement of all wages upon the termination of the contract. Further to its previous comments, the Committee notes the information provided by the Government. It also notes that the SEKRIMA reports delays in the payment of wages and of social security contributions as well as cases of non-payment of remaining amounts due to workers on the termination of the employment relationship. The Committee requests the Government to take steps, including through the labour inspection service and the imposition of effective sanctions in the event of non-compliance, in order to remedy these difficulties and to provide information in this respect.

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.

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.

Repetition

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information provided by the Government in reply to the observations of the General Confederation of Workers’ Unions of Madagascar (FISEMA), received on 2 September 2013. The FISEMA has previously expressed disappointment at the abandonment of the Plan of Action for Madagascar (MAP), without informing the social partners, and the refusal of the Ministry of the Public Service, Labour and Social Legislation to examine a draft reform of the Social Welfare Code (CPS). In its reply, the Government indicates that the National Development Plan, which will replace the MAP, will be adopted before the end of 2015. The Government adds that it fully accepts the reform of the CPS. In reply to the 2013 request, the Government indicates that the social policy of the State is orientated towards the improvement of access to basic social services and the reinforcement of human capital. The Committee hopes that the Government will soon be in a position to provide updated information on the manner in which the provisions of the Convention, which envisage that “[a]ll policies shall be primarily directed to the well-being and development of the population”, have been taken into account in the formulation and implementation of the measures adopted in the context of the general Sate policy (Article 1 of the Convention). Please also provide information on the measures taken to improve living conditions in rural areas, increase productive capacity and improve the standards of living of workers in the informal economy (Articles 3 and 4).

Repetition

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015, to the effect that the number of accidents notified to the National Social Security Fund (CNAPS) is very low, owing to the fact that monitoring of the application of the Convention is not undertaken officially or at regular intervals, and that there should be an official report for this kind of notification. The Committee requests the Government to send its comments on this matter.

Legislation. The Committee notes the concise information supplied by the Government in reply to its previous comments, in which it expressed the hope that the adoption of implementing regulations for the Occupational Safety and Health Code would enable effect to be given to Articles 2 and 4 of the Convention. It notes the Government’s indication that Order No. 889 of 20 May 1960 establishing general occupational safety and health measures remains in force but that it intends to revise it in order to take account of the current context, including the protection of machinery, and that the participation of a number of entities and qualified persons will be necessary for the revision process. It also notes that section 120 of the Labour Code of 2004 provides that work installations and materials are subject to compulsory safety standards and must undergo systematic inspection, maintenance and checking in order to prevent the risk of accidents. Furthermore, the Committee notes the Government’s indication that the labour inspectorate is intensifying controls on machines imported into the country. The Committee requests the Government to take the necessary steps to ensure the revision of Order No. 889, particularly with a view to giving effect to the Convention, and to provide information on all progress made in this respect. It also requests the Government to provide information on the measures taken in the meantime to ensure the application of Articles 2 and 4 of the Convention, prohibiting the vendor, the person letting out on hire or transferring the machinery in any other manner, the exhibitor or the manufacturer, to sell, let out on hire, transfer in any other manner or exhibit machinery of which the dangerous parts specified in Article 2(3) and (4) are without appropriate guards.

Application in practice. The Committee requests the Government to provide an appreciation of the manner in which the Convention is applied in practice, including, for example, extracts from inspection reports and, where such statistics exist, details of the number of accidents recorded in relation to the Convention, the number and nature of infringements reported, etc.

Repetition

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015, to the effect that: (1) the national legislation should be harmonized with the Convention, while taking account of the current context; and (2) new technologies in the areas of hygiene, safety and health should be developed. The Committee requests the Government to send its comments on this matter.

Legislation. The Committee notes the Government’s concise report, which indicates that following the socio-political instability of recent years, the country is now embarking on a return to constitutional order and that the formulation and implementation of a general state policy is a priority for the Government. The Committee also notes that Order No. 889 of 20 May 1960 establishing general occupational safety and health measures has still not been revised and that, in view of the complex scope of application of the aforementioned Order, which should be extended to take account of new technologies, the participation of a number of entities and qualified persons will be necessary for the revision process. The Committee requests the Government to take the necessary steps to ensure the revision of Order No. 889, particularly with a view to giving effect to the Convention, and to supply information on all progress made in this respect.

