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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations of the Trade Union Confederation of Malagasy Revolutionary Workers (FISEMARE), received on 1 September 2022.

Article 1(1)(a) of the Convention. Sexual harassment. In its previous comments, the Committee requested the Government to provide detailed information on: (i) the cases of sexual harassment dealt with by labour inspectors and the court decisions in this regard; and (ii) the measures adopted or envisaged to prevent and eradicate sexual harassment in the workplace. The Committee notes with regret that the Government confines itself in its report to indicating once again that, when cases of sexual harassment are brought to the attention of labour inspectors, the victims are directed to the competent courts. However, it still has not provided any information on the number and outcomes of cases of sexual harassment dealt with by labour inspectors and indicates that the collection of information on court decisions in this regard is still being carried out. The Committee also notes that the Government confines itself to recalling that, when labour inspectors carry out inspections in enterprises, they undertaken awareness-raising activities for employers and workers and encourage employers to punish acts of sexual harassment. However, it notes that the Government has not specified the nature and content of such action. The Committee recalls that sexual harassment is a serious form of discrimination based on sex. It undermines equality at work by calling into question the integrity, dignity and well-being of workers. It damages an enterprise by weakening the bases upon which work relationships are built and impairing productivity. Given the gravity and serious repercussions of sexual harassment, the Committee highlights the importance of taking effective measures to prevent and prohibit sexual harassment at work (2012 General Survey on the fundamental Conventions, paragraph 798). The Committee therefore requests the Government to provide detailed information on:

• (i) the number and outcome of cases of sexual harassment dealt with by labour inspectors and the court decisions handed down in this regard; and
• (ii) the specific measures adopted or envisaged to prevent and eradicate sexual harassment in the workplace, with an indication of the nature and content of the awareness-raising measures taken for employers and workers, and the manner in which employers are encouraged to specifically prohibit and punish this serious form of discrimination on the basis of sex.

Discrimination on grounds of colour. The Committee notes that, in a communiqué published on 28 February 2022, an independent expert and two United Nations special rapporteurs, observing that over a dozen kidnappings, attacks and murders had been reported over the past two years against persons affected by albinism (a hereditary genetic condition consisting of a melanin deficit, the substance that gives colour to the skin, hair and eyes), urged the Government to take immediate measures for the protection of the persons concerned, including through the establishment of education and awareness-raising programmes to combat and eradicate the myths and false beliefs leading to these crimes. The Committee requests the Government to take all the necessary measures to bring an end to discrimination based on colour which results in serious violations of the right to life and personal safety. It requests the Government to provide detailed information on any measures adopted or envisaged to inform, train and raise the awareness of all actors in the world of work (workers, employers and their respective organizations, labour inspectors and judges), as well as society in general, of the critical situation of people affected by albinism and to prevent and eradicate any form of discrimination against them, particularly in employment and occupation.

Article 1(1)(b). Discrimination on grounds of real or perceived HIV status. In its previous comments, following the adoption of the National Strategic Plan on Sexually Transmitted Diseases and AIDS (PSN) for 2013–17, the Committee requested the Government to provide detailed information on the measures to combat discrimination in employment and occupation on grounds of real or perceived HIV status, particularly during recruitment. The Committee notes the very general information provided by the Government on the laws and regulations in force intended to combat stigmatization and discrimination on grounds of HIV status, without providing any information on the action taken in that context or within the framework of other strategies adopted subsequently (for example, to ensure the confidentiality of procedures, severely punish reprisals, remedy the lack of financial resources of victims and promote confidence in the judicial system to resolve these types of disputes). In view of the time that has elapsed since the adoption of the PSN, the Committee requests the Government to provide detailed information on the impact of the measures adopted within the framework of the Plan to combat discrimination on grounds of real or perceived HIV status and stigmatization in employment and occupation, particularly during recruitment, with an indication, for example, of trends since 2017 in the number of complaints submitted to and dealt with by the labour inspection services, the courts or any other body competent to receive this type of complaint (Independent National Human Rights Commission, legal clinics, rights bodies).

