Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Madagascar (Ratification: 1962)

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Article 1(1) of the Convention. Equality of treatment in industrial accident compensation. Export processing zones. In its previous comments, further to a communication from the General Confederation of Workers’ Unions of Madagascar (FISEMA), the Committee asked the Government to indicate how the principle of equal treatment is applied in practice to the nationals of all countries that have ratified the Convention, including in export processing zones, which account for 40 per cent of occupational accidents, and to supply statistical information in this regard.

In reply, the Government indicates that industrial accidents are governed by the Social Welfare Code (Decree No. 69-145 of 8 April 1969). Irrespective of the nationality of the worker who has suffered the accident and his affiliation to a foreign social security institution, humanitarian and first-aid measures are provided under section 175 of the Code, which stipulates that the employer is obliged, in the wake of the accident, to provide first aid to the victim, notify the doctor responsible for medical services in the workplace or, otherwise, the nearest doctor, and if necessary direct the victim to a medical centre. The Government adds that, in the case of an expatriate victim who has chosen to be affiliated to a foreign social security institution, the employer is obliged to notify the institution, within 48 hours, that an accident has occurred. With regard to migrant workers, the Government states that a “single window” system has been set up to take care of administrative formalities for these workers (nationality, number, posts occupied, etc.), thereby making it possible to monitor changes in the professional situation of the workers concerned – who may not hold jobs without prior authorization from the Ministry of Employment, further to approval of their employment contracts by the labour inspector.

While noting this information, the Committee observes that the Government does not supply any information on the critical observations made by the FISEMA to the effect that only French citizens are reported to be covered by law, workers from other countries have no protection and no measures are reported to have been taken to ensure the application of the Convention to workers in the mining industry. Moreover, in a communication dated 27 August 2012, the FISEMA indicates that it is awaiting the Government’s reply to its comments. The Committee therefore requests the Government to supply information in this regard and also the statistical information required by Part V of the report form, including on migrant workers.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the observations of the General Workers’ Confederation of Madagascar (CGSTM) dated 26 August 2011, which were communicated to the Government on 15 September 2011. The CGSTM alleges that under the Convention as applied by national law, only French citizens are legally covered and there is no protection for workers of other countries. No measures have been taken to ensure the effective implementation of the Convention despite the profusion of Asian workers in the mining industry. The CGSTM also expresses concern about the enforcement of safety standards at work, especially in the free trade zones, which count for up to 40 per cent of the accidents, and reports that the State does not have a system to monitor migrant workers (number, nationality and accidents).The Committee notes that, in its report received on 1 November 2011, the Government refers to the adoption, on 14 January 2008, of Act No. 2007-037 on free zones and enterprises. Under section 5.4 of this Act, no discrimination is authorized in social security matters with respect to foreign workers. However, an employer may, at his request, be exempted from affiliating to the social security system of Madagascar, provided that he can demonstrate that social security contributions continue to be paid to the foreign social security system. The Committee asks the Government to supply a copy of the new legislation with its next report. The Committee also asks the Government to indicate how the principle of equal treatment is effectively applied in practice to the nationals of all countries that have ratified Convention No. 19, including on free trade zones and to supply the statistical information required by Part V of the report form.

[The Government is asked to reply in detail to the present comments in 2012.]