Article 14 of the Convention. Provision of suitable seats for workers. The Committee notes that, under section 115 of the Labour Code of 2004, workers must be provided with all furniture necessary for their comfort during their hours of work. The Committee requests the Government to supply additional information on the measures taken to ensure that sufficient and suitable seats are supplied for workers and workers have the opportunity to use them.

Article 18. Noise and vibrations. Referring to its previous comments, the Committee once again requests the Government to supply information on the steps taken to ensure that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible.

Application in practice. The Committee requests the Government to provide a general appreciation of the application of the Convention in practice, including, for example, information on the number and nature of infringements reported and the corresponding penalties imposed.

Repetition

Articles 1 and 2 of the Convention. Implementation of an active employment policy. In its previous comments, the Committee expressed the hope that the Government would soon be in a position to report progress in the formulation and implementation of an employment policy. In this regard, the Committee notes with interest the Government’s indications that Act No. 2015-040 of 9 December 2015 determining the orientation of the National Employment and Vocational Training Policy (PNEFP) has been adopted and is the subject of an awareness-raising campaign. It adds that the National Plan of Action for Employment and Training (PANEF) has been replaced by the Operational Plan of Action (PAO), which contains the various policy priorities implemented by the PNEFP. The Government indicates that the objective of the PNEFP, together with the implementation of the General State Policy (PGE), the National Development Plan (PND) and the Sustainable Development Objective (ODD), is to eradicate unemployment and underemployment by 2020 through the creation of sufficient numbers of formal jobs to absorb jobseekers. The PNEFP also has the goal of establishing a relevant information system on the labour market and vocational training and of designing and introducing a harmonized system of certification and training. The Government adds that four employment fairs were organized in December 2015 and that 1,119 young school-leavers were trained and integrated into small-scale rural occupations within the context of a partnership with UNESCO. Also in relation to employment promotion, the Government reports two “Rapid Results” initiatives of the Ministry of Employment, Technical Education and Vocational Training (MEETFP), which it indicates have been fully achieved. The first initiative focused on the matching of training and employment in 12 growth sectors. The second established a vocational training centre in the town of Andranofeno Sud with a view to employment generation. The centre provides training to around 100 students in six main areas: tourism, hotels and catering, agriculture and livestock, wood art and trades, automobile mechanics, construction and public works. The Government adds that 1,058 rural young school-leavers have been trained in 15 types of trades in several regions and that 59 persons with disabilities were trained by the National Training Centre for Persons with Disabilities (CNFPPSH) in the regions of Analanjirofo and Sava. The National Employment and Training Observatory has been transformed into the National Employment and Training Office. With regard to the upgrading of technical education and vocational training, the Government reports the rehabilitation in 2015 of five technical and vocational schools, 60 classrooms and the accreditation of 97 public and private technical establishments. The Government adds that four vocational training centres for women are now operational. The Committee requests the Government to continue providing information on any developments relating to the implementation of the National Employment and Vocational Training Policy, as well as on its impact on the employment rate and the reduction of unemployment, and on the transition from the informal economy to the formal economy. The Committee once again requests the Government to provide information to enable it to examine the manner in which the main components of economic policy, in such areas as monetary, budgetary, trade or regional development policies, contribute “within the framework of a coordinated economic and social policy” to the achievement of the employment objectives set out in the Convention. The Committee also requests the Government to provide updated information on the measures adopted or envisaged to create lasting employment, reduce underemployment and combat poverty, particularly for specific categories of workers, such as women, young people, persons with disabilities, rural workers and workers in the informal economy. In this regard, it requests the Government to provide further information on the types of training provided by the CNFPPSH to persons with disabilities.

