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Vocational Rehabilitation and Employment (Disabled Persons) Convention, 1983 (No. 159) - Madagascar (Ratification: 1998)

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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee notes the observations of the General Confederation of Malagasy Trade Unions (FISEMA), received on 1 September 2022. The Committee requests the Government to provide its comments in this respect.

Articles 2 and 3 of the Convention. National policy on employment of persons with disabilities. Employment promotion for persons with disabilities in the public and private sectors. The Committee notes the Government’s indications on the main policies, regulations and measures adopted to promote the employment of persons with disabilities. In particular, the Government states that a preliminary bill on the General Public Servant Regulations is being drawn up, requiring the public administration to facilitate access to the workplace for persons with disabilities. Implementing regulations are to be adopted to meet this obligation. The Government also indicates that a Service Assisting Older Persons and Persons with Disabilities (SAPAPH) exists within the Ministry of the Population, Social Protection and the Promotion of Women, which works with associations and centres specializing in the rights of persons with disabilities. With regard to the National Vocational Training Centre for Persons with Disabilities (CNFPPSH), the Government points out that, in 2022, there were four training centres for persons with disabilities: the Antananarivo Centre, established in 2010; the Majunga Centre, established in 2011, training 144 people; the Tuléar Centre, established in 2011, training 44 people in cutting and sewing; and the Sambava Centre, established in 2019, training 14 people in IT. As to the National Commission for Persons with Disabilities, the Government indicates that, as it encountered difficulties during its implementation, an Inter-Ministerial Committee was created to fulfill its function, namely, to rule on all issues relating to the integration and reintegration of persons with disabilities. The Inter-Ministerial Committee has drawn up a National Disability Inclusion Plan (PNIH). Regarding statistics on the matters covered by the Convention, the Government reports that the labour force participation rate of the population with disabilities is 53 per cent (58.4 per cent for men and 46.9 per cent for women). The Committee observes that this rate is relatively low compared to that of persons without disabilities, which is 73.1 per cent.

While taking due note of the information on the development of the PNIH, the Committee recalls that the main purpose of the Convention is the adoption of an inclusive national policy for the employment of persons with disabilities, and that the adoption of measures designed to achieve this objective is even more effective if it forms part of a national policy designed with the participation of all the actors concerned that has secured the necessary funding for its implementation. The existence of such a framework guarantees the coherence of all the measures taken and forms the basis of the work programme of the various bodies called upon to implement it. The Committee notes that the adoption of the PNIH has reinforced other specific policies, such as the auditory and visual health and physical rehabilitation policies, the implementation of which had been entrusted to the Ministry of the Population, Social Protection and the Promotion of Women, which had been allocated budgetary provisions. The development of the PNIH had been made possible by a joint action initiated in 2014 by civil society organizations working in the area of disability and the Ministry of the Population.

The Committee requests the Government to provide further information on the implementation of the National Disability Inclusion Plan (PNIH). The Government is also asked to indicate whether the PNIH has been extended beyond its initial term of 2019 within the above-mentioned Inter-Ministerial Committee. The Committee would also be grateful if the Government would indicate any progress made in the previously announced establishment of a National Commission for Persons with Disabilities, comprising representatives of the various ministries concerned as well as persons with disabilities. It also requests the Government to continue to provide detailed and up-to-date information on the measures adopted with a view to promoting the employment of persons with disabilities in the public and private sectors, particularly in terms of legislation aimed at facilitating access to public infrastructures for persons with disabilities. The Committee further requests the Government to keep it informed of the activities of the Service Assisting Older Persons and Persons with Disabilities (SAPAPH) and the National Vocational Training Centre for Persons with Disabilities (CNFPPSH). It also requests the Government to provide detailed updated information on the number of persons with disabilities that participate in mainstream technical and vocational education and training (TVET) system. Lastly, the Committee requests the Government to continue to provide information on the application of the Convention in practice, including statistics, extracts from reports, studies and inquiries, concerning the matters covered by the Convention.

Article 4. Effective equality of opportunities and treatment for persons with disabilities. The Committee notes with regret that since 2010, it has been requesting the Government to provide information on the special positive measures taken to ensure equality of opportunity and treatment for persons with disabilities. With regard to the private sector, the Government limits itself, once again, to referring to the provisions of Act No. 2003 044, of 28 July 2004, issuing the Labour Code, and particularly section 105, which prohibits discrimination and provides that persons with disabilities have the right to work and to employment, to equality of opportunity and treatment in apprenticeship, vocational training and employment. Concerning the public service, the Government observes that its access is governed by the principle of equality and meritocracy and specifies that with the exception of certain services, such as the police, the recruitment criteria are general criteria such as age and training, not physical fitness. As to the employment of persons with disabilities, the Government reports that, according to the Third General Population and Housing Census (RGPH-3), 50.9 per cent of persons with disabilities of working age are engaged in an economic activity, compared to 70 per cent of those without disabilities – the proportion varying according to the type of disability. Some 81.9 per cent of working persons with disabilities are self-employed, compared to 80.6 per cent of those without disabilities. Among persons with disabilities, the proportion of private sector employees, public sector employees and employers is just 3.2 per cent, 1.5 per cent and 0.6 per cent, respectively, compared to 6.9 per cent, 2.4 per cent and 0.4 per cent among persons without disabilities. The Committee recalls that the objective of Article 4 of the Convention cannot be achieved solely by legislative provisions setting out the general principle of non-discrimination against persons with disabilities and requires the adoption of active and positive measures aimed at effective equality of opportunity and treatment. In this respect, in order to ensure effective equality of access to employment for persons with disabilities, the Committee draws the Government’s attention to the measures contained in Paragraph 11 of the Vocational Rehabilitation and Employment (Disabled Persons) Recommendation, 1983 (No. 168), which provides guidelines for the application of positive measures. The Committee requests the Government to provide detailed information on the positive measures adopted to ensure effective equality of opportunity and treatment for workers with disabilities. The Government is also asked to provide information on the impact of these measures on the employment of men and women with disabilities in the labour market, including statistics.

