Country profile MDG
Context
Context
| Year | Age group | Proportion | Gender | Indicator | Source |
|---|---|---|---|---|---|
| 2018 | 5-17 | 33.4 | Male | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2018 | 5-17 | 26.2 | Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2018 | 5-17 | 29.8 | Male & Female | Proportion of children engaged in economic activity, by sex and age (%) | Source |
| 2018 | 5-17 | 38.3 | Male | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2018 | 5-17 | 35.1 | Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
| 2018 | 5-17 | 36.7 | Male & Female | Proportion of children engaged in economic activity and household chores, by sex and age (%) | Source |
National Legal Framework
National Legal Framework
| Provision | Legislation date | Convention | Legislation info | sources | Value | sort_order | Provision description | Legislation description |
|---|---|---|---|---|---|---|---|---|
| Is the use, procuring or offering of children for illicit activities, in particular for the production and trafficking of drugs, prohibited? | 2007-07-03 | C182 | Decree 2007-563 - Article 14 | [{"link_name":"Decree 2007-563","source_link":"https://www.droit-afrique.com/upload/doc/madagascar/Madagascar-Decret-2007-563-travail-des-enfants.pdf"}] | Yes | 11 | C182 prohibits the use, procuring or offering of children for illicit activities in particular for the production and trafficking of drugs. | According to Article 14., the recruitment, use, supply, and employment of children of either sex in the production in the production and trafficking of narcotics is prohibited. Narcotics trafficking" means any offer, offering for sale, distribution, brokerage, sale, delivery in any capacity whatsoever, dispatch, shipping, transport, purchase, possession, or use of drugs. |
| Is the use, procuring or offering of a child for the purpose of prostitution and for production of pornography prohibited? | 2007-07-03 ; 2004-06-10 ; 2005-01-28 | C182 | Decree 2007-563 - Section 13 ; Law N°2003-044 of July 28, 2004, on the Labor Code - Sections 261 ; Act No. 2004-51 of 28 January 2005 establishing the Penal Code - Sections 354-357 | [{"link_name":"-Decree 2007-563","source_link":"https://www.droit-afrique.com/upload/doc/madagascar/Madagascar-Decret-2007-563-travail-des-enfants.pdf"},{"link_name":"-Labour Code","source_link":"https://www.warnathgroup.com/wp-content/uploads/2019/08/Madagascar-Labor-Code.pdf"},{"link_name":"-Act No. 2004-51","source_link":"https://droit-afrique.com/upload/doc/madagascar/Madagascar-Code-1960-penal-MAJ-2005.pdf"}] | Yes | 10 | C182 prohibits the use of a child under the age of 18 for prostitution, regardless of the child's consent. The use, procuring or offering of any person under the age of 18 for commercial sexual exploitation constitutes a worst form of child labour, even if prostitution is a legalised. In regard to the prohibition of child pornography, States need to make sure that national legislation addresses the involvement of a child in the production of pornographic materials, including non-recorded performances. | Section 13 of Decree No. 2007-563 of 3 July 2007 respecting child labour categorically prohibits the procuring, use, offering, or employment of children of either sex for prostitution, the production of pornographic material, or sexual exploitation for commercial purposes. Section 261 of the Labour Code and sections 354–357 of the Penal Code, which are referred to in Decree No. 2007-563, establish effective and dissuasive sanctions. |
| Is forced or compulsory recruitment of children under 18 for use in armed conflict prohibited? | 1978-02-16 | C182 | Ordinance No. 78-002 - Article 11 | [{"link_name":"Ordinance No. 78-002","source_link":"https://cnlegis.gov.mg/uploads/O78-002-VF-VM.pdf"}] | Yes | 9 | C182 defines forced or compulsory recruitment of children under 18 for use in armed conflict as a worst form of child labour. Nevertheless, C182 only prohibits the forced or compulsory recruitment of children under 18, and does not cover the voluntary recruitment of children under 18. | Article 11 of the Ordinance stipulates that young men and women aged 18 or over may request to be enlisted in the Armed Forces or discharged from the Armed Forces before other young men and women of their age group. |
| Is the sale and trafficking of children for sexual and labour exploitation prohibited? | 29-01-14 | C182 | Act No. 2014 040 - Sections 16 and 17 | [{"link_name":"Act No. 2014 040","source_link":"https://antislaverylaw.ac.uk/wp-content/uploads/2019/08/Law-No-2014-040-on-the-fight-against-trafficking-Official-Gazette-French.pdf"}] | Yes | 8 | C182 defines all forms of slavery or practices similar to slavery, such as the sale and trafficking of children, debt bondage and serfdom and forced or compulsory labour as worst forms of child labour. | Sections 16 and 17 relate to offenses against children under 18 years of age and establish penalties of forced labour for trafficking offenses involving prostitution and penalties of from five to ten years of imprisonment and a fine of from 4 to 20 million Malagasy ariary (MGA) for trafficking for the exploitation of domestic work. Article 19 of the Act also establishes penalties of imprisonment of from five to ten years and a fine of from MGA2 to 10 million in the case of trafficking for forced labour and slavery-like practices. |