Coordination of education and training policy with employment policy. The Committee notes with interest that, under the terms of section 2 of the PNEFP, its objective is the implementation of a policy for massive job creation and the promotion of vocational training. Section 10 of the PNEFP specifies that the policy includes in particular activities for employment creation, enterprise support, labour market mediation, the direct promotion of employment for young persons, women and vulnerable categories, the promotion of decent work and the extension of social security. In section 5, it establishes the right to training and qualifications irrespective of a person’s individual and social situation and educational level. The Committee further notes that section 46 calls for the creation of partnership between the State, territorial communities and technical and financial partners with a view to launching and financing employment promotion action for young persons, women and disadvantaged categories of workers. The Government indicates that the action taken for youth employment includes, on the one hand, the promotion of self-employment and traditional or informal enterprises and, on the other, support for integration into enterprises and traditional activities. The objectives of this action include support for young persons in their vocational projects and the reinforcement of financing capacities. The Ministry provides training to young persons with a view to promoting self-employment and the creation of small and medium-sized enterprises and industry. During the course of 2015 and the first half of 2016, training of this type was provided to 1,436 young persons from six regions. The Committee requests the Government to continue providing information on the results of the action taken to ensure the coordination of vocational education and training policy with employment policy. It once again requests the Government to indicate the results achieved through the implementation of these programmes in terms of the access of qualified young persons to lasting employment. The Committee further requests the Government to indicate the impact of the measures taken to promote the creation of small and medium-sized enterprises.

Compilation and use of employment data. The Government indicates that the Periodic Household Survey was commenced and then replaced by the global population census in light of the State’s priorities due to the significant increase in the population. However, it reports the preparation of a partnership project with the International Labour Office with a view to establishing a system of reliable databases on employment. The National Employment and Training Office will be responsible for the management of the system. The Government adds that in 2016 the MEETFP started to establish Regional Employment Services (SRIE) in Regional Departments, and that there are now SRIEs in nine Regional Departments and that they are responsible for managing the regional employment information system, which involves matching young jobseekers and enterprises. The Committee requests the Government to provide information on the progress achieved by the project in the establishment of a system of reliable databases on employment. It also requests the Government to provide further information on the impact of the SRIEs in relation to the compilation and use of employment data.

Article 3. Participation of the social partners in the formulation and implementation of policies. The Government indicates that a National Agreement on Employment and Vocational Training was concluded with the social partners in October 2015 and with enterprise groups in the five priority areas in November 2015. The Government also reports the conclusion of two other agreements including the social partners, namely the agreement on the financing of the Technical Support Team for the PNEFP and the agreement on the fund for its implementation. The Committee requests the Government to continue providing updated information on the consultations held with the representatives of the social partners on the subjects covered by the Convention. The Committee once again requests the Government to provide detailed information on the consultations held with the representatives of the most disadvantaged categories of the population, and particularly with the representatives of workers in rural areas and the informal economy.

Repetition

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 2 June 2015.

Article 3 of the Convention. Establishment of maximum weight for manual transport of loads. Further to its previous comments, the Committee notes with satisfaction the information provided in the Government’s report concerning the entry into force of Inter-Ministerial Order No. 50149/2009 of 8 December 2009, setting the maximum weight for the manual transport of any load by a single male adult worker at 50 kg. In this regard, the Committee notes SEKRIMA’s indication that many workers are unaware of the existence of the Order and that dissemination of it is necessary. The Committee requests the Government to send its comments on this matter.

Repetition

Article 5(2) of the Convention. Minimum period of service for holiday entitlement. With reference to its previous comment, the Committee notes the Government’s reply to the effect that, in practice, workers can take 2.5 days’ holiday for each month of completed work even before their total service amounts to the minimum 12-month period stipulated by section 88(1) of the Labour Code. The Committee therefore requests the Government to take the necessary measures without delay to bring the national legislation into line with the practice that is generally followed.

Article 9(1) and (3). Postponement and accumulation of paid holiday. In its previous comment, the Committee drew the Government’s attention to the fact that section 88(4) and (5) of the Labour Code is not in conformity with the provisions of the Convention. The Committee notes that the Government’s latest report does not provide any new information on section 88(5) of the Labour Code, under the terms of which workers have the possibility of accumulating their whole holiday entitlement over a period of three years preceding retirement. Recalling that Article 9 of the Convention provides that part of the holiday must be granted and taken each year, while the remainder may be postponed for a limited period, the Committee once again requests the Government to take the necessary measures to bring the legislation into conformity with the Convention on this point.

Article 12. Prohibition on relinquishing annual holiday for financial compensation. The Committee notes the observations from the General Confederation of Workers’ Unions of Madagascar (FISEMA), received on 2 September 2013 and forwarded to the Government on 19 September 2013. FISEMA indicates that, despite the comments made by the Committee on this point in 2009, the texts sent for examination by the National Labour Council (CNT) in March 2013 do not include any draft amendments of the provisions of section 88 of the Labour Code. FISEMA also reports that certain free-zone companies try to “buy back” their employees’ holiday but that the labour inspection services take no action. FISEMA indicates that human resource officers in certain companies are encouraging workers to “sell” their holidays, under the pretext of poverty and the demands of production. The Committee requests the Government to transmit any comments it wishes to make in response to the observations made by FISEMA.