Article 5. Consultation of representative organizations. The Committee notes with regret that since 2010, the Government has failed to provide the detailed information requested on the consultations held in relation to the matters covered by the Convention. The Government indicates in its latest report that the Ministry responsible for the public service is open to all public employee trade union organizations and that exchanges, consultations and dialogues with the various legally constituted public employee trade union organizations take place on a regular basis. It adds that these organizations are members of the Higher Council of the Public Service, which is a bipartite body for recourse and dialogue. The Committee recalls that Article 5 of the Convention, which requires consultations with the representative organizations of employers, workers and persons with disabilities, concerning national policy on vocational rehabilitation and employment of persons with disabilities, is an essential part of the arsenal of measures required by the Convention. It also notes that FISEMA deplores the fact that the social partners are not consulted on matters relating to the employment of persons with disabilities within the National Labour Committee (CNT), the tripartite body for consultation of the social partners on employment matters. FISEMA also points out that the CNT’s dysfunctional nature prevents it from providing accurate information on government action in this area and the evaluation of such action. The Committee considers that the disagreement between the Government and FISEMA on the effectiveness of the consultations on the implementation of national policy in this area is not conducive to maximizing the potential of tripartite dialogue on this matter. In these circumstances, the Committee once again reiterates its request to the Government to provide detailed information on the measures adopted to ensure that effective consultations are held in accordance with Article 5 of the Convention, including with the representative organizations of persons with disabilities. It also invites the Government to take into consideration, in this regard, the provisions contained in Part VI of Recommendation No. 168 concerning the contribution of employers’ and workers’ organizations to the development of vocational rehabilitation services. As to the consultation of the National Labour Committee (CNT), the Committee refers to its comments under the Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144).

Article 8. Development of services in rural areas and remote communities. In 2010, the Committee noted that regional committees to monitor employment promotion and poverty reduction (CRSPERP) had been established in 10 regions and that two regional centres for the vocational training of persons with disabilities had been established in the north-west and south of the country. The Government has not provided the detailed information requested on this matter since. The Committee therefore once again reiterates its request to the Government to provide detailed information on the provision of vocational rehabilitation and employment services, particularly the vocational guidance and training made available to persons with disabilities in rural areas and remote communities, as well as information on the impact of these services.

Article 9. Suitably qualified staff. The Government indicates that the vocational guidance and vocational training of persons with disabilities must be provided by highly qualified specialized educators. These educators are graduates of the Higher Institute of Social Work (ISTS). The Committee requests the Government to provide detailed information on the training given to educators to enable them to provide customized employment-related services. The Committee also requests the Government to provide detailed information on the nature and range of services provided to persons with disabilities.

Part VI of the report. Representative organizations consulted. The Committee notes the Government’s indication that it consulted the representative employers’ and workers’ organizations at a workshop to present and validate the report, held from 3 to 5 August 2022. The Government states that it has sent copies of the report to the Madagascar Enterprise Group (GEM) and the Fivondronan’ny Mpandraharaha eto Magagasikara (FIVPAMA) (for the employers’ organizations) as well as to the Fivondronan’nySendikaRevolisionera Malagasy (FISEMARE), FISEMA and the Christian Confederation of Malagasy Trade Union (SEKRIMA) (for the workers’ organizations). FISEMA observes, however, that it has not received the Government’s report. The Committee reminds the Government that, in accordance with article 23, paragraph 2, of the ILO Constitution, it is required to communicate the report to the representative organizations. The Committee requests the Government to comment on FISEMA’s observation that it has not received the Government’s report on the application of the Convention.

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), transmitted with the Government’s report. The Committee notes that the SEKRIMA reiterates its previous observations on the application of the Convention. The Committee once again requests the Government to provide its comments on this subject.

Article 3 of the Convention. Employment promotion for persons with disabilities in the public and private sectors. Since 2010, the Committee has been requesting the Government to provide information on the measures taken to promote the employment of persons with disabilities in the public and private sectors, and to provide information on the application of the Convention in practice (Part V of the report form). In its observations, the SEKRIMA notes that persons with disabilities experience difficulties with employment and accessibility, as the majority of administrative offices are still not accessible. It adds that measures intended to encourage enterprises to recruit persons with disabilities should be explicit and achievable. In this regard, the Committee notes that section 18 of Act No. 97-044, of 19 December 1997, on persons with disabilities, to which the Government refers in its report, provides that “through the adoption of promotional and monitoring measures, the State shall facilitate the recruitment of persons with disabilities in private and public enterprises”. Moreover, section 29 of Decree No. 2001-162 issued under Act No. 97 044 provides that the State shall encourage the rehabilitation, vocational training and recruitment of persons with disabilities in public and private enterprises. The Committee also notes that Decree No. 2001-162 provides for the establishment of a national commission for persons with disabilities empowered to issue decisions on all matters relating to the integration and social rehabilitation of persons with disabilities. The Committee once again requests the Government to provide precise and detailed information on the specific measures adopted with a view to promoting the employment of persons with disabilities in the public and private sectors. It invites the Government to provide detailed information on the activities of the National Commission for Persons with Disabilities and on the impact of its activities. The Committee also once again requests the Government to provide information on the application of the Convention in practice, including statistics (disaggregated by sex and age), extracts from reports, studies or investigations into issues covered by the Convention (Part V of the report form).

