$* 1 Published jointly by IndustriALL Global Union Sub-Sahara Africa Region www.industriALL-union.org Friedrich-Ebert-Stiftung(FES) Madagascar Villa Martrat, Ankadifotsy Lot IVC Ambatomitsangana Antananarivo 101, Madagascar Tel.:+261 20 22 344 24 E-Mail: info@fes.mg https://madagascar.fes.de/ All rights reserved ©2023 The findings, interpretations and conclusions expressed in this work do not necessarily reflect the views of IndustriAll global union or the Friedrich-Ebert-Stiftung. IndustriAll global union and FES Madagascar are not responsible for the accuracy of the data presented in this document. Any sale or commercial use of media published by IndustriAll global union and the FriedrichEbert-Stiftung(FES) is prohibited without written permission. SUMMARY EXECUTIVE SUMMARY..............................................................................................................5 LIST OF TABLES..........................................................................................................................8 LIST OF GRAPHICS.....................................................................................................................8 LIST OF ACRONYMS..................................................................................................................8 1. INTRODUCTION..............................................................................................................9 2. BRIEF PROJECT DESCRIPTION........................................................................................10 2.1. The purpose of the project.....................................................................................10 2.2. The targets............................................................................................................10 2.2.1. Primary targets...............................................................................................10 2.2.2. Ultimate beneficiaries and companies.............................................................10 2.2.2.1. Beneficiaries..............................................................................................10 2.2.2.2. Companies................................................................................................10 2.3. The i ndicators........................................................................................................11 2.3.1. Indicators linked to target scope.....................................................................11 2.3.2. Indicators of trade union capabilities...............................................................11 2.3.3. Indicators related to expected changes...........................................................12 3. BRIEF DESCRIPTION OF ASSESSMENT PROCESSES AND TOOLS......................................12 3.1. The object of the assessment.................................................................................12 3.2. The methodology, tools and sources......................................................................12 3.2.1. Compilation and study of documents.............................................................12 3.2.2. Surveys...........................................................................................................13 3.2.3. Focus group...................................................................................................13 3.2.4. Tools..............................................................................................................13 3.2.5. Sources..........................................................................................................13 4. MAIN EVALUATION RESULTS BY OBJECTIVES/OUTPUTS/INDICATORS............................13 4.1. The outputs of target actions.................................................................................13 4.1.1. Training of union officials(25 to 30 officials, 40% of whom are women)........13 4.1.2. Strengthening unionization(increasing the unionization rate in 3 to 5 factories supplying multinationals)..............................................................................................17 4.2. The results of trade union capacity-building activities.............................................19 4.2.1. Status of collective bargaining capacity-building actions to address relevant industry issues...............................................................................................................19 4.2.2. Existence and progress of collective bargaining initiatives................................20 4.2.2.1. Works council and collective bargaining agreement...................................20 4.2.2.2. Other forms of collective bargaining..........................................................20 3 4.3. Monitoring the implementation or lack of implementation of GFAs in Madagascar and proposing corrective measures by trade unions- monitoring respect for trade union rights ……………………………………………………………………………………………22 4.3.1. GFA Structures...............................................................................................22 4.3.2. GFA complaint mechanism.............................................................................22 4.4. Promoting the C190 ILO Convention as a key pillar for strengthening union density in this female-dominated industry........................................................................................22 5. SUMMARY: OVERALL ACHIEVEMENT OF OBJECTIVES AND INDICATORS...................... 23 5.1. Regarding the general strengthening of trade union action in companies belonging to a GFA……………………………………………………………………………………………..23 5.2. Concerning the definition of a social dialogue strategy..........................................23 5.3. General status of indicators...................................................................................23 6. CONCLUSION AND RECOMMENDATIONS....................................................................27 6.1. To IndustriALL- SubSaharan Africa Region.............................................................27 6.2. To IndustriALL- Madagascar..................................................................................27 6.3. To the GFA Committee and the GFA focal points...................................................28 6.4. To the unions affiliated to IndustriALL....................................................................28 6.5. To the staff representatives and shop stewards......................................................28 6.6. To the organizers, moderators and trainers............................................................28 APPENDIX 1: QUESTIONNAIRE FOR CENTRAL AND REGIONAL UNION OFFICERS...................... 29 APPENDIX 2: QUESTIONNAIRE FOR SHOP STEWARDS, STAFF REPRESENTATIVES AND WORKERS MEMBERS OF UNION...............................................................................................................32 APPENDIX 3: QUESTIONS TO UNION LEADERS DURING THE FOCUS GROUP............................37 APPENDIX 4: QUESTIONS TO UNION REPRSENTATIVES, STAFF REPRESENTATIVES AND UNIONIZED WORKERS DURING THE FOCUS GROUP...................................................................................39 APPENDIX 5: THE GFA BETWEEN INDUSTRIALL AND ASOS...........................................................42 APPENDIX 6: THE SEMPIZOF REPORT ON VIOLENCE AT ANTA6................................................46 4 EXECUTIVE SUMMARY 1. Purpose of the evaluation The aim of the evaluation is to determine in which extent the project has met the expectations of the targets, actors and stakeholders, in terms of achieving the objectives and indicators set. Accordingly, the evaluation focuses in particular on determining: whether the planned activities were carried out(e.g., which activities were carried out compared to those planned, and whether all the planned areas and topics were covered); to what extent the expected results and the project objective have been achieved, and whether significant impacts have been recorded in the trade union dynamics and in the living and working conditions; to what extent the objectives and actions defined meet the real needs of the beneficiaries and targets; whether technical skills have been passed on to beneficiaries; and whether the project experience has taught us to discern best and worst practices. 2. Project objective The project aimed at strengthening the action of Malagasy trade unions affiliated to IndustriALL Global Union in factories producing for brands bound by a GFA, through the definition and the implementation of strategies aimed at establishing social dialogue at workplace and industry level, particularly with regard to freedom of association, to wages, to benefits and to the fight against gender-based violence. Thus, the main activities planned centered on technical support for trade unions, notably through training and coaching, strengthening freedom of association and collective bargaining, and campaigns focusing on relevant topics such as living wages linked to other working conditions, combating gender-based violence, and monitoring the implementation of GFAs. 3. Methodology The evaluation was carried out according to the following methodology: A document compilation and study phase, which enabled the necessary reference information to be gathered and mastered; Surveys of trade union officers, shop stewards, staff representatives, GFA committee members and trade union members working in the companies concerned. Different questionnaires were drawn up for this purpose. A focus group workshop to consolidate, refine and, when necessary, rectify the information gathered during the previous phases. Guiding questions were prepared for the focus groups. The main sources of information were the trade unions through their members and rank-and-file officers, as well as union leaders at central level, the organizers, the parties to the GFAs either directly or through their websites, the ILO through its website, and the two regional labor inspection services in Antananarivo and Antsirabe. 5 4. Main conclusions Positive results have been achieved for almost all indicators, although there is still considerable room for improvement. Changes in practices have been observed. The new practices effectively meet the real needs of the targets, and have the merit of being sustainable and extensible to other unions and companies. 4.1. Actions towards the target 4.1.1. Training trade union officers Seven workshops jointly organized by IndustriALL and FES within the framework of the project enabled beneficiaries to acquire useful and concretely applicable skills in trade union life and industrial relations. Among other topics, the training focused on managing union life, including strengthening unionization, collective bargaining, living wages, combating gender-based violence, business management and economics, negotiation techniques and communication skills. The targeted number of union leaders was reached, if not exceeded, as was the target with regard to the gender approach. Beneficiaries numbered well over thirty, of whom almost 50% were women. However, challenges remain in terms of sharing and putting into practice what has been learned. In particular, the frequent changeover of participants was identified as an obstacle to an effective strengthening of grassroot unions capacities. 4.1.2. Strengthening unionization Thanks to the implementation of the technical support provided, seven of the nine union sections representing affiliated unions in the four companies studied recorded a significant increase in membership during the project's implementation. The average membership of the three unions combined increased almost sixfold over the three years of observation. However, this increase was not uniform, as one of the three affiliated unions even reported a clear drop in membership in two companies. The phenomenon of"communicating vessels" between the three affiliated unions is reported: often, it is workers who are already unionized who leave one organization to join another, so the frequency of cases of de-unionization or new membership is not significant. 4.2. Trade union capacity building 4.2.1. Actions to strengthen collective bargaining capabilities have theoretically enabled unions to set up collective bargaining teams capable of dialogue with the employer. Works councils have been set up in at least two companies linked by a GFA, and at least one union considers itself capable of proposing a collective agreement for negotiation with the employer. Progress has thus been made, even if major obstacles remain, such as the dismissal of several trained workers or the difficulty of debating the issue of performance-related pay. 4.2.2. Even in the absence of a formal collective agreement, the unions sometimes manage to negotiate collectively with the employer in certain areas and achieve significant results, such as increasing the catering allowance(ABE5), obtaining annual leave for workers classified as"temporary"(ABE5), or stopping the use of subcontracting by some companies linked by a GFA. 4.2.3. It has been noted that the ordinary execution of duties of staff delegates, who may be assisted by union delegates, constitutes another opportunity for collective bargaining, even though staff delegates are relatively hesitant to formulate demands and the employer, for his part, is generally reluctant to respond to grievances formulated in the list of demands. 