Madagascar

Region: Eastern Africa Regional Economic Communities (REC): COMESA · SADC

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(To be linked)

• COMESA
• SADC

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Madagascar’s legal system is primarily based on French civil law, supplemented by customary law in certain areas.

Madagascar has been a member of the International Labour Organization (ILO) and participates in the ILO Decent Work Agenda, including engagement through a Decent Work Country Programme aligned with national development priorities.

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Decree No. 63-124 of 22 February 1963 (Code of Family Benefits and Occupational Injuries)

• Eligibility for family benefits requires a minimum of 134 hours of work per month for domestic workers (Art. 132(1)).

Decree No. 69-145 of 8 April 1969 (Social Security Code) (as amended by Decree No. 69-233 of 17 June 1969)

• Contributions to the National Social Security Fund are based on remuneration.
• For domestic workers, contributions are fixed on a flat-rate basis (Art. 35).
• Eligibility requires at least 20 days or 134 hours per month (Art. 132(1)).

Regulatory note: Domestic workers are expressly incorporated into the social security framework, albeit under differentiated contribution mechanisms.

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Act No. 94-026 (Social Protection Code)

• Extends social protection coverage to:
  • Self-employed workers
  • Informal sector workers
  • Liberal professions

• Establishes three contributory schemes (Art. 7):
  • Salaried workers
  • Self-employed workers
  • Liberal professions

• Applies to any person engaged in independent income-generating activity (Art. 9)

Act No. 2003-044 (Labour Code)

• Self-employed persons may voluntarily access occupational health service benefits within their geographical area (Art. 130(2)).

Act No. 95-004 of 21 June 1995 (Craft Industry Law)

• Craftsmen must operate on a self-employed basis (Art. 2).
• Registered craftsmen may access social insurance schemes (Art. 10).

Regulatory note: The framework reflects a deliberate policy approach to integrating informal and self-employed workers into formalised social protection systems.

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Act No. 2023-007 of 27 July 2023 (Mining Code)

• Governs prospecting, exploration, exploitation, processing, marketing and export of mineral resources (Art. 1).

• Defines artisanal miners as:
  • Individuals or groups using manual or light mechanical techniques
  • Operating in open-pit or underground mines
  • Without processing minerals at the extraction site (Art. 2)

Regulatory note: The Mining Code provides a comprehensive framework applicable to both industrial and artisanal mining activities.

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• IIAG – Madagascar: https://iiag.online/locations/mg.html
• Institutions and Stakeholder Database – Madagascar (to be linked)
• ILO Country Profile – Madagascar (to be linked)