Article 4. Effective equality of opportunities and treatment for persons with disabilities. Since 2010, the Committee has been requesting the Government to provide information on the special positive measures taken with the aim of ensuring effective equality of opportunity and treatment for workers with disabilities. The Government refers once again to Act No. 2003-044, of 28 July 2004, issuing the Labour Code, and particularly section 105, which prohibits discrimination and provides that persons with disabilities have the right to work and to employment, to equality of opportunity and treatment in apprenticeship, vocational training and employment. The Committee requests the Government to provide detailed information on the special positive measures adopted to ensure effective equality of opportunities and treatment between workers in general and workers with disabilities, including information on the impact of these measures on the employment of persons with disabilities, including statistics disaggregated by economic sector and sex.

Article 5. Consultation of representative organizations. The Government indicates that no information has been received from the department responsible for the application of the Convention. The Committee notes with regret that it has been requesting the Government since 2010 to provide detailed information on the consultations held in relation to the matters covered by the Convention. It recalls that Article 5 of the Convention requires consultations with representative organizations of employers, workers and persons with disabilities. Furthermore, the Committee notes the observations of the SEKRIMA noting the absence of a representative organization of persons with disabilities. The Committee once again requests the Government to provide detailed information on the measures adopted to ensure that consultations are held on all of the matters referred to in Article 5 of the Convention, and to provide information on the outcome of these consultations.

Article 8. Development of services in rural areas and remote communities. The Committee noted previously that regional committees to monitor employment promotion and poverty reduction (CRSPERP) had been established in ten of the 22 regions of the country and that two regional centres for the vocational training of persons with disabilities had been established in the north-west and south of the country. The Committee once again requests the Government to provide detailed information on vocational rehabilitation and employment services, including the vocational guidance and training made available to persons with disabilities in rural areas and remote communities, as well as information on the impact of these services.

Article 9. Suitably qualified staff. The Committee once again requests the Government to indicate the measures taken in training centres to ensure the availability to those concerned of suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities.

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

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

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), transmitted with the Government’s report. The Committee notes that the SEKRIMA reiterates its previous observations on the application of the Convention. The Committee once again requests the Government to provide its comments on this subject.

Article 3 of the Convention. Employment promotion for persons with disabilities in the public and private sectors. Since 2010, the Committee has been requesting the Government to provide information on the measures taken to promote the employment of persons with disabilities in the public and private sectors, and to provide information on the application of the Convention in practice (Part V of the report form). In its observations, the SEKRIMA notes that persons with disabilities experience difficulties with employment and accessibility, as the majority of administrative offices are still not accessible. It adds that measures intended to encourage enterprises to recruit persons with disabilities should be explicit and achievable. In this regard, the Committee notes that section 18 of Act No. 97-044, of 19 December 1997, on persons with disabilities, to which the Government refers in its report, provides that “through the adoption of promotional and monitoring measures, the State shall facilitate the recruitment of persons with disabilities in private and public enterprises”. Moreover, section 29 of Decree No. 2001-162 issued under Act No. 97 044 provides that the State shall encourage the rehabilitation, vocational training and recruitment of persons with disabilities in public and private enterprises. The Committee also notes that Decree No. 2001-162 provides for the establishment of a national commission for persons with disabilities empowered to issue decisions on all matters relating to the integration and social rehabilitation of persons with disabilities. The Committee once again requests the Government to provide precise and detailed information on the specific measures adopted with a view to promoting the employment of persons with disabilities in the public and private sectors. It invites the Government to provide detailed information on the activities of the National Commission for Persons with Disabilities and on the impact of its activities. The Committee also once again requests the Government to provide information on the application of the Convention in practice, including statistics (disaggregated by sex and age), extracts from reports, studies or investigations into issues covered by the Convention (Part V of the report form).

Article 4. Effective equality of opportunities and treatment for persons with disabilities. Since 2010, the Committee has been requesting the Government to provide information on the special positive measures taken with the aim of ensuring effective equality of opportunity and treatment for workers with disabilities. The Government refers once again to Act No. 2003-044, of 28 July 2004, issuing the Labour Code, and particularly section 105, which prohibits discrimination and provides that persons with disabilities have the right to work and to employment, to equality of opportunity and treatment in apprenticeship, vocational training and employment. The Committee requests the Government to provide detailed information on the special positive measures adopted to ensure effective equality of opportunities and treatment between workers in general and workers with disabilities, including information on the impact of these measures on the employment of persons with disabilities, including statistics disaggregated by economic sector and sex.

Article 5. Consultation of representative organizations. The Government indicates that no information has been received from the department responsible for the application of the Convention. The Committee notes with regret that it has been requesting the Government since 2010 to provide detailed information on the consultations held in relation to the matters covered by the Convention. It recalls that Article 5 of the Convention requires consultations with representative organizations of employers, workers and persons with disabilities. Furthermore, the Committee notes the observations of the SEKRIMA noting the absence of a representative organization of persons with disabilities. The Committee once again requests the Government to provide detailed information on the measures adopted to ensure that consultations are held on all of the matters referred to in Article 5 of the Convention, and to provide information on the outcome of these consultations.

