Cas individuel (CAS) - Discussion : 2023, Publication : 111ème session CIT (2023)

Convention (n° 87) sur la liberté syndicale et la protection du droit syndical, 1948 - Madagascar (Ratification: 1960)

Discussion by the Committee

Chairperson – The third case we will discuss today on our agenda is Madagascar on the application of the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87). For this case we have 13 speakers registered, that means that there will be speaking time as foreseen, and it will not be reduced.

Government representative – Concerning the 2022 observations of the Committee of Experts, the Government has noted them all and we are going to provide some explanations regarding the observations relating to Convention No. 87, which was ratified by Madagascar in 1960.

Concerning the observations of the Randrana Sendikaly Alliance – which alleges the arrest and conviction to 12 months’ imprisonment of one of their members belonging to the Syndicalisme et Vie des Sociétés (SVS) union – the Government would like to provide the following clarification.

The company which employed the trade union delegate filed a complaint for conduct which was inappropriate, insulting or invasive of privacy. This case did not go through the Ministry of Labour but the enterprise immediately filed a complaint with the Criminal Court of Madagascar. A court decision was handed down at the outcome of the proceedings with regard to these accusations of conduct which was inappropriate, insulting or invasive of privacy. The Ministry of Labour could not interfere with this decision of the Criminal Court of Madagascar.

Even so, we would like to point out that, during the inquiries that we carried out further to this summons from the Committee, the trade union delegate had placed a post on Facebook which was public, not just addressed to the members of the union, concerning information from a meeting which the enterprise had held with staff delegates and union delegates. This relates to the first observation of the Committee of Experts.

Regarding the Autonomous Trade Union of Labour Inspectors (SAIT), labour inspectors with their union held talks with the Government. The Government provided the labour inspectors with four vehicles so that they could perform their duties. We are in a phase of equipping the labour inspectors with six additional vehicles, and over the last three years nine buildings have been constructed for the labour inspectorate to enable inspectors to do their work.

The Government has also pledged to pay the equivalent of about €100 per labour inspector to already move forward in improving inspectors’ salaries and conditions of work. This allowance has not yet been paid but we hope that we will soon be able to pay inspectors the equivalent of this sum.

Regarding the third observation concerning the Christian Confederation of Malagasy Trade Unions (SEKRIMA), the Government has made a great deal of effort to ensure that the unions can now exercise their rights.

With regard to Article 3 on the representativeness of workers’ organizations, we are at the stage of preparing the Order on representativeness. This Order will surely be published this month (June 2023). Last week we already held a meeting with all the unions operating in Madagascar and so we are awaiting the publication of this Order on representativeness.

As regards the maritime sector, in particular the workers governed by the Maritime Code, it should be noted that Madagascar has just ratified the Maritime Labour Convention, 2006, as amended (MLC, 2006). The President of the Republic will come next week to deposit the instrument of ratification adopted by the National Assembly and the Senate last week.

Regarding the last observation of the Committee of Experts on the right of workers’ organizations to organize their activities and formulate their programmes, we would like to inform the Committee that the Government and the social partners are currently engaged in the reform of the Labour Code. This has necessitated several consultation sessions. It is now over two years since we have consulted and worked with the National Labour Council to ensure the reform of the Code which was presented at the level of the Government. We are therefore waiting for the approval of the Government for the text to be submitted to the National Assembly and the Senate.

So these are the initial remarks and observations of the Government of Madagascar concerning the observations made by the Committee of Experts in 2022.

Worker members – We are discussing the case of Madagascar today to cast light on an extremely worrying situation. Furthermore, I would like to state that the Worker members regret that the discussion is occurring in the absence of a Workers’ delegate.

Despite the previous observations that the Committee of Experts has addressed to the Government, the latter has not always taken follow-up action. This is the case with the remarks concerning the complaints of the SAIT, which refer to the violation of the right of unions to organize their activities.

We note that the Government still does not provide details on how it guarantees the right of trade unions to organize their administration and activities. Even though it claims that its legislation ensures the protection of freedom of association, it seems to us that conformity with the Convention must be not only in law but also in practice. With regard to the complaints and issues that we continue to raise, we are bound to observe that this is far from being the case. This applies particularly to the right of seafarers to establish and join unions.

