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

Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Madagascar (Ratification: 1998)

Previous comment

The Committee notes the observations of the General Confederation of Malagasy Trade Unions (FISEMA), received on 1 September 2022. The Committee requests the Government to provide its comments in this respect.

Articles 2 and 3 of the Convention. National policy on employment of persons with disabilities. Employment promotion for persons with disabilities in the public and private sectors. The Committee notes the Government’s indications on the main policies, regulations and measures adopted to promote the employment of persons with disabilities. In particular, the Government states that a preliminary bill on the General Public Servant Regulations is being drawn up, requiring the public administration to facilitate access to the workplace for persons with disabilities. Implementing regulations are to be adopted to meet this obligation. The Government also indicates that a Service Assisting Older Persons and Persons with Disabilities (SAPAPH) exists within the Ministry of the Population, Social Protection and the Promotion of Women, which works with associations and centres specializing in the rights of persons with disabilities. With regard to the National Vocational Training Centre for Persons with Disabilities (CNFPPSH), the Government points out that, in 2022, there were four training centres for persons with disabilities: the Antananarivo Centre, established in 2010; the Majunga Centre, established in 2011, training 144 people; the Tuléar Centre, established in 2011, training 44 people in cutting and sewing; and the Sambava Centre, established in 2019, training 14 people in IT. As to the National Commission for Persons with Disabilities, the Government indicates that, as it encountered difficulties during its implementation, an Inter-Ministerial Committee was created to fulfill its function, namely, to rule on all issues relating to the integration and reintegration of persons with disabilities. The Inter-Ministerial Committee has drawn up a National Disability Inclusion Plan (PNIH). Regarding statistics on the matters covered by the Convention, the Government reports that the labour force participation rate of the population with disabilities is 53 per cent (58.4 per cent for men and 46.9 per cent for women). The Committee observes that this rate is relatively low compared to that of persons without disabilities, which is 73.1 per cent.

While taking due note of the information on the development of the PNIH, the Committee recalls that the main purpose of the Convention is the adoption of an inclusive national policy for the employment of persons with disabilities, and that the adoption of measures designed to achieve this objective is even more effective if it forms part of a national policy designed with the participation of all the actors concerned that has secured the necessary funding for its implementation. The existence of such a framework guarantees the coherence of all the measures taken and forms the basis of the work programme of the various bodies called upon to implement it. The Committee notes that the adoption of the PNIH has reinforced other specific policies, such as the auditory and visual health and physical rehabilitation policies, the implementation of which had been entrusted to the Ministry of the Population, Social Protection and the Promotion of Women, which had been allocated budgetary provisions. The development of the PNIH had been made possible by a joint action initiated in 2014 by civil society organizations working in the area of disability and the Ministry of the Population.

The Committee requests the Government to provide further information on the implementation of the National Disability Inclusion Plan (PNIH). The Government is also asked to indicate whether the PNIH has been extended beyond its initial term of 2019 within the above-mentioned Inter-Ministerial Committee. The Committee would also be grateful if the Government would indicate any progress made in the previously announced establishment of a National Commission for Persons with Disabilities, comprising representatives of the various ministries concerned as well as persons with disabilities. It also requests the Government to continue to provide detailed and up-to-date information on the measures adopted with a view to promoting the employment of persons with disabilities in the public and private sectors, particularly in terms of legislation aimed at facilitating access to public infrastructures for persons with disabilities. The Committee further requests the Government to keep it informed of the activities of the Service Assisting Older Persons and Persons with Disabilities (SAPAPH) and the National Vocational Training Centre for Persons with Disabilities (CNFPPSH). It also requests the Government to provide detailed updated information on the number of persons with disabilities that participate in mainstream technical and vocational education and training (TVET) system. Lastly, the Committee requests the Government to continue to provide information on the application of the Convention in practice, including statistics, extracts from reports, studies and inquiries, concerning the matters covered by the Convention.

