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MADAGASC.TXU
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TITLE: MADAGASCAR HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
Section 6 Worker Rights
a. The Right of Association
The Malagasy in both the public and private sectors have the
right in law (the 1975 Labor Code and the 1992 Constitution)
and in practice to establish and join labor unions of their own
choosing without prior authorization. However, essential
service workers, including police and military, may not form
unions. Unions are required to register with the Government,
and registration is routinely granted. About 80 percent of the
labor force of 5 million is agrarian. Unionized labor accounts
for only about 5 percent of wage labor.
There are a number of trade union federations, and many are
affiliated with political parties. In practice, however,
formal public and private sector unions have not played a major
role politically or economically in recent years. The
Government exercised very limited control over organized labor.
The 1975 Labor Code and the new Constitution provide for the
right to strike, even in export processing ("free trade")
zones. Those providing essential services--police, fire
fighters, hospital workers--have only a limited right to
strike. In November the National Assembly voted to adopt a
controversial new Labor Code which could have the practical
effect of discouraging strikes and limiting collective
bargaining. At year's end, the Constitutional High Court had
not approved the new Code.
There were occasional strikes in 1994, but none was officially
declared illegal, including a taxi strike which barricaded
roads in the capital city. Most were resolved by negotiations
or by informal arbitration by high government officials,
including the President. Laws and regulations prohibit
retribution against strikers who adhere to legal procedures for
striking. Unions and workers were not directly targeted for
human rights abuses, nor was there any apparent retribution
against strikers and leaders.
Unions may and do freely affiliate with and participate in
international bodies and may form federations or
confederations. The Government of Madagascar is party to the
ILO Conventions.
b. The Right to Organize and Bargain Collectively
Both the 1975 Labor Code and the 1992 Constitution provide for
the right to bargain collectively. The Code states that
collective bargaining may be undertaken between management and
labor at either party's behest. Collective bargaining
agreements exist but are not common, and the Government is
often involved in the bargaining process, in part because of
the large number of public sector employees in organized
labor. The minimum wage is set by the Government. Other wages
are set by the employers with individual employees, sometimes
below the minimum wage. When there is a failure to reach
agreement, the Ministry of Labor convenes a Committee of
Employment Inspectors who attempt to resolve the matter. If
this process fails, the Committee refers the matter to the
Chairman of the Court of Appeals for final arbitration. No
such cases reached the Court of Appeals in 1994.
The 1975 Labor Code formally prohibits antiunion discrimination
by employers against union members and organizers. In the case
of antiunion activity, the union or its members may file a
petition in civil court challenging the employer. Labor laws
apply uniformly throughout the country, including in free trade
zones. However, the Government has difficulty effectively
enforcing labor laws and regulations due to lack of basic
resources. Ministry of Labor inspectors, who number only 27,
visit industrial work sites with some regularity, but mostly in
the capital region.
c. Prohibition of Forced or Compulsory Labor
Forced labor is explicitly prohibited by the 1975 Labor Code
and is not practiced.
d. Minimum Age for Employment of Children
The 1975 Labor Code describes a child as any person under the
age of 18. The legal minimum age for employment is 14, and the
use of child labor is prohibited in those areas where there is
apparent and imminent danger. The Government tries to enforce
these child labor laws in the small wage sector through
inspectors from the Ministry of Labor and Social Security.
However, in the large subsistence sector, many young children
work with their parents on family farms at much earlier ages.
Similarly, in the urban areas many children earn money hawking
parking spaces, newspapers or other wares, and by carrying
water and begging.
e. Acceptable Conditions of Work
The 1975 Labor Code and its enforcing legislation prescribe the
working conditions and wage scales for employees, which are
enforced by the Ministry of Labor and Social Security. The law
distinguishes between agricultural and nonagricultural work.
There are several administratively determined minimum-wage
rates in Madagascar, depending upon employment skills, starting
with $17 a month (63,000 Malagasy francs) for unskilled
workers. This wage is inadequate to ensure a decent standard
of living for a worker and family, and workers must supplement
their incomes through subsistence agriculture, petty trade, or
reliance on the extended family structure. Given insufficient
enforcement measures, official wage rates are sometimes ignored
as high unemployment and extreme poverty lead workers to accept
salaries below the legal wage.
There is a 44-hour workweek in nonagricultural and service
industries. There are also provisions for holiday pay, sick
and maternity leave, and insurance.
The 1975 Labor Code has rules concerning building and
operational safety, machinery and moving engines, lifting
weight limits, and sanitation standards. Ministry of Labor and
Social Security inspectors visit industrial work sites, and
violations of Labor Code rules are subject to inspection
reports. Lack of resources effectively inhibit inspectors
traveling regularly beyond the capital region. If cited
violations are not remedied within the specified time frame,
the violators may be legally charged and subject to penalties.
Nevertheless, in some sectors protective measures are lacking
due to the expense of even minimal protective clothing and
other protective devices. To date, there have been no
published reports on occupational health hazards and accidents,
although there is clear evidence that these hazards exist.
There is no explicit right allowing workers to remove
themselves from dangerous work without jeopardizing their
continued employment. The ILO has cited the Government within
the past year for failure to observe ILO conventions and
standards in workplace safety and weight limits.