I will also mention the situation concerning the elections for staff delegates. The legal provisions enabling them to be organized exist but are without effect. The Government indicated to the Committee of Experts that “certain factors” prevent them from being organized. Even more seriously, the trade unions and more particularly the General Federation of Workers Unions of Madagascar (FISEMA) have been confronted with decisions of the Ministry of Labour which unilaterally modified the names of the representatives in a series of organizations. This attitude demonstrates total contempt for the independence and autonomy of trade unions, which the Government nevertheless claims to defend.

Let us also refer to the existence of a compulsory arbitration procedure which makes it possible to put an end to a collective dispute. We note with astonishment the explanation given by the Government, which is reproduced in the report of the Committee of Experts. It merely indicates that disputes and strikes cause problems for society, workers and the economy. It does not appear to realize that disputes and disagreements are inherent in the functioning of societies. Nor does it appear to realize that arbitrarily putting an end to these disputes is the best way to fuel them and make them resurface with even more vigour.

Allow me now to come onto what for us has been the most brutal blow dealt by the Government to freedom of association in our country. On 28 August 2022, the trade unionist Sento Chang was sentenced to 12 months in prison. For what crime? What did he do to deserve such punishment? He was accused of breaching the confidential nature of a meeting and taking part in causing unrest among the workers. Specifically, Sento Chang informed his work colleagues via the social media of various trade union issues which had been discussed with the management. In particular this was about trade union elections, the need for the Food Committee to voice its concerns about the poor quality of food following reports referring to food past its use-by date, the training of workers on the role of the labour inspectorate, and the fact that the employer was required to approve and not refuse workers’ right to holidays, leave days and sick leave, which are protected by labour law.

We are not asking the Ministry of Labour to get involved in the criminal proceedings but to ensure, as the Government, that trade union activities are not criminalized. Whatever you think of the workers’ claims, whether or not you find them acceptable, human decency implies that the right of Sento Chang to exercise freedom of association must be defended. It is unacceptable for somebody to end up in prison because of unfounded accusations whose only purpose is to flout the exercise of a fundamental right.

Employer members – By way of background, Madagascar ratified the Convention in 1960, as we have heard. While there have never been discussions of the implementation of this Convention by Madagascar in the Committee, no less than 18 observations in this regard have been issued by the Committee of Experts since 1991.

At the political level since gaining independence from France in 1960, Madagascar has experienced repeated bouts of political instability, including coups, violent unrest and disputed elections. The most recent coup in 2009 led to five years of political deadlock, international condemnation and economic sanctions. After a decade of political turbulence, a new President took office in January 2019.

At the economic level, after experiencing one of the worst recessions in its history, due to the COVID-19 pandemic, Madagascar’s economy recovered slowly in 2021 and 2022. The country’s fragility was aggravated by multiple climate shocks as well as by the inflationary pressures linked to the aggression in Ukraine.

Coming to the heart of the discussion in this Committee, the Committee of Experts identified in essence four main issues: alleged anti-union acts in the maritime sector; the right to form and join trade unions for seafarers; issues related to the representativeness of worker’s organizations; and issues related to compulsory arbitration and the requisitioning of striking workers.

On the first of these issues, the Employer members would like to recall that the Committee of Experts previously urged the Government to ensure that an independent enquiry that was conducted into anti-union acts in the maritime sector was concluded as soon as possible. In its 2022 observation, the Committee of Experts noted that the Government had only provided a brief reference to the above-mentioned enquiry, while it mentioned that the Ministry of Transport and Meteorology was organizing a meeting with the General Maritime Union of Madagascar, to address the conflict between the union and enterprise in the maritime sector. In this regard, the Employer members would like to request the Government to clarify whether the meeting with the union has taken place and if so, to provide detailed information on its outcome as well as on the outcome of any meeting concerning allegations of anti-union acts in the maritime sector.

