Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Hygiene (Commerce and Offices) Convention, 1964 (No. 120) - Madagascar (Ratification: 1966)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the information provided by the Government in its report.

1. Article 14 of the Convention. The Committee notes section 16 of Order No. 889 of 20 May 1960, and the information provided by the Government in this respect. In accordance with section 16 of the above Order, suitable seats are only supplied to women workers. The Committee recalls once again that Article 14 of the Convention provides that seats shall be supplied for all workers, without distinction on grounds of sex. The Committee notes the Government’s statement indicating that it "will examine the possibility of extending this clause to all workers, without distinction on grounds of sex". The Committee trusts that the Government will take the necessary measures as soon as possible to extend the scope of section 16 of Order No. 889, so that it also covers male workers.

2. Article 18 of the Convention. The Committee notes the Government’s indication in its report that no regulations have been adopted to give effect to this Article of the Convention, but that the Government will take this provision of the Convention into account when bringing the legislation up to date. In this respect, the Committee recalls that it has been drawing the Government’s attention for over 29 years to the fact that there are no specific laws or regulations giving effect to Article 18 of the Convention. The Committee once again hopes that the Government will take the necessary measures in the near future to give effect to this Article of the Convention, which provides that noise and vibrations likely to have harmful effects on workers shall be reduced as far as possible.

3. The Committee notes with interest that the documentation centre of the National School of Magistrates and Clerks (ENMG), established in 1997, is preparing a compilation of case law on the decisions of the judicial tribunals on matters related to the application of the Convention. The Committee therefore requests the Government to provide information on any progress achieved in the preparation of the above compilation and to provide a copy as soon as it is published.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.