Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

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

The Committee notes with interest the detailed information supplied by the Government in its report in reply to the Committee's previous observations and direct requests.

1. It notes the indications that access to employment in the public sector is in principle obtained through direct or vocational competitions and that the general conditions of service of the public service also allow recruitment on the basis of qualifications and the recruitment of contract employees who are not officials. The Committee notes that, for the latter, selection tests are organised by the ministries that employ them so that the applicants with the most satisfactory results are recruited.

The Committee requests the Government to indicate whether, and under the terms of what provision, the criteria used for recruitment on the basis of qualifications and for participation in direct or vocational competitions in the public administration respond to the principle of equality of opportunity and the elimination of any discrimination on the grounds set out in Article 1(a) of the Convention, and particularly on the grounds of political opinion and national extraction, which are not mentioned in articles 12 and 26 of the national Constitution, to which the Government refers, or in the general conditions of service of the public service. The Committee also requests the Government to indicate how effect is given in practice to this principle as regards access to employment in public sector enterprises and establishments. Finally, the Committee would be grateful to be provided with information on the number of women employed in this sector and their proportion in relation to men, and on the number of women employed in posts of responsibility in the public administration.

2. In the private sector, the Committee notes that, under the terms of Decree No. 64-495 of 18 November 1965, as amended in 1965, all employers are bound to notify vacancies to the competent employment and placement service, which is responsible for selecting the job applicants for these vacancies. The Committee requests the Government to indicate whether the employers concerned are obliged to take on the applicants selected by this service or whether they are free to make their own assessment and selection from among them. Please also indicate how effect is given in practice to the principle of non-discrimination in the sense set out in the Convention in both the above cases.

3. As regards access to vocational training, the Committee notes with interest that the Constitution guarantees equality of all persons to education and vocational training, and that this principle is also contained in the Labour Code and in Act No. 78-040 of July 1978 establishing the general framework of the education and training system. The Committee also notes the Government's indications that, in the public sector, vocational training is provided by public bodies and various ministerial departments, within the framework of specific legislation for each training centre which also sets out the conditions of access to such training. The Government adds that there are at present 92 vocational training centres in the country operating directly under ministerial institutions or departments. In most of these cases, the centres prepare future officials for the public administration, although a number of centres provide training in the fields of health care, agriculture and the crafts. The centres are open equally to men and women and access to them is through competitions or tests. As regards the private sector, the Government indicates that various enterprises provide vocational training that is intended to improve the level of their own staff and to provide them with promotion, and it refers to a number of training centres set up by these enterprises. The Committee notes this information and requests the Government to supply details in its next report on how access to these training centres is obtained in practice for persons fulfilling the conditions laid down for admission to the centres, irrespective of their race, sex, religion, political opinion and ethnic extraction. Please also supply statistics on the number of persons who have attended these training centres (listed by sex and ethnic extraction).

4. As regards terms and conditions of employment, the Government refers to the provisions of the Labour Code which establish equality of opportunity and treatment without distinction on grounds of sex, origin, religion, age or status, and indicates that the application of these provisions is ensured by the labour inspection services, by the Directorate of Employment and Labour, and by the supervisory services of the Directorate of the Public Service (as regards public employees). The Committee notes this information and, with reference to paragraphs 15, 157 and 170 of its 1988 General Survey on Equality in Employment and Occupation, it requests the Government to supply information on the results of these supervisory procedures and on any positive step that is taken in practice to promote the principle of equality of opportunity and treatment in employment and to eliminate discrimination on all the grounds set out in the Convention.

5. The Committee would also be grateful to be provided with information on the measures that have been taken to obtain the co-operation of employers' and workers' organisations in the implementation of the national policy against discrimination and the appeal channels available to workers in both the public and private sectors who consider that they have suffered prejudicial treatment in this area. Please supply, where appropriate, copies of judicial decisions handed down in these cases.