On the second issue, we take note that according to the Government’s indications, fundamental rights and freedoms of seafarers were taken into account in the preparation of the draft Maritime Code. Here the Employer members would like to know from the Government if the Maritime Code has been adopted in the meantime and if so, whether it contains specific provisions providing for the right of seafarers to form and join trade unions. We further request the Government to transmit a copy of the Maritime Code if it has been adopted.

On the third issue, the Employer members take note of the Government’s indication that it is left to the workers to organize the elections for staff representatives and to forward the results to the Ministry of Labour and Social Legislation. We request the Government to provide more specific information on the kind of factors that have prevented the holding of elections for staff representatives since 2015 and whether these factors have been overcome in the meantime.

We further note the allegations of FISEMA, according to which, when appointing workers’ representatives to the boards of directors and management committees of three institutions in the area of social security and health, the Ministry of Labour unilaterally changed the names of the representatives who were to sit on the boards and committees. We request the Government to provide its comments on the union’s allegations.

As regards the fourth and last issue, which concerns comments by the Committee of Experts on the provisions of the Labour Code, providing for compulsory arbitration and the requisitioning of striking workers in the event of disruption of public order, the Employers wish to point out that this relates to the right to strike and therefore falls outside the scope of the Convention. The Employer members will therefore not comment on this point and, in line with current practice, it will not be covered in the conclusions of the case. This concludes our intervention on Madagascar and we look forward to hearing the views of the other participants.

Government member, Sweden – I speak on behalf of the European Union (EU) and its Member States. The candidate countries Albania, Bosnia and Herzegovina, North Macedonia, Republic of Moldova, Montenegro, and the EFTA country Norway, member of the European Economic Area, align themselves with this statement. The EU and its Member States are committed to the promotion, protection, respect and fulfilment of human rights, including labour rights, the right to organize, and freedom of association. We actively promote the universal ratification and implementation of fundamental international labour standards, including Convention No. 87. We support the ILO in its indispensable role to develop, promote and supervise the effective implementation of ratified international labour standards and of fundamental Conventions in particular.

The EU and its partners in eastern and southern Africa, among them Madagascar, are currently negotiating to deepen the existing Economic Partnership Agreement. Given the positive results generated by the current agreement, the partners have declared their readiness to move beyond trade in goods towards a more comprehensive agreement. It is our expectation that the Government will urgently bring its law and practice in accordance with the Convention, before the expanded Economic Partnership Agreement is ratified and implemented. The EU remains open to a genuine dialogue based on mutual respect on these and other topics of interest.

We are deeply concerned at a number of challenges to the human rights situation in Madagascar, which involves a further worsening of labour rights, including the allegation of imprisonment of a trade union leader for engaging in trade union activities. We echo the request of the Committee of Experts to the Government of Madagascar to provide its comment on this very serious allegation and to take all necessary measures to ensure that workers and employers may exercise freely the right to organize. Additionally, we note that the Government has yet not responded to the 2021 observations of the SAIT alleging the violation of the right of trade unions to organize their activities We urge the Government to do so without further delay.

In addition, we continue to support the Committee’s call urging the Government to conduct an independent inquiry on anti-union acts in the maritime sector. Clarifications are needed on whether the meeting with the Ministry of Transport and the General Maritime Union of Madagascar (SYGMMA) has been concluded, and its eventual outcome. Further clarifications are also needed on the new Maritime Code to be adopted and whether it contains specific provisions providing for the right of seafarers to form and join trade unions.

We observe violations of Article 3 of the Convention and are deeply concerned at the serious allegation of interference by public authorities in the appointment of representatives in boards and committees of social partners’ organizations. Workers’ and employers’ organizations have the right to elect their representatives in full freedom, including the organization of their administrations. The EU and its Member States call upon the Government to supply full information on the allegations and rulings by the Council of State.

We fully share the call of the Committee of Experts in respect of the Government’s responsibility to ensure that the rights provided for in the Convention are respected both in law and in practice. Furthermore, we request the Government to provide information on the measures taken to ensure the implementation of the Labour Code and its implementing order. In order to align national legislation with the provisions of the Convention, we urge the Government to avail itself of ILO technical assistance as soon as possible. The EU and its Member States will continue to monitor the situation closely. We recall the importance of ILO support, including technical assistance, in facilitating compliance with all ratified ILO Conventions and the promotion of tripartism.

