Madagascar - 2012

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Population: 20,070,000
Capital: Antananarivo
Unionisation in the export processing zones and the Ambatovy mining mega project was hampered by the total disregard for workers’ rights shown by most employers. The political crisis and international sanctions have heightened the pressure on workers. Employment is the priority; freedom of association freedom of association The right to form and join the trade union of one’s choosing as well as the right of unions to operate freely and carry out their activities without undue interference.

See Guide to the ITUC international trade union rights framework is all too often an inaccessible goal.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)

reported violations - 2012

Documented violations - actual number of cases may be higher

Background

In September, virtually all the political forces in the country agreed on a programme aimed at resolving the political crisis, including the holding of democratic elections in 2012. Madagascar has been under international sanctions since Andry Rajoelina seized power in 2009.
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 20,070,000
Capital: Antananarivo

reported violations- 2012

Documented violations - actual number of cases may be higher

Trade union rights in law

Although the Labour Code provides for basic trade union rights, it also contains excessive restrictions. It is complemented by decrees. Both private and public sector workers have the right to join and form unions, except for seafarers and workers in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
 , the list of which exceeds the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights definition. The establishment, organisation and operation of trade unions is determined by decree, and unions must provide lists of all their members, which exposes them to the possibility of anti-union abuse.

Industrial disputes must go through conciliation conciliation An attempt by a neutral third party, a conciliator, to aid the settling of an industrial dispute by improving communications, offering advice and interpreting issues to bring the disputing parties to a point where they can reconcile their differences. The conciliator does not take as active a role as a mediator or an arbitrator.

See arbitration, mediation , mediation mediation A process halfway between conciliation and arbitration, in mediation a neutral third party assists the disputing parties in reaching a settlement to an industrial dispute by suggesting possible, non-binding solutions.

See arbitration, conciliation , and arbitration arbitration A means of resolving disputes outside the courts through the involvement of a neutral third party, which can either be a single arbitrator or an arbitration board. In non-binding arbitration, the disputing parties are free to reject the third party’s recommendation, whilst in binding arbitration they are bound by its decision. Compulsory arbitration denotes the process where arbitration is not voluntarily entered into by the parties, but is prescribed by law or decided by the authorities.

See conciliation, mediation procedures determined by the authorities. Furthermore, state employees are not allowed to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike due to Article 33 of the 2007 Constitution, which stipulates that “the right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike is recognised without prejudice to the principle of continuity of public services or to the security and essential needs of the Nation”, a provision that does not explicitly exclude private sector employees either. The authorities also have broad powers to requisition requisition To issue back-to-work orders. public employees in essential services essential services Services the interruption of which would endanger the life, personal safety or health of the whole or part of the population. Can include the hospital sector, electricity and water supply services, and air traffic control. Strikes can be restricted or even prohibited in essential services.

See Guide to the ITUC international trade union rights framework
 .

Additional information regarding the legislation
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 20,070,000
Capital: Antananarivo

reported violations - 2012

Documented violations - actual number of cases may be higher

In practice

Rights trampled in export processing zones: Trade unions attending a seminar on the EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. sector organised by the ITUC exposed the persistent and serious abuses endured by export processing zone export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. workers: excessively high production targets unilaterally set by employers, violations of the legislation on overtime, non-payment of social security contributions and disregard for health and safety issues. Workers complained about precarious contracts signed under pressure and unfair dismissals. Fetra Lovasoa, the general secretary of the EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. workers’ federation, Fédération des syndicats des travailleurs des entreprises franches, denounced that the working conditions were akin to modern slavery. Trade unions are active in around sixty EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. companies, mostly in the textile sector. Membership levels remain low, at between 10 and 14% of the labour force (mainly women), amounting to a total of around 5,000 workers. In July, the government announced plans to create 100,000 new EPZ export processing zone A special industrial area in a country where imported materials are processed before being re-exported. Designed to attract mostly foreign investors by offering incentives such as exemptions from certain trade barriers, taxes, business regulations, and/or labour laws. jobs within five years.
Trade union proposals to break political deadlock: Despite the sidelining of civil society in Madagascar, the trade union platform grouping the most representative unions, the Conférence des travailleurs de Madagascar (CTM), has devoted considerable efforts to seeking a solution to the serious political crisis in which the country has been immersed since 2009. It has been tireless in its insistence that national dialogue is the only way out of the current deadlock, and that restoring the rule of law goes hand in hand with the implementation of the ILO International Labour Organization A tripartite United Nations (UN) agency established in 1919 to promote working and living conditions. The main international body charged with developing and overseeing international labour standards.

See tripartism, ITUC Guide to international trade union rights recommendations on jobs, social protection and social dialogue social dialogue Discussion and co-operation between the social partners on matters of common interest, such as economic and social policy. Involves participation by the state where tripartism is practice. .
ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 20,070,000
Capital: Antananarivo

reported violations - 2012

Documented violations - actual number of cases may be higher

Violations

Local council workers’ right to strike violated:

On 21 January, police officers arrested a workers’ representative during a refuse collectors’ strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike in Toliara. He was held in detention for 36 hours and accused of holding union meetings despite no longer being part of the staff following his retirement on 1 January.

A large number of strikes were held by local council workers across several towns and cities to demand better working conditions and better management of public finances. The right to strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike came under repeated attack. In October, in Toamasina, for example, the authorities hired new workers to break the strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike .

Five unionists dismissed at Ambatovy mining site:

On 28 November, the management at Manpower Development fired three trade union representatives affiliated to the Confédération générale des syndicats des travailleurs de Madagascar (FISEMA). The dismissals were made in retaliation for a letter sent by the union to the Moramanga labour inspectorate, denouncing the management’s silence in response to a series of demands regarding the holding of union elections, a pay scale review, the payment of overtime arrears, and medical cover. A legal strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike was staged on 12 December, to no avail. The staff went back to work the following day. On 23 December, two other unionists who had also signed the various letters exchanged outlining the workers’ grievances were in turn dismissed, forcing the union to give notice of a strike strike The most common form of industrial action, a strike is a concerted stoppage of work by employees for a limited period of time. Can assume a wide variety of forms.

See general strike, intermittent strike, rotating strike, sit-down strike, sympathy strike, wildcat strike planned for early 2012.

Manpower Development is subcontracted by the Sherritt mining group, which is heading the Nickel and Cobalt mining project. Following construction works providing as many as 18,000 jobs when labour needs were at their peak, the mine was set to start operations in 2012 with around 6,000 employees. It is the largest foreign investment ever seen in Madagascar. Ambatovy claims to be “a leader in operational efficiency, health and safety, environmental management, and social engagement”.

ILO Core Conventions Ratified:
29 Forced Labour (1930) 87 Freedom of Association and Protection of the Right to Organise (1948) 98 Right to Organise and Collective Bargaining (1949) 100 Equal Remuneration for Work of Equal Value (1951) 105 Abolition of Forced Labour (1957) 111 Discrimination in Employment and Occupation (1958) 138 Minimum Age for Employment (1973) 182 Worst Forms of Child Labour Convention (1999)
Population: 20,070,000
Capital: Antananarivo

reported violations - 2012

Documented violations - actual number of cases may be higher
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