Individual Case (CAS) - Discussion: 1992, Publication: 79th ILC session (1992)

A Government representative, the Minister of Labour, noted with regret that he could not supply any substantial information on the application of this Convention at this time. He assured the Committee, however, that upon his return to his country he would look into this question in detail in order to satisfy the comments raised by the Committee of Experts.

The Workers' members also expressed their regret that the Government was unable to reply to the comments made by the Committee of Experts on this important matter. They recalled that the Committee of Experts had been making observations on this case since 1978. They noted that the last Government report was received in 1989. The national legislation only provided for fixing weight limits of loads transported by young workers and women. The Convention, however, provided that no worker shall be required or permitted to engage in manual transport of a load which by reason of its weight was likely to jeopardise his health or safety. There were, however, no limits on the weight of loads for adult men in Madagascar either in law or in practice. In Madagascar factories, traders, transporters and farmers used sacks of 90 kg, 75 kg or 70 kg which were manufactured locally. The use of sacks which were in conformity with international standards, in the opinion of the Government, gave rise to problems with respect to production cost and prices for manufacturers, users, producers and farmers. They noted from the Committee of Experts' report that in a letter from the Minister of Labour to the social partners, dated November 1988, the Government proposed that production units manufacture sacks of 55 kg or 65 kg by stages and launch them progressively on to the market "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings at the international level". Paragraph 14 of the Maximum Weight Recommendation fixed the maximum weight for loads which may be manually transported by an adult male worker at 55 kg. The Minister's recommendation was therefore not sufficient to ensure the application of the Convention. They requested the Government representative to indicate whether his Government intended to re-examine its position in this regard and to take the necessary measures to ensure conformity with the Convention for adult male workers. They also urged the Government to provide a detailed report in reply to the comments made by the Committee of Experts in order to permit a complete evaluation of this situation.

The Employers' members associated themselves with the comments made by the Workers' members. They observed that this was the first occasion this case was discussed in this Committee. They regretted that the Government representative was not in a position to provide any substantial information and stressed the practical significance of this Convention. They urged the Government to make every effort to ensure compliance with its obligations in the future.

The Government representative noted the concerns expressed by the Committee on this very important question and assured that special efforts would be made to find an appropriate solution to these problems as soon as possible.

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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

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

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

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 3 of the Convention. Establishment of maximum weight for manual transport. The Committee notes with interest the information in the Government’s latest report, indicating the unanimous decision by the relevant ministries to set the maximum weight for the manual transport of any load by a single male adult worker at 50 kg. The Committee hopes that the inter-ministerial order giving full effect to the provisions of the Convention, including its Article 3, will come into effect without any further delay.

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

The Committee notes the brief information provided by the Government in reply to its previous comments.

Article 3 of the Convention. Establishment of maximum permissible weight for manual transport. In its previous observation, the Committee recalled that, since the ratification of the Convention by Madagascar, it has been emphasizing that the laws and regulations in force in the country do not give effect to this provision of the Convention. It further recalled that for a number of years the Government had given the undertaking that it would take the necessary measures to bring the laws and regulations concerned into conformity with the Convention. The Committee notes with regret that the Government confines itself to indicating that measures will be taken to achieve the adoption of a ministerial order. The Government therefore makes no further reference to the ministerial order setting the maximum weight for the manual transport of any load by a single male adult worker at 55 kg or 50 kg, in accordance with the Convention, which, according to the Government’s previous report, had been forwarded to the Ministries of Industry, Trade and Transport, where it had already been discussed and approved. The Committee is therefore bound to express once again the firm hope that 33 years after the ratification of the Convention by Madagascar the Government will adopt the inter-ministerial order concerned with a view to giving full effect to the provisions of the Convention.

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

Further to its previous comments, the Committee notes the information provided by the Government.

Article 3 of the Convention. The Committee recalls that, since the ratification of the Convention by Madagascar, it has been emphasizing that the laws and regulations in force in the country do not give effect to this provision of the Convention. The Committee also recalls that for a number of years the Government has been undertaking to adopt the necessary measures to bring the laws and regulations concerned into conformity with the Convention. It notes that, in accordance with the indications provided by the Government in its last report, the Ministry of the Public Service, Labour and Social Legislation has prepared an inter-ministerial order setting the maximum weight for the manual transport of any load by a single male adult worker at 55 kg or 50 kg, in accordance with the Convention. This draft order has been forwarded to the Ministries of Industry, Trade and Transport, where it is currently under discussion with a view to its approval.

The Committee notes the Government’s statement that the Convention is neither applied nor given effect in the country unless an order setting the maximum weight is in force. The Committee therefore trusts that the draft order referred to above will be adopted in the very near future to give full effect to the provisions of the Convention.

The Committee hopes that the Government’s next report will indicate the adoption of the above order and it requests the Government to provide a copy of the order when it has been promulgated.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which was on the following points:

The Committee notes the adoption on 25 August 1995 of a new Labour Code (Act No. 94-029), under section 208 of which the provisions respecting occupational health and safety of the 1975 Labour Code remain in force. The Committee also notes the information provided by the Government in its report to the effect that the national Assembly has adopted a Code respecting health, safety and the working environment and that the texts to be issued under this code, which are currently being prepared, will take into account the provisions of the Convention. The Committee recalls that its previous comments concerned the following matters: Even before the adoption of the Labour Code in 1975, the Government had announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardization of sacks manufactured locally remained valid and that this practice would be laid down in regulations. The Committee noted that, according to the Government's report received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, in practice factories, traders, transporters and farmers use sacks of 90, 75 or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principal manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and rural workers. In a letter addressed in November 1988 to the social partners, the Minister invited them to recommend production units "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings at the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to introduce them progressively onto the market as they are produced. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. The Committee noted that it was more than 20 years since Madagascar ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principal manufacturers of sacks which will respect the standard of 50 kg. In these circumstances, it considers that the Government's letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will indicate in the near future the measures which have been taken to ensure that the Convention is applied to adult workers and that it will provide copies of the provisions that have been adopted, including a copy of the Code respecting health, safety and the working environment, when it has been enacted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes the adoption on 25 August 1995 of a new Labour Code (Act No. 94-029), under section 208 of which the provisions respecting occupational health and safety of the 1975 Labour Code remain in force. The Committee also notes the information provided by the Government in its report to the effect that the national Assembly has adopted a Code respecting health, safety and the working environment and that the texts to be issued under this code, which are currently being prepared, will take into account the provisions of the Convention. The Committee recalls that its previous comments concerned the following matters:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers.