Worker member, Botswana – As workers in Botswana, we align to the freedoms provided by the Convention with full recognition that workers’ and employers’ organizations shall have the right to draw up their constitutions and rules, to elect their representatives in full freedom, to organize their administration and activities and to formulate their programmes. The enjoyment of these fundamental rights and freedoms is unattainable without ensuring that the public authorities refrain from any interference which would restrict these rights or impede their lawful exercise.

Therefore, we have noted with concern undue failures to register and recognize trade unions in Madagascar with a deliberate intention to avert the enjoyment of the tenets of the Convention by trade unions and by extension the workers in Madagascar. Of course, industrial harmony is imperilled when freedom of association is denied and undermined.

ILO standards dictate that the law of the land shall not be such as to impair, nor shall it be so applied as to impair, the guarantees provided for in applicable international standards and we urge the Government to comply in full with ILO standards.

In 2018 Botswana appeared before this Committee and one of the violations included was failure to recognize trade unions. The country has since engaged federations and employers’ organizations to bring its laws into conformity with ILO standards because an infringement of fundamental freedoms is a serious indictment with regard to the rights of the workers and indeed the democratic credentials of any country. We will urge the Government of Madagascar to take a leaf out of Botswana’s book as regards practice within the African peer review mechanism.

The Committee of Experts has expressed its concern on this case and has expertly urged the Government to comply with the dictates of the Convention. We fully align ourselves with the call from the Committee and urge the Government to fully comply without any undue delay.

We reiterate our call for the Government to ensure conformity with ILO labour standards to guarantee enjoyment of freedom of association by workers. This should also be done in practice through registration and recognition of affected trade unions.

Worker member, South Africa – It is prudent that the Government of Madagascar understands its ratification of the Convention. We raise this matter given that the Government of Madagascar continues to interfere in the affairs of trade unions. The Government wants to dictate how trade unions must manage their affairs and who should represent them in statutory bodies in the country.

The Committee of Experts noted the submissions by trade unions that in 2019, when appointing worker representatives to the boards of directors and management committees of the National Social Insurance Fund, the Antananarivo Inter-Enterprise Health Organization and the Inter-Enterprise Medical Association of Antananarivo, the Ministry of Labour and Social Legislation unilaterally changed the names of the representatives who were to sit on the boards and committees. FISEMA, one of the trade unions, successfully challenged the interference in the Council of State, which issued three rulings in its favour in 2021 and 2022, but the Government remained adamant.

The right of workers to choose their representatives is protected by this Convention and cannot be said to exist if that right is not fully respected in law and in practice, not just as window dressing but as a fundamental principle.

Trade unions elect or appoint their leaders to a strategic position to enhance the rights of their members. This is in line with the trade unions’ constitutions. It is the right of workers to elect and deploy their members into strategic positions based on the unions’ needs following their internal processes. The Government should not interfere in such matters. If there are any challenges with the persons appointed, the Government must engage with the unions concerned rather than imposing its own representatives.

In South Africa we have a tripartite structure called Nedlac (National Economic Development and Labour Council). All trade union federations have a seat, and those who sit there are deployed by their respective organizations. Trade union leaders are nominated to serve on boards of parastatals and companies without the Government interfering as to who should serve in which board or company. It is the prerogative of the trade union to elect or nominate a leader to serve in the interest of the said union.

I invite the Government and its social partners to visit the Republic of South Africa and learn how we manage our social dialogue. Our Government does not interfere with trade union appointments in parastatals and other bodies in which we are required to participate.

