Documented violations - actual number of cases may be higher
Population:
19,600,000
Capital: Antananarivo
Capital: Antananarivo
The authorities have systematically contested the legitimacy of strikes and trade union actions in an already aggravated socio-economic climate. Freedom of expression and assembly are severely restricted. In this context, it is difficult to exercise the right to organise. The four ITUC affiliates have made numerous calls for a peaceful end to the crisis, for negotiations and for an urgent response to the lack of decent work and increasing poverty.
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)
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 - 2011
Background
The country plunged into a serious political and economic crisis. Power has been in the hands of the self-proclaimed president, Andry Rajoelina and the High Transitional Authority since 2009. All international 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
attempts have failed. Sanctions have been put in place against the current regime. International aid has been suspended with the exception of emergency humanitarian aid. The withdrawal of trade concessions by the US awarded under the African Growth and Opportunity Act (AGOA) have had serious repercussions in terms of business closures and job losses as the country is very dependent on textile exports.
In November, a referendum was organised which was boycotted by the three major opposition parties. It was supposed to represent the first step in a process to end the crisis with parliamentary and presidential elections scheduled for 2011. An unsuccessful military coup also took place at the same time. On 11 December, Andry Rajoelina promulgated the new constitution and the setting up of the fourth republic.
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)
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:
19,600,000
Capital: Antananarivo
Capital: Antananarivo
reported violations- 2011
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
.
Freedom of association / Right to organize
Principles
Freedom of association :
- >The right to freedom of association is enshrined in the Constitution.
- >The right to freedom of association is regulated by a Labour Code.
Anti-Union discrimination:
- >The law prohibits anti-union discrimination.
The Labour Code prohibits anti-union discrimination. However, a decree issued in 2000 could entail a risk of anti-union discrimination as it requires trade unions to provide a list of their members.
Restrictions
Restrictions on trade unions' right to organize their administration:
- >Restrictions on the right to freely draw up their constitutions and rules
- According to the current Labour Code, the establishment of trade unions is determined by decree.
- >Restrictions on the right to elect representatives and self-administer in full freedom
- According to the current Labour Code, the recruitment of members is determined by decree.
- >Restrictions on the right to freely organise activities and formulate programmes
- According to the current Labour Code, the activities of trade unions are determined by decree.
Categories of workers prohibited or limited in law from forming or joining a union, or from holding a union office:
- >Others categories
- The Constitution of April 2007 guarantees both public and private sector workers, with the exception of seafarers and workers providing so-called essential services, the right to join and form trade unions. However, according to the current Labour Code, the establishment, organisation and operation of trade unions is determined by decree. Radio and television broadcasting and banking are included in the so-called essential services classification, largely exceeding the limits set in the ILO definition.
Right to collective bargaining
Principles
Right to collective bargaining:
- >The right to collective bargaining is recognised by law.
Restrictions
Restrictions on the principle of free and voluntary bargaining:
- >Compulsory conciliation and / or binding arbitration procedure in the event of disputes during collective bargaining, other than in essential services
- Workers first have to exhaust the conciliation, mediation and arbitration procedures determined by the authorities.
Limitations or ban on collective bargaining in certain sectors:
- >Other categories
- The Labour Code does not cover seafarers. Under the Maritime Code, they do have the right to conclude collective agreements, but their right to organise is not specifically recognised in law.
Right to strike
Principles
Right to strike:
- >The right to strike is enshrined in the Constitution.
- >The right to strike is recognised by law but strictly regulated.
Article 33 of the Constitution adopted in April 2007 stipulates that "the right to strike is recognised without prejudice to the principle of continuity of public services or to the security and essential needs of the Nation".
Restrictions
Limitations or ban on strikes in certain sectors:
- >Undue restrictions for "public servants"
- Article 33 of the Constitution adopted in April 2007 stipulates that "the right to strike is recognised without prejudice to the principle of continuity of public services or to the security and essential needs of the Nation". This provision is much too broad, as it covers all state employees and does not explicitly exclude private sector employees.
- >Discretionary determination or excessively long list of "essential services" in which the right to strike is prohibited or severely restricted
- The government has the power to require public employees to work, in order to end or avert a strike, within the framework of its broad definition of "essential services".
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)
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:
19,600,000
Capital: Antananarivo
Capital: Antananarivo
reported violations - 2011
Documented violations - actual number of cases may be higher
In practice
Trade union rights often flouted: The predominance of subsistence agriculture and the informal sector as well as the employers’ contempt for trade union activities help to ensure that labour legislation only applies to a small minority of workers. Over recent years, trade unions have complained of the opacity of the agreements concluded between the authorities and the mining companies and the growth in the illegal export of rosewood. According to a recent report by the Conférence des travailleurs de Madagascar (CTM) and the Friedrich-Ebert-Stiftung (FES), most of the collective agreements have been signed in public companies. With privatisation, however, many have become obsolete (rail, telecommunications, energy, etc.).
Significant reduction in activities and jobs in export processing zone companies: According to the Groupement des enterprises franches et partenaires (GEFP), the withdrawal of trade concessions by the US which had been awarded under the African Growth and Opportunity Act (AGOA) caused the loss of almost 30,000 jobs. In 2009, companies in the export processing zones employed 133,000 workers, 80% of these workers were employed in the textile industry. It should be noted that in recent years, most reported cases of anti-trade union discrimination involved companies in the export processing zones.
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)
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:
19,600,000
Capital: Antananarivo
Capital: Antananarivo
reported violations - 2011
Documented violations - actual number of cases may be higher
Violations
Intimidation by the authorities: The Conférence des travailleurs malgaches (CTM), the platform which groups together the main trade union centres decided to boycott
boycott
A collective refusal to buy or use the goods or services of an employer to express disapproval with its practices. Primary boycotts are used to put direct pressure on an employer, while a secondary boycott involves the refusal to deal with a neutral employer with the view of dissuading it from patronising the target employer.
the 1 May celebrations and not to march in the streets, as they considered that democracy was in crisis in the country and fearing that the celebrations would be hijacked for political motives. The social climate deteriorated seriously throughout the year and the government tried to intimidate striking workers and trade union activists. Protest actions in certain sectors of the public service such as health and education caused by the worsening socio-economic climate have been systematically criticised by the authorities. They claimed that they had political motives and that the transition period was not an appropriate moment for demands.
Two trade unionists dismissed at Blue Maille: Two trade union activists, Henintsoa Randrioamahatsangy and Faridah Slimani from Blue Maille (clothing) in the 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.
have been waiting the entire year to be reinstated. They were dismissed in 2009 on trumped up charges just after setting up the Syndicat autonome des travailleurs Miray Hina (SATMAH) affiliated to the Union des syndicats autonomes de Madagascar (USAM). The employer showed no hesitation in telling them that he would not tolerate a trade union within the company. The Court dismissed the plaintiff’s case; the plaintiffs launched an appeal on the 10 February. The trade union was able to show that a crucial part of the file had been removed to favour the employer. A verdict will be issued early 2011.
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)
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:
19,600,000
Capital: Antananarivo
Capital: Antananarivo
reported violations - 2011
Documented violations - actual number of cases may be higher