Even before the adoption of the Labour Code in 1975, the Government had announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardization of sacks manufactured locally remained valid and that this practice would be laid down in regulations.

The Committee noted that, according to the Government's report received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, in practice factories, traders, transporters and farmers use sacks of 90, 75 or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principal manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and rural workers. In a letter addressed in November 1988 to the social partners, the Minister invited them to recommend production units "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings at the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively onto the market as they are produced.

The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. The Committee noted that it was more than 20 years since Madagascar ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principal manufacturers of sacks which will respect the standard of 50 kg. In these circumstances, it considers that the Government's letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression.

The Committee trusts that the Government will indicate in the near future the measures which have been taken to ensure that the Convention is applied to adult workers and that it will provide copies of the provisions that have been adopted, including a copy of the Code respecting health, safety and the working environment, when it has been enacted.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes with regret that for the fifth year in succession no report has been received from the Government. It also notes the Government representative's statement at the Conference Committee of 1992 that it was not possible to communicate information on the application of the Convention. Noting the concerns expressed by the Conference Committee concerning the lack of information on the application of the Convention and the importance placed by the Committee on this question, the Committee must repeat its previous observation on the following matters:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers. Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardization of sacks manufactured locally remained valid and that this practice would be laid down in regulations. However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. It is more than 20 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes with regret that for the fourth year in succession the Government's report has not been received. It also notes that the Government representative's statement at the Conference Committee of 1992 that it was not possible to communicate information on the application of the Convention. Noting the concerns expressed by the Conference Committee concerning the lack of information on the application of the Convention and the importance placed by the Committee on this question, the Committee must repeat its previous observation, which read as follows:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers. Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardization of sacks manufactured locally remained valid and that this practice would be laid down in regulations. However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. It is more than 20 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with regret that the Government's report has not been received. It also notes that the Government representative's statement at the Conference Committee of 1992 that it was not possible to communicate information on the application of the Convention. Noting the concerns expressed by the Conference Committee concerning the lack of information on the application of the Convention and the importance placed by the Committee on this question, the Committee must repeat its previous observation, which read as follows:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers. Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardization of sacks manufactured locally remained valid and that this practice would be laid down in regulations. However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardize his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. It is more than 20 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers. Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardisation of sacks manufactured locally remained valid and that this practice would be laid down in regulations. However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardise his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. It is more than 20 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers. END OF REPETITION

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers. Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardisation of sacks manufactured locally remained valid and that this practice would be laid down in regulations. However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market. The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardise his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. Soon it will be 30 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers.

TEXT

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

In the comments that it has been making for a number of years, the Committee notes that measures have not yet been taken to limit the weight of loads that may be transported by adult male workers.

Even before the adoption of the Labour Code in 1975, the Government announced in its reports that texts to apply the Code would include a text to give effect to this Convention. In a report received in 1983, the Government confirmed this undertaking, although it pointed out that factories manufacturing jute and plastic sacks for rice, flour, etc., now respected the standard of 50 kg, and that the old sacks of 70 or 75 kg were disappearing since they were no longer being manufactured in Madagascar. In its report for the period ending 30 June 1986, the Government indicated that the above information concerning the current standardisation of sacks manufactured locally remained valid and that this practice would be laid down in regulations.

However, the Government's last report, which was received in 1989, and the two letters signed by the Minister of the Civil Service, Labour and Labour Legislation in 1988, which were attached to the report, show that, in practice, factories, traders, transporters and farmers use sacks of 90 kg, 75 kg or 70 kg, which are generally manufactured locally, even though certain enterprises which are the principle manufacturers of these articles currently respect the standard of 50 kg. Consequently, the use of sacks that are in conformity with the requirements of international standards would, in the opinion of the Government, give rise to problems at the level of manufacture and consumption and would create difficulties as regards production costs and prices for manufacturers, users, producers and farmers. In a letter to the social partners in November 1988, the Minister invited them to recommend production units, "in order to avoid the harmful effects of the immediate application of the Convention in national law and so as not to be in opposition with the country's undertakings on the international level", to manufacture, by stages, sacks of 55 kg or 65 kg and to launch them progressively, as they are produced, onto the market.

The Committee recalls that by virtue of Article 3 of the Convention, no worker shall be required or permitted to engage in the manual transport of a load which, by reason of its weight, is likely to jeopardise his health or safety. This rule does not provide for any exceptions on the grounds of production costs or prices or for any other reason. Soon it will be 30 years since Madagascar has ratified the Convention. For several years, the Government has been undertaking to lay down in regulations the current practice adopted by the principle manufacturers of sacks which respect the standard of 50 kg. In these circumstances, its letter recommending the production of sacks of up to 65 kg constitutes a serious retrogression. The Committee trusts that the Government will re-examine its position and that it will indicate in the near future the measures that have been taken to ensure that the Convention is applied to adult male workers. [The Government is asked to report in detail for the period ending 30 June 1990.]