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

Migrant Workers (Supplementary Provisions) Convention, 1975 (No. 143) - Madagascar (Ratification: 2019)

Article 1 of the Convention. Basic rights. With regard to the measures taken or envisaged to ensure that the rights and guarantees afforded to migrant workers are enjoyed by all migrant workers and members of their families residing in Madagascar, the Committee notes that the Government merely indicates in its report that the labour inspectorate ensures the application of the legislation to migrant workers in Madagascar and that complaints from migrant workers abroad can be sent to the external representations (REPEX) and the Directorate for Consular Legal Matters and Disputes (DAJCC) at the Ministry of Foreign Affairs (Foreign Ministry), which will ensure follow-up with the authorities. While noting this information, the Committee once again requests the Government to provide information on the measures taken or envisaged to ensure effective protection of the basic human rights of migrant workers and members of their families residing in Madagascar, and recourse for migrant workers to appropriate remedies in cases of proven violations. It also requests the Government to provide information on the activities of the labour inspectorate in this regard (including the number of cases of abuse detected, the handling of such cases, penalties imposed, compensation awarded, etc.).

Article 2. Collection of data on immigration and emigration. With regard to the measures taken to improve the collection of data on labour migration flows, the Government indicates that, as regards migrant workers in a regular situation, their applications for visas and cases involving the cancellation of visas are registered by the Ministry of the Interior and Decentralization (Interior Ministry), and this enables statistical data to be collected. The Ministry of Public Security, being the authority responsible for expulsions, also has data on the expiry of visas. With regard to emigrant workers, the Foreign Ministry pre-registers them with the Diaspora Directorate, enabling the collection of data. In 2022, a total of 1,817 workers were registered in this way. However, the Committee notes the Government’s indication that: (i) the low rate of consular registration makes the collection of data on nationals working abroad difficult; (ii) data collection among the various technical departments concerned remains impossible to implement and it is very difficult to determine the number of Malagasy workers employed illegally abroad; and (iii) the establishment of a database on migration for employment is one of the national priorities identified by the Government and social partners, and related activities are being undertaken in close collaboration with the Southern Africa Migration Management (SAMM) project. The Committee requests the Government to continue its efforts to improve the collection of data on labour migration. More specifically, the Committee requests the Government to take steps to determine whether there are illegally employed migrant workers on Malagasy territory and whether there is migration for employment under abusive conditions to, from or through Madagascar.

Article 4. National and international collaboration. The Committee notes the information provided by the Government on the functions of the Inter-Ministerial Committee on Monitoring the Emigration of Workers (defined by Order No. 23993/2015/MEETPF of 23 July 2015), namely: verification of job offers and the approval of employment contracts by the REPEX; the approval of employment contracts by the Ministry of Labour, Employment, the Civil Service and Labour Legislation (Labour Ministry) and background checks by the Ministry of Public Security; consular pre-registration by the Foreign Ministry; and encouraging optional consular registration in the month following arrival on foreign soil. The Inter-Ministerial Committee on Monitoring the Emigration of Workers has clarified the procedure for authorization of departure from the territory for emigrant Malagasy workers; for 2022, this resulted in 3,031 employment contracts being approved (1,913 for men and 1,118 for women) with Mauritius as the main destination country (1,362 contracts approved). The Government indicates that the procedure for a worker emigrating from Madagascar is to obtain prior approval for the employment contract from the diplomatic representation of Madagascar in the destination country, then to have the contract approved by the Labour Ministry after background checks by the Ministry of Public Security, and then to proceed with consular pre-registration at the Foreign Ministry, to which the worker concerned must present his/her plane ticket (1,817 emigrant workers completed pre-registration in 2022). As a result of improvements, the procedure is completed in no more than 15 days at the three different ministries concerned. A handbook setting out these procedures is being prepared. As regards international coordination, the Government indicates that it is participating in regional cooperation initiatives and joint ministerial meetings on migration. The Government also indicates that it is participating in cooperation projects relating to migration managed by the Indian Ocean Commission (IOC) and the Southern African Development Community (SADC), and has concluded bilateral labour agreements with Mauritius and Comoros to facilitate the systematic monitoring and approval of employment contracts for workers emigrating to these countries. The Committee requests the Government to provide information on: (i) the adoption of the handbook on labour emigration procedures and any other measures designed to improve national coordination in this area; and (ii) the specific measures adopted in the context of regional collaboration on data collection and information exchanges on migration (such as the SAMM project), indicating whether these exchanges take place systematically.

Article 5. Action against labour trafficking. Further to its previous comments, the Committee notes the Government’s indication that the Directorate of Migration for Employment at the Labour Ministry produces reports. Processing of files is then referred either to the Foreign Ministry for follow-up with the diplomatic representation in the destination country or to the Ministry of Public Security for the investigation and prosecution of cases of labour trafficking. The Foreign Ministry also collaborates with authorities abroad as part of the implementation of mutual judicial assistance projects for the collection of information and the prosecution of perpetrators of labour trafficking. The Committee requests the Government to provide information on the number of reports produced by the Directorate of Migration for Employment with regard to labour trafficking and the follow-up to these reports (number of cases resulting in prosecution in Madagascar or abroad).