Worker member, Spain – We note the report of the Committee of Experts requesting the Government to amend sections 220 and 225 of the Labour Code, which provide that if mediation fails, the collective dispute is referred by the Ministry of Labour to a process of arbitration and that the arbitration award ends the dispute and the strike. Section 228 of the Labour Code provides for the possibility of suspending a workers’ strike in the event of disruption of public order. The Committee noted with regret that the Government’s reply merely indicated that prolonged disputes and strikes caused difficulties for society, workers and the economy. The Government’s reply shows that it does not wish to comply with the Convention with regard to the right to strike. The right to strike is the only influence that workers can exert to defend their interests. The Committee on Freedom of Association declared that striking is a right and established the basic principle underlying this right as the main means by which workers and their associations can legitimately promote and defend their economic and social interests. In Madagascar this right is being unilaterally withheld through compulsory arbitration. This is contrary to the Convention. According to the principles, the right to strike can only be restricted or prohibited in the case of public servants exercising authority in the name of the State, in essential services in the strict sense of the term or in situations of acute national crisis. In such situations, employees may be forced to resort to compulsory arbitration. We reiterate the principle that arbitration should be voluntary. If there is no agreement to resort to arbitration, workers should exercise their right to strike without interference from employers or the Government. We also note that the right to strike is provided for in article 33 of the Constitution of Madagascar. It states that “the right to strike is a fundamental right of workers” and provides that “the right to strike is recognized without prejudice to the continuity of public service or the fundamental interests of the nation”. This in itself is another source of problems. This wording is too loose and needs to be made more specific.

Observer, Building and Wood Worker’s International (BWI) – On behalf of BWI and in solidarity with trade union leader Mr Sento, who was arrested and sentenced to a 12-month prison term, I make this intervention regarding the application of the Convention by the Government of Madagascar.

Freedom of association is a right – it is not a crime, and yet, trade union leaders are imprisoned for exercising that right. The arrest of Mr Sento is an example of a worrying trend we see worldwide of criminalizing basic trade union activities. Mr Sento merely did his duty as an elected representative by informing his members concerning the results of meetings held with the management of an enterprise in the textile sector.

However, the State used his way of communicating through Facebook as a ground for applying the Criminal Code for publishing confidential business information, even though he removed the post as soon as he was requested to do so. This is just one of many examples of a growing trend of not dealing with labour disputes in an appropriate dispute settlement but using the criminal law system, to arrest and deter leaders of the trade union movement from performing their duties. We condemn the criminalization of collective bargaining.

Madagascar, as an ILO Member State, is obliged to respect the rights of trade unions in line with the Convention, which provides for the right of trade unions to conduct activities and organize. Hence we recall the Government’s responsibility to ensure that the rights to freedom of association and organizing are provided for and should not only be respected and protected in law but also in practice.

Observer, IndustriALL Global Union – I am speaking on behalf of IndustriALL Global Union and our affiliates in Madagascar, the Federation of Autonomous Industrial Workers’ Union (FESATI), SEKRIMA, the Federation of Trade Unions of Workers in Free Trade and Textile Companies (SEMPIZOF), and Syndicalisme et Vie des Sociétés (SVS), on violations of ILO Convention No. 87, the country’s Constitution, and the Labour Code of the country.

In previous years, FESATI had raised the issue of anti-union collusion between employers and the Government of Madagascar. This behaviour was evident when employers refused to recognize a trade union and violated workers’ rights.

This time, we call attention to the sentencing of a trade unionist for carrying out his union responsibilities at the workplace, which is protected by international labour standards and the national Labour Code.

Therefore, IndustriALL Global Union joins the SVS in calling attention to the unjust imprisonment of trade union representative Sento Chang, who spent nine months at the detention centre in Antananarivo, which as far the global community is concerned is among the worst in the world, over a post on Facebook regarding working conditions at the garment factory where he worked as a machinist.

Sento Chang was subjected to an unfair trial that concluded in a record 48 hours under a hostile judge, who apparently colluded with the company lawyer. Furthermore, an appeal against the judgment was never heard and the judge ignored the fact that the duties of the trade union representative are enshrined in the Madagascar Labour Code. For justice to prevail, we call for a judicial review of the sentence and for his full reinstatement.

The employers and the Government must engage with trade unions instead of violating fundamental rights. It is through constructive dialogue that working conditions and industrial relations can and must be improved, without intimidation and without threat of imprisonment. Even though Sento Chang was released on 30 May, it is important to note that the Government of Madagascar has violated fundamental rights of a trade union representative, and contrary to Conventions Nos 87 and 98, as well as Malagasy law itself. Consequently, it is imperative that the Government of Madagascar adopts immediate corrective measures to ensure the full respect of fundamental workers and trade union rights, and the fair conduct of the judicial system.

