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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Madagascar (Ratification: 2001)

The Committee notes the observations of the Christian Confederation of Malagasy Trade Unions (SEKRIMA), which were received on 17 September 2013.

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour. All forms of slavery or practices similar to slavery; sanctions. Sale and trafficking. The Committee previously noted the high level of trafficking in persons, particularly children, from Madagascar to neighbouring countries and the Middle East for purposes of domestic servitude and sexual exploitation. The Committee also observed that the Act against trafficking was not sufficiently implemented and had not resulted in any convictions to date.

The Committee notes with interest the adoption of Act No. 2014-040 of 20 January 2015 against trafficking in persons. It notes that sections 16 ff. concerning offences against children under 18 years of age establish penalties of forced labour for trafficking for prostitution and imprisonment of five to ten years and a fine of 4 to 20 million Malagasy ariary (MGA) for trafficking for the exploitation of domestic labour. The Act also provides for imprisonment of five to ten years and a fine of MGA2 to 10 million for trafficking for forced labour and slavery-like practices. The Committee notes the Government’s indication that a National Bureau for Combating Trafficking in Persons was established in accordance with section 48 of the Act and given responsibility for the prevention of trafficking and the monitoring of anti-trafficking action, and also for the harmonization and coordination of the competent services. The Government also indicates that a National Plan to Combat Trafficking in Persons was approved in March 2015. The Plan focuses in particular on awareness-raising and training programmes to combat trafficking in persons. The Committee requests the Government to take the necessary steps to ensure the effective implementation of Act No. 2014-040 and to supply information on the application of the Act in practice, including statistics on the number and nature of violations reported, investigations, prosecutions, convictions and criminal penalties imposed in cases involving child victims. It also requests the Government to take the necessary steps to ensure that the penalties established for the perpetrators of trafficking of children under 18 years of age are applied in practice.

Article 5 of the Convention. Monitoring mechanisms. Division for the Prevention, Abolition and Monitoring of Child Labour (PACTE). In its previous comments, the Committee noted the Government’s indication that PACTE is the technical secretariat of the National Council for Combating Child Labour (CNLTE). The Committee also noted that the Regional Child Labour Observatories (ORTEs) are subdivisions of PACTE and have general responsibility for the regional coordination, monitoring and evaluation of all action against child labour, identifying activities to promote the elimination thereof, and compiling and analysing the data gathered. The Committee noted that the ORTEs play a vital role in the implementation of the National Plan of Action against child labour in Madagascar (PNA). The Government indicated that the ORTEs are facing staffing problems, with labour inspectors and supervisors unavailable or assigned to other duties and hence unable to devote themselves entirely to the ORTEs.

The Committee notes with regret the Government’s indication that the staffing problems of the ORTEs have still not been resolved, even though these observatories were set up in 2007. However, the Government indicates that 74 labour inspectors received training with regard to action against child labour. It also mentions that, in the context of stepping up the monitoring of child domestic labour, a training workshop for neighbourhood inspectors (fiantso) within the first-level territorial authorities (fokotany) was held in relation to conducting a census of child domestic workers in households, with a view to enabling labour inspections to be conducted under favourable conditions. Noting that the ORTEs are essential to the implementation of the PNA, the Committee once again urges the Government to take the necessary steps to ensure that they are established and function effectively as soon as possible, and to supply information on progress made in this respect. The Committee also requests the Government once again to provide information on the results achieved further to the interventions and inspections conducted by labour inspectors responsible for combating child labour, including extracts from reports or documents indicating the extent and nature of reported violations relating to children and young persons involved in the worst forms of labour.

Articles 6 and 7(2). Programmes of action and effective and time-bound measures. Clauses (a) and (c). Preventing the engagement of children in the worst forms of labour and access to free basic education for children withdrawn from the worst forms of child labour. In its previous comments, the Committee noted that the PNA is continuing and is in an extension phase in terms of staffing, beneficiaries and coverage (2010–15). It noted that action programmes focusing on prevention and the withdrawal of children from the worst forms of child labour – namely the Amoron’i Mania, Ambositra, Vakinankaratra (AMAV) project against child domestic labour, the Plan of Action to combat the commercial sexual exploitation of children, and the Plan of Action concerning child labour in mines and stone quarries in the Atsimo Andrefana region – were implemented under the ILO–IPEC project entitled “Tackle child labour through education in 11 countries” (TACKLE project). Lastly, the Committee noted the study carried out by the United Nations Children’s Fund (UNICEF) on exclusion from school and the means of inclusion in primary education in Madagascar, according to which there are over 1 million children who do not attend school.

