Observation (CEACR) - adoptée 2024, publiée 113ème session CIT (2025)

Convention (n° 98) sur le droit d'organisation et de négociation collective, 1949 - Madagascar (Ratification: 1998)

The Committee notes the observations of General Confederation of Workers’ Unions of Madagascar (FISEMA), received on 31 August 2024, concerning questions of representativeness of trade union organizations at the national and regional level. The Committee requests the Government to provide its comments in this regard. The Committee also notes Act No. 2024-014 of 14 August 2024 issuing the Labour Code.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. The Committee previously requested the Government to comment on the observations of the Autonomous Trade Union of Labour Inspectors alleging anti-union discrimination measures against its members following a strike. The Committee notes the Government’s general indication that the transfer decisions taken against striking inspectors have not been implemented and that if persons have been assigned to new posts, this is unrelated to any sanction. In the absence of further information brought to its attention, the Committee reminds the Government that, when allegations of acts of anti-union discrimination are brought to its attention, it must ensure that the events reported are the subject of investigation by the public authorities and, if acts of anti-union discrimination have been committed, they will give rise to full compensation for the damage suffered and to the imposition of penalties that constitute an effective deterrent. In this regard, the Committee notes the provisions of section 353 of the Labour Code, which now provide for specific penalties in the event of violations of the Labour Code relating to freedom of association (a fine of 1 to 4 million Malagasy ariary, doubled in the event of a repeat offence and accompanied in this case by a prison term of one to six months). In light of the above, the Committee requests the Government to provide detailed information such as reports or findings of investigations carried out by the public authorities following the strike, any reassignments made, as well as any subsequent communications from the trade union concerned.

In its previous comments, the Committee noted that the Government’s indication that it did not know the exact number of anti-union discrimination cases examined by the regional labour services and the labour courts. In this regard, the Committee notes that, in its reply to the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA) and the International Trade Union Confederation alleging acts of anti-union discrimination, the Government acknowledges that it does not currently have a sufficiently effective data collection system, but does not, however, deny the persistence of the alleged acts. Recalling the fundamental importance of ensuring effective protection against anti-union discrimination, the Committee once again requests the Government to take the necessary measures to gather the requested information on the number of cases of anti-union discrimination examined by the labour inspection services and the labour courts, as well as the penalties imposed in those cases. The Committee also requests the Government to provide information on the application in practice of the provision of section 353 of the Labour Code.

Articles 1, 2, 4 and 6. Public servants not engaged in the administration of the State. In its previous comments, the Committee underlined the need to adopt formal provisions clearly recognizing the various protections established by the Convention of all public servants and public sector employees not engaged in the administration of the State. The Committee noted that a draft General Statute on Public Servants and a draft General Statute on contractual public employees were being drawn up. The Committee notes that the Government emphasizes that this process of legislative reform was interrupted, notably by the electoral timetable, but that it can now resume, and that the Office’s technical assistance is requested in this regard. The Committee expects that the above-mentioned draft legislation will be adopted in the near future and will contain provisions providing for protection against anti-union discrimination and interference and the right to collective bargaining for all civil servants and public sector employees not engaged in the administration of the State, in accordance with the Convention. The Committee requests the Government to provide information on any progress made in this respect.

Article 4. Promotion of collective bargaining. Collective bargaining in sectors subject to privatization. The Committee previously noted the information provided by the Government on the situation of collective agreements in the energy sector, particularly that of the Malagasy Electricity and Water Company (JIRAMA), and the observations of SEKRIMA alleging that privatizations have resulted in the collective agreements in force being discarded. With regard to JIRAMA, the Committee notes that the draft collective agreement was submitted to the labour inspectorate and the Antananarivo Labour Court in October 2022. The Committee requests the Government to provide up-to-date information on the status of this collective agreement in the energy sector, as well as on the steps taken or envisaged to promote the full use of collective bargaining mechanisms in privatized sectors, and to provide information on any progress made in this regard.

Collective bargaining for seafarers. In its previous comments, the Committee noted that the Labour Code excluded maritime workers from its scope of application and expressed the expectation that the new Maritime Code would recognize for these workers the rights enshrined in the Convention. The Committee notes the Government’s reiteration that the draft reform of the Maritime Code will be submitted for adoption by Parliament before the end of 2024. Noting thatAct No. 2024-014 of 14 August 2024 issuing the Labour Code excludes from its scope workers governed by the Maritime Code (section 1), and recalling that the Government has been referring to the draft Maritime Code since 2008, the Committee expects that the Code will be adopted in the near future and that it will contain provisions giving full effect to the Convention in respect of maritime workers.The Committee requests the Government to provide information on any developments in this regard, as well as a copy of the Maritime Code as soon as it is adopted.

Promotion of collective bargaining in practice. The Committee takes note of the summary information provided by the Government based on the activity reports provided by certain regional inspectorates. The Committee requests the Government to indicate in its next report the number of collective agreements concluded in the country, the sectors concerned and the number of workers covered by these agreements.