Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the information provided by the Government in its first report on the application of the Convention.

Article 1(b) of the Convention. Imposition of forced labour as a method of mobilizing and using labour for purposes of economic development. The Committee notes that, under section 2 of Ordinance No. 78-002 of 16 February 1978 setting forth general principles of national service, all Malagasies are bound by the duty of national service defined as compulsory participation in national defence and in the economic and social development of the country. This compulsory service, which puts citizens at the effective service of the defence or of development, concerns both citizens of both sexes for a maximum period of two years and may be carried out up to the age of 35. This obligation is carried out in the armed forces, outside the armed forces, or partly in the armed forces and partly outside the armed forces.

The Committee draws the Government’s attention to the fact that programmes involving the compulsory participation of young persons in the context of military service and, instead of such service, in activities for the development of their country have been considered incompatible with Article 1(b) of the Convention, which does not allow compulsory national service to be used as a method of mobilizing and using labour for purposes of economic development. Moreover, the above provisions of the national legislation are also contrary to Article 2(2)(a) of the Forced Labour Convention, 1930 (No. 29), which has also been ratified by Madagascar. The Committee notes in this respect that, in the context of the application of Convention No. 29, the Government indicated that Ordinance No. 78-002 could be considered obsolete and that its revision could be envisaged.

The Committee hopes that the Government will take all the necessary measures to bring the national legislation on compulsory national service into conformity with the Convention.

Article 1(c). Imposition of forced labour as a means of labour discipline. The Committee notes that section 168 of the Labour Code (Act No. 2003-044 of 28 July 2004) provides that, through internal rules, “the employer shall establish the general and permanent rules respecting the technical organization of the establishment and general discipline, determining the nature and extent of the penalties which may be imposed … ”. Section 170 specifies that an order made by the minister responsible for labour shall determine the minimum content of internal rules and the applicable sanctions. The Committee would be grateful if the Government would provide a copy of the ministerial order referred to in section 170 of the Labour Code, so that it could examine the nature of disciplinary measures that may be imposed on employees.