| List of hazardous activities prohibited for children | 11-01-18 | C138 & C182 | Decree n° 2018-009 | [{"link_name":"Decree n° 2018-009","source_link":"https://wwwex.ilo.org/dyn/natlex2/r/natlex/fe/details?p3_isn=114722&cs=1Zl9GBtl2dTG6yv1cBDA5uLb92BhNljRxIxdor2ZW1Jc3cpMYoruYSveBsKanZe1WRMyMaJLblJYGleOPNyTlig"}] | Yes | 7 | C138 and C182 require the national determination of a list of hazardous work prohibited for children under 18 years of age. The competent authorities should consult with workers' and employers' organizations to determine what types of employment or work are considered to be hazardous. Such a list shall be periodically examined and revised as necessary. | The Decree amends and supplements certain provisions of decree no. 2007-563 of July 3, 2007 on child labour. It adopts a detailed list of activities considered hazardous for children. |
| Minimum age for hazardous work | 2007-07-03 | C138 & C182 | Decree No. 2007-563 - Chapter 2 | [{"link_name":"Decree No. 2007-563","source_link":"https://www.droit-afrique.com/upload/doc/madagascar/Madagascar-Decret-2007-563-travail-des-enfants.pdf"}] | 18 | 6 | C138 and C182 set 18 as the minimum age for hazardous work, which is defined as work that, due to its nature or the circumstances in which it is carried out, is likely to jeopardize children’s health, safety or morals. C138 and C182 allow countries to permit hazardous work exceptionally as from 16, provided that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or training. | Chapter 2 of the Decree (on the worst forms of labour) comprises three parts listing the forms of work which are prohibited for children under 18 years of age. Part 1, which deals with work of an immoral nature, includes in particular the employment of children in the making, handling, and sale of printed matter, posters, drawings, engravings, paintings, emblems, images, films, compact discs, and other objects the sale, offering, exhibition, display or distribution of which are prohibited under criminal law or offend public decency. Part 1 also prohibits the employment of children in bars, discotheques, casinos, gaming establishments, nightclubs, and any other public place where alcoholic beverages are consumed. Part 2, which deals with forced labour, prohibits, in particular, the employment of children as domestic workers or home helps. Finally, Part 3, which deals with hazardous or insalubrious work, prohibits, in particular, the employment of children on works sites where vehicles or mobile equipment are used, the employment of children on machinery or mechanisms that are in operation, the employment of children in the gathering of toxic plants and the recruitment of children for work in mines and quarries. |
| Minimum age for admission to apprenticeship | N/A | C138 | N/A | [{"link_name":"CEACR Observation","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4290595,102955"}] | No | 5 | C138 does not apply to work done in school for general, vocational or technical education or in training institutions or work done by children at least 14 years of age in undertakings, where such work is carried out in accordance with conditions prescribed by the competent authority. Such work must be an integral part of: (i) a course of education or training for which a school or training institution is primarily responsible; (ii) a programme of training mainly or entirely in an undertaking, which programme has been approved by the competent authority; or (iii) a programme of guidance or orientation designed to facilitate the choice of an occupation or of a line of training. | According to the ILO CEACR Observation on Convention 138, 2022, "Further to its previous comments, the Committee notes the Government’s indication that the bill on the national employment and vocational training policy (PNEFP), drawn up in collaboration with the ILO and in consultation with the social partners, is still being approved. " |
| Is the minimum age for admission to work not less than the age for completion of compulsory schooling? | No information | C138 | No information | [{"link_name":"CEACR Observation","source_link":"https://www.ilo.org/dyn/normlex/en/f?p=1000:13100:0::NO:13100:P13100_COMMENT_ID,P13100_COUNTRY_ID:4290595,102955"}] | N/A | 4 | C138 requires that the minimum age for admission to work shall not be less than the age of completion of compulsory schooling and, in any case, shall not be less than 15 years. | According to the CEACR Observation on Convention 138, 2022, "The Committee notes the Government’s indications that reform projects have been launched concerning Directive 2008-011 amending certain provisions of Act No. 2004-004 of 26 July 2004 (governing the education system) to give concrete expression to the presidential commitments on education but that this draft legal amendment is currently before Parliament for discussion, deliberation and adoption. The publication of the decision adopted in the National Assembly will shed light on the new direction adopted for compulsory education in Madagascar, at which point it will be known whether the age of completion of compulsory schooling will be aligned with the minimum age for admission to employment or work, as required by the Convention. However, the Committee notes that according to the Sectoral Plan for Education 2018–22, it is envisaged to implement a reform of basic schooling to give it nine years, which would mean that children finish school at 15 years of age. The Committee notes with concern that the question of the age of completion of compulsory schooling has still not been settled and has remained under discussion for many years. ." |