Observer, International Trade Union Confederation (ITUC) – Malagasy workers face a number of obstacles to their enjoyment of the rights provided for in the Convention. The report of the Committee of Experts reveals a lot about the situation in the country. Our colleague Mr Sento, a trade union delegate, was imprisoned for 12 months for exercising his right to freedom of association.

This conviction followed the publication on Facebook of the results of collective bargaining meetings held with the enterprise E-Toile SA, Antananarivo, of which he is an employee. Part of his sentence was reduced by presidential pardon, leaving him with nine months’ imprisonment. Mr Sento’s lawyers filed an application for provisional release and an appeal on 6 September 2022, in relation to the verdict handed down on 31 August 2022, but the appeal was not heard before his release from prison on 30 May 2023 and has not been heard to date.

We wonder why his case has deviated from normal judicial procedures in our country, where defendants are granted provisional release pending appeal. Moreover, the lawyer was not notified of his sentence until 17 April 2023, so Mr Sento has effectively been arbitrarily detained.

The workers of Madagascar condemn the use of criminal law in purely occupational and trade union matters, and particularly in matters of collective bargaining. Workers’ representatives have the right to use technology to disseminate information to their members, and should not be criminalized for doing so. I recall that the principle of freedom of association protects workers’ representatives from interference in their communication with their members, but this right has been violated.

In addition, the Government also interferes with the nomination of workers’ representatives to public institutions in which we are required to participate. In 2019, the Ministry of Labour unilaterally changed the names of the representatives who were to sit on the Social Funds Management Board. This is an act that is repeated. The court declared the Government’s action illegal. This was yet another example of direct interference in the selection of workers’ representatives.

Workers, who are the victims, do not obtain adequate remedies. The Ministry of Labour does not take prompt action to settle disputes and, in some cases, protects unscrupulous employers by authorizing the dismissal of trade union and employee representatives.

I appeal to this Committee to provide technical assistance to my country to help the Government resolve these problems.

Government representative – Regarding the case of FISEMA, which was referred to several times just now, we would like to provide some clarification with regard to the proposals of names of persons who are to sit on social security bodies. We wish to provide clarification because it is a member organization of FISEMA which caused the names to be put forward by some of their members. After the various judicial decisions which have been handed down, new nominations have been made since 2022 to respond to these remarks of the Committee of Experts.

We would also like to point out that last year, for example, it was FISEMA which represented the workers’ unions at the 110th Session of the Conference. Regarding the case of Mr Sento, we would like to provide some clarification, already given by the ITUC observer. A presidential decree for a reduction of sentence was issued in favour of Mr Sento, who was released last month. Nevertheless, the Government would like to point out that it respects the separation of powers and the independence of the judiciary. The Government guarantees this separation of powers but, despite everything, after several appeals from the different unions, the President adopted this decree reducing the sentence by three months.

We have noted all the remarks made by those who have taken the floor during this Committee session. The Government also notes the Committee’s concern and requests it to note the efforts which it has made, including through the ratification of the MLC, 2006, for the maritime workers as well as the reform of the Labour Code, which has necessitated several years of consultation through the National Labour Council, consultations with the social partners, employers’ organizations and workers’ organizations alike. Several rounds of consultation have taken place, in particular expanded consultations; even the unions who have not been declared representative have been consulted for this reform of the Labour Code.

Lastly, the Government reserves the right to provide many more clarifications on the remarks which have been made today; the capacity for replying to these observations could be endless. In conclusion, the Government reaffirms its request for technical assistance in order to try to contribute to improving the application of the Convention.

Employer members – We would like to stress the importance of compliance with the Convention and the need for the Government to fully align its law and practice with the Convention. In light of the discussions and what we have heard, the Employer members would request the Government to provide: detailed information on the outcome of any meeting concerning allegations of anti-union acts in the maritime sector; information on any developments on the new Maritime Code; and specific information on the factors that have prevented the holding of elections for staff representatives since 2015.