Article 8. Administrative status of migrant workers in the event of loss of employment. The Committee notes the Government’s indication, in reply to its previous comment, that migrant workers who lose their jobs prematurely may take up another job of their choice during the period of validity of their work permit. If the migrant worker concerned is in an irregular situation and wishes to return to his/her country of origin, the costs related to the return must be borne by the employer. The Committee also notes the Government’s indication that early termination of the employment contract of a foreign worker requires a substantiated request for the cancellation of the work permit to be submitted to the Labour Ministry. The document cancelling the work permit must be signed by the Labour Ministry before being forwarded to the Interior Ministry for cancellation of the authorization of residence. This procedure aims to ensure that workers’ rights are respected and in particular that the employer bears the costs of workers’ repatriation, whatever the reason for the premature termination of employment. In this regard, the Committee recalls that migrant workers who have resided legally in the country for employment cannot be considered to be in an illegal or irregular situation merely on account of losing their employment, which may not in itself result in withdrawal of the authorization of residence or, if applicable, the work permit. The Committee requests the Government to indicate the procedures and conditions for cancellation of the authorization of residence (indicating the relevant legal or regulatory provisions) and to ensure that loss of employment does not result, in itself and including through the said cancellation procedure, in withdrawal of the authorization of residence or work permit.

Article 9. Access to the courts in the event of departure. The Committee notes that the Government indicates once again that migrant workers, even in an irregular situation, can have access to the courts in the same way as national workers to assert their rights deriving from the employment contract. The Government states that when migrant workers have left the national territory, they can request assistance from representatives such as lawyers. The Government also envisages the inclusion in future bilateral labour agreements of provisions on assistance to migrant workers who wish to file complaints. The REPEX follow up complaints, and these may be forwarded, depending on their content, to the other competent authorities (Foreign Ministry, Labour Ministry, Ministry for the Population and the Promotion of Women). The Committee requests the Government to indicate what follow-up is given to complaints referred to the REPEX (number of cases, penalties, compensation awarded, authorities handling the cases, etc.). The Committee also requests the Government to indicate how migrant workers in an irregular situation who submit complaints to the authorities are protected against the risk of reprisals or expulsion.

Articles 10 and 12. Adoption of a national policy to promote equality of opportunity and treatment. The Committee notes that the Government indicates once again that the country does not yet have a national policy on migration but that this being formulated with technical assistance from the ILO and International Organization for Migration (IOM). The Committee requests the Government to provide information on the measures taken with a view to the formulation and adoption of the national policy on migration, and to indicate whether this provides for active and positive measures to promote equality of opportunity and treatment for migrant workers and the members of their families legally present on the national territory.

Article 14(a). Right to mobility. The Committee notes the Government’s indication that section 9 of Act No. 62-006 of 6 June 1962 establishing the organization and control of immigration applies to foreign citizens who have been in the country for over two years. Since this section provides that foreign workers cannot occupy a job without authorization from the Labour Ministry and that this authorization is issued for a certain category of occupational activity, the Committee recalls that the requirement for an employer to obtain an employment authorization may indirectly restrict the occupational mobility of migrant workers since the latter cannot be hired by employers who have not obtained the authorization. The Committee considers that, once the two-year residence period in the country stipulated by Article 14 of the Convention has elapsed, such restrictions run counter to the principle of equality of treatment between foreign and national workers (see the General Survey of 2016 on migrant workers, paragraph 359). The Committee therefore requests the Government to take steps to ensure that foreign workers are not restricted in their occupational mobility once the two-year legal residence period in the country has elapsed, including indirectly through authorizations limited to certain categories of occupational activity.

Article 14(b). Recognition of qualifications. The Committee notes the Government’s indications that the Directorate of Migration for Employment validates acquired rights and experience and the National Commission for the Administrative Equivalence of Qualifications evaluates applications for equivalence submitted by Malagasy state officials. The Government also indicates that a draft decree on establishing a national certification framework is envisaged. Lastly, the Government states that a regional framework project for the recognition of occupational qualifications acquired within the Indian Ocean region was adopted in October 2023 at a tripartite meeting on partnership regarding skills mobility in the region, which was held in the context of the Southern Africa Migration Management (SAMM) project. The Committee requests the Government to provide information on: (i) any measures taken, including through implementation of any decree, to regulate conditions for the recognition of occupational qualifications acquired abroad; (ii) the manner in which the representative employers’ and workers’ organizations have been consulted on this matter; and (iii) any measures taken to implement the regional framework project for the recognition of qualifications.

Article 14(c). Restrictions on access to employment. Further to its previous comment, the Committee notes the Government’s indication that the Council of State concluded, with regard to the prohibition on the appointment of non-Malagasy nationals to the civil service, that the incorporation of non-nationals into the public service would require prior revision of article 27.2 of the Constitution, under which access to public positions is open to all citizens without any condition other than capacity and aptitude and of which section 17 of the General Public Service Regulations (Act No. 2003-011) is the extension. The Committee reiterates that general prohibitions, when permanent, regarding the access of foreigners to certain occupations are contrary to the principle of equal treatment unless they apply to limited categories of occupations or public services and are necessary in the interest of the State (see General Survey of 2016 on migrant workers, paragraph 370). The Committee therefore once again requests the Government to take measures to ensure that prohibitions on the access of foreigners to employment are restricted to limited categories of employment or functions where this is necessary in the interests of the State.