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

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Madagascar (Ratification: 1998)

The Committee notes the observations of the Randrana Sendikaly Alliance, received on 19 October 2022, which are addressed in the framework of the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87).

The Committee also notes that the Government has not responded to the 2021 observations of the Autonomous Trade Union of Labour Inspectors (SAIT) alleging anti-union discrimination measures against its members. The Committee once again requests the Government to provide its comments in this respect.

In its previous comments, the Committee noted the Government’s response to the 2015 and 2017 observations of the International Trade Union Confederation (ITUC) and the Christian Confederation of Malagasy Trade Unions (SEKRIMA) alleging acts of anti-union discrimination in various sectors and, emphasizing the persistence of the alleged situation, the Committee requested the Government to continue to provide information in this regard. Noting with regret that the Government has not provided the requested information, the Committee reiterates its request that the Government ensure that all the events reported are the subject of investigation by the public authorities and, if acts of anti-union discrimination have been committed, they will give rise to full compensation for the damage suffered and to the imposition of penalties that constitute an effective deterrent.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee previously requested the Government to provide information on the number of cases of anti-union discrimination examined by the labour inspection services and labour courts, and on the corresponding penalties actually applied by these institutions. The Committee notes the Government’s indication that the labour inspection services categorize cases of anti-union discrimination as labour relations infringements and it does not know the exact number of anti-union discrimination cases examined by the regional labour services and the labour courts. Recalling the fundamental importance of ensuring effective protection against anti-union discrimination, the Committee requests the Government to take the necessary measures to gather the requested information on the number of cases of anti-union discrimination examined by the labour inspection services and the labour courts, as well as the penalties imposed in those cases.

Articles 1, 2, 4 and 6. Public servants not engaged in the administration of the State. In its previous comments, the Committee had underlined the need to adopt formal provisions clearly recognizing the protection of all public servants and public sector employees not engaged in the administration of the State against acts of anti-union discrimination and interference and their right to bargain collectively their conditions of employment. The Committee notes the Government’s indications that it is currently working on the draft General Statute on Public Servants and the draft General Statute on contractual public employees, which generally provide for equal treatment of civil servants and contractual public employees. The Committee expects that the above-mentioned draft legislation will be adopted in the near future and will contain provisions providing for protection against anti-union discrimination and interference and the right to collective bargaining for all civil servants and public sector employees not engaged in the administration of the State, in accordance with the Convention. The Committee requests the Government to provide information on the progress made in this respect, and recalls that it may avail itself of the technical assistance of the Office, if it so desires.

Article 4. Promotion of collective bargaining.Collective bargaining in sectors subject to privatization. The Committee had previously noted the information provided by the Government on the situation of collective agreements in the energy sector, particularly that of the Malagasy Electricity and Water Company (JIRAMA), the revision of which is reportedly in progress, and the observations of SEKRIMA alleging that privatizations have resulted in the collective agreements in force being discarded. The Committee had therefore requested the Government to take the necessary steps to promote the full use of collective bargaining mechanisms in privatized sectors. The Committee notes that the Government merely indicates that the revision of the JIRAMA collective agreement can be transferred to the competent court. The Committee reiterates its request that the Government take all the necessary steps to promote the full use by the parties concerned of collective bargaining mechanisms in privatized sectors, including the energy sector, and requests the Government to provide information on any progress made in this regard.

Collective bargaining for seafarers. In its previous comments, the Committee had noted that the Labour Code excluded maritime workers from its scope of application and had expressed the expectation that the Government would be able to report shortly the adoption of the new Maritime Code that was due in May 2018; and that the Code would recognize for these workers the rights enshrined in the Convention. The Committee notes that the Government merely indicates that it has drawn up the draft Maritime Code. The Committee also notes that, according to the Government’s report on the Collective Bargaining Convention, 1981 (No. 154), a draft new Labour Code is currently pending adoption. Recalling that the Government has been referring to the draft Maritime Code since 2008, the Committee urges the Government to take the necessary measures to ensure, in the context of the reforms underway, that national legislation contains provisions giving full effect to the Convention in respect of maritime workers. The Committee requests the Government to provide information on any developments in this respect, as well as a copy of the draft Maritime Code and the draft new Labour Code.

Promotion of collective bargaining in practice. The Committee previously requested the Government to provide information on collective bargaining in practice. Noting that the Government has not provided the requested information, the Committee once again asks the Government to provide information in the measures taken to promote collective bargaining and to indicate the number of collective agreements concluded in the country, the sectors concerned and the number of workers covered by these agreements.

In view of the ratification by Madagascar of Convention No. 154 in 2019, the Committee expects that the Government will take concrete measures to promote collective bargaining as requested in the different sections of this comment.