6 4.3. Monitoring the implementation or lack of implementation of GFAs in Madagascar and proposing corrective measures by the unions 4.3.1. A start has been made on structuring monitoring, with the setting up of a GFA focal point at company level to receive workers' grievances and the creation of a GFA committee at the level of the three trade unions, responsible for centralizing cases of GFA violations and forwarding them to the multinational concerned. 4.3.2. The foreseen complaints mechanism according to the GFAs is starting to be used (ANTA6 case in 2022), although there are still areas of misunderstanding and doubt as to the outcome of complaints and the effectiveness of the procedure. 4.4. Promoting the C190 ILO Convention as a key pillar for strengthening union density in this female-dominated industry Thanks to the combined information and training activities carried out by various players both within and outside the project, trade unions, right down to the level of their rank-and-file leaders, have a good overall knowledge of the C190 ILO Convention on violence and harassment in the workplace. However, the attitude of employers' organizations in refusing to ratify this Convention and to include it in the draft revision of the Labour Code is singled out for criticism. 5. Key recommendations The recommendations can be summarized as follows: 5.1. For regional IndustriALL: continue and strengthen the support for Malagasy trade union affiliates, with a particular focus on sensitive areas such as the follow-up to GFA violations. 5.2. For IndustriALL Madagascar: promote and make profitable the project's achievements, strengthen the coaching of grassroot structures, inform(or even train) members about the rights and obligations generated by GFAs. 5.3. For the GFA committee and GFA focal points: set up a fluid mechanism for ongoing monitoring of GFA implementation and periodic reporting to IndustriALL. 5.4. For IndustriALL-affiliated unions: set up a more expeditious and appropriate support system for worker-members whose rights have been violated, and adopt a more inclusive approach towards workers from the eight"excluded" companies. 5.5. For staff and union representatives: strengthen and prioritize the use of official sources of information(labor inspectorate, CNaPS, labor court, etc.) and the ability to listen to the workers represented. 5.6. For organizers, moderators and trainers: support unions in drawing up strategic plans, monitoring and evaluation, and reporting. 7 LIST OF TABLES Table n°1: Training provided to union officers Table n°2: Change in union section membership between 2021 and 2023 Table n°3: Union density by company in 2023(according to affiliated unions) Table n°4: Complaints made by ANTA6, ANTA7 and ANTA3 staff delegates Table n°5: Qualitative assessment of project indicators achievement LIST OF GRAPHICS Graphic n°1: Attendance at training sessions by gender Graphics n°2 to 5: Trends in unionization at base level PAGE 14 17 19 21 23 PAGE 17 18 LIST OF ACRONYMS ASOS CEACR CNaPS FES GBVH GFA INDITEX ILO SEKRIMA SEMPIZOF SVS TGSL : AsSeenOnScreen : Commission d’Experts sur l’Application des Conventions et Recommandations : Caisse Nationale de Prévoyance Sociale : Friedrich-Ebert-Stiftung : Gender Based Violence and Harassment : Global Framework Agreement : Industria de Diseño Textil, SA : International Labour Organization : Sendikà Kristianina Malagasy : Sendikàn’ny Mpiasan’ny Zones Franches : Syndicalisme et Vie des Sociétés : Textile, Garment, Shoes and Leather 8 1. INTRODUCTION The international trade union confederation IndustriALL Global Union represents 50 million workers worldwide, most of whom are employed by multinational companies or their suppliers. As a result, IndustriALL has developed an approach to defending and promoting workers' rights and interests, which involves working in partnership with these multinational companies. One form of this partnership is the conclusion and implementation of agreements known as Global Framework Agreements(GFAs) 0F 1 . According to a definition given by the ILO in 2007, a GFA is"an instrument negotiated between a multinational enterprise and a global union federation with a view to establishing an ongoing relationship between the parties and ensuring that the company respects the same standards in all the countries where it operates"(ILO, 2007). GFAs aim to"implement the best standards of trade union rights, health, safety and environmental practices, as well as principles of quality of work throughout a company's global operations, whether or not these standards exist in a given country" 1F 2 . One of the main advantages of GFAs is that they contain a clause stipulating that the companies supplying the multinational are also bound by the obligations arising from the framework agreement. In principle, this enables millions of workers in the supply chain, many of whom are located in countries experiencing difficulties in applying international and national labor standards, to invoke the terms of the GFA to ensure that their rights are respected. Among the branches in which GFAs have been signed between IndustriALL and multinational companies is the textile, clothing, footwear and leather branch. In Madagascar, companies operating in this sector produce for the multinationals INDITEX and ASOS, which have signed a GFA with IndustriALL. INDITEX is made up of companies primarily involved in the manufacture, distribution and sale of clothing and accessories, while ASOS specializes in online sales of clothing, footwear and other fashion items. Concluded in 2007, the GFA between IndustriALL and INDITEX has been renewed for 2019. The GFA between IndustriALL and ASOS was signed in 2017 2F 3 The two GFAs set themselves the goal of"establishing a mutual relationship, which can facilitate freedom of association and the exercise of the right to organize, as well as collective bargaining as the preferred sustainable mechanism for implementing fundamental labor rights and resolving labor disputes in the factories of supply chain suppliers… 3F 4 ". As such, the agreements reflect the commitment of the multinationals concerned and their suppliers to respect national legislation and international standards governing workers' rights, in particular fundamental rights. The agreements recognize the central importance of freedom of association and the right to collective bargaining as the basis for a mature system of labor relations throughout the supply chain. The agreements also stipulate that the parties undertake to inform and consult each other in the event of disputes concerning their implementation. A study carried out in 2021 in Antananarivo and Antsirabe, in companies producing for the ASOS and INDITEX brands, brought to light the difficulties experienced by workers, due to violations of their rights, particularly with regard to working hours, remuneration, violence and harassment in the workplace, including cases of gender-based violence, women's rights with regard to maternity protection, freedom of association and the right to collective bargaining. This study was carried out 1 The English name GlobalFramework Agreement(GFA) has been commonly adopted by IndustriAll and its affiliates in Madagascar 2 https://www.IndustriALL-union.org/fr/accords-cadres-mondiaux-0 3 See GFA in Annex 5 4 See§3.3 of the GFA agreed between ASOS and IndustriALL Global Union 9 as part of the project entitled"Organizing Textile-Garment-Shoes and Leather in Madagascar" implemented over three years, from 2021 to 2023. This report is an evaluation of the project. 2. BRIEF PROJECT DESCRIPTION 2.1. The purpose of the project The project aimed at strengthening the action of Malagasy trade unions affiliated to IndustriALL Global Union in factories producing for brands bound by a GFA, and to enable the unions to define strategies for establishing social dialogue at workplace and industry level, particularly in terms of freedom of association, wages, benefits and the fight against gender-based violence. 2.2. The targets Two categories of target are identified by the project: 2.2.1. Primary targets These are the workers' unions in companies supplying for GFA stakeholders, shop stewards and staff representatives. These targets are concerned in their capacity as organizations and representatives called upon to dialogue and bargain collectively with the employer, with a view to defending and promoting workers' interests on the one hand, and to ensuring that workers' voices are heard for the company's development on the other. 2.2.2. Ultimate beneficiaries and companies 2.2.2.1. Beneficiaries These are the workers of companies supplying for multinationals that are party to a GFA, for whose benefit the unions concerned act to achieve the project objective mentioned in paragraph 2.1 above. 2.2.2.2. Companies For reasons of ethics and confidentiality, codes will be used instead of company names, as was done in the study. Initially, the project was to involve 10 companies, 6 in Antananarivo and 4 in Antsirabe. The present evaluation concerns four companies: ANTA3, ANTA6, ANTA7 and ABE5. During the course of the project, eight companies included in the 2021 study were no longer included in the activities. For companies located in Antananarivo, these are ANTA1, ANTA2, ANTA4 and ANTA5. For Antsirabe, all the companies covered by the study were"excluded" from project activities(ABE1, ABE2, ABE3 and ABE4). On the other hand, two companies not covered by the 2021 study were involved in project implementation activities: ANTA7 and ABE5. These significant changes in the companies call for the following comments: With regard to the"excluded" companies: the organizers explain that the decision to exclude the other six companies was based on the fact that, at a certain point in the project, the representatives had, for various reasons 4F 5 , stopped taking part in the activities and reporting back as part of the monitoring of the project's implementation. The fact that the four 5 Most of the time because the employer authorization to leave for training was missing 10 companies selected are mainly ASOS suppliers does not mean that there was a deliberate intention to exclude those of INDITEX, even if the organizers point out that the latter's workers encounter more difficulties with regard to the enjoyment of certain rights, notably trade union rights. The 2021 study highlighted the fact that in companies such as ANTA1 and ANTA5, employers are reluctant to recognize the right of workers to organize and represent themselves, hence the recommendations on this subject in section 6.4 of this report. As for the inclusion of the two new companies, it is probably motivated by their status as ASOS brand suppliers and the existence of IndustriALL-affiliated unions within them. 2.3. The indicators Three groups of indicators have been identified by the project and will serve as the main references for this evaluation. It is therefore necessary to reiterate them here, respecting their wording: 2.3.1. Indicators linked to target scope IndustriALL will provide technical assistance and training for 25 to 30 trade union officers, 40% of whom will be women; IndustriALL affiliates will have increased their unionization rate in 3 to 5 factories supplying multinationals; At least 1 regional manufacturer is targeted for national activities and networking; 2.3.2. Indicators of trade union capabilities IndustriALL affiliates focus on collective bargaining capacity building in its structural (representative bargaining team), technical(arguments) and mobilizing (communication, networking and campaigning) dimensions to tackle relevant issues, such as wages, violence against women and other issues identified in the study, referring to the dispute settlement mechanism or multi-employer supplier collective agreements; IndustriALL affiliates addressing wage issues(living wage and/or higher minimum wage):(1) have a better understanding of wage structures, of the link between wages and other working conditions, including working hours, skills, productivity and employment contracts, and, above all, of the articulation between wage levels and brand purchasing practices, branch wage agreements;(2) develop strategies towards sectoral wage agreements;(3) increase the use of strategic communications, networking, joint actions(joint written demands) for wage campaigning; IndustriALL affiliates review their process of organizing and recruiting members in the supply chain, with reference to the guidelines of trade union rights and freedom; IndustriALL affiliates monitor and report to IndustriALL on the implementation or lack of implementation of GFAs in sectors in Madagascar and are able to propose corrective measures; IndustriALL affiliates strengthen trade union strategies to prevent and end GBVH: they strengthen their understanding of gender and gender-based violence and harassment and its effects; have tools for prevention through GBVH risk assessment; develop strategies for integrating the fight against GBVH into workplace policies and collective agreements. 11 2.3.3. Indicators related to expected changes IndustriALL affiliates have made progress towards establishing sectoral bargaining by negotiating on the basis of the Right and Freedom of Association Guidelines, a dispute resolution mechanism or multi-employer supplier collective agreements; IndustriALL affiliates continue to promote the C190 ILO Convention on violence at workplace as a key pillar for strengthening union density in this female-dominated industry. 