Observation (CEACR) - adopted 2024, published 113rd ILC session (2025)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Madagascar (Ratification: 1961)

Article 1(1)(a) and (b) of the Convention. Prohibited grounds of discrimination. Private sector and public service. Further to its previous comment, the Committee notes with satisfaction that, following the adoption on 14 August 2024 of Act No. 2024-014 issuing the Labour Code, the legislation now explicitly prohibits discrimination on the basis of all the grounds enumerated by the Convention, including colour and social origin, and that it explicitly covers indirect discrimination. Indeed, henceforth: (1) “any form of direct or indirect discrimination in employment or occupation” is prohibited (section 6); (2) both direct and indirect discrimination are defined (section 8); and (3) discrimination is defined as “any distinction, exclusion or preference made on the basis of race, colour, sex, religion, political opinion, national extraction (which covers discrimination suffered by nationals on the basis of their country of birth, ancestry or origin) or social origin, state of health, disability, trade union membership, age, life style and family situation, which has the effect of nullifying or impairing equality of opportunity or treatment in employment or occupation” (section 7). With reference to the public service, the Committee welcomes the indication in the Government’s report that section 23 of the preliminary draft Bill issuing the General Public Service Regulations (SGAP) provides that, in the application of the Regulations, there shall be no discrimination on the basis of gender, race, colour, religion, opinion, national extraction, social origin, family relations and political beliefs, etc. The Committee requests the Government to: (i) ensure that the SGAP explicitly prohibits discrimination in employment and occupation, both direct and indirect, on the basis of all the grounds enumerated in the Convention; (ii) provide information on any progress achieved in the adoption of these Regulations; and (iii) provide information on the application of Act No. 2024-014, including any guidance it issued, any complaints that arose under it, and any court proceedings settled or ongoing.

Discriminatory job vacancy announcements.In the absence of information in reply to this point, the Committee urges the Government to: (i) take all the necessary measures to prohibit any form of direct or indirect discrimination on the basis of all the grounds enumerated in the Convention, particularly religion and sex, in job vacancy announcements, including those disseminated by radio and in public notices; and (ii) provide information on any progress achieved in this regard.

Domestic workers. Further to its previous comment, the Committee notes with satisfaction that, under the terms of section 2, the new Labour Code applies to men and women domestic workers. However, the Committee notes that the Government has not provided information on the measures to facilitate the access of labour inspectors to the homes of private individuals employing domestic workers. The Committee therefore once again requests the Government to: (i) take all the necessary measures to ensure that men and women domestic workers benefit, not only in law, but also in practice, from the protection afforded by the provisions of the Labour Code, particularly those respecting non-discrimination and conditions of work; and (ii) provide information on any measures adopted or envisaged to facilitate the access of labour inspectors to the homes of private individuals employing domestic workers.

The Committee is raising other matters in a request addressed directly to the Government.