Articles 1 and 2. Equality of opportunity and treatment for men and women. The Committee notes the various plans of action adopted at the national level, which were referred to by the Government in its previous report in 2016, seeking to facilitate the access of women to education, employment, credit and property. However, it notes that the Government does not refer to any specific measures adopted to give effect to these plans of action by promoting equality of opportunity and treatment for men and women in employment and occupation. Moreover, the Committee notes that the Government has not provided any recent statistics, whereas it indicated in its previous report that in 2015 women only accounted for 31.4 per cent of senior positions and 37.9 per cent of skilled wage-earners, but 64.9 per cent of family helpers. The Committee therefore once again requests the Government to:

• (i) provide detailed information on the specific proactive measures adopted to promote the education of girls, combat gender stereotypes and promote the participation of women in the labour market, by enabling them to gain access to a broader range of vocational training courses and jobs in the public and private sectors, including jobs principally performed by men;
• (ii) provide information on the awareness-raising and information activities carried out for workers, employers and their respective organizations, labour inspectors, judges and society in general with a view to combating gender stereotypes and the occupational segregation of women; and
• (iii) collect, analyse and provide updated statistical data on the situation of men and women in the public and private sectors, with an indication of the proportion of men and women in senior positions.

Export processing zones. Noting the allegations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), which emphasized the precarious nature of the conditions of work of workers in export processing zones (EPZs), and particularly the lack of employment contracts, holiday entitlements, social protection and collective agreements, and the failure to pay the minimum wage, the Committee previously requested the Government to provide information on the activities of labour inspectors in EPZs, such as: (1) awareness-raising and training activities on protection against discrimination in employment and occupation on all the grounds enumerated in the Convention; and (2) the number and outcome of the inspections carried out. The Committee notes the Government’s indication that the reports of the regional labour inspection services do not make reference to violations relating to the Convention. However, the Government does not specify whether this data specifically concerns inspections carried out in EPZs. The Committee also notes the Government’s indication that, during enterprise inspections, labour inspectors carry out awareness-raising activities on the rights and duties of workers and employers, in accordance with their mandate. However, the Government has not provided specific information on the form and content of the awareness-raising and training activities undertaken specifically in EPZs. In this respect, the Committee notes the observations of FISEMARE, which denounces cases of discrimination, particularly in EPZs, and calls for more unannounced checks, monitoring, accompanying measures and sanctions where appropriate. The Committee requests the Government to provide precise information on:

• (i) the number and outcome of the inspections carried out by labour inspectors, specifically in EPZs, with an indication of the nature of the violations identified in relation to the prohibition of discrimination and working conditions; and
• (ii) the specific awareness-raising and training activities undertaken in EPZs, particularly by the labour inspection services, for workers, employers and their respective organizations on their rights, duties and procedures relating to protection against discrimination in employment and occupation on all the grounds enumerated in the Convention.

Article 5. Special protection measures. The Committee previously noted that section 93 of the Labour Code provides that decrees issued after seeking the opinion of the National Labour Council (CNT) shall determine the nature of the work prohibited for “women” and “pregnant women”. It therefore requested the Government to amend section 93 of the Labour Code so that these prohibitions are strictly limited to maternity protection and to provide a copy of any decree adopted under this section. In this regard, it also notes that, in the Memorandum of technical comments on the draft text to revise the Labour Code provided to the Government in 2021, the Office, with reference to the Committee’s comments on this subject, recommended the Government to amend section 93. It also recommended the amendment of section 99 of the Labour Code (which allows labour inspectors to require the examination of women by an approved physician “with a view to verifying that the work assigned to them does not exceed their physical strength”) with a view to ensuring that it only covers maternity protection in its strict sense. The purpose is also to ensure that the powers of labour inspectors and physicians in relation to the evaluation of the protection of persons working under hazardous or arduous conditions are intended to protect occupational safety and health, for both men and women, while taking into account differences between the sexes and specific health risks in this regard. The Committee notes the Government’s indication that a preliminary draft of a Bill to issue a new Labour Code, submitted to the CNT, contains provisions that are in conformity with those of the Convention, and are targeted in particular at maternity protection, while eliminating gender stereotypes. The Committee expresses the firm hope that the Labour Code will be amended in the near future and that the restrictions on employment under sections 93 and 99 will be strictly confined to maternity protection and commensurate with the nature and scope of the desired protection, that they will not be based on gender stereotypes and that they will not have the effect in practice of limiting the access of women to employment. It requests the Government to provide information on this subject and a copy, where appropriate, of any decree adopted under section 93 of the Labour Code.