3. BRIEF DESCRIPTION OF ASSESSMENT PROCESSES AND TOOLS 3.1. The object of the assessment The evaluation focuses on determining: whether the planned activities were carried out(e.g., which activities were carried out compared to those planned, and whether all the planned areas and topics were covered); to what extent the expected results and the project objective have been achieved, and whether significant impacts have been recorded in trade union life and in living and working conditions; to what extent the objectives and actions defined meet the real needs of the beneficiaries and targets; whether technical skills have been passed on to beneficiaries; and whether the experience of the project has made it possible to learn to discern the best and the worst practices. 3.2. The methodology, tools and sources Further to the purpose described above, the evaluation was carried out using the following methodology: 3.2.1. Compilation and study of documents Documentary work has mainly served to gather and master the reference information needed to: Understand the principles and mechanisms guiding the GFAs, as well as the procedures for monitoring their implementation and the complaints procedures in the event of breach of the clauses they contain. To this end, not only were the texts of the GFAs themselves studied, but also the IndustriALL Global Union guidelines on the conclusion and implementation of GFAs; Master international and national labor standards, in particular those governing the principles and rights to which the project pays particular attention, such as freedom of association and the right to collective bargaining, working conditions, especially pay and working hours, the fight against gender-based violence and harassment, and maternity protection; Highlight what has been planned to be achieved under the project and what has been achieved with reference to forecasts. To this end, the GFA action plan and various activity reports from the unions and the FES were used; To gain an idea of the effects and impacts of the actions carried out through the working tools of staff representatives, such as the"claim book" and the"function book", as well as by capitalizing on the labor dispute files handled by the Labor Inspectorate, which have arisen in the companies concerned. 12 3.2.2. Surveys Surveys were carried out: with trade union officials at national and regional level to obtain clarification on their achievements and on certain cases of concern regarding trade union rights; with shop stewards, staff representatives, GFA committee members and union members working in the companies concerned, to assess in which extent they are informed on the project and on the technical support their union had received under the project, as well as on the evolution of labor relations and working conditions since the project's implementation. 3.2.3. Focus group A focus group was organized July 13, 2023, morning(see Appendices 2 and 3), to consolidate, clarify and, when necessary, rectify the information gathered during the previous phases. It was attended by the leaders of IndustriALL's affiliated unions, union delegates, staff delegates, workers members of the affiliated unions, as well as a representative of the Antananarivo Labor Inspectorate. 3.2.4. Tools Two different questionnaires were drawn up(see appendices 1 and 2): one for union leaders and another(translated into Malagasy) for shop stewards, staff representatives and union members. Guiding questions were prepared in advance to facilitate facilitation and focus work on relevant topics. Microsoft Word and Excel were used for data collection and processing. 3.2.5. Sources The main sources of information used for the assessment are: Trade unions at base level, through leaders, shop stewards, staff representatives and members of their respective union sections in the companies concerned; Union leaders at regional(Antsirabe and Antananarivo) and central levels; Organizers: FES, representatives of central trade unions; GFA parties, mainly through their websites: IndustriALL Global Union, ASOS and INDITEX; The ILO, mainly through its website; The two regional labor inspection services of Antananarivo and Antsirabe. 4. MAIN EVALUATION RESULTS BY OBJECTIVES/OUTPUTS/INDICATORS 4.1. The outputs of target actions 4.1.1. Training of union officials(25 to 30 officials, 40% of whom are women) The table below provides information on the training of trade union officers, provided by IndustriALL, with the support of FES in 2021, 2022, 2023, as part of the project: 13 Table n°1: Training for union officials N° TRAINING SESSION SUBJECTS PARTICIPANTS WOME N MEN TOGETHER Hybrid workshop to present the results of the textile study 1 30. september, 2021 Presentation of the results of the 2021 09 14 23 textile study Hôtel Le Pavé Antananarivo Hybrid workshop for training and developing trade union strategies 2 in the company 21-22-23. october 2021 Training and developing union 13 20 33 strategies within the company Hôtel Impérial Antsirabe Training as part of the first Best practices in Bargaining workshop to monitor union 3 dynamics 16-17. may 2022 Union culture Hôtel Le Pavé Antananarivo Union transformation 13 14 27 Basics of gender and GBVH GBVH 13-14-15. july 2022 GBVH in the world of work 4 Sœurs Notre Dame du Cénacle GBVH risk prevention and the role of 17 18 35 Ambohipo trade unions Antananarivo Workplace strategies and practices to end GBVH Organizing and recruitment strategies with reference to the guidelines on Organizing campaigns freedom of association in the GFA and 5 15 – 17. march 2023 the Labor Code in Madagascar 8 Sœurs Notre Dame du Cénacle Building union capacity in collective Ambohipo Antananarivo bargaining- What is collective bargaining? What are the necessary steps? Where do we start? 9 17 14 What mechanisms exist for conciliation and mediation? What are trade union ethics and why are ethics important for improving the image of trade unions? Building union power through union unity The living wage* campaign Future strategies and the way forward Coaching for base unions 6 24 – 25. april 2023 Diantan’Hotel Antsirabe The foundations of the collective power of union members are defined (purpose). Mapping as a mobilization and monitoring tool is developed- The active participation of young people and women is targeted(mapping). Foundations of the cycle of change defined. Attitudes of potential and current 6 8 14 members identified(attitude map). Appropriate business glossary acquired (productivity, profitability). Communication techniques applied. A company's income statement deciphered. Collective simulated. bargaining sessions Coaching for base unions 7 25 – 26. may 2023 FES Office Antananarivo Same 8 7 15 Source: FES and trade union activity reports *Living wage: IndustriALL uses the term living wage or living minimum wage instead of simply a wage campaign. Indeed, living wages meet worker's basic needs, e.g. food, housing, transport, school fees, etc., so that workers are not the working poor. Madagascar's current legal minimum wages of less than 300,000 Ariary are not decent wages. This gives rise to exploitation of working hours, overtime and sexual harassment. 15 Comments: (1) Analysis of participation In view of the number of participants at each workshop, the target of 25 to 30 trade union officers trained seems to have been reached, if not exceeded. The same applies to the gender dimension of the participants, since the participation rate of women averaged almost 50% of all participants. As far as the themes covered are concerned, they broadly address the difficulties revealed by the 2021 study and the project indicators in terms of strengthening unionization, building collective bargaining capacity, mastering the issue of remuneration and tackling the problem of gender-based violence and harassment. (2) Sharing and putting into practice what has been learned The trade union representatives who have benefited from the training provided under the project have a relatively good theoretical knowledge of the issues addressed. At the same time, the transmission of knowledge to workers and the implementation of what has been learned to make workers' rights effective deserve to be analyzed. Indeed, as the study pointed out, benefiting from the sharing of knowledge on rights is one of the sources of motivation for qualitative and sustainable unionization of workers. Thus, the following aspects can be noted: On the one hand, the unions express the wish that in companies with several unions, unions not affiliated to IndustriALL should be able to benefit from training, so that all the company's union officers are on the same level of information and ability to dialogue with the employer. This is the case, for example, at ABE6 where only one of the four existing employee delegates is elected on behalf of an IndustriALL-affiliated union. In the same company, there are eleven IndustriALL-affiliated shop stewards, compared with twelve non-affiliated ones. On the other hand, a suspected shortcoming was confirmed. A worker who was a union member stated that the union officials who had attended the training courses had not yet shared the information with the other members. The union officials questioned on this issue explained that a number of constraints prevented them from making such a sharing: time (the only slot they had available was generally the short lunch break), means(how to bring workers together outside the company and outside working hours), the difficulty of access to the company for regional and central managers, etc. Moreover, as for the application of acquired knowledge, its effectiveness can be analyzed either positively or negatively, depending on the area. For example, as we shall see in Table 2 below, good results have been achieved in the recruitment approach, with each department appointing a"leader" for recruitment. This structuring effort is reinforced by taking advantage of staff representative elections to run recruitment campaigns. Similarly, in terms of communication skills, good qualitative results have been recorded, since on the one hand, trained union officers now claim to be able to get the right message across to other workers, for example on the usefulness of joining a union, and on the other, the logic of communication with management has now shifted from confrontation to dialog, even to partnership. On the other hand, there are shortcomings in terms of planning, particularly ongoing strategic planning, with only one of the three affiliated unions reporting that it is carried out centrally. The union sections declare that they present an action plan during each election campaign, which is more akin to election promises than to genuine planning based on sustainable actions and results. Finally, the organizers observed a frequent change of participants, which hampered the continuity of trade union capacity-building efforts, as each time it was necessary to go back to what had been done before in an attempt to bring new participants up to speed. 16 Graphic n°1: Attendance at training sessions by gender ATTENDANCE AT DIFFERENT TRAINING SESSIONS BY GENDER 25 20 15 10 5 0 SESSION 1 SESSION 2 SESSION 3 SESSION 4 FEMALE MALE SESSION 5 SESSION 6 SESSION 7 4.1.2. Strengthening unionization(increasing the unionization rate in 3 to 5 factories supplying multinationals) Table n°2 and Graphics n°2 to 5 below show changes in the membership of nine union sections in four companies: SEMPIZOF(ANTA3, ABE5, ANTA7, ANTA6), SEKRIMA(ANTA6, ANTA7, ANTA3, ABE5), SVS(ANTA6). Table n°2: Changes in union section membership between 2021 and 2023 UNION ANTA6 2021 2023 ANTA3 2021 2023 ABE5 2021 2023 ANTA7 2021 2023 SVS(2022-2023) 11 300 NA NA NA NA NA NA SEMPIZOF 16 57 22 70 30 240 (2022) (2022) 63 120 SEKRIMA 0 10 171 120 20 150 NC 78 (before 2018:<200) Source: survey of union sections reconciled with focus group data *NC: unknown;**NA: not applicable(the union is not present in the company) 17 Comments: Seven of the nine union sections report an exponential increase in membership. The table shows that the average membership of the three unions combined increased almost sixfold over the three years under review. However, SEKRIMA points out a phenomenon that needs to be verified and addressed. Sometimes, increases or decreases recorded at union section level do not really affect the number of unionized workers in the company. For example, SEKRIMA explains that a significant drop in membership at ANTA3 and ANTA7 does not necessarily mean that workers are no longer unionized. Similarly, the increase in membership observed in other union sections would not necessarily stem from the unionization of new workers. In fact, it would appear that a large proportion of workers are simply leaving one union to join another. Given the information from union branch managers that unions not affiliated to IndustriALL did not expand significantly during the period under review, this analysis seems to suggest indirectly that in the two companies where SEKRIMA saw its membership decline, defectors went to swell the ranks of SEMPIZOF. In any case, it can be said that positive results have been achieved thanks to the awareness-raising and recruitment actions carried out at company level, even if the possibility of carrying out these actions is often limited. This difficulty also prevents unions from defining a genuine recruitment strategy. Graphics n°2 to 5: Trends in unionization at base level ANTA 