Effect given to the recommendations of the committee and the Governing Body - Report No 335, November 2004

Case No 2132 (Madagascar) - Complaint date: 28-MAY-01 - Closed

Effect given to the recommendations of the Committee and the Governing Body

1. 127. The Committee last examined this case at its November 2003 meeting [see 332nd Report, paras. 98-104]. On that occasion, the Committee requested the Government: (1) to state if section 1(3) of Decree No. 2000-291 of 31 May 2000, requiring trade unions to provide the Government with a list of their members, a copy of their by-laws and the names of their serving officers, had effectively been abrogated; (2) should it still be in force, to provide the Committee with a copy of Decree No. 97-1355, under the terms of which the social partners may not engage in collective bargaining without the authorization of the Ministry for the Development of the Private Sector and Privatization; and (3) to keep the Committee informed of any measures taken “to ensure that the representativity of trade unions is based on precise and objective legal criteria” [see 332nd Report, paras. 103-104].
2. 128. In a communication dated 25 May 2004, the Government responds to the Committee’s requests, reiterating the terms of a letter dated 5 September 2003, which was transmitted to the Committee as a part of its communication dated 3 October 2003, in which the Government announced in general terms that social dialogue had been resumed. In its communication dated 25 May 2004, the Government states that: “following the effective resumption of the social dialogue, all relations with social partners, within a tripartite framework, have been re-established against a background of mutual understanding (finalization of the draft Labour Code, text to the Senate, implementation of the new National Employment Council ...)”.
3. 129. The Committee takes note of this information. Noting that, in September 2004, the Government and the social partners received technical assistance from the ILO in the fields of representativity and freedom of association, the Committee requests the Government to keep it informed of any measures taken “to ensure that the representativity of trade unions is based on precise and objective legal criteria” [see 332nd Report, para. 103]. Furthermore, the Committee reiterates two requests it formulated during its November 2003 meeting to which the Government has not yet responded. The Committee therefore requests the Government: (1) to state if section 1(3) of Decree No. 2000-291 of 31 May 2000 has effectively been abrogated; and (2) to provide the Committee with a copy of Decree No. 97-1355, should that decree still be in force.