Article 8. Development of services in rural areas and remote communities. The Committee noted previously that regional committees to monitor employment promotion and poverty reduction (CRSPERP) had been established in ten of the 22 regions of the country and that two regional centres for the vocational training of persons with disabilities had been established in the north-west and south of the country. The Committee once again requests the Government to provide detailed information on vocational rehabilitation and employment services, including the vocational guidance and training made available to persons with disabilities in rural areas and remote communities, as well as information on the impact of these services.

Article 9. Suitably qualified staff. The Committee once again requests the Government to indicate the measures taken in training centres to ensure the availability to those concerned of suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes 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

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), transmitted with the Government’s report. The Committee notes that the SEKRIMA reiterates its previous observations on the application of the Convention. The Committee once again requests the Government to provide its comments on this subject.

Article 3 of the Convention. Employment promotion for persons with disabilities in the public and private sectors. Since 2010, the Committee has been requesting the Government to provide information on the measures taken to promote the employment of persons with disabilities in the public and private sectors, and to provide information on the application of the Convention in practice (Part V of the report form). In its observations, the SEKRIMA notes that persons with disabilities experience difficulties with employment and accessibility, as the majority of administrative offices are still not accessible. It adds that measures intended to encourage enterprises to recruit persons with disabilities should be explicit and achievable. In this regard, the Committee notes that section 18 of Act No. 97-044, of 19 December 1997, on persons with disabilities, to which the Government refers in its report, provides that “through the adoption of promotional and monitoring measures, the State shall facilitate the recruitment of persons with disabilities in private and public enterprises”. Moreover, section 29 of Decree No. 2001-162 issued under Act No. 97 044 provides that the State shall encourage the rehabilitation, vocational training and recruitment of persons with disabilities in public and private enterprises. The Committee also notes that Decree No. 2001-162 provides for the establishment of a national commission for persons with disabilities empowered to issue decisions on all matters relating to the integration and social rehabilitation of persons with disabilities. The Committee once again requests the Government to provide precise and detailed information on the specific measures adopted with a view to promoting the employment of persons with disabilities in the public and private sectors. It invites the Government to provide detailed information on the activities of the National Commission for Persons with Disabilities and on the impact of its activities. The Committee also once again requests the Government to provide information on the application of the Convention in practice, including statistics (disaggregated by sex and age), extracts from reports, studies or investigations into issues covered by the Convention (Part V of the report form).

Article 4. Effective equality of opportunities and treatment for persons with disabilities. Since 2010, the Committee has been requesting the Government to provide information on the special positive measures taken with the aim of ensuring effective equality of opportunity and treatment for workers with disabilities. The Government refers once again to Act No. 2003-044, of 28 July 2004, issuing the Labour Code, and particularly section 105, which prohibits discrimination and provides that persons with disabilities have the right to work and to employment, to equality of opportunity and treatment in apprenticeship, vocational training and employment. The Committee requests the Government to provide detailed information on the special positive measures adopted to ensure effective equality of opportunities and treatment between workers in general and workers with disabilities, including information on the impact of these measures on the employment of persons with disabilities, including statistics disaggregated by economic sector and sex.

Article 5. Consultation of representative organizations. The Government indicates that no information has been received from the department responsible for the application of the Convention. The Committee notes with regret that it has been requesting the Government since 2010 to provide detailed information on the consultations held in relation to the matters covered by the Convention. It recalls that Article 5 of the Convention requires consultations with representative organizations of employers, workers and persons with disabilities. Furthermore, the Committee notes the observations of the SEKRIMA noting the absence of a representative organization of persons with disabilities. The Committee once again requests the Government to provide detailed information on the measures adopted to ensure that consultations are held on all of the matters referred to in Article 5 of the Convention, and to provide information on the outcome of these consultations.

Article 8. Development of services in rural areas and remote communities. The Committee noted previously that regional committees to monitor employment promotion and poverty reduction (CRSPERP) had been established in ten of the 22 regions of the country and that two regional centres for the vocational training of persons with disabilities had been established in the north-west and south of the country. The Committee once again requests the Government to provide detailed information on vocational rehabilitation and employment services, including the vocational guidance and training made available to persons with disabilities in rural areas and remote communities, as well as information on the impact of these services.

Article 9. Suitably qualified staff. The Committee once again requests the Government to indicate the measures taken in training centres to ensure the availability to those concerned of suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), transmitted with the Government’s report. The Committee notes that the SEKRIMA reiterates its previous observations on the application of the Convention. The Committee once again requests the Government to provide its comments on this subject.