6 n°2 300 200 250 150 200 150 100 100 50 50 0 2021 0 2023 SVS(2022-2023) SEMPIZOF SEKRIMA ANTA 3 n°3 2021 SEMPIZOF 2023 SEKRIMA ABE 5 ABE 7 n°4 n°5 250 250 200 200 150 150 100 100 50 50 0 0 2021 2023 2021 2023 SEMPIZOF SEKRIMA SEMPIZOF SEKRIMA The table and graphs above also highlight the efforts made to register union section members since the project was implemented. However, uncertainties regarding the veracity of the information obtained on membership numbers are noted when analyzing the figures given respectively by the union sections and the central offices with regard to the census. For example: 18 Concerning SEKRIMA: the central has registered 37 new members as part of the implementation of the project 5F 6 . However, according to staff delegates and shop stewards, the SEKRIMA section at ANTA3 reported a decrease of 51 members, while the section of the same union at ABE5 reported 130 new members, i.e., 79 new members truly. As for SEMPIZOF, while the sections at ANTA3 and ABE5 reported 48 and 210 new members respectively, the central union recorded 50 and 250 new members. Finally, despite these truly significant advances, the unionization rate for affiliates of the two companies whose numbers of workers are known remains relatively low, as the table below shows. However, it is true that the analysis would have benefited from a comparison between the unionization rate of affiliates and that of the workforce as a whole, which unfortunately could not be done. Similarly, to get an idea of trends, it would have been useful to have information on the rate of unionization before the implementation of the project, but the number of unionized workers at the time is not known. Table n°3: Unionization rate(according to the affiliated unions) by company in 2023 COMPANY TOTAL WORKFORCE WORKERS UNIONIZED IN THE THREE UNIONS UNIONIZATION RATE ANTA6 NC 367 NC ANTA3 1400 190 13,57% ABE5 1430 390 27,27% ANTA7 NC 198 NC Source: union sections NC: unknown Observations: According to data from shop stewards and staff representatives, the proportion of women in the total membership is around 60-70%, confirming the findings of the 2021 study and probably even marking a step forward in female workers' union involvement compared with the situation back then. 4.2. The results of trade union capacity-building activities 4.2.1. Status of collective bargaining capacity-building actions to address relevant industry issues Thanks to the training provided as part of the project's implementation, trade unions(both at central and regional union level, as well as at company level) are theoretically able to form collective bargaining teams capable of dialoguing with the employer in the areas of negotiating collective agreements, or any other form of collective agreement aimed at improving working relations and conditions, or resolving collective disputes. It should be noted, however, that in at least one company 6 SEKRIMA report, 2023. 19 (ANTA6), trained workers have either been dismissed or suspended, thus handicapping the unions' collective bargaining capacity. 4.2.2. Existence and progress of collective bargaining initiatives 4.2.2.1. Works council and collective bargaining agreement (a) In one company(ABE5), a trade union declares that it has a proposal for a collective agreement, which it will negotiate with the employer once the works council is up and running. It should be noted that, according to the Labor Code, collective agreements are negotiated within the works council in companies employing fifty or more workers. It should also be noted that the election of staff representatives to the works council took place recently(on July 07). (b) In another company(ANTA3), a process of revision of the collective agreement(which has existed for at least twenty years) is underway. The unions that are active in companies report that they are having difficulty convincing the employer to include in the revision some clauses concerning the remuneration system. The company operates a"target" pay system, whereby the volume of production entitling workers to the statutory minimum wage is set on a daily basis. However, the union sections report that the employer raises this daily"target" when the statutory minimum wage, known as the Minimum Hiring and Seniority Wage by professional category(SME), is revised upwards. As a result, official increases are not reflected in the wages received by workers, and it would even appear(though this should be treated with caution) that this company practice leads to cases where the wage received by the worker is lower than the SME. In the current negotiations, the unions are endeavouring to introduce more favourable clauses into the collective agreement, but recognize that the challenge is considerable. (c) Regarding the works council, the unions report that it has been set up in four companies, two of which are involved in the project(ABE1 and ANTA3), and two others which are not involved in the project and which will not be named in this report. However, the unions denounce the fact that some of these companies set up works councils just for the sake of appearances of compliance with the law, subsequently forgetting to implement the social dialogue that is the committee's purpose. 4.2.2.2. Other forms of collective bargaining (a) As part of the duties of staff representatives The table below summarizes the use of the claim book by staff representatives at three companies (ANTA3, ANTA6 and ANTA7). It should be noted that the ANTA6 claim book for 2021 is no longer available. 20 Table n°4: Complaints from ANTA3, ANTA6 and ANTA7 staff representatives DOMAINE 2021 2022 YEAR 2023 IN 3 YEARS REMUNERATION 15 21 16 52 COLLECTIVE AGREEMENT- WORKS 3 2 4 9 COUNCIL GBVH 0 0 0 0 MATERNITY PROTECTION 0 2 2 4 OTHER WORKING CONDITIONS 29 21 41 91 TOTAL 47 46 63 156 Source: staff representatives list of grievances from claim books Comments: Remuneration is the workers' main grievance. The predominant requests and demands concern pay increases and settlement. Thus, the workers' concerns reported in the 2021 study do not seem to have changed. Collective bargaining grievances consist of requests to set up a works council and negotiate a collective agreement, made by ANTA6 and ANTA7 staff delegates. Positive results have therefore been achieved at the latter company. The fact that shop stewards do not voice grievances in the area does not mean that genderbased violence and harassment do not exist. Union officials in other companies report cases of female victims who refuse to make formal complaints. One central trade union stresses the reluctance of staff representatives to voice grievances. This observation is borne out to some extent by the relatively low number of complaints made in a single year. This can be explained in part by a certain discouragement engendered by the absence of responses. Indeed, it has been observed that the employer rarely responds in the grievance booklet. Responses are sometimes obtained during monthly meetings, but the minutes posted are not saved, and many staff delegates do not have a copy. (b) Trade union action on collective bargaining In the absence of a formal collective agreement, which remains the main objective, the unions sometimes manage to negotiate collectively with the employer on a given subject. This is the case at ABE5, where the unions succeeded in negotiating revisions to the catering allowance. In the same company, obtaining leave for temporary workers is the fruit of negotiation between IndustriALL-affiliated unions(SEMPIZOF and SEKRIMA) and the employer. In addition, according to the SEKRIMA report, thanks to union action, a number of companies linked by a GFA have stopped subcontracting. 21 4.3. Monitoring the implementation or lack of implementation of GFAs in Madagascar and proposing corrective measures by trade unions- monitoring respect for trade union rights 4.3.1. GFA Structures A GFA focal point has been set up in Antsirabe, with the role of passing on the grievances of workers in the companies concerned to a committee made up of trade union leaders. The focal point is made up of two volunteers, one from SEKRIMA and the other from SEMPIZOF. Despite the establishment of these structures, even if demands are made concerning subjects included in the companies' obligations under the GFAs, the unions' activity reports do not contain any achievements expressly referring to ongoing monitoring of the implementation of the framework agreements. However: The study of staff representatives grievances dealt with above(paragraph 4.2.2.2.) reveals shortcomings, for example in collective bargaining, which should be pointed out; Other cases could have been dealt with using this mechanism. One example is the case of physical and verbal violence committed by a manager against an ABE4 staff representative who, no doubt for lack of appropriate support, ended up being dismissed after losing her case in criminal court. 4.3.2. GFA complaint mechanism As a reminder, the complaint mechanism provided for by the GFAs has been used once, in the context of the collective labor dispute that took place at ANTA6 in 2022. This dispute, originally sparked by disagreements over the upgrading of professional qualifications, was also an opportunity for the unions to denounce cases of VHBG. Following a strike described by the company as illegal, dozens of workers, including union members and leaders, were punished or even dismissed. The unions who lodged the complaint with IndustriALL are still awaiting the outcome of this case under the GFA procedure. According to information received from IndustriALL officials, ASOS has requested that the outcome of this case remain confidential for the time being. However, the unions are anxious and expect news to be shared to the workers concerned, especially as labor relations at the company seem to have deteriorated even further. 4.4. Promotion of the C190 ILO Convention as a key pillar for strengthening union density in this female-dominated industry Thanks to the combined information and training activities carried out by various players both within and outside the project, trade unions, right down to the level of their rank-and-file officers, are generally well aware of the C190 ILO Convention on violence and harassment in the workplace. However, two obstacles stand in the way of really promoting this instrument in the industry and in companies: On the one hand, since 2022, the Government has been leading the tripartite consultation process with a view to ratifying the convention. For the time being, the proposal is encountering strong resistance from employers' organizations. However, it is only ratification that obliges the country to comply with the provisions of the Convention, in terms of both law and practice. On the other hand, in anticipation of this ratification, the rules laid down by the Convention have been included as general principles of law in the preliminary draft law revising the Labour Code. The draft bill, which has been submitted to the Government for several months, has not yet received its approval, and it would appear that the provisions on violence and harassment(which also met with strong resistance from the employer side during the work of the National Labour Council and the Business Law Reform Commission) are among the 22 reasons for the blockage. It should be noted, however, that there are other international instruments and national texts 6F 7 governing gender-based violence that unions and workers can also avail themselves. 5. SUMMARY: OVERALL ACHIEVEMENT OF OBJECTIVES AND INDICATORS 5.1. Concerning the general strengthening of trade union action in companies belonging to a GFA There has been an increase in the number of workers members of trade unions in the companies concerned. In particular, the three IndustriALL-affiliated unions have all recorded an increase in membership, although this increase remains rather mixed in relation to the companies' workforce. This reluctance to unionize on a massive scale can be partly explained by the lack of clarity in each union's strategy for boosting recruitment. But the phenomenon is also in line with the low interest shown by workers and Malagasy in general in trade unions and all forms of association, including political parties. Trade union activity reports show the creation of union sections and the appointment of shop stewards in a growing number of companies. This is indicative of a genuine desire to establish a dialogue with the employer, although some companies apparently remain impervious to dialogue with workers in general and trade unions in particular. 5.2. Concerning the definition of a social dialogue strategy Although such a strategy, whether individual or common to the unions, is not apparent from their action plans and progress reports, it is undeniable that the unions have begun to move towards the establishment of structures for dialogue and collective bargaining. Achievements have been noted in the areas of works council creation, the establishment of GFA focal points and the negotiation of collective agreements. A start has been made on formulating a strategy. 