| Light work - Determination of types and conditions of activities | 2007-07-03 | C138 | Decree No. 2007-563 - Section 3 | [{"link_name":"Decree No. 2007-563","source_link":"https://www.droit-afrique.com/upload/doc/madagascar/Madagascar-Decret-2007-563-travail-des-enfants.pdf"}] | Yes | 3 | If the country chooses to allow light work, States must determine what activities are considered light work, and the hours and the circumstances under which they may be carried out. | Section 3 of the Decree states that children aged 14 or 15 may exceptionally be authorized by the labour inspector to perform light work provided that they have completed their compulsory schooling. Section 3(2) states that such authorizations are granted only after a prior investigation of the conditions of work, occupational health and safety, the working environment, the protection, health and schooling of the child and local circumstances. |
| Minimum age for light work | 2007-07-03 | C138 | Decree No. 2007-563 - Section 2, 3 | [{"link_name":"Decree No. 2007-563","source_link":"https://www.droit-afrique.com/upload/doc/madagascar/Madagascar-Decret-2007-563-travail-des-enfants.pdf"}] | 14 | 2 | C138 defines light work as work that does not interfere with children’s schooling, or their ability to benefit from it, and that is not hazardous. C138 allows countries to permit light work for children younger than the general minimum age. For countries that set the minimum age at 15, this means children aged 13-14, and for those that set it at 14, children aged 12-13 may engage in light work. | Section 2 of Decree No. 2007-563 states that children over 15 years of age may be recruited for light work which: (a) is not beyond the children’s strength; (b) is not a source of danger; (c) does not jeopardize the health or physical, mental, spiritual, moral or social development of children. Sections 3 of the Decree states that children aged 14 or 15 may exceptionally be authorized by the labour inspector to perform light work provided that they have completed their compulsory schooling. Section 3(2) states that such authorizations are granted only after a prior investigation of the conditions of work, occupational health and safety, the working environment, the protection, health and schooling of the child and local circumstances. |
| Minimum age for admission to work | 2004-06-10 | C138 | Law N°2003-044 of July 28, 2004, on the Labor Code - Article 100 | [{"link_name":"Law N°2003-044 of July 28, 2004, on the Labor Code","source_link":"https://www.warnathgroup.com/wp-content/uploads/2019/08/Madagascar-Labor-Code.pdf"}] | 15 | 1 | C138 establishes 15 as the minimum age for work in general. Developing countries have the option of setting a minimum age of 14 as a transitional measure as they strengthen their education systems and economies. | Article 100 of the Code sets the minimum age for employment as 15. |
International Legal Framework
International Legal Framework
| Ratification status | Convention | Convention description | Date of ratification | Source |
|---|---|---|---|---|
| in-force | C182 | Worst Forms of Child Labour Convention, 1999 (No. 182) | 04-OCT-2001 | Source |
| in-force | C138 | Minimum Age Convention, 1973 (No. 138) | 31-MAY-2000 | Source |
Policies and Plans
Policies and Plans
| Description | sources | Period | Policy name | Implementing agency |
|---|---|---|---|---|
| Madagascar is a Pathfinder Country of the Alliance 8.7, a global partnership committed to eradicating forced labour, modern slavery, human trafficking, and child labour. As part of this initiative, Madagascar has initiated the development of a roadmap towards achieving Sustainable Development Goal (SDG) 8.7. According to the NATIONAL STRATEGIC PLANNING WORKSHOP ON ALLIANCE 8.7 held in Antananarivo, MADAGASCAR, on 25 Oct 2018, the main objectives of Madagascar's roadmap around child labour would be: Establish a database on child labour / mapping of stakeholders Level the playing field for actors (public and private, CSOs) and the community in the fight against child labour Strengthen the powers of the Labour Inspectorate (OPJ status) and create a body of social workers Adoption of the new National Action Plan to combat child labour | [{"link_name":"SDG 8.7 Roadmap","source_link":"https://www.alliance87.org/sites/default/files/2024-02/1_Alliance%208.7%20_%20Rapport%20final%20Madagascar%20.pdf"}] | Date not specified | SDG 8.7 Roadmap | Ministry of Public Service, Administrative Reform, Labour, Employment and Social Laws |
| The Ministries of Labour, Population, and Mines have joined efforts for the formulation of a Joint National Plan, with support from the ILO, the United Nations Development Programme (UNDP) and UNICEF, and other technical partners, within the framework of the T4DW project, of which Madagascar is one of the beneficiaries. According to the report on the action proposed in five African projects under the T4DW project in 2021, the Government confirmed that child labour in mica mines is a scourge in the country. The PNC, therefore, targets: (i) the formalization of small-scale mining activities in the region; (ii) the involvement of the private sector in action to combat child labour; (iii) education, awareness raising, and communication to change behaviour concerning the problem of children and the community; (iv) the reinforcement of the child protection system; (v) the establishment of a social protection program to remove children from the worst forms of child labour; and (vi) the strengthening of the resilience of communities in mica mining areas through economic diversification. The Committee also notes that, within the framework of the T4DW project, a qualitative study is being undertaken of child labour in the mica sector. | [{"link_name":"PNC","source_link":"https://endchildlabour2021.org/wp-content/uploads/2021/06/Minist_re-du-Travail-de-l_Emploi-de-la-Fonction-Publique-des-Lois-Sociales-MADAGASCAR.pdf"}] | 2023-2025 | Joint National Plan to Combat Child Labour in the Mica Sector (PNC) | Ministry of Labor, Employment, Civil Service and Social Affairs |