Repetition

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), which were received on 17 September 2013.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that, according to the last National Survey on Child Labour (ENTE), more than one in four children in Madagascar between 5 and 17 years of age (28 per cent) work, namely 1,870,000 children. Most working children are in agriculture and fishing, where most of them are employed as family helpers. As regards children between 5 and 14 years of age, 22 per cent are working and 70 per cent attend school. The Committee also noted the allegations of the General Confederation of Workers’ Unions of Madagascar (CGSTM) that many underage children from rural areas are sent to large towns by their parents to work in the domestic sector under conditions that are often dangerous. Moreover, these children have not necessarily completed their compulsory schooling. The Committee previously noted that the National Plan of Action against Child Labour in Madagascar (PNA) was in its extension phase in terms of staffing, beneficiaries and coverage (2010–15). The Government indicated that the workplan of the National Council for Combating Child Labour (CNLTE) for 2012–13 had been adopted. The Government also reported on a number of projects, including the AMAV project against child domestic labour and the plan of action against child labour in vanilla plantations in the Sava region, which was implemented under the ILO–IPEC TACKLE project.

The Committee notes the observations of SEKRIMA stating that the practice of child labour persists in Madagascar. SEKRIMA also highlights a very high drop-out rate during the first five years of schooling.

The Committee notes the Government’s indications that the PNA has partly been implemented by mobilization activities under the AMAV project, particularly in the Amoron’i Mania region, with the display of four “Red card against child labour” billboards, the distribution of flyers on combating child domestic labour and awareness-raising activities concerning revision of the dina (local convention) in order to incorporate the issue of child domestic labour. Moreover, a total of 125 children between 12 and 16 years of age were withdrawn from domestic labour and trained for the competition to obtain a diploma. The Government also indicates that each year it celebrates the World Day Against Child Labour as a means of mass awareness raising while continuing to display posters in working-class neighbourhoods and hold discussions with parents, local authorities and social partners. It also mentions that there are currently 12 Regional Councils for Combating Child Labour (CRLTEs). The Committee further notes that the capacities of various entities for combating child labour have been reinforced, namely 50 entities involved in vanilla production in the Sava region and 12 in the Antalaha region, 91 members of trade union organizations, 43 journalists and three technicians of the National Institute of Statistics. Lastly, the Committee notes the Government’s indication that in 2014 the CNLTE revamped Decree No. 2007-263 of 27 February 2007 concerning child labour and Decree No. 2005-523 of 9 August 2005 establishing the CNLTE, its tasks and structure. Further to a study on hazardous work, 19 types of hazardous work were officially recognized in 2013 and incorporated into the Decree under adoption. While noting the measures taken by the Government, the Committee observes that the 2012 National Survey of Employment and the Informal Sector (ENEMPSI 2012) reveals that 27.8 per cent of children are working, namely 2,030,000 children. The survey also shows that 28.9 per cent of children between 5 and 9 years of age (83,000) and 50.5 per cent of children between 10 and 14 years of age (465,000) do not attend school. While welcoming the Government’s efforts to improve the situation, the Committee urges the Government to intensify its efforts to ensure the progressive elimination of child labour. It requests it to provide information on the results achieved by the implementation of the PNA and also on the activities of the CNLTE and CRLTEs. It requests the Government to provide a copy of the revised version of Decree No. 2007-263, once it has been adopted.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee noted that, according to UNESCO, the age of completion of compulsory schooling is lower than the minimum age for admission to employment or work. The Committee observed that the official age of access to primary education is 6 years and the duration of compulsory schooling is five years, meaning that the age of completion of compulsory schooling is 11 years. The Committee noted the CGSTM’s allegation that no changes had yet been made by the Government to resolve the problem of the difference between the age of completion of compulsory schooling (11 years) and the minimum age for admission to employment or work (15 years). The Committee noted the Government’s indication that the Ministry of Education was pursuing its efforts so as to be able to take measures to resolve the gap between the minimum age for admission to employment or work and the age of completion of compulsory schooling.