5.3. General status of indicators Most of the indicators are difficult to quantify, so the table below attempts to assess their achievement in qualitative terms. Table n°5: Qualitative assessment of indicators achievement GROUP Indicators linked to target INDICATORS POSITIVE ASPECTS IndustriALL will provide technical assistance and training for 25 to 30 trade union officers, 40% of whom will be women. - Training activities have been carried out for some thirty union leaders, with almost 50% of them women. ASPECTS TO BE IMPROVED 7 Examples:(1) ILO Recommendations n°12, 19& 35;(2) the 1993 Declaration on elimination of violence against women;(3) the Penal code(art.331.332);(4) the law n°2019-00 at 16. january, 2020, related to the fight against GBVH. 23 Indicators referring to Trade union capacities IndustriALL affiliates will have increased their unionization rate in 3 to 5 factories supplying multinationals. At least 1 regional manufacturer is targeted for the organization of national activities and networking. IndustriALL affiliates focus on collective bargaining capacity building in its structural (representative bargaining team), technical(arguments) and mobilizing (communication, networking and campaigning) dimensions to tackle relevant issues, such as wages, violence against women,... study, referring to dispute settlement mechanism or multi-employer Supplier Collective Agreements. The indicator has thus been achieved, at least for the most part. - Very positive impacts are reported by workers' representatives, notably in terms of the qualitative evolution of exchanges with the employer(e.g.: when to negotiate and when to demand? - The three affiliated unions present exponential increase of their membership. Uncertainty as to the veracity of the information obtained concerning the number of employees has been noted. - Actions of GFA Committee and GFA focal points in the companies supplying for ASOS. No evidence of networking. - Union representatives who have taken part in capacity-building workshops can be structured into collective bargaining teams. - They would benefit from training in technical areas(e.g., labor law, management and business economics, communication). Unions have not yet been able to network and carry out joint campaigns. IndustriALL affiliates address wage issues(living wage and/or higher minimum wage): (1) have a better understanding of wage structures, the link between wages and other working conditions, including - One trade union declares that it has a proposal for a collective agreement, which it will negotiate with the employer once the Project reports do not mention any in-depth study of the remuneration system, nor the existence of 24 working hours, skills, productivity and employment contracts, and, above all, the articulation between wage levels and brand purchasing practices, industry wage agreements.(2) develop strategies towards sectoral wage agreements(3) increase the use of strategic communications, networking, joint actions(joint written demands) for the wage campaign. IndustriALL affiliates review their implementation or lack of implementation of sectoral GFAs in Madagascar and are able to propose corrective measures to IndustriALL. IndustriALL affiliates monitor and report to IndustriALL on the implementation or lack of implementation of sectoral GFAs in Madagascar and are able to propose corrective measures to IndustriALL. works council is up and running. - A process to revise the collective agreement(which has existed for at least twenty years) is currently underway at one of the companies involved in the project. - Works council set up in two companies involved in the project. individual or concerted sectoral strategies. Reports drawn up by trade unions as part of project implementation do not indicate any achievements in terms of wage campaigns. Use of coaching skills to: - designate a leader per department for recruitment purposes. - the use of new communication techniques. No provided information on the review of the organization and member recruitment process. - A GFA focal point has been set up in Antsirabe, with the role of passing on the grievances of workers in the companies concerned to a committee made up of trade union leaders. - The GFA complaints mechanism has been used once, in connection with the collective labor dispute at ANTA6 in 2022. - A structure for monitoring the implementation of the GFAs was set up during the Antsirabe workshop. - Unions report on breaches, but there is no systematic reporting 7F 8 - Unions still waiting for ASOS to follow up on ANTA6 case. 8 See Appendices n°5 to 7 25 Indicators referring to expected results 26 IndustriALL affiliates strengthen trade union strategies to prevent and end GBVH: strengthen their understanding of gender and gender-based violence and harassment (GBVH) and its effects; have tools for prevention through GBVH risk assessment; develop strategies for integrating the fight against GBVH into workplace policies and collective agreements. - Some unions have focal points responsible for monitoring the GBVH situation. Weak collective bargaining is an obstacle to integrating the fight against gender-based violence and harassment into workplace policies, charters and collective agreements. IndustriALL affiliates have made progress towards establishing sectoral negotiations by negotiating guidelines on freedom of association and right to organize, a dispute resolution mechanism or multi-employer collective agreements of companies producing for brands linked by a GFA. There are as yet no sector-wide agreements in these areas. It should be noted that a draft collective agreement dating from 20092010 exists at the level of the Groupement des Entreprises Franches et Partenaires (GEFP), without any real negotiations having taken place since. IndustriALL affiliates continue to promote the C190 ILO Convention on Violence at Work as a key pillar for strengthening union density in this female-dominated industry. - trade unions, right down to the level of their rank-and-file leaders, are generally well aware of the C190 ILO Convention on violence and harassment in the workplace. - the rules set out in the Convention have been incorporated as general principles of law in the draft bill to overhaul the Labor Code. - Without necessarily being planned as such, activities that may fall within the scope of promotion are carried out by affiliated unions. The difficulty lays in: 1°) the effectiveness of obligations, insofar as Madagascar has not yet ratified Convention n°190; 2°) the decision of victims not to denounce formally, which does not allow the GFA focal points to take action. 6. CONCLUSION AND RECOMMENDATIONS From the above, it should be noted that the period from 2021 to 2023 during which the project was implemented can be considered as a period of initiation for the consolidation of trade union presence and action in Malagasy companies bound by GFAs. The evaluation revealed that the activities carried out(i) corresponded to a definite demand from the targets and(ii) produced results tending towards the acquisition of trade union know-how that deserves to be consolidated, shared and extended to other companies. In fact, the training provided, covering not only workers' rights but also other subjects of interest to daily life and associative life, such as communication and negotiation techniques, met a definite demand. Knowing one's rights and how to make them effective is an important factor in union motivation. Although still hesitant, the practical application of what has been learned from training and coaching, particularly in terms of strengthening union membership and managing union life, seems to have already produced positive effects that can be capitalized on, particularly in terms of increasing the membership of union sections, as well as initiatives taken within the framework of or with a view to collective bargaining. A start has been made on setting up GFA monitoring structures and mechanisms. The next logical step should be practical mastery of the rights, obligations and procedures laid down in the Framework Agreements, particularly as regards monitoring reports and the complaints mechanism in the event of violation. Thus, in order to consolidate and improve on what has already been achieved, the following recommendations are made: 6.1. To IndustriALL- SubSaharan Africa region Support affiliates in strengthening procedural skills, e.g. in the area of complaints about GFA violations; Extend capacity-building activities as far as possible to non-affiliated unions present in GFA companies, to enable all unions to have a uniform level of information and capacity; Monitor the issue of subcontracting more closely. 6.2. To IndustriALL- Madagascar Set up a systematic knowledge-sharing system for union members who do not participate in the various training courses and capacity-building workshops; Inform(or even train) members on the rights and obligations generated by GFAs; Give priority to coaching for close and appropriate support of base leaders; NB: A case that has caused a stir internationally and nationally deserves to be followed closely, even if it concerns a company not bound by a GFA. It concerns the case of a SVS deputy shopsteward, who was sentenced to twelve months' imprisonment by the Antananarivo Court of First Instance, for having posted on Facebook information considered by the company to be internal. The twelve-month sentence, which was the subject of a presidential pardon, was shortened by three months. On his release from prison, the worker lodged an appeal against his first-instance conviction, and the hearing is scheduled to take place on July 21. The employment contract was not formally terminated, but the worker whose contract was suspended due to his remand in custody was not reinstated after serving his sentence, without any dismissal on the part of the employer. Both parties appear to be awaiting the 27 verdict on appeal, but there is a high risk that the worker will be dismissed if the appeal judge's decision goes against him. In view of the various recommendations made by the ILO through its Committee of Experts on the Application of Conventions and Recommendations (CEACR), IndustriALL Madagascar is advised to follow the case closely. 6.3. To the GFA Committee and the GFA focal points Set up a fluid mechanism for ongoing monitoring of GFA implementation and periodic reporting to IndustriALL. 6.4. To the unions affiliated to IndustriALL Set up a more expeditious and appropriate support system for worker-members whose rights have been violated; Prioritize in future actions the elaboration of a strategic plan for recruitment and collective bargaining, as well as the question on remuneration issues; Advocate ratification of the C190 ILO Convention and adoption of the new Labor Code; Consolidate collaboration with other unions, including those not affiliated to IndustriALL, in the case of companies with several unions; Harmonize information between union sections and central offices, particularly in terms of number of members; If SEKRIMA's analysis of the"communicating vase" phenomenon(see comments on Table 2) is borne out, it will be crucial to re-examine the questions of:(1) why the same workers leave one union to join another;(2) how to really retain members; and(3) how to encourage new, non-unionized workers to join. Take a closer look at the problems of rights violations in the eight other companies linked by a GFA with IndustriALL, particularly with regard to the effective enjoyment of the right to organize and the right to employee representation- It may be appropriate to step up support for the workers concerned in their claims before the labor inspectorate and the courts. Strengthening the skills of Works Council members. 6.5. To the staff representatives and shop stewards Strengthen and prioritize the use of official sources of information(labor inspectorate, CNaPS, labor court, etc.), particularly with regard to rights and obligations in the labor relations; Set up a closer listening and advice system, as well as a monitoring system to be on the lookout for potentially explosive situations; Establish fluid communication with the GFA committee; Master both individual and collective litigation procedures to prevent uncontrolled strike action; Master the glossary of business economics; Strengthen wage negotiation skills; Assist Works Councils in drawing up and negotiating collective agreements; Improve communication techniques with workers, women and men, and with management; Systematically capitalize on and apply the knowledge acquired from the various training courses, to provide workers with the best possible advice and ease interaction with employers. 6.6. To the organizers, moderators and trainers Coach unions in strategic planning, monitoring, assessment and reporting. 28 APPENDIX 1: QUESTIONNAIRE FOR CENTRAL AND REGIONAL UNION OFFICERS FULL NAME: FUNCTIONS IN THE UNION: I. TECHNICAL ASSISTANCE AND TRAINING FOR TRADE UNION OFFICERS PROVIDED BY INDUSTRIALL 1. Did IndustriALL provide technical assistance to your union for the project? 2. In which area(s) was technical assistance provided? 3. What do you think of IndustriALL's support for your union? 4. Within the framework of the project, has your union benefited from any training given with IndustriALL's support? 5. Who took part? 6. What area/topic did the training cover? 7. Who were the trainers? 8. When and where? 9. Distance or face-to-face training? 10. Are you satisfied with these courses? In what way? II. STRENGTHENING UNIONIZATION 1. As part of the project, has your union conducted any campaigns or other forms of action to attract new members? 2. Specify which activities were carried out in this context? 3. How many workers were present/visited? 