(ITUC OnLine): 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 <http://www.ituc-csi.org/IMG/pdf/MADAGASCAR_final.pdf> 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.