The Committee notes the Government’s indications that the Ministry of Education organized a “national education convention” in 2014 consisting of in-depth national consultations on the implementation of inclusive, accessible and high-quality education for all. However, the Committee notes with regret that the question of the age of completion of compulsory schooling has still not been settled and has remained under discussion for many years. It reminds the Government that compulsory schooling is one of the most effective means of combating child labour, and underlines the need to link the age for admission to employment or work to the age of completion of compulsory schooling, as established in Paragraph 4 of the Minimum Age Recommendation, 1973 (No. 146). The Committee observes once again that, as stated in the 2012 General Survey on the fundamental Conventions, if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (paragraph 371). Observing that the Government has been discussing this matter for ten years, the Committee urges the Government to take measures, as a matter of urgency, to raise the age of completion of compulsory schooling so that it coincides with the age of admission to employment or work in Madagascar. It requests the Government to provide information on the progress achieved in this respect.

Article 6. Vocational training and apprenticeships. Further to its previous comments, the Committee notes the Government’s indication that the Ministry of Employment, Technical Education and Vocational Training has prepared a bill on the national employment and vocational training policy (PNEFP) in collaboration with the ILO and in consultation with the social partners. The Government indicates that the bill is awaiting approval before being submitted to Parliament for adoption. The Committee requests the Government to take the necessary measures to speed up the adoption of the bill concerning apprenticeships and vocational training. It requests the Government to provide a copy of this legislative text once it has been adopted.

Repetition

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

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

Repetition

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), transmitted with the Government’s report. The Committee notes that the SEKRIMA reiterates its previous observations on the application of the Convention. The Committee once again requests the Government to provide its comments on this subject.

Article 3 of the Convention. Employment promotion for persons with disabilities in the public and private sectors. Since 2010, the Committee has been requesting the Government to provide information on the measures taken to promote the employment of persons with disabilities in the public and private sectors, and to provide information on the application of the Convention in practice (Part V of the report form). In its observations, the SEKRIMA notes that persons with disabilities experience difficulties with employment and accessibility, as the majority of administrative offices are still not accessible. It adds that measures intended to encourage enterprises to recruit persons with disabilities should be explicit and achievable. In this regard, the Committee notes that section 18 of Act No. 97-044, of 19 December 1997, on persons with disabilities, to which the Government refers in its report, provides that “through the adoption of promotional and monitoring measures, the State shall facilitate the recruitment of persons with disabilities in private and public enterprises”. Moreover, section 29 of Decree No. 2001-162 issued under Act No. 97 044 provides that the State shall encourage the rehabilitation, vocational training and recruitment of persons with disabilities in public and private enterprises. The Committee also notes that Decree No. 2001-162 provides for the establishment of a national commission for persons with disabilities empowered to issue decisions on all matters relating to the integration and social rehabilitation of persons with disabilities. The Committee once again requests the Government to provide precise and detailed information on the specific measures adopted with a view to promoting the employment of persons with disabilities in the public and private sectors. It invites the Government to provide detailed information on the activities of the National Commission for Persons with Disabilities and on the impact of its activities. The Committee also once again requests the Government to provide information on the application of the Convention in practice, including statistics (disaggregated by sex and age), extracts from reports, studies or investigations into issues covered by the Convention (Part V of the report form).

Article 4. Effective equality of opportunities and treatment for persons with disabilities. Since 2010, the Committee has been requesting the Government to provide information on the special positive measures taken with the aim of ensuring effective equality of opportunity and treatment for workers with disabilities. The Government refers once again to Act No. 2003-044, of 28 July 2004, issuing the Labour Code, and particularly section 105, which prohibits discrimination and provides that persons with disabilities have the right to work and to employment, to equality of opportunity and treatment in apprenticeship, vocational training and employment. The Committee requests the Government to provide detailed information on the special positive measures adopted to ensure effective equality of opportunities and treatment between workers in general and workers with disabilities, including information on the impact of these measures on the employment of persons with disabilities, including statistics disaggregated by economic sector and sex.

