Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

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

The Committee notes with concern 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

Article 1(1)(a) of the Convention. Sexual harassment. In its previous comments, the Committee noted that the definition of sexual harassment in section 5 of the revised Labour Code includes both quid pro quo and hostile work environment sexual harassment and protects employees against victimization for having witnessed sexual harassment. It also noted the Government’s indications that, where a case of sexual harassment is dealt with by labour inspectors, the victim is generally directed towards the competent court. The Committee notes that the Government provides no information on the cases of sexual harassment reported by labour inspectors or brought to their attention, and that it merely indicates in its report that no information is available in this regard from the courts. It adds that, during inspection visits in enterprises, labour inspectors can raise awareness among workers and employers with regard to the prevention of sexual harassment and that employers are encouraged to prohibit and penalize the practice of sexual harassment. The Committee once again requests the Government to provide information on the number and outcome of cases of sexual harassment dealt with by labour inspectors and court decisions issued in this regard. The Committee requests the Government to provide detailed information on the measures taken or envisaged, particularly within the framework of awareness-raising and training activities, to prevent and eliminate sexual harassment in the work place, specifying how employers are encouraged to explicitly prohibit and penalize this serious form of discrimination on the basis of sex. The Government is also requested to provide any extracts from inspection reports or relevant studies on this subject.

Article 1(1)(b). Real or perceived HIV status. The Committee notes the adoption of the national strategic plan on sexually transmitted diseases and AIDS (PSN) for 2013–17, one of the objectives of which is to ensure that at least 50 per cent of adults adopt non-stigmatizing and non-discriminatory attitudes towards persons living with HIV by 2017. It also notes that the PSN provides for support for 117 private sector enterprises and 11 ministries for the development and implementation of annual action plans to combat AIDS and that, according to the Government, in 2015, 15 ministries and 74 enterprises have already benefited from such activities. The Government adds that these enterprises carried out awareness-raising activities relating to HIV in order to combat discrimination and stigmatization and that workers who had participated in those activities were tested and had helped to provide support for people with HIV/AIDS. The Committee recalls, in this regard, the importance of ensuring that HIV tests are voluntary so as not to be used as a condition for accessing or retaining employment. In addition, the Committee notes that the national committee to combat AIDS (CNLS) also carried out awareness-raising activities among workers and employers in eight regions. While noting the general HIV awareness-raising activities, the Committee requests the Government to provide detailed information on the measures taken in the framework of the PSN for 2013–17 or any strategy adopted subsequently, including on the content of the annual action plans implemented in private enterprises and ministries, describing whether they include measures to combat specifically discrimination on grounds of real or perceived HIV status and stigmatization in employment and occupation, particularly during recruitment. The Government is requested to send relevant extracts of the action plans to combat AIDS in employment and occupation.

Articles 1 and 2. Equality of opportunity and treatment for men and women. The Committee notes the Government’s indications that various measures are in place at the national level to facilitate women’s access, particularly in rural areas, to employment, credit and land in the framework of the National Development Plan (PND) for 2015–19 and the policy note for land 2015–30. The Government also indicates that various actions have been carried out to promote gender and women’s independence, particularly for those in vulnerable situations. The Committee notes the adoption of the strategy concerning gender and the electoral process for 2015–20 aiming at increasing women’s participation in the electoral process, as both candidates and voters, and thereby strengthening their decision-making power. The Committee notes, however, that in its concluding observations, the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) expressed its concern at the persistence of discriminatory stereotypes concerning the roles and responsibilities of women and men in society and in the family, such as the concept of “the head of the household”, which assigns this role to men; of harmful practices such as child or forced marriage, the sale of wives, girl markets, and early pregnancy resulting in a high drop-out rate among girls. CEDAW also noted with concern the discriminatory practices of employers against pregnant women, the high rate of unemployment among women and the strong segregation in the labour market, while reiterating its concern about the high proportion of women in the informal sector (CEDAW/C/MDG/CO/6-7, 24 November 2015, paragraphs 18, 28 and 30). In this regard, the Committee notes that, according to the statistics provided by the Government in 2015, women represented only 31.4 per cent of senior positions and 37.9 per cent of skilled wage earners but represented 64.9 per cent of family helpers. The Committee requests the Government to provide information on the specific measures taken, particularly in rural areas, to promote girls’ education and combat gender stereotypes and occupational segregation between men and women in order to promote women’s participation in the labour market by enabling them to access a wider range of vocational training and employment, in the public and private sectors, including occupations performed predominantly by men and at senior and management levels. The Government is requested to provide information on the impact of these measures, and on the information and awareness-raising activities carried out for workers, employers and their organizations, labour inspectors, judges and society in general, particularly traditional leaders, in order to combat gender stereotypes and occupational segregation. The Committee requests the Government to continue its efforts to gather, analyse and communicate statistics on the situation of men and women in the different branches of activity, both in the public and private sectors, specifying the proportion of men and women in management posts.

Article 2. Night work. Export processing zones (EPZs). The Committee previously noted that section 5 of Act No. 2007-037 on EPZs sets forth that the provisions of the Labour Code prohibiting night work by women are not applicable in EPZs. It also noted the allegations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA) which underlined the precarious nature of the conditions of work of workers in EPZs, particularly the lack of employment contracts, holiday entitlements, social protection or collective agreements, and failures to pay the minimum wage. The Committee notes the Government’s indication that labour inspectors, by conducting checks of the establishments in the EPZs and settling any disputes, ensure enforcement of the legal or statutory provisions regarding conditions of work and protection for workers, and provide technical advice to the social partners on their respective rights and obligations. The Committee requests the Government to provide specific information on the number and outcome of checks conducted by labour inspectors in the EPZs, specifying the nature of the offences reported especially with regard to non-discrimination and conditions of work, including night work. The Committee also requests the Government to provide information on awareness-raising and training activities carried out in EPZs, particularly by the labour inspectorate, for workers and employers and their organizations on their rights and obligations, and the procedures relating to protection against discrimination in employment and occupation on all the grounds listed in the Convention.

Article 5. Special measures of protection. The Committee previously noted that section 93 of the Labour Code stipulated that decrees adopted further to the opinion of the National Labour Council (CNT) determine the nature of work that is prohibited for women and pregnant women, and requested the Government to amend this provision so that restrictions on employment aimed at protecting women are strictly limited to maternity protection. The Committee notes the Government’s indication that, following its meeting in March 2016, the National Labour Inspectors Conference (SAIT) raised the issue of amending section 93 of the Labour Code and to this end the draft will be transferred shortly to the CNT in order to gather the opinions of the social partners in this regard. The Committee requests the Government to provide information on progress made regarding the revision of the Labour Code, particularly section 93, so that restrictions on employment aimed at protecting women are strictly limited to maternity protection and are proportional to the type and extent of the protection sought, are not based on gender stereotypes, and do not have the effect of limiting women’s access to employment in practice. The Government is also requested to provide, where relevant, copies of any decrees adopted in accordance with section 93 of the Labour Code.