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

Employment Service Convention, 1948 (No. 88) - Madagascar (Ratification: 1998)

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The Committee notes the observations of the General Confederation of Workers’ Unions of Madagascar (FISEMA), received on 1 September 2022. The Committee requests the Government to provide its comments in this regard.

Articles 4 and 5 of the Convention. Cooperation with the social partners. The Government reiterates that the Ministry of Labour, Employment, the Civil Service and Social Legislation (MTEFPLS) is working closely with the social partners, other ministries and the private sector to develop, apply, monitor and supervise the National Employment and Vocational Training Policy (PNEFP) and its Implementation Plan (PMO), along with other programmes and activities implemented to promote employment. The Government indicates that the update of the PNEFP is “pending implementation” and that the MTEFPLS has launched and put into effect a number of employment promotion programmes, such as “Sera ben'ny asa”, a job fair held since 2019 in three regions of Madagascar to bring together employers and jobseekers. The Government has also developed a “vocational guidance caravan”, in collaboration with a private enterprise and the Platform of Integration and Guidance Coaches (CIO), together with young entrepreneurs. Finally, the Government has introduced the internship office to make it easier to secure internships in enterprises. The internship office was set up with the support of the Industrial Trade Union of Madagascar (SIM) and a private enterprise. Regarding the request by the Christian Confederation of Malagasy Trade Unions (SEKRIMA), in its observations of March 2018, to establish a national employment council, the Government indicates that the MTEFPLS has been working since early 2022 on a plan to revise the Labour Code, which provides for the establishment of a National Labour and Employment Council (CNTE). The Government indicates that the revision of the Labour Code is being carried out in close collaboration with the representative organizations of employers and workers, which were consulted during the following periods: 22–26 March 2021, 21–24 September 2021 and between January and April 2022. Regarding the social partners’ most recent observations, received in September 2022, the Committee notes the regret of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE) that the social partners are consulted on employment service matters in workshops rather than within the National Labour Committee (CNT), the tripartite body for social partner consultation on employment matters. The FISEMA maintains that the social partners should be consulted through the CNT, the legal framework of which gives greater effect to the dialogue mechanism than the workshops in which the social partners are generally invited guests, called upon to approve the Government’s proposals.

The Committee reiterates that the existence of a nationally agreed employment policy is the backbone of any public employment service, as it gives the public service its legitimacy and the institutional, human and financial resources that such an entity requires to achieve its objectives and fulfil its mandates. In addition to being anchored in a clear national policy, an organizational structure and governance system that maximizes the cooperation of the social partners is central to the success of the public employment service. The Committee recalls in this regard that Articles 4 and 5 of the Convention require suitable arrangements to be made through advisory committees for the cooperation of representatives of employers and workers in the organization and operation of the employment service and requests the Government to provide further information on the relevant measures taken at the national level and, where appropriate, at the regional and local levels. In this regard, the Committee recalls that it previously noted the establishment of steering and coordination partnership committees at the national level (CN2PC), the regional level (CR2PC) and the sectoral level (CS2PC), for the development of the National Employment and Vocational Training Policy (PNEFP). The Committee notes with regret that the Government fails to mention these committees in its most recent report and to provide detailed information on the framework for consultation with the social partners on the implementation, monitoring and supervision of the PNEFP, and on any other employment promotion programmes and activities. The Government is therefore requested to provide full information in its next report on the manner in which effect is given to the provisions of Articles 4 and 5 of the Convention.

Article 6. Effective organization of the employment service. The Government reiterates that the Regional Employment Information System (SRIE) provides a database enabling improved employment intervention at the local level, particularly as regards training and matching applications for employment and vacancies. The Government indicates that, following a ministerial reorganization in 2017, the MTEFPLS is now responsible for implementing the SRIE, rather than the Ministry of Technical Education and Vocational Training. Following the reorganization, five regions now form part of the SRIE, instead of the originally planned eight. It should also be noted that the SRIE is currently undergoing a reorganization. The MTEFPLS has undertaken a number of initiatives to raise awareness among workers of the services offered by the SRIE, including: media outreach, holding open days, and once again hosting the SRIE within the Communications Technology Regulatory Authority (ARTEC). The Government reports that, in 2021, the SRIE registered 23,041 applications for employment (11,186 from men, or 48.55 per cent, and 11,855 from women, or 51.45 per cent). Unsuccessful applications numbered 4,334. The Committee understands that, among the jobseekers, 5,133 were under 25 years of age, 13,426 were between 25 and 35 years of age and 4,485 were over 35 years of age. The Committee requests the Government to continue to provide updated and detailed information on how the Regional Employment Information System (SRIE), and any other systems introduced or under development, contribute to an improved organization of the labour market. More generally, the Committee requests the Government to provide detailed information on how the employment service implements the objectives set out in Article 6(a) to (e) and to continue to provide up-to-date statistics, disaggregated by sex and age, on the number of applications for employment received, the vacancies notified and the placements made.