Article 5. Consultation of representative organizations. The Government indicates that no information has been received from the department responsible for the application of the Convention. The Committee notes with regret that it has been requesting the Government since 2010 to provide detailed information on the consultations held in relation to the matters covered by the Convention. It recalls that Article 5 of the Convention requires consultations with representative organizations of employers, workers and persons with disabilities. Furthermore, the Committee notes the observations of the SEKRIMA noting the absence of a representative organization of persons with disabilities. The Committee once again requests the Government to provide detailed information on the measures adopted to ensure that consultations are held on all of the matters referred to in Article 5 of the Convention, and to provide information on the outcome of these consultations.

Article 8. Development of services in rural areas and remote communities. The Committee noted previously that regional committees to monitor employment promotion and poverty reduction (CRSPERP) had been established in ten of the 22 regions of the country and that two regional centres for the vocational training of persons with disabilities had been established in the north-west and south of the country. The Committee once again requests the Government to provide detailed information on vocational rehabilitation and employment services, including the vocational guidance and training made available to persons with disabilities in rural areas and remote communities, as well as information on the impact of these services.

Article 9. Suitably qualified staff. The Committee once again requests the Government to indicate the measures taken in training centres to ensure the availability to those concerned of suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities.

Repetition

Articles 4 and 6 of the Convention. Health assessment – Workers declared unfit for night work. Further to its previous comment, in which it pointed out the absence of any legislative text giving effect to Articles 4 and 6 of the Convention, the Committee notes that the Government refers in its latest report to section 259 of the Labour Code concerning measures relating to cleanliness, occupational safety and health, comfort in the workplace, and preventive and remedial measures. The Government also indicates that in practice, where a night worker, for reasons of health, is certified as unfit for night work, the decision taken by the employer is to the benefit of the worker. However, the Committee recalls that Article 4 of the Convention provides that night workers shall have the right to undergo a health assessment without charge: before taking up an assignment as a night worker; at regular intervals during such an assignment; and if they experience health problems during such an assignment, which are caused by night work. Moreover, Article 6 stipulates that night workers certified as unfit for night work shall be transferred to a similar job for which they are fit or, if such a transfer is not practicable, they shall be granted the same benefits as other workers who are unable to work. The Committee therefore requests the Government once again to take steps, once the situation in the country allows it, to adopt the necessary laws, regulations or other texts to give full effect to these Articles of the Convention.

Articles 5, 7, 9 and 10. Suitable first-aid facilities – Maternity protection – Social services – Consultation of workers’ representatives. The Committee notes the observations received on 2 September 2013 from the General Confederation of Workers’ Unions of Madagascar (FISEMA), which were forwarded to the Government on 19 September 2013. FISEMA indicates that, further to the ratification of the Convention by the Government, no major amendment relating to night work has been brought into the national legislation. A draft decree concerning the conditions of night work, submitted to the National Labour Council in March 2013, is currently under examination but contains various gaps in relation to the provisions of the Convention, particularly as regards suitable first-aid facilities (Article 5), social services (Article 9) and consultation of workers’ representatives (Article 10). In its last report, as regards first-aid facilities and social services, the Government refers to Decree No. 2003 1162 concerning occupational medicine; Decree No. 2007-007 establishing employer arrangements for providing transport for night workers and ensuring their safety; and section 125 of the Labour Code concerning workplace leisure areas. The Government also indicates that the workers’ representatives concerned are consulted with regard to the organization of work schedules, and that staff delegates may submit suggestions and study together with the employer any measures relating to the organization and performance of the enterprise and the provisions of the company regulations. The Committee hopes that the Government, in the context of the drawing up of a decree concerning the conditions of night work, will ensure the full and effective application of the abovementioned Articles of the Convention.

Follow-up to the conclusions of the Committee on the Application of Standards (International Labour Conference, 105th Session, May–June 2016)

Repetition

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour. All forms of slavery or practices similar to slavery, and sanctions. Sale and trafficking. The Committee previously noted the extent of trafficking in persons, and particularly children, from Madagascar to neighbouring countries and the Middle East for the purposes of domestic servitude and sexual exploitation. It also noted that the Act against trafficking was not adequately enforced and had not resulted in any convictions. The Committee noted the adoption of Act No. 2014 040 of 20 January 2015 to combat trafficking in persons, of which sections 16 et seq. relate to offences against children under 18 years of age and establish penalties of forced labour for trafficking offences involving prostitution and penalties of from five to ten years of imprisonment and a fine of from 4 to 20 million Malagasy ariary (MGA) for trafficking for the exploitation of domestic work. The Act also establishes penalties of imprisonment of from five to ten years and a fine of from MGA2 to 10 million in the case of trafficking for forced labour and slavery-like practices. The Government also indicated that a National Bureau to Combat Trafficking in Persons has been established in accordance with section 48 of the Act and is responsible for the prevention and follow-up of action to combat trafficking, as well as for the harmonization and coordination of the competent services. The Committee also noted that a National Plan to Combat Trafficking in Persons, focusing on awareness-raising and training programmes to combat trafficking in persons, was validated in March 2015.

