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- TITLE: MADAGASCAR HUMAN RIGHTS PRACTICES, 1994
- AUTHOR: U.S. DEPARTMENT OF STATE
- DATE: FEBRUARY 1995
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- 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.
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