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

Employment Policy Convention, 1964 (No. 122) - Madagascar (Ratification: 1966)

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The Committee notes the observations of the General Confederation of Workers’ Unions of Madagascar (FISEMA) and the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE), received on 1 September 2022. The Committee also notes that the Government’s report contains observations attributed to FISEMA but that the latter are identical to the above-mentioned observations of FISEMARE and that FISEMA indicates in its observations that it did not receive the Government’s report. The Committee requests the Government to communicate its comments on the observations received by the social partners.

Articles 1 and 2 of the Convention. Implementation of an active employment policy. In its previous comments, the Committee noted 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) had been adopted with an Operational Plan of Action (PAO) containing the various policy priorities for the implementation of the PNEFP. In its report submitted in August 2022, the Government indicates that achievements under Act No. 2015-040 on the PNEFP and its PAO are being approved and that a new policy is being developed in collaboration with the stakeholders. The Government adds that the recent main achievements under the PNEFP are: operationalization of steering and coordination partnership committees; establishment of a vocational skills information monitoring system; upgrading of the centres for technical and vocational education and training/skills development; establishment of the National Malagasy Certification Framework; training of ministry officials in Competency-Based Approach (CBA) engineering and training of trainers. With regard to the impact of the PNEFP on employment and unemployment rates, the Government indicates that a periodic household survey is currently being carried out. The Government adds that, according to the third General Census of Population and Habitat, conducted in 2018, the unemployment rate remains low, despite a rise of 0.4 percentage points compared to 2010 (that is 4.2 per cent in 2018 compared to 3.8 per cent in 2010). With regard to the impact of the PNEFP on the transition from the informal to the formal economy, the Government notes that the latest National Survey on Employment and the Informal Sector dates back to 2012, which is before the adoption of the Act on the PNEFP. In 2012, 95.1 per cent of jobs were in the informal sector. In 2020, the National Employment and Training Office (ONEF), in cooperation with the ILO, performed a diagnostic of the informal economy in the construction sector, a priority sector according to the PNEFP. According to this study, which involved 62 enterprises in three regions of the country, while 76.3 per cent of enterprises in the construction sector are “formal”, 43.5 per cent of workers in these enterprises are informally employed. With regard to the economic policy of Madagascar and its contribution to the employment objectives as set forth by the Convention, the Government indicates that information in this regard was not transmitted by the departments concerned. With respect to the measures taken or envisaged to create lasting employment among specific categories of workers, the Government indicates that, as part of the implementation of the Initiative for Development in Madagascar (IEM) and in line with the will of the Malagasy State to promote entrepreneurship and job creation for vulnerable persons, the Ministry of Labour, Employment, the Public Service and Social Laws (MTEFPLS), in collaboration with its technical and financial partners, has initiated the following projects and programmes: the monitoring plan for the road map on capturing the demographic dividend; an empowerment programme for vulnerable women; the creation of an internship center; vocational training for young baccalaureate holders and for those in the final year of high school; the Sera ben’ny asa program; and employment forums. Furthermore, the National Vocational Training Centre for Persons with Disabilities provides two types of training: professional training leading to qualification (FPQ) and apprenticeships in core occupations (AMB). In 2021, 191 persons with disabilities were trained through FPQ and 2,085 persons with disabilities were trained through AMB.

With regard to the observations of the social partners, the Committee notes that FISEMA denounces the absence of an employment promotion policy in Madagascar. It observes that the 2015 PNEFP and the texts adopted subsequently, in particular the PAO, have been suspended or even abandoned. It considers that there is a significant delay in issuing a replacement document. The Committee also notes that FISEMARE, while acknowledging the establishment of an employment and vocational training policy, points out that this policy has not had the expected impact on the unemployment rate and the informal economy. FISEMARE indicates that there is still a mismatch between training provision and the job market, that persons in positions of responsibility are poorly qualified and that the matter of poverty is far from resolved. According to FISEMARE, the employment policy must be implemented and subject to periodic monitoring that will result in amendments to the policy where needed.