Article 3 of the Convention. Employment promotion for persons with disabilities in the public and private sectors. Since 2010, the Committee has been requesting the Government to provide information on the measures taken to promote the employment of persons with disabilities in the public and private sectors, and to provide information on the application of the Convention in practice (Part V of the report form). In its observations, the SEKRIMA notes that persons with disabilities experience difficulties with employment and accessibility, as the majority of administrative offices are still not accessible. It adds that measures intended to encourage enterprises to recruit persons with disabilities should be explicit and achievable. In this regard, the Committee notes that section 18 of Act No. 97-044, of 19 December 1997, on persons with disabilities, to which the Government refers in its report, provides that “through the adoption of promotional and monitoring measures, the State shall facilitate the recruitment of persons with disabilities in private and public enterprises”. Moreover, section 29 of Decree No. 2001-162 issued under Act No. 97 044 provides that the State shall encourage the rehabilitation, vocational training and recruitment of persons with disabilities in public and private enterprises. The Committee also notes that Decree No. 2001-162 provides for the establishment of a national commission for persons with disabilities empowered to issue decisions on all matters relating to the integration and social rehabilitation of persons with disabilities. The Committee once again requests the Government to provide precise and detailed information on the specific measures adopted with a view to promoting the employment of persons with disabilities in the public and private sectors. It invites the Government to provide detailed information on the activities of the National Commission for Persons with Disabilities and on the impact of its activities. The Committee also once again requests the Government to provide information on the application of the Convention in practice, including statistics (disaggregated by sex and age), extracts from reports, studies or investigations into issues covered by the Convention (Part V of the report form).

Article 4. Effective equality of opportunities and treatment for persons with disabilities. Since 2010, the Committee has been requesting the Government to provide information on the special positive measures taken with the aim of ensuring effective equality of opportunity and treatment for workers with disabilities. The Government refers once again to Act No. 2003-044, of 28 July 2004, issuing the Labour Code, and particularly section 105, which prohibits discrimination and provides that persons with disabilities have the right to work and to employment, to equality of opportunity and treatment in apprenticeship, vocational training and employment. The Committee requests the Government to provide detailed information on the special positive measures adopted to ensure effective equality of opportunities and treatment between workers in general and workers with disabilities, including information on the impact of these measures on the employment of persons with disabilities, including statistics disaggregated by economic sector and sex.

Article 5. Consultation of representative organizations. The Government indicates that no information has been received from the department responsible for the application of the Convention. The Committee notes with regret that it has been requesting the Government since 2010 to provide detailed information on the consultations held in relation to the matters covered by the Convention. It recalls that Article 5 of the Convention requires consultations with representative organizations of employers, workers and persons with disabilities. Furthermore, the Committee notes the observations of the SEKRIMA noting the absence of a representative organization of persons with disabilities. The Committee once again requests the Government to provide detailed information on the measures adopted to ensure that consultations are held on all of the matters referred to in Article 5 of the Convention, and to provide information on the outcome of these consultations.

Article 8. Development of services in rural areas and remote communities. The Committee noted previously that regional committees to monitor employment promotion and poverty reduction (CRSPERP) had been established in ten of the 22 regions of the country and that two regional centres for the vocational training of persons with disabilities had been established in the north-west and south of the country. The Committee once again requests the Government to provide detailed information on vocational rehabilitation and employment services, including the vocational guidance and training made available to persons with disabilities in rural areas and remote communities, as well as information on the impact of these services.

Article 9. Suitably qualified staff. The Committee once again requests the Government to indicate the measures taken in training centres to ensure the availability to those concerned of suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities.

[The Government is asked to reply in full detail to the present comments in 2019.]

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes the observations made by the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 4 September 2017. SEKRIMA calls on the Government to ensure that Madagascan legislation addresses in detail cases of persons with disabilities, in view of the lack of recognition of their rights and the Convention. It adds that the policy for the construction of new public buildings should take into account accessibility for persons with disabilities. SEKRIMA emphasizes that measures to encourage enterprises to hire persons with disabilities should be explicit and feasible. It adds that persons with disabilities face difficulties relating to work and accessibility on a daily basis, as most administrative establishments remain inaccessible to them, despite the construction of new buildings. In this context, action should be taken to improve their situation. SEKRIMA points out that, despite the existence of platforms for associations of persons with disabilities in Madagascar, representative organizations for these persons have not yet been established. It hopes that the implementation of the Decent Work Country Programme (DWCP) 2015–19 will allow for the introduction of vocational rehabilitation and employment services in rural areas and isolated communities. SEKRIMA indicates that it is necessary to implement a national training programme for persons responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities. It suggests that this programme be developed in cooperation with representative employers’ and workers’ organizations. The Committee requests the Government to make observations in this regard.

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments from 2015.

Article 3 of the Convention. Employment promotion for persons with disabilities in the public and private sectors. The Committee notes the information provided by the Government in reply to its previous comments. The Government indicates that the Ministry of Employment, Technical Education and Vocational Training is planning the implementation of a new plan of action entitled “National Plan of Action for Employment and Training” to strengthen the results achieved in the context of the National Employment Support Programme, and to make up for its shortcomings. The Government adds that statistics, reports, studies and inquiries will be prepared as the plan is put into effect. The Committee hopes that the Government will soon be in a position to report the measures implemented with a view to promoting the employment of persons with disabilities in the public and private sectors. The Committee also requests the Government to provide information on the application of the Convention in practice, including statistics, extracts from reports, studies and surveys on the matters covered by the Convention (Part V of the report form).

Article 4. Effective equality of opportunity and treatment for persons with disabilities. In its previous report, the Government reported a certain hesitation among persons with disabilities in respect of those without disabilities, as they considered themselves to be in a position of inferiority. It also indicated that this situation was fortunately not generalized and that many persons with disabilities asserted their rights. The Committee notes the information on the legislative provisions prohibiting discrimination supplied by the Government in reply to its 2010 request. The Committee requests the Government to provide information on the special positive measures taken with the aim of ensuring effective equality of opportunity between workers with disabilities and other workers in general, and between men and women workers with disabilities.