4. What was your union's membership before these actions/campaigns? How many women? How many men? 5. How many members does your union have now? 6. How do you assess the results of these actions/campaigns? III. ORGANIZATION OF NATIONAL ACTIVITIES AND CREATION OF NETWORKS(AT LEAST ONE REGIONAL MANUFACTURER INVOLVED) 1. Has the planned network been set up? Which companies are involved? IV. STATE OF ACTIONS TO STRENGTHEN COLLECTIVE BARGAINING CAPACITIES IN ORDER TO ADDRESS RELEVANT ISSUES IN THE SECTOR: TRAINING, ADOPTION OF STRATEGIES, ETC. 1. Has your union succeeded in setting up a collective bargaining team under the project? 2. Is there any collaboration with other unions in this context? Who are these unions? 3. Who are each union's representatives on this team? 4. How were they appointed? 5. Has your union received training in negotiation techniques and conflict management as part of the project? 6. Please specify the content of the training. 7. Where and when? 8. Who organized the training? 9. Who was the trainer? 29 10. Who were the participants? 11. Has your union received training in the areas of collective bargaining as part of the project? 12. Please specify the content of the training. 13. Where and when? 14. Who organized the training? 15. Who was the trainer? 16. Who were the participants? V. COMMUNICATION AND NETWORKING STRATEGIES 1. Does your union have a communication and networking strategy for the project? 2. Has a communication structure been set up? Who are its managers/members? 3. What achievements can the structure be credited with? VI. EXISTENCE AND PROGRESS OF ACTIONS TAKEN IN THE FIELDS OF COLLECTIVE BARGAINING, IN PARTICULAR WITH REGARD TO WAGES AND WORKING CONDITIONS, FREEDOM OF ASSOCIATION, AND THE FIGHT AGAINST VIOLENCE AND HARASSMENT(IN PARTICULAR GBVH) 1. In the context of the project, did your trade union lead/participate in collective bargaining or other forms of collective agreement? In which company? 2. If so, what were the results? 3. If no collective agreement has been negotiated or is in the process of being negotiated, has your union been able to devise a project that it can propose to the employer for negotiation? 4. If not, what are the obstacles to drawing up and negotiating a collective agreement? 5. Do you have a strategy for the prevention and elimination of GBVH? 6. Are workers aware of it? 7. Is it effectively applied? 8. If not, what are the obstacles? VII. PROGRESS TOWARDS SECTORAL BARGAINING: FREEDOM OF ASSOCIATION, MULTI-EMPLOYER COLLECTIVE AGREEMENTS, DISPUTE RESOLUTION MECHANISMS 1. Do sectoral negotiations exist? What areas are concerned? 2. Are the companies involved in GFA open to dialogue and negotiation? 3. Is your union currently in a position to propose a sectoral agreement or agreements? Is there a draft that could be proposed to companies? VIII. STRENGTHENING THE PROMOTION OF C190 1. Does your union have a strategy for strengthening the promotion of the C190 ILO Convention on violence and harassment in the workplace? 2. What actions have you taken in this connection? 3. Does your union have a strategy for integrating the fight against GBVH into workplace policies or the collective agreement? 30 IX. WOMEN'S RIGHTS 1. Have the activities carried out under the project enabled workers to: (a) learn more about women's rights(in particular, maternity protection)? (b) know how to demand respect for these rights? 2. What concrete cases can be listed in this respect? X. MONITORING THE IMPLEMENTATION OR LACK OF IMPLEMENTATION OF THE GFA AND PROPOSING CORRECTIVE MEASURES 1. Are the GFAs being complied with in the companies concerned? 2. Have the unions set up a mechanism to monitor implementation of the GFAs? 3. Has your union reported to IndustriALL on the implementation or non-implementation of the GFA? 4. What are the findings to date? 5. Have any corrective measures been proposed to IndustriALL? XI. GENERAL ASSESSMENT OF PROJECT IMPACT 1. Has the project led to an increase in your union's membership? What is the rate of increase? 2. Has the project advanced freedom of association? What concrete examples can you cite? 3. Has the project advanced collective bargaining rights? What concrete examples can you cite? 4. Has the project led to progress in wage negotiation, understanding and improvement? What concrete examples can you give? 5. Has the project led to improvements in other aspects of working conditions, in particular: working hours and overtime, right to rest, health and safety at work, maternity protection? 6. Has the project led to progress in the fight against GBVH? What concrete examples can be listed? UNION LEADERS INTERVIEWED: - Mrs. Malalatiana Lovasoa FETRARINORO, General Secretary, SEMPIZOF - Mr. Barson RAKOTOMANGA, General Secretary, SVS - Mr. Rémi Henri BOUTOUDI, Deputy General Secretary, SEKRIMA 31 APPENDIX 2: QUESTIONNAIRE FOR SHOP STEWARDS, REPRESENTATIVES AND WORKERS MEMBERS OF UNION STAFF I. IDENTITY OF THE INTERVIEWED PERSON MOMBAMOMBA NY OLONA ANAOVANA FANADIHADIANA Name and First names(s) – Anarana sy fanampiny: Gender lehilahy – vehivavy: Age – Taona: Union of membership – Sendikà ikambanana: Functions in the union – Andraikitra ao amin’ny sendikà : I. PRELIMINARY QUESTIONS – FANONTANIANA SAVARANONANDO 1. Are you aware of the project to strengthen trade unionism in the textile-clothing-shoe-leather sector in collaboration between IndustriALL and FES? Fantatrao ve ny fisian’ny tetikasa fanamafisana ny sendikà ao amin'ny textile izay iarahan’ny IndustriALL sy ny FES? 2. What do you know about this project? Azonao lazaina ve izay fantatrao momba io tetikasa io? II. TECHNICAL ASSISTANCE AND TRAINING FOR UNION LEADERS TAN-TSOROKA ARA-TEKINIKA SY FANOFANANA TOMPONANDRAIKITRY NY SENDIKÀ 1. Are you aware of any IndustriALL-supported technical assistance provided to your home union? If so, how did you find out about it? Fantatrao ve ny fisian’ny tan-tsoroka ara-tekinika omen’ny IndustriALL ny sendikà misy anao? Raha eny, ahoana ny fomba nahafantaranao azy? 2. In which field(s) were these technical assistances provided? Amin’ny sehatra inona no nahazoan'ny sendikà misy anao an’izany tan-tsoroka ara-tekinika izany? 3. What are the results? Inona no vokatra azo? 4. What do you think of IndustriALL's support for your union? Ahoana ny fihevitrao momba ny tan-tsoroka omen’ny IndustriALL ny sendikà misy anao? 5. Since 2021, has your union received any training from IndustriALL? Nahazo fampiofanana avy amin’ny IndustriALL ve ny sendikà misy anao hatramin’ny taona 2021 no ho mankaty? 6. Who took part? Iza no nandray anjara tamin’ny fiofanana? 7. In which field/on which topic did the training focus? Inona avy ireo sehatra na lohahevitra niofanana? 8. Who were the trainers? Iza no mpampiofana? 9. When and where? Oviana ary taiza? 10. Online or face-to-face training? Fiofanana nampitain-davitra sa natrehina teo an-toerana? 11. Are you satisfied with these courses? Afa-po tamin’ireo fiofanana ireo ve ianao? III. STRENGTHENING UNIONIZATION FAMPIROBOROBOANA NY FIDIRANA SENDIKÀ 1. Since 2001, has your union conducted any campaigns or other forms of action to attract new members? Hatramin’ny taona 2021 no ho mankaty, nisy ve hetsika nataon’ny sendikà misy anao mba hampirisihana ny fidiran’ny mpikambana vaovao? 2. What activities were carried out in this context? Where and when? Inona avy ireo zavatra natao tamin’izany? Oviana ary taiza? 3. How many workers were present/visited? Mpiasa firy no tonga na voakasika? 4. What was your union's membership before these actions/campaigns? Firy ny isan’ny mpikambana tao amin’ny sendikà misy anao talohan’ireo hetsika ireo? 32 5. How many members does your union have now? Firy kosa izany ankehitriny? 6. How do you assess the results of these actions/campaigns? Ahoana ny fahitanao ny vokatr’ireo hetsika natao? IV. STATE OF ACTIONS TO STRENGTHEN COLLECTIVE BARGAINING CAPACITIES WITH A VIEW TO ADDRESSING RELEVANT ISSUES IN THE BRANCH: TRAINING, ADOPTION OF STRATEGIES – FANAMAFISANA NY FAHAIZA-MANAO FIFAMPIRAHARAHANA IOMBONANA MBA HIATREHANA NY ZAVA-MISY AO ANATIN’NY SEHATR’ASA: FIOFANANA – PAIKADY 1. Has your union succeeded in forming a collective bargaining team since 2021? Nahavita nanangana ekipa mpanao fifampiraharahana iombonana ve ny sendikà misy anao nanomboka tamin’ny taona 2021? 2. Is there any collaboration with other unions in this context? What are these unions? Misy fiaraha-miasa amin’ny sendikà hafa ve momba izany? Iza avy ireo sendikà hafa ireo? 3. Who are the representatives of each union in this team? Iza ireo solotenan’ny sendikà tsirairay ao anatin’ny ekipa? 4. How were they appointed? Ahoana ny fomba nanendrena ireo solotena? 5. Has your union received training in negotiation techniques and conflict management as part of the project? Nahazo fiofanana momba ny tekinika fifampiraharahana sy ny fifehezana fifanolanana ve ny sendikà misy anao tao anatin’ity tetikasa ity? 6. Please specify training content – Omeo ny votoatin’ny fiofanana. 7. Where and when? Taiza ary oviana? 8. Who organized the training? Iza no nikarakara ny fiofanana? 9. Who was the trainer? Iza ny mpampiofana? 10. Who were the participants? Iza avy no nandray anjara? 11. Did your union receive training in the areas of collective bargaining as part of the project ? Nahazo fiofanana momba ireo sehatra azo anaovana fifampiraharahana iombonana ve ny sendikà misy anao nandritra ny tetikasa? 12. Please specify the content of the training – Omeo ny votoatin’ny fiofanana. 13. Where and when? Taiza ary oviana? 14. Who organized the training? Iza no nikarakara ny fiofanana? 15. Who was the trainer? Iza ny mpampiofana? 16. Who were the participants? Iza avy no nandray anjara? V. EXISTENCE AND PROGRESS OF ACTIONS TAKEN IN THE AREAS OF COLLECTIVE BARGAINING, PARTICULARLY WITH REGARD TO WAGES AND WORKING CONDITIONS, FREEDOM OF ASSOCIATION, THE FIGHT AGAINST VIOLENCE AND HARASSMENT(IN PARTICULAR GBVH) – FISIANA SY DINGANA VITA AMIN’NY FIFAMPIRAHARAHANA IOMBONANA, INDRINDRA MAHAKASIKA NY KARAMA SY NY FEPETRA IASANA, NY FALALAHANA SENDIKÀLY, NY ADY AMIN’NY HERISETRA SY NY ANTSOJAY(INDRINDRA IREO IZAY MIFOTOTRA AMIN'NY MAHA-LEHILAHY NA MAHA-VEHIVAVY) 1. Since 2021, has your union led/participated in collective bargaining or other forms of collective agreement? In which company? Hatramin’ny taona 2021 no mankaty, efa nanao na nandray anjara tamina fifampiraharahana anaovana fifanarahana iombonana na endrika fifanarahana hafa ve ny sendikà misy anao? Iza ny orinasa nanaovana izany? 2. If so, what were the results? Raha eny, inona ny vokatra azo? 3. In the absence of a concluded collective bargaining agreement, or of a currently being negotiated one, has your union been able to draw up a draft that it can submit to the employer for negotiation? Raha tsy misy fifanarahana iombonana na endrika fifanarahana hafa eo andalam-pifampiraharahana, manana volavola azo atolotra ifampiraharahana amin’ny mpampiasa ve ny sendikà misy anao? 33 4. If not, what are the obstacles to the design and negotiation of the collective agreement? Raha tsia, inona avy ireo sakana tsy ahafahana mamavolavola sy mifampiraharaha fifanarahana iombonana? 5. Do you have a strategy to prevent and eliminate GBVH? Manana paikady hoentina misoroka sy manafoana ny herisetra sy antsojay mifototra amin’ny maha-lehilahy na maha-vehivavy ve ny sendikà misy anao? 6. Is it known to workers? Fantatry ny mpiasa ve izany paikady izany? 7. Is it effectively applied? Tena ampiharina ve ilay paikady? 8. If not, what are the obstacles? Raha tsia, inona ny sakana? 9. Does your union have a strategy for integrating the fight against GBVH into workplace policies or the collective agreement? Ny sendikà misy anao ve manana paikady hampidirana ny ady amin’ny herisetra sy antsojay ao anatin’ireo politikan’ny toeram-piasana na ny fifanarahana iombonana? VI. PROGRESS TOWARDS THE ESTABLISHMENT OF SECTORAL NEGOTIATIONS: FREEDOM OF ASSOCIATION, MULTI-EMPLOYER COLLECTIVE AGREEMENTS, CONFLICT RESOLUTION MECHANISMS – FIROSOANA MANKANY AMIN’NY FIFAMPIRAHARAHANA MAHENIKA NY SEHATR’ASA: FALALAHANA SENDIKÀLY, FIFANARAHANA IOMBONANA MAHAKASIKA MPAMPIASA MARO, RAFI-PAMAHANA FIFANOLANANA 1. Does your company engage in formal or informal collective bargaining? Misy fifampiraharahana iombonana manara-penitra na tsia ve ao amin’ny orinasa iasanao? 2. Is your company open to dialogue and negotiation? Mampiseho fisokafana amin’ny fifampidinihana sy ny fifampiraharahana ve ny orinasa iasanao? 3. Is your union currently in a position to propose a convention or sectoral agreements? Amin’izao fotoana izao, mahavita manolotra fifanarahana iombonana mahenika ny sehatr’asa ve ny sendikà misy anao? VII. STRENGTHENING THE PROMOTION OF C190 – FANAMAFISANA NY FIVOIZANA NY C190 1. Does your union have a strategy for strengthening the promotion of the C190 ILO Convention on violence and harassment in the workplace? Manana paikady hanamafisana ny fivoizana ny C190 ve ny sendikà misy anao? 2. What actions have you taken in this area? Inona avy ireo zavatra efa natao tamin’izany? VIII. WOMEN'S RIGHTS – ZON’NY VEHIVAVY 1. Have the activities carried out under the project enabled workers to: (c) learn more about women's rights? (d) know how to demand respect for these rights? Moa ve ireo zava-bita nandritra ny tetikasa nahafahan’ny mpiasa: a) nianatra misimisy kokoa momba ny zon'ny vehivavy? b) nahalala ny fomba fitakiana ny fanajana izany zo izany? 