The Committee notes the Government’s indication in its report that the statistics on the cases dealt with by the Police for Morals and the Protection of Minors (PMPM) show that there was only one case of trafficking in persons in 2015. The Committee also notes that in 2016 the Government introduced the necessary infrastructure for the effective operation of the National Bureau to Combat Trafficking in Persons. It indicates that data on the activities of the Bureau are not yet available. Noting the absence of information in this regard, the Committee once again requests the Government to take the necessary measures to ensure the effective enforcement of Act No. 2014-040 and to provide information on the effect given in practice to this Act, including statistics on the number and nature of the offences reported, investigations, prosecutions, convictions and the penalties imposed in cases involving child victims. It further requests the Government to take the necessary measures to ensure that penalties against those guilty of trafficking children under 18 years of age are applied in practice.

Article 5. Monitoring mechanisms. Division for the Prevention, Abolition and Monitoring of Child Labour (PACTE). In its previous comments, the Committee noted the Government’s indication that the PACTE is the technical secretariat of the National Council to Combat Child Labour (CNLTE). The Committee also noted that Regional Child Labour Observatories (ORTEs) are the regional subdivisions of the PACTE and have general responsibility for the regional coordination, monitoring and evaluation of all action to combat child labour, identifying activities for this purpose and analysing the data gathered. The Committee noted that the ORTEs play a principal role in the implementation of the National Plan of Action to Combat Child Labour (PNA). However, the Government indicated that the ORTEs are experiencing staffing problems, with labour inspectors and controllers being unavailable or assigned to other duties, and therefore unable to devote themselves entirely to the ORTEs. The Government added that 74 labour inspectors have received training on action to combat child labour and that, in the context of the reinforcement of the monitoring of child domestic work, a training workshop for neighbourhood officials, known as fiantso, in the first-level territorial authorities (fokotany) was organized on conducting a census of child domestic workers in households with the objective of enabling the labour inspection services to carry out inspections under favourable conditions.

The Committee notes that the Conference Committee recommended the Government to collect and make available without delay information and statistics on investigations, prosecutions and penalties relating to the worst forms of child labour according to national enforcement mechanisms.

The Committee notes with concern the Government’s indication that the second phase of the work plan of the ORTEs has still not commenced due to the lack of budget, even though the project was launched in 2007. The Government indicates that no inspections have been carried out, and that the labour inspection services have not therefore been able to produce reports or documents indicating the extent and nature of offences relating to young persons involved in the worst forms of child labour. Noting that the ORTEs are essential in the implementation of the PNA, the Committee once again urges the Government to take the necessary measures to ensure that they are established and function effectively as soon as possible, and to provide information on the progress made in this respect. The Committee also requests the Government to reinforce the resources available to labour inspectors, particularly through the provision of the necessary means to enable them to combat child labour effectively. It requests the Government to provide information on this subject, including extracts from reports or documents indicating the extent and nature of the violations reported relating to children and young persons involved in the worst forms of child labour.

Articles 6 and 7(2). Programmes of action and effective and time-bound measures. Clauses (a) and (c). Preventing the engagement of children in the worst forms of child labour and access to free basic education for children removed from the worst forms of child labour. In its previous comments, the Committee noted that there are reported to be over 1 million children who do not attend school, which appears to be explained by the school fees now imposed in most public and private schools. The Government indicated that it established a programme for school attendance and reintegration 2014–18 with a view to taking action to reduce costs for parents, a national system of second chance courses (CRAN) for the reintegration of children under 16 years of age, and a programme of schooling support measures for young Malagasies (ASAMA), consisting of accelerated schooling for the insertion and reintegration of young persons between 12 and 15 years of age. The Committee however noted that the net school enrolment rate in primary school was 69.3 per cent, and that the rate was 30.4 per cent for secondary school.