Worker members – We invite the Government to take the necessary steps to ensure that the new Maritime Code guarantees to seafarers the right to form and join unions freely. The Worker members also invite it to organize as quickly as possible elections enabling workers’ representatives to be designated. It is also essential that it avoids interfering in trade union activities in the future, in particular in the processes for appointing their representatives within the different organizations. Moreover, the procedures which allow a labour dispute to be ended through arbitration must be abolished.

The case of Sento Chang must be the subject of thorough examination so that no union representative’s activity is criminalized. I repeat: we are not asking the Ministry of Labour to get involved in the court proceedings but to ensure, as the Government, that trade union activities are not criminalized. To this end, we invite the Government to take the necessary steps to ensure that the criminal law provisions which might obstruct the exercise of trade union rights are abolished.

We urge the Government to agree to be guided by the supervisory bodies, in particular the Committee of Experts, so that its legislation is perfectly in line with the Convention in law and in practice. We therefore invite it to accept ILO assistance in the form of a direct contacts mission.

The Government’s attention should be drawn to the fact that we are aware of the stakes involved and the challenges facing the country. We are aware of the challenges, whether economic, social or those related to the effects of natural disasters. But we would like the Government to understand that the trade union movement and respect for its autonomy are not obstacles to development. Quite the contrary. The country has an abundance of natural resources but it can only benefit from them fully if it guarantees workers their rights, in particular the most fundamental ones.

Conclusions of the Committee

The Committee took note of the oral information provided by the Government and the discussion that followed.

The Committee noted with concern the long-standing issues relating to the restrictions on trade union activities in the maritime sector, the absence of any elections for staff representatives since 2015 and the use of compulsory arbitration.

The Committee expressed its deep concern regarding the imprisonment of Mr Zotiakobanjinina Fanja Marcel Sento and noted the Government information regarding his release by Presidential decree.

Taking into account the discussion of the case, the Committee urges the Government to:

- take all necessary steps in order to ensure that the new Maritime Code guarantees to seafarers the right to freely establish and join the organizations of their own choosing without previous authorization;

- organize as soon as possible the elections for the designation of workers’ representatives;

- refrain from intervening in the activities of workers’ and employers’ organizations, including in the designation process of their representatives in the various social dialogue bodies;

- ensure that unilateral recourse to compulsory arbitration as a way to avoid free and voluntary collective bargaining is employed only in very limited circumstances and take the necessary measures to amend sections 220, 225 and 228 of the Labour Code to bring them into conformity with the Convention;

- immediately and unconditionally quash the conviction of Mr Zotiakobanjinina Fanja Marcel Sento;

- refrain from using the criminal law to target trade unionists;

- amend all provisions of the Criminal Code hindering the right to freedom of association of workers and employers; and

- provide a copy of the Maritime Code once adopted and detailed information to the Committee of Experts before 1 September 2023 on the outcome of any meeting concerning allegations of anti-union acts in the maritime sector, on any developments on the adoption of the Maritime Code and on the factors that have prevented the holding of elections for staff representatives since 2015.

The Committee requests the Government to avail itself of ILO technical assistance.

Government representative – The Government of Madagascar notes the conclusions of this Committee and thanks it for them.

Nevertheless, the Government would like to point out that, as was said during the discussion, the rule of law prevails in Madagascar and the Government guarantees the separation of powers and the independence of the judiciary.

We would also like to draw the Committee’s attention to the second point in the Committee’s conclusions that the Government already held elections relating to union representativeness in 2018 and 2022. A report describing this progress will be provided to the Committee by September 2023.

Furthermore, we would like to state that during this session of the Committee there has been visible progress in relation to the rights of maritime workers since Madagascar has just ratified the MLC, 2006, and at this time a Bill issuing the Maritime Code is being prepared.

The reform of the Labour Code is at the stage of being finalized and subject to reading by the Government, with the collaboration and consultation of the social partners.

Lastly, the Government of Madagascar requests the Committee to note that additional efforts will be made to apply Convention No. 87, and it reiterates its request for ILO assistance.