2. What concrete cases can be cited on this subject? Misy tranga azo tsapain-tanana azo resahina ve momba izany? X. MONITORING THE IMPLEMENTATION OR LACK OF IMPLEMENTATION OF GFAs – MOMBA IREO FIFANARAHANA LASITRA 1. Do you know the GFA? Fantatrao ve ny GFA? 2. Are GFAs respected in your company? Can you cite concrete examples? Voahaja ve ny GFA ao amin’ny orinasa iasanao? Manomeza tranga azo tsapain-tanana. 34 XI. GENERAL ASSESSMENT OF PROJECT IMPACTS – FAHITANA ANKAPOBENY NY TETIKASA 1. Has the project led to an increase in your union's membership? What is the rate of increase? Ny tetikasa ve nahafahana nampitombo isa ny mpikambana ao amin’ny sendikà misy anao? Firy ny taham-pitomboana? 2. Has the project advanced freedom of association? What concrete examples can be cited? N y tetikasa ve nampivoatra ny falalahana sendikàly? Inona ny ohatra mivaingana azo raisina? 3. Has the project advanced collective bargaining? Can you cite concrete examples? Ny tetikasa ve nampivoatra ny fanajana ny zo hanao fifampiraharahana iombonana? Inona ny ohatra mivaingana azo raisina? 4. Has the project advanced wage bargaining and wage improvement? Can you cite concrete examples? Ny tetikasa ve nahazoana fandrosoana eo amin’ny lafiny fifampiraharahana momba ny karama sy ny fanatsarana ny karama? Inona ny ohatra mivaingana azo raisina? 5. Has the project led to progress in the fight against GBVH? What concrete examples can you list ? Ny tetikasa ve nahafahana nandroso eo amin’ny sehatry ny ady amin’ny herisetra? Inona ny ohatra mivaingana azo raisina? WORKERS' REPRESENTATIVES AND UNION MEMBERS INTERVIEWED COMPANY UNION /FUNCTIONS MALE/FEMALE ANTA7 SEKRIMA/ Staff representative F ANTA7 SEKRIMA/ Staff representative M ANTA7 SEMPIZOF/ Staff representative F ANTA7 SEMPIZOF/ Staff representative M ANTA3 SEKRIMA/ Member F ANTA3 SEKRIMA/ Shop steward M ANTA6 SVS/ Member of the base board M ABE5 SEMPIZOF/ Shop steward- Member of the base board F ABE5 SEKRIMA/ Member M ABE5 SEKRIMA/ Shop steward F ABE5 SEMPIZOF/ Staff representative – President of the Base F board 35 EXTRACTS FROM CLAIM BOOKS 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 36 APPENDIX 3: QUESTIONS TO UNION LEADERS DURING THE FOCUS GROUP I. TECHNICAL ASSISTANCE and TRAINING 1. Who has taken part in the training courses? 2. Were there any forms of technical assistance other than training planned? II. REINFORCEMENT OF UNIONIZATION 1. As part of the project, did your union carry out any campaigns or other forms of action to attract new members? 2. Specify which activities were carried out in this context? 3. How many workers were present/visited? 4. What was your union's membership before these actions/campaigns? How many women? How many men? 5. How many members does your union have now? How many women? How many men? 6. How do you assess the results of these actions/campaigns? 7. Are the lessons learned from the various training courses in terms of strategy development applicable, given the realities of the country? Have you applied them? What obstacles have you encountered? What adjustments have you had to make? III. ORGANIZATION OF NATIONAL ACTIVITIES AND CREATION OF NETWORKS(AT LEAST ONE REGIONAL MANUFACTURER INVOLVED) 1. Has the planned network been set up? 2. Which companies are involved? IV. STATE OF ACTIONS TO STRENGTHEN COLLECTIVE BARGAINING CAPACITIES IN ORDER TO ADDRESS RELEVANT ISSUES IN THE INDUSTRY: TRAINING, ADOPTION OF STRATEGIES, ETC. 1. Has your union succeeded in setting up a collective bargaining team under the project? 2. Is there any collaboration with other unions in this context? Who are these unions? 3. Who are the union's representatives on this team? 4. How were they appointed? 5. Has your union received training in the areas of collective bargaining as part of the project? 6. Please specify the content of the joint training. 7. Where and when? 8. Who organized the training? 9. Who were the participants? 10. How did you go about convincing the employer to(a) set up the works council?(b) negotiate and conclude the collective agreement? V. COMMUNICATION AND NETWORKING STRATEGIES 1. Does your union have a communication and networking strategy for the project? 2. Has a communication structure been set up? Who are its managers/members? 3. What achievements can the structure be credited with? 37 VI. GBVH 1. Have you been able to inform workers about GBVHs, how to prevent them and how to seek redress? 2. Do you have a strategy for the prevention and elimination of GBVH? 3. Are workers aware of it? 4. If not, what are the obstacles? VII. PROGRESS TOWARDS SECTORAL BARGAINING: FREEDOM OF ASSOCIATION, MULTI-EMPLOYER COLLECTIVE AGREEMENTS, DISPUTE RESOLUTION MECHANISMS 1. Are the companies involved in GFA open to dialogue and negotiation? 2. Is your union currently in a position to propose an industry-wide agreement or sectoral agreements? Is there a draft that can be proposed to companies? IX. WOMEN'S RIGHTS 1. Have the activities carried out as part of the project enabled workers to: (a) learn more about women's rights(in particular, maternity protection)? (b) know how to demand respect for these rights? 2. What concrete cases can be cited in this respect? X. MONITORING THE IMPLEMENTATION OR LACK OF IMPLEMENTATION OF GFAs CORRECTIVE MEASURES 1. Are the GFAs being complied with in the companies concerned? 2. What are the obstacles and corrective measures? AND PROPOSING XI. GENERAL IMPACT OF THE PROJECT 1. Has the project advanced freedom of association? What concrete examples can be cited? 2. Has the project led to progress in the fight against GBVH? What concrete examples can be cited? TRADE UNION LEADERS WHO TOOK PART IN THE FOCUS GROUP: - Mrs. Malalatiana Lovasoa FETRARINORO, General Secretary, SEMPIZOF - Mr. Rémi Henri BOUTOUDI, Deputy General Secretary, SEKRIMA 38 APPENDIX 4: QUESTIONS TO UNION REPRESENTATIVES, EMPLOYEE REPRESENTATIVES AND UNIONIZED WORKERS DURING THE FOCUS GROUP I. SUPPORT AND TRAINING FROM INDUSTRIALL 1. Does your union need any other support, apart from training? 2. After training, what activities do you carry out to implement the training you have received? 3. Is the training received(collective bargaining, fight against GBVH) applicable to the situation in Madagascar? II. STRENGTHENING UNIONIZATION 1. Since 2001, has your union conducted any campaigns or other forms of action to attract new members? 2. As a member of your union, do you have access to information about membership numbers? 3. What arrangements would you make to carry out recruitment activities after training? 4. What are the obstacles, on the part of the union, the employer or other entities, preventing the application of the techniques and methods received during training for union organizing? III. STATUS OF ACTIONS TO BUILD COLLECTIVE BARGAINING CAPACITY TO ADDRESS RELEVANT ISSUES IN THE INDUSTRY: TRAINING, ADOPTION OF STRATEGIES 1. Has your union succeeded in setting up a collective bargaining team since 2021? 2. What are the obstacles preventing the team from being set up? 3. Is there any collaboration with other unions in this context? 4. If so, which unions? 5. If not, why not? 6. If necessary, is your union willing to call on the help of its peers to negotiate in a given area? IV. COLLECTIVE BARGAINING 1. Since 2021, has your union led/participated in collective bargaining or any other form of collective agreement? In which company? 2. Is a draft collective agreement available from your union? 3. When will this draft be put on the negotiating table? 4. Is your employer open to dialogue and negotiation? If so, what are the obstacles to negotiating the draft collective agreement? 5. If no collective agreement has been negotiated or is in the process of being negotiated, has your union been able to draw up a draft that it can submit to the employer for negotiation? 6. What are your union's current strategies for successfully concluding a collective agreement? V. GBVH 1. Do you have a strategy for the prevention and elimination of GBVH? 2. Are workers aware of it? 3. Is it effectively applied? 4. Are there any instructions from the union's central office to the shop stewards and the staff representatives on how to handle cases of violence in the workplace? 39 5. How can workers be made aware of the strategy for preventing and eliminating cases of GBVH? 6. Are the shop stewards and the staff representatives capable of handling cases of GBVH? 7. Does your union have a strategy for integrating the fight against GBVH into workplace policies or the collective agreement? 8. Does the current Internal Regulations contain sanctions for acts of GBVH? If not, does the union have any proposals for sanctions? VI. STRENGTHENING THE PROMOTION OF C190 1. Does your union have a strategy for strengthening the promotion of The C190 ILO Convention on violence and harassment in the workplace? 2. Has your union or its confederation already made advocacies to the various structural bodies for the ratification of the aforementioned ILO Convention? VII. WOMEN'S RIGHTS 1. Have the activities carried out under the project enabled workers to: (a) learn more about women's rights? (b) know how to demand respect for these rights? 2. Are the infrastructures for promoting women's rights in place and up to standard in your company? VIII. MONITORING THE IMPLEMENTATION OR LACK OF IMPLEMENTATION OF FRAMEWORK AGREEMENTS 1. Are you aware of the GFA binding your company? If so, how did you find out about it? 2. Is the GFA respected in your company? Can you cite concrete examples? 3. In the event of a breach of the GFA, are you in a position to activate the recourse mechanisms provided for? IX. GENERAL ASSESSMENT OF PROJECT IMPACT 1. Has the project led to an increase in your union's membership? What is the rate of increase? 2. What progress can be seen at the end of the project in terms of freedom of association, bargaining, the fight against GBVH and union recruitment? WORKERS' REPRESENTATIVES WHO TOOK PART IN THE FOCUS GROUPS COMPANY UNION/FUNCTION ABE5 SEKRIMA/ Works Council ABE5 SEKRIMA/ Shop steward – Recruiter ABE5 SEKRIMA/ Shop steward ANTA3 SEKRIMA/ Shop steward ANTA7 SEKRIMA/ Staff Representative ABE5 SEMPIZOF/ Works Council- Recruiter ABE5 SEMPIZOF/ Shop steward 40 MALE/FEMALE M M F M M F M ABE5 SEMPIZOF/ Staff Representative F ANTA3 SEMPIZOF/ Shop steward F ANTA4-II SEMPIZOF/ Shop steward F ANTA4-II SEMPIZOF/ Staff Representative M ANTA7 SEMPIZOF/ Staff Representative M ANTA4-I SEMPIZOF/ Staff Representative F ANTA4-I SEMPIZOF/ Staff Representative M ANTA6 SVS/ Member M ANTA6 SVS/ Dismissed F ANTA4-II SVS Member M 41 APPENDIX 5: THE GFA BETWEEN INDUSTRIALL AND ASOS Between ASOS.com Limited a company registered in England and Wales under company number 3584121 whose registered office is at Greater London House, Hampstead Road, London, NW1 7FB(“ASOS"); and IndustriALL Global Union an association registered in Switzerland whose registered office is at 54bis, Route des Acacias, 1227 Genéve(”IndustriALL Global Union“). Each a“Party” and together referred to as the“Parties”. PREAMBLE ASOS is an online fashion destination, selling womenswear, menswear, footwear, accessories, gifts and beauty products via the asos.com website to millions of young‘twenty something’ fashion lovers in 231 countries and territories. ASOS is committed to respecting, protecting and championing the human rights of workers engaged in the worldwide production of textiles, footwear and apparel. ASOS accepts responsibility to uphold the rights of workers and support transparency of the supply chain. This Agreement recognises the crucial role that freedom of association and collective bargaining play in developing wellfunctioning industrial relations. Accordingly, it is appropriate to establish a framework for engagement with trade union organisations, which represent the workers within the textile, footwear and apparel supply chain. IndustriALL Global Union represents 50 million worI‹ers in 140 countries worldwide through more than 600 affiliated trade unions including those organising workers in the textile, garment, footwear and leather industries. It is committed to defending the rights and interests of worI‹ers at the global, regional and sub-regional levels including through promoting international labour standards in global supply chains. Through this Global Framework Agreement(hereinafter“Agreement”), ASOS and IndustriALL Global Union(hereinafter “the Parties”) wish to formalise the collaboration which has developed over the recent years and to enter into a strategic partnership. The Parties to this Agreement understand that its primary purpose is to promote strong local governance of industrial relations at the point of production in the ASOS supply chain. They further acknowledge that strong local governance can only been achieved when workers in the supply chain have the right to freely associate and bargain collectively and that this is the only sustainable method by which fundamental workers’ rights and decent work can be achieved and maintained. Conventions and Standards Both ASOS and IndustriALL Global Union shall recognise and undertake to collaborate to ensure the application of International Labour Organisation Standards(hereinafter"ILO") including the 1998 ILO Declaration on Fundamental Principles and Rights at Work, ILO Conventions and recommendations and other internationally recognised standards and conventions as laid out in Annex 1. The Parties mutually agree, as stated in ASOS Supplier Ethical Code attached in Annex 2 hereto, that the conventions and standards mentioned in Annex 1 as well as relevant jurisprudence of the ILO shall solely