The Committee recalls that the objective of the Convention is to stimulate economic growth and development, raise levels of living, meet manpower requirements and overcome unemployment and underemployment through the application of an active policy designed to promote full, productive and freely chosen employment (Article 1 of the Convention) (see the 2020 General Survey on promoting employment, paragraph 39). In this regard, the Committee once again requests the Government to provide information to enable it to examine the manner in which the main components of the country’s 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. In addition, the Committee requests the Government to provide information on the results of surveys, studies and other work, regarding the impact of the PNEFP, adopted in 2015, on employment, unemployment and the transition towards the formal economy. In addition, the Committee requests the Government to provide a copy of the periodic household survey, mentioned in its report, once it has been completed. The Committee also requests the Government to continue to provide updated information on any measures implemented to reduce unemployment and underemployment, create lasting jobs for specific categories of workers, such as women, persons with disabilities, rural workers and young persons, and to ensure the transition of the informal to the formal economy. Further, the Committee requests the Government to continue to provide information on the training delivered by the national vocational training centre for persons with disabilities. With regard to the new employment policy, which is currently being developed, the Committee requests the Government to provide information on the progress made in its preparation. The Committee reminds the Government that it may avail itself of the technical assistance of the Office in this regard.

Coordination of the education and training policy with the employment policy. With regard to the results of the actions taken to ensure the coordination of vocational education and training policy with employment policy, the Government indicates that it has developed various programmes and objectives in order to capture the demographic dividend in Madagascar. In particular, the Government has: set up a system of validation of skills and experience; strengthened the structures for training trainers; established a system of partnership with enterprises for the revision of training curricula; and developed vocational training for young persons who are out of school in centres for socio-economic promotion. With respect to the results achieved by the implementation of these programmes in terms of access of qualified young persons to lasting employment, the Government indicates that the departments involved have not provided the information requested. The Government also indicates that the relevant departments have not provided the information requested concerning the impact of the measures taken to promote the creation of small and medium-sized enterprises. The Committee requests the Government to indicate how the objective of coordination of the education and training policy with the employment policy will be taken into account in the new employment policy that is being drawn up. It once again requests the Government to provide information on the results achieved through the implementation of the coordination programmes for these policies in terms of access for qualified young persons to lasting employment. The Committee once again 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. In its previous report, the Government referred to a partnership project with the ILO relating to a system of databases on employment and indicated that it had started to establish a Regional Employment Service (SRIE). With regard to the system of databases, the Government indicates that an order was issued in 2018 establishing a Vocational Training and Labour Market Information System (SIMTFP). However, following financial difficulties encountered by ONEF and a change in the organizational structure of the competent ministry, the operationalization of the SIMTFP, initiated with the help of the Office, has been suspended. ONEF currently plans to set up a digital platform, named e-KANDRA, to help to match job supply and demand, and to ensure the circulation of information in the labour market. With regard to the implementation of the SRIE, the Government indicates that it has been operational in five regions. The Government considers that the SRIE has facilitated the collection and use of employment data. In particular, the use of an application has made it possible to gather information and transmit it to ONEF for processing and analysis. However, the application only worked for one year because, as the operating budget of the SRIE was cut due to COVID-19, its hosting was discontinued. The MTEFPLS is currently looking for ways to relaunch and develop the SRIE. The Government highlights that ONEF has also carried out several studies on employment since 2018, in particular on: the situation of young people in the labour market, the participation of women in working life and at decision-making levels, the employability and inclusion of persons with disabilities, child labour, the indicators of Sustainable Development Goal 8 for decent work, the informal economy in the construction sector, skills demand in the tourism, hotels and catering sector, and the lack of and opportunities for decent work in the textile value chain. The Government has not transmitted these studies nor the information they contain. The Committee notes that the data available to the ILO Statistics Department (ILOSTAT) for Madagascar date back to 2015. The Committee requests the Government to continue to provide detailed and up-to-date information on the measures taken to gather data on the labour market and use them to implement or review employment policy. In this respect, it invites the Government to provide further information on the e-KANDRA digital platform project, as well as on a possible relaunch of the Vocational Training and Labour Market Information System (SIMTFP) and the Regional Employment Service (SRIE). The Committee also requests the Government to provide copies or extracts of reports, surveys, studies and up-to-date statistical information on the labour market trends, particularly on employment, unemployment and visible underemployment, disaggregated by sex and age.