The Government indicates that the Ministry of National Education (MEN) is currently engaged in two main types of action to increase the enrolment rate in secondary school. These include, firstly, the continuation of the ASAMA programme, which resulted in the establishment in 2015 and 2016 of ASAMA centres in the capital and in the regions of Antsinanana, Amoron’i Mania and Analanjirofo. These centres, which are intended for young persons between 11 and 17 years of age, are intended to assist children in their reintegration into the school system for an intensive ten-month course. The second type of action taken by the MEN has been the establishment of school canteens in four regional national education departments. The Government indicates that the provision of meals every day to students is a means of combating school drop-outs and reducing costs for families. While noting the efforts made by the Government, the Committee recalls that education contributes to preventing the engagement of children in the worst forms of child labour and requests the Government to continue its efforts to improve the operation of the education system in the country. In this regard, it requests the Government to continue providing information on the time-bound measures taken to increase the school enrolment rate and reduce the school drop-out rate, in both primary and secondary school.

Clause (d). Children at special risk. Child HIV/AIDS orphans. In its previous comments, the Committee noted that, according to the estimates of the Joint United Nations Programme on HIV/AIDS (UNAIDS), the number of HIV/AIDS orphans has risen to around 11,000 children, compared with 3,400 in 2008.

The Committee notes the Government’s indication that, due to the stigmatization that exists in Madagascar concerning HIV/AIDS, it is difficult to assess the number of HIV/AIDS orphans. It notes that 624 persons living with HIV/AIDS were provided with psychosocial support in 2014. The Government adds that the Ministry of Population, Social Protection and the Protection of Women carries out training for the various actors responsible at the regional level, such as associations, shelters for vulnerable children and villages. This training includes awareness-raising on HIV/AIDS, discrimination and stigmatization, and care for HIV/AIDS orphans. The Government also indicates that, with a view to removing the families of persons living with HIV/AIDS from vulnerability, equipment has been given to certain families, such as ice and pasta-making machines, pirogues and freezers, so that they can engage in income-generating activities. Recalling once again that HIV/AIDS has negative consequences for orphans, who are at greater risk of being engaged in the worst forms of child labour, the Committee requests the Government to pursue its efforts to prevent these children from being engaged in the worst forms of child labour. It once again requests the Government to provide information on the results achieved.

Article 8. International cooperation. The Committee previously noted that the National Development Plan (PND), the successor to the Madagascar Action Plan (MAP), is an instrument for reducing poverty, stimulating growth and ensuring the development of the country. It consists of the same four priority categories for action as the MAP, namely the commercial sexual exploitation of children and related activities, child domestic labour, child labour in mines and stone quarries, and child labour in hazardous and unhealthy conditions in the rural and urban sectors. The Committee also noted that the Government, with the support of UNICEF and the World Bank, approved its first National Social Protection Policy, as part of the PND, in September 2015, with the objectives of protecting children, families and the most vulnerable communities, ensuring access to essential services and helping them to assert their rights.

The Committee notes the Government’s indication that various measures have been adopted within the context of the PND in an effort to reduce poverty. However, the information provided by the Government is too general and does not include details on the content of these measures, or the results achieved. Nevertheless, the Government indicates that, in the context of the implementation of the National Social Protection Policy, funding has been provided to the Government by the World Bank with a view to the elimination of the worst forms of child labour. As a result, 6,500 households, with 5,850 children, have benefited from cash transfers for human development, and 39,000 other households will benefit from such transfers. The Committee also notes the new technical cooperation project, in collaboration with the ILO and financed by the United States Department of Labor, to address child labour in the vanilla plantations. The project will provide livelihood services to households whose children are engaged in child labour in the vanilla plantations. It will also work with vanilla stakeholders to implement the new vanilla Exporters’ Code of Conduct to eliminate child labour in the vanilla sector. Recalling that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee once again requests the Government to continue taking the necessary measures to ensure that the PND is implemented in such a way as to further the elimination of the worst forms of child labour, particularly for the four priority categories for action. The Committee once again requests the Government to provide information on the progress made in this respect and the results achieved. It also requests it to provide information on the results achieved in terms of the elimination of the worst forms of child labour through the implementation of the National Social Protection Policy. The Committee requests the Government to provide information on the implementation of the technical cooperation project and on the progress achieved in this regard.