Article 5. Consultation of representative organizations. The Government reiterates that the national structures necessary for the implementation of the National Plan of Action for Employment and Training are still at the design stage and that information on them will be provided to the Office subsequently. The Committee recalls that Article 5 of the Convention requires consultations with representative organizations of employers, workers and persons with disabilities. The Committee hopes that the Government will soon be in a position to provide detailed information on the consultations held in relation to the matters covered by the Convention.

Article 8. Development of services in rural areas and remote communities. The Committee previously noted that regional committees to monitor employment promotion and poverty reduction (CRSPERP) had been established in ten of the 22 regions of the country and that their functions and structures were the same as those at the national level. Two regional vocational training centres for persons with disabilities had been established in the north-east and south of the country. The Committee hopes that the Government will soon be in a position to describe the vocational rehabilitation and employment services made available for persons with disabilities in rural areas and remote communities.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 8. Development of services in rural areas and remote communities. The Committee previously noted that regional committees to monitor employment promotion and poverty reduction (CRSPERP) had been established in ten of the 22 regions of the country and that their functions and structures were the same as those at the national level. Two regional vocational training centres for persons with disabilities had been established in the North East and South of the country. The Committee hopes that the Government will soon be in a position to describe the vocational rehabilitation and employment services made available for persons with disabilities in rural areas and remote communities.

[The Government is asked to reply in detail to the present comments in 2017.]

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition
Article 3 of the Convention. Promotion of the employment for persons with disabilities in the public and private sectors. The Committee notes the Government’s report received in November 2009 in reply to the direct request of 2005. The Government indicates that the Act issuing the National Employment Policy (PNE) for 2005 includes among its objectives facilitating the access of vulnerable social groups, including persons with disabilities, to the employment market. It adds that the National Employment Support Programme (PNSE) has the objective not only of the general promotion of decent work to reduce poverty in the country, but also of strengthening the employability of vulnerable groups, for example through the facilitation of access to information on training and occupations at the local level and to community vocational training, the acquisition and strengthening of skills and the mobilization of continuing resources for the training of vulnerable groups. The Committee invites the Government to provide information in its next report on the measures adopted in the framework of the National Employment Support Policy (PNSE) with a view to promoting employment opportunities for persons with disabilities in the public and private sectors. The Committee invites the Government to provide information on the application of the Convention in practice, including statistics, extracts from reports, studies and surveys on the matters covered by the Convention (Part V of the report form).
Article 4. Effective equality of opportunity and treatment for persons with disabilities. The Government reports a certain hesitation among persons with disabilities in respect of those without disabilities as they always consider themselves to be in a position of inferiority in view of their disability. It indicates that this situation is fortunately not generalized and that many persons with disabilities are engaged in a bitter combat to assert their rights. The Committee requests the Government to provide information on the special affirmative measures adopted to ensure effective equality of opportunity between workers with disabilities and workers generally, and between men and women workers with disabilities.
Article 5. Consultation of representative organizations. The Government indicates that the new members of the National Labour Council are currently being appointed and that there is no representative organization of persons with disabilities within the Council, but that its members include a person with disabilities, who was the former President of the CNT. The Government adds that the National Committee to Monitor Employment Promotion and Poverty Reduction (CNSPERP) is composed of 30 members, of which two are representatives of groups of persons with disabilities. The Committee requests the Government to provide detailed information on the consultations held in the CNSPERP on the matters covered by the Convention.
Article 8. Development of services in rural areas and remote communities. The Government indicates that Regional Committees to Monitor Employment Promotion and Poverty Reduction (CRSPERP) have been established in ten of the 22 regions in the country and that their missions and structures are the same as those at the national level. The Government adds that two regional centres for the vocational training of persons with disabilities were established in 2009–10 in the north-western and southern regions of the country. The centres provide training in the services sector, for example in hotels and computer sciences. The Committee requests the Government to describe the vocational rehabilitation and employment services for persons with disabilities established by the CRSPERP in rural areas and remote communities.
Article 9. Suitably qualified staff. The Government indicates that the National Centre for the Vocational Rehabilitation of Persons with Disabilities, attached to the Ministry of National Education, is responsible for giving effect to the Government’s policy on the vocational training and social integration of persons with disabilities. Training modules exist in such areas as computer skills, baking, hairdressing and dressmaking. The Committee notes that the results of training for 2009 are in decline as a result of the political crisis affecting the country. The Committee requests the Government to indicate the measures adopted in training centres to ensure the availability to those concerned of suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities, as required by Article 9 of the Convention.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3 of the Convention. Promotion of the employment for persons with disabilities in the public and private sectors. The Committee notes the Government’s report received in November 2009 in reply to the direct request of 2005. The Government indicates that the Act issuing the National Employment Policy (PNE) for 2005 includes among its objectives facilitating the access of vulnerable social groups, including persons with disabilities, to the employment market. It adds that the National Employment Support Programme (PNSE) has the objective not only of the general promotion of decent work to reduce poverty in the country, but also of strengthening the employability of vulnerable groups, for example through the facilitation of access to information on training and occupations at the local level and to community vocational training, the acquisition and strengthening of skills and the mobilization of continuing resources for the training of vulnerable groups. The Committee invites the Government to provide information in its next report on the measures adopted in the framework of the National Employment Support Policy (PNSE) with a view to promoting employment opportunities for persons with disabilities in the public and private sectors. The Committee invites the Government to provide information on the application of the Convention in practice, including statistics, extracts from reports, studies and surveys on the matters covered by the Convention (Part V of the report form).