Article 3. Participation of the social partners in the formulation and implementation of policies. The Government indicates that the two structures for developing the new national employment policy – the coordination unit and the technical implementation committee – include employers’ and workers’ representatives. More specifically, the coordination unit is composed of: two representatives of the Ministry of Technical Education and Vocational Training (METFP), two representatives of the MTEFPLS, one representative of the Prime Minister’s Office, one representative of the Ministry of the Economy and Finance, two employers’ representatives and two workers’ representatives. The main task of the coordination unit is to outline the relevant points of the reform, enforce the deadlines set for the road map, and act as an intermediary between the members of the technical implementation committee and its consultants. The technical implementation committee is composed of: two representatives of the METFP, two representatives of the MTEFPLS, one representative of the Ministry of the Population, one representative of the Ministry responsible for young persons, five representatives of the sectoral ministries, two employers’ representatives and two workers’ representatives. The task of the technical implementation committee is to collect and analyse official documents, as well as information and observations from the stakeholders, and to subsequently prepare interviews and meetings, before consolidating the data gathered and supporting the development of the national policy document, while ensuring similar procedures as those for other existing reference texts. The Government also indicates that, during the broader national consultation on the reform of the Labour Code, representatives of persons with disabilities were invited and took part in the discussions. A representative trade union for persons with disabilities also took part in the discussions on the reform of the Civil Servants Regulations. The Government has not, however, provided any information concerning the consultations held on the employment policy with representatives of the most disadvantaged categories of the population, particularly the representatives of workers in rural areas and the informal economy. With regard to the observations of the social partners, the Committee notes that FISEMA regrets that the consultation with the social partners on employment policy issues is not carried out within the National Labour Committee, that is, namely the body for tripartite consultation with the social partners on employment matters. FISEMA observes that the disfunctioning of the National Labour Committee prevents proper information and evaluation of Government action on employment matters, and that the existence of separate ministerial departments for employment and vocational training makes this work even more complex. FISEMA notes that requests for support for jobs affected by the COVID-19 pandemic have been rejected by the Government.

The Committee recalls that the Government is bound to consult representatives of employers and workers in order to take full account of their experience and views and secure their full cooperation in formulating such policies (Article 3 of the Convention) (see the 2020 General Survey on promoting employment, paragraph 94). The Committee notes, however, the disagreement between the Government and some of the most representative social partners concerning the manner in which national employment policy is designed and implemented. The Committee considers that in the absence of an effective dialogue among all interested parties, as required by the Convention, its proper implementation, which is already very complex, is made even more challenging or could be totally compromised. The Committee therefore requests the Government to provide information showing how the objectives of the Convention are pursued by properly involving the representatives from all interested parties, in particular in the context of the development of the new national employment policy. In this regard, it 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.

Part VII of the report form. Representative organizations consulted. The Committee notes the Government’s indication that it consulted the representative workers’ and employers’ organizations at a workshop to present and approve the report, held from 3 to 5 August 2022. The Government specifies that it sent a copy of the report to the Group of Enterprises of Madagascar (GEM) and to Fivondronan’ny Mpandraharaha eto Magagasikara (FivMpaMa) (for the employers’ organizations), as well as to FISEMARE, FISEMA and the Christian Confederation of Malagasy Trade Unions (SEKRIMA) (for the workers’ organizations). FISEMA notes, however, that it did not receive the Government’s report. The Committee recalls that, in accordance with Article 23(2) of the ILO Constitution, the Government is bound to communicate the report to the representative organizations and requests the Government to provide its comments on FISEMA’s observation that it did not receive the Government’s report.