Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 1 of the Convention. Non-discrimination provisions. The Committee recalls its previous comments pointing out that the Labour Code and the Civil Service Statute contain different lists of prohibited grounds of discrimination and that both lack reference to the ground of colour. The Committee also noted that these provisions could be strengthened by defining what constitutes discrimination and by explicitly prohibiting indirect discrimination. The Committee requested the Government to consider harmonizing and supplementing these laws accordingly. The Committee notes that the Government reiterates its previous declaration that these comments have been taken into account and that the provisions of the Labour Code and the Civil Service Statute will be aligned with the Convention. The Committee also notes that no judicial or administrative decisions applying the non-discrimination clauses of these laws are currently available. The Committee encourages the Government to take the necessary steps to harmonize the Labour Code and the Civil Service Statute with the Convention and requests it to provide information on the measures taken in this regard. The Committee also hopes that the Government will be in a position to provide with its next report information on any judicial or administrative decisions relating to the application of the non-discrimination provisions of the abovementioned legislation.

Sexual harassment. The Committee notes the Government’s indication that the sensitization campaigns on sexual harassment are producing some effects and victims are starting to voice their complaints. The Committee requests the Government to provide information on any cases of sexual harassment brought before national courts as well as on any violations detected in this respect by the labour inspection services, the sanctions imposed and the remedies provided. The Committee also reiterates its request for information on the measures taken to prevent and combat sexual harassment at the workplace. Please continue to provide information on sensitization and awareness-raising campaigns carried out on this issue.

Articles 2 and 3. Obligation to declare and pursue a national policy to promote equality of opportunity and treatment in employment and occupation. In the absence of the information previously solicited, the Committee again requests the Government to provide information on the measures taken under the National Employment Policy and the National Action Plan on Gender Equality and Development with a view to promoting gender equality in employment and occupation. The Committee also requests the Government to provide information on the measures taken to promote equality of opportunity and treatment in respect of the other grounds covered by the Convention, particularly race, colour, national extraction and social origin.

Gender equality. The Committee notes the Government’s indication that the programme “Promotion Income”, realized under the auspices of the UNDP, targets women and young people in the informal sector. The Committee also notes the statistical information provided by the Government on the number of women and men jobseekers in 2007 disaggregated by education level. The Committee further notes from the 2008 concluding observations of the United Nations Committee on the Elimination of Discrimination against Women that discriminatory practices concerning land ownership and inheritance limit women’s access to credit and loan facilities (CEDAW/C/MDG/CO/5, 7 November 2008, paragraph 32). The Committee requests the Government to supply full information on the measures taken, and the impact thereby, under the programme ‘Promotion Income’ to promote women’s employment, as well as on any other measures taken or envisaged to foster women’s access to a wider range of occupations and career advancement, including information on any measures taken in this respect by the Malagasy Office for Employment Promotion (OMPE). The Committee also requests the Government to provide statistical data on the distribution of men and women in the different economic sectors, occupational categories and positions, in both the public and the private sectors. Please also provide information on any measures taken to facilitate women’s access to credit and loan facilities with a view to fostering their engagement in economic activities.

Vocational training. The Committee requests the Government to provide information on the measures taken or envisaged to promote women’s enrolment in technical and vocational schools, particularly in branches traditionally dominated by men, and their impact, including information on men and women’s rates of enrolment.

Article 5. Special measures of protection. With regard to the implementation of section 93 of the Labour Code prohibiting certain types of work from being carried out by women and pregnant women, the Committee notes the Government’s indication that specific regulations on the matter are being drafted. The Committee requests the Government to provide information on the progress of the elaboration and adoption of these regulations and invites it to provide a copy of them once adopted.