The Committee notes the observations of SEKRIMA stating that school fees now imposed in most public and private schools pose a problem. SEKRIMA also mentions that there was a high drop-out rate in public schools in 2012–13.

The Committee notes the Government’s indications that national priority is given to combating exclusion from school, since the absence of over 1 million children from the school system represents an enormous social challenge. The Government indicates that it has set up a programme for the 2014–18 period aimed at integration and reintegration in school. This programme has enabled action aimed at reducing costs for parents, national arrangements for refresher courses (CRAN) for the reintegration of children under 16 years of age. In addition, the Asa Sekoly Avotra Malagasy (ASAMA) programme has sought to integrate or reintegrate children between 12 and 15 years of age in fast-track schooling. The Committee notes that, according to the UNICEF annual report for 2014, the number of children out of school has dropped by some 40,000 (page 24). The Committee further notes that in 2012–13 the TACKLE project made it possible to prevent the engagement of 1,847 children in the worst forms of child labour and to withdraw 1,985 children from these worst forms of labour. The Government also indicates that 2,923 children (of whom 1,470 were girls) received formal education, 345 children (of whom 182 were girls) received non-formal education and 564 children (of whom 383 were girls) received vocational training. In 2014, a total of 90 children between 13 and 17 years of age in Nosy Be and 80 children in Tuléar and Mangily Sud who were victims of commercial sexual exploitation were withdrawn and reintegrated in vocational training centres. The AMAV project enabled 165 boys between 15 and 17 years of age involved in domestic labour to receive vocational training in the Ambositra and Vakinakaratra regions. However, the Committee notes that, according to the National Survey of Employment and the Informal Sector (ENEMPSI 2012), the school drop-out rate is five times higher for children involved in work (41 per cent) than for those who are not (8 per cent). Lastly, it notes that, according to the national survey following up on the Millennium Development Goals 2012–13 and United Nations Educational, Scientific and Cultural Organization (UNESCO) estimates for 2013, the net school enrolment rate was 69.3 per cent in primary education and 30.4 per cent in secondary education. Considering that education contributes to preventing the engagement of children in the worst forms of child labour, the Committee firmly requests the Government to intensify its efforts to improve the functioning of the education system in the country. In this respect, it requests the Government to provide information on the time-bound measures taken to increase the school attendance rate and reduce school drop-out rates, for both primary and secondary education.

Clause (d). Children at special risk. HIV/AIDS orphans. In its previous comments, the Committee noted that, according to estimates of the Joint United Nations Programme on HIV/AIDS (UNAIDS), the number of HIV/AIDS orphans had risen to about 11,000, compared with 3,400 in 2008. The Committee also noted the Government’s indications that it is making every effort to optimize success in combating HIV/AIDS through the National Development Strategy.

The Committee notes the Government’s indication that the fight against HIV/AIDS is continuing through the National Development Strategy but that the latter has encountered various obstacles including the political crisis, which has resulted in a slowdown of activities. The Government also indicates that new structures and programmes of activities in the health sector have been adopted. The Committee notes with regret that the Government says nothing about progress made regarding the protection of HIV/AIDS orphans and observes that there are no recent statistics for this subject. Recalling the adverse effects for HIV/AIDS orphans, who are at an increased risk of being engaged in the worst forms of child labour, the Committee urges the Government to intensify its efforts to prevent the engagement of these children in the worst forms of child labour. It once again requests the Government to provide information on the results achieved.

Article 8. International cooperation. Poverty reduction. Further to its previous comments, the Committee notes the Government’s indication that the National Development Plan (PND), the successor to the Madagascar Action Plan (MAP), is an instrument for reducing poverty, stimulating growth and ensuring the development of the country. It has the same four priority categories for action as the MAP, namely commercial sexual exploitation of children and related activities, child domestic labour, child labour in mines and stone quarries, and child labour in hazardous and unhealthy environments in the rural and urban sectors. The Committee also notes that in September 2015 the Government, with the support of UNICEF and the World Bank, approved its first National Social Protection Policy as part of the PND, its objectives being to protect the most vulnerable children, families and communities, provide access to essential services and ensure the exercise of their rights. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee once again requests the Government to take the necessary measures to ensure that the PND is implemented in such a way as to step up the elimination of the worst forms of child labour, particularly with regard to the four priority categories for action. The Committee once again requests the Government to provide information on the progress made in this respect and the results achieved. Lastly, it requests the Government to provide information on the implementation of the National Social Protection Policy in the context of the elimination of the worst forms of child labour.