Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Madagascar

Labour Inspection Convention, 1947 (No. 81) (Ratification: 1971)
Labour Inspection (Agriculture) Convention, 1969 (No. 129) (Ratification: 1971)

In order to provide an overview of the issues relating to the application of ratified Conventions on labour inspection, the Committee considers it appropriate to examine the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), in a single comment.

The Committee notes that the Government’s report due in 2021 has not been received.

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), sent with the Government’s report in 2017.

Articles 2, 5(a), 21(c) and 23 of Convention No. 81 and Articles 4, 12(1) and 27(c) of Convention No. 129. Labour inspection activities in export processing zones and inter-institutional cooperation for the exchange of information with a view to the preparation of a register of workplaces. Further to its previous comments, the Committee notes the information previously provided by the Government on the cooperation launched by the Ministry of the Civil Service, Administrative Reform, Labour and Social Legislation (MFPRATLS) with the different institutions holding relevant data on enterprises established in the territory of Madagascar and in the export processing zones (EPZs), particularly the Ministry of Finance and Budgets, the Economic Development Board of Madagascar and the National Social Security Fund (CNaPS). However, the Government indicates that it is not in a position to establish a register of workplaces, including in the agricultural sector, because of the large number of registered enterprises, the disparity of their locations and the information needed on the number of workers employed, as well as the lack of financial resources to conduct surveys on the ground. SEKRIMA hopes that the Government will take the necessary measures to promote inter-institutional cooperation with the above-mentioned bodies, including the CNaPS, with which many workers are not registered, in order to establish and update a register of workplaces and monitor the conformity of the situation of workers. While noting the difficulties indicated by the Government, the Committee requests the Government to pursue its efforts to promote inter-institutional cooperation with the above-mentioned bodies in order to establish and update a register of workplaces, including in the agricultural sector.

Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129. Additional duties of labour inspectors. Further to its previous comments, the Committee notes the information previously provided by the Government to the effect that the labour inspectorate is not in a position to devote itself fully to inspection duties on the ground. The Government points out that, in the context of Madagascar, conciliation and mediation are important for preserving social peace and that it is seeking to increase the numbers of labour inspection staff so that inspectors can perform both primary duties and those considered to be secondary. In this regard, the Committee notes SEKRIMA’s assertion that the labour inspection services should be reinforced so that they can be relieved both in law and practice of the duties assigned to them in the areas of mediation and conciliation, so as to be able to devote themselves fully to the performance of primary duties. The Committee requests the Government to take the necessary steps to ensure that, in accordance with Article 3(2) of Convention No. 81 and Article 6(3) of Convention No. 129, duties other than primary duties assigned to inspectors do not interfere with the performance of the latter, and to provide information on all progress made in this regard.

Article 5(b) of Convention No. 81 and Article 13 of Convention No. 129. Collaboration between officials of the labour inspectorate and employers and workers or their organizations. Further to its previous comments, the Committee notes the Government’s previous indication that reviving the National Labour Council and its various structures is one of its priorities. In this regard, the Committee notes that Decree No. 2017-843 of 19 September 2017 establishing a National Labour Council and tripartite regional labour councils has been adopted. The Committee requests the Government to provide more detailed information on the measures taken to promote collaboration between labour inspection officials and employers and workers and their organizations, including collaboration in practice within the National Labour Council and the tripartite regional labour councils.