Article 4. Effective equality of opportunities and treatment for persons with disabilities. The Committee notes with regret that since 2010, it has been requesting the Government to provide information on the special positive measures taken to ensure equality of opportunity and treatment for persons with disabilities. With regard to the private sector, the Government limits itself, once again, to referring to the provisions of 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. Concerning the public service, the Government observes that its access is governed by the principle of equality and meritocracy and specifies that with the exception of certain services, such as the police, the recruitment criteria are general criteria such as age and training, not physical fitness. As to the employment of persons with disabilities, the Government reports that, according to the Third General Population and Housing Census (RGPH-3), 50.9 per cent of persons with disabilities of working age are engaged in an economic activity, compared to 70 per cent of those without disabilities – the proportion varying according to the type of disability. Some 81.9 per cent of working persons with disabilities are self-employed, compared to 80.6 per cent of those without disabilities. Among persons with disabilities, the proportion of private sector employees, public sector employees and employers is just 3.2 per cent, 1.5 per cent and 0.6 per cent, respectively, compared to 6.9 per cent, 2.4 per cent and 0.4 per cent among persons without disabilities. The Committee recalls that the objective of Article 4 of the Convention cannot be achieved solely by legislative provisions setting out the general principle of non-discrimination against persons with disabilities and requires the adoption of active and positive measures aimed at effective equality of opportunity and treatment. In this respect, in order to ensure effective equality of access to employment for persons with disabilities, the Committee draws the Government’s attention to the measures contained in Paragraph 11 of the Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 (No. 168), which provides guidelines for the application of positive measures. The Committee requests the Government to provide detailed information on the positive measures adopted to ensure effective equality of opportunity and treatment for workers with disabilities. The Government is also asked to provide information on the impact of these measures on the employment of men and women with disabilities in the labour market, including statistics.

Article 5. Consultation of representative organizations. The Committee notes with regret that since 2010, the Government has failed to provide the detailed information requested on the consultations held in relation to the matters covered by the Convention. The Government indicates in its latest report that the Ministry responsible for the public service is open to all public employee trade union organizations and that exchanges, consultations and dialogues with the various legally constituted public employee trade union organizations take place on a regular basis. It adds that these organizations are members of the Higher Council of the Public Service, which is a bipartite body for recourse and dialogue. The Committee recalls that Article 5 of the Convention, which requires consultations with the representative organizations of employers, workers and persons with disabilities, concerning national policy on vocational rehabilitation and employment of persons with disabilities, is an essential part of the arsenal of measures required by the Convention. It also notes that FISEMA deplores the fact that the social partners are not consulted on matters relating to the employment of persons with disabilities within the National Labour Committee (CNT), the tripartite body for consultation of the social partners on employment matters. FISEMA also points out that the CNT’s dysfunctional nature prevents it from providing accurate information on government action in this area and the evaluation of such action. The Committee considers that the disagreement between the Government and FISEMA on the effectiveness of the consultations on the implementation of national policy in this area is not conducive to maximizing the potential of tripartite dialogue on this matter. In these circumstances, the Committee once again reiterates its request to the Government to provide detailed information on the measures adopted to ensure that effective consultations are held in accordance with Article 5 of the Convention, including with the representative organizations of persons with disabilities. It also invites the Government to take into consideration, in this regard, the provisions contained in Part VI of Recommendation No. 168 concerning the contribution of employers’ and workers’ organizations to the development of vocational rehabilitation services. As to the consultation of the National Labour Committee (CNT), the Committee refers to its comments under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 8. Development of services in rural areas and remote communities. In 2010, the Committee noted that regional committees to monitor employment promotion and poverty reduction (CRSPERP) had been established in 10 regions 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 Government has not provided the detailed information requested on this matter since. The Committee therefore once again reiterates its request to the Government to provide detailed information on the provision of vocational rehabilitation and employment services, particularly 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 Government indicates that the vocational guidance and vocational training of persons with disabilities must be provided by highly qualified specialized educators. These educators are graduates of the Higher Institute of Social Work (ISTS). The Committee requests the Government to provide detailed information on the training given to educators to enable them to provide customized employment-related services. The Committee also requests the Government to provide detailed information on the nature and range of services provided to persons with disabilities.

Part VI of the report. Representative organizations consulted. The Committee notes the Government’s indication that it consulted the representative employers’ and workers’ organizations at a workshop to present and validate the report, held from 3 to 5 August 2022. The Government states that it has sent copies of the report to the Madagascar Enterprise Group (GEM) and the Fivondronan’ny Mpandraharaha eto Magagasikara (FIVPAMA) (for the employers’ organizations) as well as to the Fivondronan’nySendikaRevolisionera Malagasy (FISEMARE), FISEMA and the Christian Confederation of Malagasy Trade Union (SEKRIMA) (for the workers’ organizations). FISEMA observes, however, that it has not received 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 comment on FISEMA’s observation that it has not received the Government’s report on the application of the Convention.