Article 4. Effective equality of opportunity and treatment for persons with disabilities. The Government reports a certain hesitation among persons with disabilities in respect of those without disabilities as they always consider themselves to be in a position of inferiority in view of their disability. It indicates that this situation is fortunately not generalized and that many persons with disabilities are engaged in a bitter combat to assert their rights. The Committee requests the Government to provide information on the special affirmative measures adopted to ensure effective equality of opportunity between workers with disabilities and workers generally, and between men and women workers with disabilities.

Article 5. Consultation of representative organizations. The Government indicates that the new members of the National Labour Council are currently being appointed and that there is no representative organization of persons with disabilities within the Council, but that its members include a person with disabilities, who was the former President of the CNT. The Government adds that the National Committee to Monitor Employment Promotion and Poverty Reduction (CNSPERP) is composed of 30 members, of which two are representatives of groups of persons with disabilities. The Committee requests the Government to provide detailed information on the consultations held in the CNSPERP on the matters covered by the Convention.

Article 8. Development of services in rural areas and remote communities. The Government indicates that Regional Committees to Monitor Employment Promotion and Poverty Reduction (CRSPERP) have been established in ten of the 22 regions in the country and that their missions and structures are the same as those at the national level. The Government adds that two regional centres for the vocational training of persons with disabilities were established in 2009–10 in the north-western and southern regions of the country. The centres provide training in the services sector, for example in hotels and computer sciences. The Committee requests the Government to describe the vocational rehabilitation and employment services for persons with disabilities established by the CRSPERP in rural areas and remote communities.

Article 9. Suitably qualified staff. The Government indicates that the National Centre for the Vocational Rehabilitation of Persons with Disabilities, attached to the Ministry of National Education, is responsible for giving effect to the Government’s policy on the vocational training and social integration of persons with disabilities. Training modules exist in such areas as computer skills, baking, hairdressing and dressmaking. The Committee notes that the results of training for 2009 are in decline as a result of the political crisis affecting the country. The Committee requests the Government to indicate the measures adopted in training centres to ensure the availability to those concerned of suitably qualified staff responsible for the vocational guidance, vocational training, placement and employment of persons with disabilities, as required by Article 9 of the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Employment promotion for persons with disabilities in the public and private sectors. In response to the direct request of 2003, the Government indicates, in the report received in January 2005, that there has been no change in practice since the implementation of Decree No. 2210-162 issued under Act No. 97-044 of 2 February 1997. The Committee recalls that the Convention requires the implementation and periodic review of a national policy (Article 2 of the Convention). It therefore requests the Government to provide information in its next report on the measures adopted in the framework of the national employment policy with a view to promoting the vocational rehabilitation and employment of persons with disabilities. The Committee also requests the Government to provide general information on the manner in which the Convention is applied, including practical information, as required by Part V of the report form.

2. Effective equality of opportunity and treatment for persons with disabilities. Noting the information provided with reference to the measures adopted to secure equality of opportunity between workers with disabilities and other workers, and between men and women workers with disabilities, the Committee requests the Government to provide information in its next report on the effect given to these measures in practice (Article 4).

3. Consultation of representative organizations. The Committee notes the absence of a representative organization of persons with disabilities. It invites the Government to consider taking initiatives to initiate consultations within the National Employment Commission (CNE) on the matters covered by Article 5 of the Convention and to provide information on these consultations.

4. Development of services in rural areas and remote communities. The Committee notes that the Government is currently studying the establishment of a National Commission for Persons with Disabilities at both the national and regional levels. It also notes the Government’s indication in its report that the measures to be taken for the development of services in rural areas and remote communities depend largely on the National Commission. The Committee requests the Government to provide information on the measures adopted by the National Commission and the results achieved in practice through these measures (Article 8).

5. Qualification of staff. Noting that Decree No. 2001-304, referred to in the report, provides that the National Centre for the Vocational Rehabilitation of Persons with Disabilities (CNRPPH) is responsible for the training of persons with disabilities, the Committee requests the Government to provide information on the results achieved in practice by the CNRPPH (Article 9).

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s report and Decree No. 2001-162, published on 9 April 2001 in the Journal Officiel, issued under Act No. 97-044 of 2 February 1998 on persons with disabilities. It requests the Government to provide information on any changes in practice following the entry into force of the above Decree mentioned.

Article 2 of the Convention. The Committee notes the Government’s report indicating that the elaboration of a national labour policy is under way and that part of this policy will cover persons with disabilities. It requests the Government to provide information on the progress achieved and the difficulties encountered in the formulation and implementation of the national labour policy in so far as it concerns persons with disabilities.

Article 4. Noting the information furnished by the Government relating to the applicable legislation, the Committee once again requests information on the measures taken in practice to guarantee equality of opportunity between persons with disabilities and workers in general, and between men and women workers with disabilities.

Article 5. Noting that the issues concerning persons with disabilities are discussed in the National Employment Commission, and particularly by the Committee on Employment and Vocational Training, the Committee of Experts requests the Government to provide information on the consultations held in the National Employment Commission concerning the issues covered by this Article and on the manner in which representatives of persons with disabilities are consulted.

Article 7. The Committee, noting the information provided by the Government on specific services and sections of the National Centre for the Vocational Rehabilitation of Persons with Disabilities (CNRPPH), observes however that this information does not contain any practical indications on the actual work of these services. According to its report, the CNRPPH is undergoing a difficult period. The Committee requests the Government to provide information on the actual work carried out by the services of the CNRPPH and of any other competent body, concerning the issues covered by this Article.