Article 8. Special arrangements for young persons. The Government indicates that in 2021, 1,873 young persons participated in targeted training and integration programmes. Of these, 285 young persons went on to establish their own income-generating activity. The Government adds that the Ministry of National Education (MEN) has implemented a national campaign for the educational and/or socio-occupational integration and reintegration of children who have dropped out of school. The aim is to enable these children to acquire the basic skills needed to enter vocational training. In 2014, this national campaign aimed to reintegrate 500,000 children. The MEN has also introduced a national refresher course scheme (CRAN) for the reintegration of children under 16 years of age, at primary and lower secondary school levels. As regards adapting education and training programmes to the future needs of the employment market, the Government indicates that the MTEFPLS has established the internship office, which enabled a partnership agreement to be signed with public and private universities in August 2021. The Government has other plans targeting young people, including: (i) providing ten years’ compulsory public education, with every child obtaining a general secondary education certificate by the minimum working age; (ii) providing broad access to technical and vocational education, along with quality training adapted to the sectoral needs of growth areas; and (iii) developing the employability of students at the end of their higher education studies. These measures will be financed by the creation of a national education fund. The Committee requests the Government to continue to provide information, including statistical information, on programmes for young persons, on the number of young persons who have participated in such programmes and on their impact in terms of obtaining lasting employment. The Committee also requests the Government to continue to indicate the arrangements made to take into account changing expectations in the economy and to adapt education and training programmes to future employment market needs. The Committee requests the Government to provide information on their implementation and impact on youth employment.

Article 9. Staff of the employment service. The Government indicates that, in December 2018, the MTEFPLS provided training on the adaptability of the Implementation Plan (PMO) and the National Employment and Vocational Training Policy (PNEFP) at the regional level. The training was aimed at the 22 heads of regional employment services and the heads of department and central directors of the General Directorate for Employment Promotion (DGPE) (formerly General Directorate for Employment). The aim of this training was to optimize the DGPE’s activities in applying the PNEFP and the PMO at the regional level. In September 2019, all DGPE staff and the heads of regional employment services received training on the Initiative for the Emergence of Madagascar (IEM). The aim of the training was to enhance the knowledge of employment staff about their mission and to optimize and ensure the sustainability of initiatives to promote decent employment. The Government has not provided information on the number of participants in the training courses. Regarding the total number of staff assigned to employment services, the Government indicates that there are 171 staff (66 at general directorate level and 105 at regional service level). Observing that having a sufficient number of trained human resources is an important factor in the success of the employment service, the Committee requests the Government to continue to provide updated information on the number and training of public employment service staff, the frequency of such training, its content and its impact, in particular on reinforcing the capacity of the public employment services in the discharge of their duties. The Committee reiterates its request to the Government to provide information on the number of participants in the training courses.

Article 11. Collaboration with private employment agencies. The Committee notes that in June 2015 the Government revoked the certifications of private employment agencies (Decision No. 20.308/2015/MEETFP revoking the certifications of employment agencies). The Government indicates that it took this measure following a number of complaints of mistreatment of Malagasy workers abroad. The Committee notes with interest that the Government subsequently ratified the Private Employment Agencies Convention, 1997 (No. 181), in 2019. The Government indicates that, despite the revocation of the certifications of private employment agencies, the MTEFPLS is currently bringing national legislation into line with the provisions of Convention No. 181. This involves, among other things, revising the Labour Code and drafting a handbook of procedures for Malagasy migrant workers leaving the country. Following a tripartite national dialogue on migration, a new roadmap on migration was also developed in 2021, with the aim of improving the management and coordination of migration-related activities. Having noted the revocation of the certifications of private employment agencies in Madagascar and the process under way to bring national legislation into line with the Private Employment Agencies Convention, 1997 (No. 181), recently ratified by the Government, the Committee requests the Government to provide updated information on the measures adopted or envisaged to promote cooperation between the public employment service and private employment agencies.

Part IV of the report form. Representative organizations consulted. The Government indicates that it consulted representative organizations of employers and workers at a workshop held from 3 to 5 August 2022 to present and approve the report. The Government indicates that it sent copies of the report to the Madagascar Chamber of Commerce (GEM) and the Fivondronan'ny Mpandraharaha Malagasy (FIVMPAMA), for the employers’ organizations, and to the FISEMARE, the FISEMA and the SEKRIMA, for the workers’ organizations. However, the FISEMA observes that it did not receive the Government’s report. The Committee reminds the Government that, in accordance with article 23, paragraph 2, of the ILO Constitution, it is required to communicate the report to the representative organizations.The Committee requests the Government to provide its comments on the FISEMA’s observation that it did not receive the Government’s report.