Brussels, 2 April 2008: A new law on export processing
zones adopted in Madagascar in January 2008, following shortly after the
adoption of a new constitution last year that entrenches the
government’s ability to limit the right to strike to some categories of
public sector workers, bears witness to a worsening trend of respect for
workers’ rights, according to a report issued today by
the ITUC on core labour standards in Madagascar.
This report coincides with the country’s trade policy review at the WTO
and highlights that in many respects, the national legislation in force
in the country is in breach of the ILO core labour conventions that the
country has ratified and that are legally binding.
The new law on export processing zones (EPZs) adopted in January 2008
provides for reduced rights to workers in export processing zones as
compared to those subject to the standard provisions of the Labour Code.
This means, for example, that workers in EPZs can be required to exceed
existing norms regarding working hours or face dismissal, hence opening
the way to massive exploitation of those workers.
Despite trade union opposition, Article 33 of the new Constitution of
Madagascar adopted in April 2007 reinforces the government’s ability to
exempt certain categories of public employees, deemed by the government
to be undertaking "essential" work, from the standard provisions of the
law governing the right to strike.
Other legislation in force in the country prevents the effective
exercise of the right to organize and bargain collectively for
categories of workers excluded from the full application of the labour
code, including many public sector workers, seafarers and workers in
small and medium-sized enterprises. These shortcomings have come to the
attention of the ILO’s supervisory organs that continue to urge the
government of Madagascar to amend its legislation to comply with
international labour standards.
The new ITUC survey denounces the widespread nature of child labour in
Madagascar, where 22 per cent of children aged between 6 and 9 in rural
areas are in full-time employment, as are 36 per cent of children
between the ages of 10 and 14. Yet the Ministry of Labour employs only
77 inspectors in the whole country to implement legal provisions against
child labour. It is not surprising that despite free, universal and
compulsory education, the dropout rate remains extremely high.
The national legislation in force bans discrimination; however, no
institution has been set up to fight the practice. Despite the fact that
the law prohibits sexual harassment, this practice is widespread at
workplaces and especially in export processing zones, the report
underlines.
The report concludes with a series of recommendations to the government
of Madagascar on ways to redress its noncompliance with ILO core labour
standards and to promote effective policies that tackle the major labour
and social shortcomings the country is confronted with today.
The ITUC represents 168 million workers in 155 countries and territories
and has 311 national affiliates.
For more information, please contact the ITUC Press Department on +32 2224 0204 or +32 476 621 018