apply visa-vis national laws in case these laws are less favourable to employees. Scope This Agreement covers workers employed by Suppliers contracted by ASOS to provide ASOS with products in its own label textile, footwear and apparel manufacturing supply chain. The purpose of this Agreement is to establish a mutual relationship, which can facilitate freedom of association and collective bargaining as the preferred sustainable mechanism for implementing fundamental employment rights, and resolving labour disputes in Supplier factories in the ASOS supply chain. ASOS own label products are designed in-house and manufactured by third party suppliers and factories(“Suppliers”). ASOS maps and describes them as follows: 42 Under the terms of this Agreement, ASOS recognises its obligations to workers for the conditions under which products are manufactured and that these obligations extend to all workers producing products for ASOS whether or not they are employees of ASOS. In order to meet these obligations, the signatories will observe and require their contractors, subcontractors, and principal Suppliers to observe the internationally recognised standards as set down in Annex 1 and 2 of this Agreement. This framework Agreement is intended to facilitate the negotiation of detailed collective Agreements between local trade unions and all Suppliers to ASOS at national or other levels. It should serve as an important basis for developing a mature system of industrial relations within each company and throughout each company’s supply chain. Accordingly, the requirements contained herein shall apply universally talking into account geographic location, industry sector and company size. The terms of this Agreement shall apply equally to those workplaces within the scope of this Agreement where organisations, which are not affiliated to IndustriALL Global Union represent the workforce. lndustriALL Global Union and ASOS shall undertake to inform these organisations of the terms of this Agreement. This Agreement”applies to Suppliers óf the ASÓS brand IabeÍ and any subsidiary brand label, which ASOS owns. lt does not apply to third party brands, which are sold on the ASOS website. lmplementation/ Structure and Organisation The Parties to this Agreement acknowledge the central importance of freedom of association and collective bargaining as formulated in ILO conventions 87, 98, 135 and Recommendation 143 as essential to developing sustainable compliance in factories supplying ASOS. Freedom of association and collective bargaining provide workers with the tools to monitor and enforce their rights at worI‹, and as such serve as a foundation upon which to build and ensure respect for other labour rights. The Parties to this Agreement thus acknowledge that in the case of freedom of association, the task involves not only the creation of an environment in which workers and management understand workers’ rights and how to exercise them, but also implement a set of policies and procedures to protect those rights and avoid abuse. In conjunction with lndustriALL ASOS commits to: Developing mechanisms involving lndustriALL Global Union affiliates and ASOS staff at country level to drive implementation of the agreement; Developing a strategy to develop an enabling environment for freedom of association and collectivebargaining; Designing and implementing a worker hotline to ensure workers’ access to remedy; Implementing a training programme for workers and factory managers, as well as Suppliers to create an enabling environment for freedom of association and build sustainable internal dialogue in factories; Jointly develop a methodology to periodically assess the impact of purchasing practices at the worker level of the supply chain; ASOS shall act as enabler of freedom of association through the requirement of its Suppliers to adopt a positive, open and collaborative approach towards the activities of trade unions; To facilitate the implementation of this Agreement ASOS shall disclose on a twice- yearly basis the locations of its Suppliers to IndustriALL Global Union and any subsidiary brands which ASOS owns; 43 ASOS commits to transparency of its sources both publicly and to IndustriALL Global Union; ASOS commits to disclosing any wholly owned subsidiary brands which are covered by the scope of thisAgreement. IndustriALL Global Union and its affiliates shall use this information solely to promote the terms of this Agreement and the development of social dialogue with those Suppliers in the ASOS manufacturing supply chain. ASOS shall secure the translation of the Agreement into all relevant languages mutually agreed with IndustriALL Global Union. Where no apparent mechanism for social dialogue is in place within parts of the supply chain, ASOS shall undertake to appraise the management and the employees against the terms of this Agreement. This could take the form of joint briefings and/or training(the providers and contents of which shalJ be determined by the Parties to this Agreement). ASOS shall use its best efforts to grant lndustriALL Global Union and the local, national and regional trade unions affiliated thereto, physical access to Suppliers and factories within the ASOS supply chain. Access shall be provided based upon the mechanisms that both the management of IndustriALL Global Union and ASOS deem necessary. IndustriALL Global Union recognises and agrees that any union access to the premises of an ASOS Supplier is conditional on the prior consent of the ASOS Supplier. Consequently, the Parties agree that in the event IndustriALL Global Union or its affiliated unions want to meet with workers at the premises of an ASOS Supplier, IndustriALL Global Union or its affiliated unions shall ask ASOS to obtain the requisite consent from the Supplier. In situations where it is not clear whether a particular practice constitutes a violation of the Agreement, relevant international labour standards of the ILO shall be used as reference points. When such situations are determined to exist, ASOS agrees to inform and consult IndustriALL Global Union. Information and Access Roles and responsibilities of The Parties: The Parties to this Agreement shall establish and maintain procedures to communicate data and other information regularly regarding performance against the requirements of this Agreement, including, but not limited to, the results of management reviews and monitoring activities. A joint group shall meet twice a year to review the implementation of this Agreement and any related issues. The members of this joint group shall consist of representatives of ASOS, IndustriALL Global Union including the Director of Textile, Garment, Leather and Shoe sector and as and when necessary, representatives from the relevant regions of IndustriALL Global Union. This group shall amongst other things: Promote industrial relations best practice within the ASOS supply chain; Establish reporting mechanisms for violations of the terms of the Agreement as outlined in Annex 1 and 2; Define and refine methods for intervening and resolving disputes in the sector; Undertake research into specific issues; Oversee the development of Supplier policies on freedom of association; Oversee the development of training programmes; Define a country specific implementation process for this Agreement. Both Parties commit themselves to contacting each other directly and immediately in cases where conflicts or violations of the Agreement arise, in order to seek a common solution. IndustriALL Global Union undertakes to provide all of its relevant affiliates with details of this Agreement and will encourage its implementation throughout the ASOS supply chain, in conjunction with its affiliates and regional organisations; IndustriALL Global Union shall conduct an annual impact assessment of the Agreement, and will establish procedures to ensure it brings benefits to the workers concerned, improves communications, helps avoid and resolve conflicts and promotes social dialogue. The full potential of this Agreement relies on knowledge of its contents at ASOS, and with Suppliers and workers. The communication and training of the terms and meaning of this Agreement amongst these Parties is a joint responsibility of ASOS and IndustriALL Global Union. 44 Both IndustriALL Global Union, and ASOS shall undertake to promote the development of policy and training programmes on freedom of association. ASOS shall cover the costs for the program implementation and meetings associated with this Agreement. Registration and term of the Agreement This Agreement comes into force from the date of this Agreement and will be reviewed within 2 years of the date of this Agreement. Both Parties undertake actively to support its implementation, and declare their readiness to co-operate in preventing and remedying any contravention. Questions concerning the interpretation of this Agreement shall be resolved through consultation between the signatories. Every effort will be made to find common agreement but where this is not possible the Parties to this Agreement shall in appropriate instances seek the expert advice of the ILO. The Parties shall mutually agree to abide by the final recommendations of the ILO. Signed for and on behalf of ASOS.COM LIMITED London, 2 October 2017 Signed for and on behalf of lndustriALL Global Union London, 2 October 2017 Chief Executive Officer Valter Sanches General Secretary 45 APPENDIX 6: THE SEMPIZOF REPORT ON VIOLENCE AT ANTA6 Hello Comrades, I think you're doing well. In view of the situation at Madagascar's Free-Trade Companies, which means that ANTA6 is one of 10 companies where we will have to work for three years, there have been major problems for the workers, especially the machinists, and the last interview prior to dismissal took place last Saturday. From May 18 to 25, 350 ANTA6 Machinists began a work stoppage on site, following a memo from management. The memo informed "Employees of the Production Departments that the Project for the Alignment of Employees' Professional Categories has been completed. We wish to point out that this project was prompted by a request from staff representatives to management for an analysis and review of job classifications, echoing anomalies observed in identical jobs with different classifications, ..............................Concerning specifically the Make UP Department(Machinist). We would also like to point out that a Project concerning an evaluation of their Work Situation/Professional Category in relation to their Performance is underway, but is expected to take several months. Management will communicate the details of this Project at a later date" The memo has angered workers, particularly machinists, who have been calling for their skills to be upgraded since last year. Indeed, machinists were reporting that ANTA6 is hiring new workers whose professional category is above employees with more than 10 years' seniority, who are teaching them the trade. According to interviews conducted by IndustriALL Global Union member Sempizof, the Fisemare staff delegates (DP), the representative union at the plant since 2021, advised workers on the strategy of stopping work on site, after 72 hours of lodging grievances with the Labor Inspectorate, which ANTA6 considered an illegal strike. Information about a pay rise in one department was seen as a provocation by most workers, especially machinists. During the strike, in addition to the wage policy, considered discriminatory, workers denounced the sexual harassment of women and recruitment for bribes, and called for the dismissal of supervisors/managers. The latest study by FES and IndustriALL on respect for workers' rights in companies mandated by multinationals that have a global framework agreement with IndustriALL revealed these bad practices used in the companies covered by the study, including ANTA6. The fisemare union preferred not to represent the workers sued by ANTA6. Sempizof members and other nonmember workers turned to Sempizof for help and protection after ANTA6 declared the strike illegal. Although Sempizof has not been elected to represent the workforce, it is recognized as a trade union present in the company and has a shop steward. Currently, the workers involved in the strike are being called in for an individual interview with the employer for striking without notice, which has caused disruption and losses for the company. The Employer has begun the Dismissal Procedures with Pre-Dismissal Interviews for the parties and others are being summoned to attend Interviews in application of ANTA6 External Disciplines. The workers, who in good faith followed the directives of the representative union in place, in order to make their grievance heard, are now afraid of losing their Jobs while at the same time indignant about ANTA6's discriminatory policy. And during the two interviews, SEMPIZOF representatives assisted the workers concerned at the time of their interview. As a result, more than half of the Workers concerned have been sanctioned with 3-day lay-offs and the others are awaiting the Verdict of Management after the Pre-Dismissal Interview on Wednesday, June 15, 2022. SVS has also come on the scene. As far as we are concerned, SVS did not have a union registered at ANTA6 at the time of the incident. I am forwarding this report to you for your help and intervention with IndustriALL, as we fear that many workers will lose their jobs. Looking forward, LOVA SG/SEMPIZOF 46