Noting that Decree No. 2001-162 mentioned above provides for the creation of a national committee for persons with disabilities and interregional committees for persons with disabilities, covering all the issues related to the social integration and reintegration of persons with disabilities, the Committee requests the Government to provide information on the measures adopted by the above committees.

Article 8. According to the Government, there is no legislation relating to the measures referred to in this Article of the Convention. The Committee is of the view that the application of this Article does not depend principally on the legislation in force, but more on the practical measures taken to promote the creation and development of vocational rehabilitation and employment services for persons with disabilities in rural areas and isolated communities. The Committee hopes that the Government will make efforts to take the measures provided for in this Article, and that it will keep the Committee informed of the progress made and the difficulties encountered. It also hopes that the Government will provide information on the measures adopted or envisaged to promote cooperation and coordination between public institutions and the numerous private associations for persons with disabilities which, according to the report, operate in the various regions of the island in order to implement this Article of the Convention.

Article 9. Noting that, according to the report, private associations for persons with disabilities operate with their own means, the Committee recalls that, according to this Article, governments should contribute to the complete and thorough training of the persons responsible for the duties referred to in this Article. It hopes that the Government will make available to public and private organizations appropriate training in the vocational rehabilitation, guidance, training, placement and employment of persons with disabilities, and that it will keep the Committee informed on the progress achieved in this regard.

Part V of the report form. The Committee requests the Government to provide a general appreciation of the manner in which the Convention is applied, by providing for example extracts from reports of the activities of the National Committee for Persons with Disabilities, the Interregional Committees for Persons with Disabilities or any other body involved in the implementation of the Convention.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

Article 2 of the Convention. The Government states in its report the various measures in its national policy on vocational rehabilitation and employment of disabled persons. The Committee requests the Government to include in its next report indications on the implementation and periodical revision of its policy.

Article 4. The Committee notes the Government’s determination to take measures regarding the application of the principle of equality of opportunity and treatment between disabled workers and workers in general. It would be grateful if the Government would supply in its next report information on the measures taken or contemplated to this effect. Please also indicate the measures taken to guarantee real equality of opportunity and treatment for disabled men and women workers.

Article 5. In its report the Government indicates the existence of representative organizations of employers and workers and also of organizations dealing with or representing disabled persons. The Committee would be grateful if the Government would include in its next report supplementary information in regard to consultations on the matters mentioned in this Article.

Article 7. The Committee requests the Government to provide in its next report practical information on the specific activity and services of the National Centre for Occupational Rehabilitation of Disabled Persons.

Article 8. In its report, the Government indicates that the occupational rehabilitation and employment services will be established in urban and rural areas. The Committee requests the Government to indicate the measures that have been taken to allow such development in rural areas and isolated communities.

Article 9. The Committee requests the Government to indicate in its next report the measures taken to ensure availability to disabled persons of qualified and appropriate staff in regard to occupational rehabilitation.

Part III of the report form. The Committee notes the existence of authorities supervising the application of laws and regulations. It requests the Government to supply in its next report particulars on the operation of this supervision.

Part V of the report form in conjunction with Articles 2 and 3. The Committee requests the Government to supply in its next report a general appreciation of the manner in which the Convention is applied and, particularly, practical information such as reports of the activities of the National Centre for Occupational Rehabilitation of Disabled Persons (Article 2) and any other indications on the operation of protected workshops and the use of state incentives for enterprises to provide part time employment for disabled persons (Article 3).

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes the Government’s first report on application of the Convention.

Article 2 of the Convention. The Government states in its report the various measures in its national policy on vocational rehabilitation and employment of disabled persons. The Committee requests the Governmentto include in its next report indications on the implementation and periodical revision of its policy.

Article 4. The Committee notes the Government’s determination to take measures regarding the application of the principle of equality of opportunity and treatment between disabled workers and workers in general. It would be grateful if the Government would supply in its next report information on the measures taken or contemplated to this effect. Please also indicate the measures taken to guarantee real equality of opportunity and treatment for disabled men and women workers.

Article 5. In its report the Government indicates the existence of representative organizations of employers and workers and also of organizations dealing with or representing disabled persons. The Committee would be grateful if the Government would include in its next report supplementary information in regard to consultations on the matters mentioned in this Article.

Article 7. The Committee requests the Government to provide in its next report practical information on the specific activity and services of the National Centre for Occupational Rehabilitation of Disabled Persons.

Article 8. In its report, the Government indicates that the occupational rehabilitation and employment services will be established in urban and rural areas. The Committee requests the Government to indicate the measures that have been taken to allow such development in rural areas and isolated communities.

Article 9. The Committee requests the Government to indicate in its next report the measures taken to ensure availability to disabled persons of qualified and appropriate staff in regard to occupational rehabilitation.

Part III of the report form. The Committee notes the existence of authorities supervising the application of laws and regulations. It requests the Government to supply in its next report particulars on the operation of this supervision.

Part V of the report form in conjunction with Articles 2 and 3. The Committee requests the Government to supply in its next report a general appreciation of the manner in which the Convention is applied and, particularly, practical information such as reports of the activities of the National Centre for Occupational Rehabilitation of Disabled Persons (Article 2) and any other indications on the operation of protected workshops and the use of state incentives for enterprises to provide part time employment for disabled persons (Article 3).