Solicitud directa (CEACR) - Adopción: 2006, Publicación: 96ª reunión CIT (2007)

Convenio sobre la edad mínima, 1973 (núm. 138) - Madagascar (Ratificación : 2000)

The Committee notes the information provided by the Government in its report. It notes with interest the adoption of Act No. 2003-044 of 28 July 2004 issuing the Labour Code [hereinafter the Labour Code], which repeals Act No. 94-029 of 25 August 1995 issuing the Labour Code [hereinafter Act No. 94-029 of 25 August 1995].

Article 1 of the Convention. National policy. 1. National Plan of Action against Child Labour. In its previous comments, the Committee noted the adoption of the National Plan of Action against Child Labour in Madagascar. It also noted the development of six sectoral plans covering the rural sector, extractive industries, manufacturing industries, domestic service, catering and trade, and miscellaneous activities. It requested the Government to provide information on the impact of the National Plan of Action and the sectoral plans referred to above. The Committee notes the information provided by the Government that, in the context of the project undertaken by the Ministry of Labour entitled “Improvement of the situation of street children”, which forms part of the immediate action for the elimination of child labour, the funds allocated to the Public Investment Programme 2005 have been increased with a view to extending its application to other regions of the country. The Committee requests the Government to provide information on the impact of the National Plan of Action and the sectoral plans referred to above in terms of the abolition of child labour in practice.

2. Institutional support programme for the abolition of child labour. The Committee previously noted the establishment of the institutional support programme for the abolition of child labour in Madagascar. It requested the Government to provide information on the implementation of the institutional support programme and the results achieved. The Committee notes the information provided by the Government that the programme is currently engaged in compiling the texts relating to child labour. The Committee requests the Government to continue providing information on the institutional support programme in relation to the measures adopted or envisaged for the abolition of child labour.

Article 2, paragraph 1. 1. Scope of application. The Committee noted previously that, under the terms of section 1, the Labour Code applies to all workers whose contract of employment, whatever its form, is executed in Madagascar and it noted that under the terms of this provision the Labour Code only applies to an employment relationship. The Committee requested the Government to provide information on the manner in which children who are not bound by an employment relationship, such as those who work on their own account, benefit from the protection envisaged in the Convention. In its report, the Government indicates that it has taken due note of the observations made by the Committee on this matter and confirms that the new Labour Code only applies to an employment relationship. It adds that, in the case of children who are not bound by an employment relationship, no text explicitly affording them protection exists at the present time. However, the Government emphasizes that the National Plan of Action against Child Labour was established precisely to bring an end to this situation. Noting the indications provided by the Government, the Committee requests it to provide information on the measures adopted in the context of the National Plan of Action to ensure that children who are not bound by an employment relationship, such as those who work on their own account, benefit from the protection envisaged in the Convention.

2. Minimum age for admission to employment or work. Further to its previous comments, in which it noted that sections 1 and 100 of Act No. 94-029 of 25 August 1995 established a minimum age for admission to employment or work lower than that specified when Madagascar ratified the Convention, the Committee notes with interest that section 100 of the new Labour Code establishes the minimum age for admission to employment at 15 years, in conformity with the age specified when the Convention was ratified.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee noted that Order No. 3949/87 raised the age of completion of compulsory schooling from 14 to 16 years. The Committee however noted that, according to a document published by the UNESCO International Bureau of Education, the age of completion of compulsory schooling is lower than the minimum age for admission to employment or work. It reminded the Government that the requirement set out in Article 2, paragraph 3, of the Convention is met in so far as the minimum age for work, namely 15 years in Madagascar, is not lower than the age of completion of compulsory schooling. The Committee requested the Government to indicate the age of completion of compulsory schooling. The Committee notes the information provided by the Government that section 100 of the Labour Code establishes that the age for access to employment is 15 years and that this age shall not in any case be lower than the age of completion of schooling. It also notes the Government's indication that work is currently under way on the preparation of the implementing texts for the Labour Code and that measures will be taken jointly with the Ministry of National Education to comply with the provisions of the Convention. The Committee requests the Government to provide information on the work of preparing texts to give effect to the Labour Code and the measures that are to be taken with the Ministry of National Education for the specification of the age of completion of compulsory schooling.

Article 3. Hazardous work. In its previous comments, the Committee noted that certain provisions of Decree No. 62-152 of 28 March 1962 were not in conformity with Article 3 of the Convention, particularly with regard to the age for admission to hazardous work and the possibility to perform hazardous work from the age of 16. It reminded the Government that, under the terms of Article 3, paragraph 1, of the Convention, the minimum age for admission to hazardous work, that is any type of employment or work which, by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18. The Committee also reminded the Government that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young persons between 16 and 18 years of age, on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requested the Government to take the necessary measures to bring the national legislation into conformity with the Convention on this matter.

In this respect, the Government indicates that it has taken due note of the comments made by the Committee of Experts concerning Decree No. 62-152 of 28 March 1962. It adds that work is being carried out for the preparation of texts to give effect to the Labour Code, as envisaged by Act No. 2003-044 of 28 September 2003, and that the new provisions will be referred to the National Labour Council (CNT) for its opinion before enactment. The Government also indicates that the new texts will take into account the Conventions ratified by Madagascar. While noting the information provided by the Government, the Committee hopes that the implementing texts for the new Labour Code will be adopted in the near future and requests the Government to provide information on any progress achieved in this regard.

Article 6. Vocational training and apprenticeship. Further to its previous comments, in which it requested the Government to provide information on the system of vocational training and on the provisions applicable to apprenticeship, the Committee notes that sections 31 to 34 and 191 to 198 of the Labour Code regulate apprenticeship and vocational training, respectively. By virtue of sections 32 and 193, decrees or regulations will establish the conditions under which apprenticeship and vocational training are conducted. In this connection, the Committee notes the Government’s indication that a decree determining the conditions of work of apprentices will be examined in the near future by the CNT, which is a tripartite body. It further notes the Government’s indication that the Ministry of Employment and Vocational Training is currently preparing various regulations on vocational training. These texts should be examined during the course of the year by the CNT. In addition, the Committee notes that the Ministry of Employment and Vocational Training is planning to submit a bill to Parliament on the national employment policy, in which further vocational training and apprenticeship are priority objectives. The Committee requests the Government to provide a copy of the legislation respecting apprenticeship and vocational training as soon as it is adopted.

Article 7. Light work. Further to its previous comments, the Committee notes that, under the terms of section 102 of the Labour Code, children may not be employed in any enterprise, even as apprentices, before the age of 15 years without the authorization of the labour inspector, taking into account local circumstances, the work that they may be called upon to perform and on condition that the work is not harmful to their health and normal development. The Committee notes that section 102 allows admission to employment in enterprises before the age of 15 years where so authorized by the labour inspector. The Committee reminds the Government that, in accordance with Article 7,  paragraph 1, of the Convention, national laws or regulations may permit the employment of persons 13 to 15 years of age on light work, on condition that the work is not likely to be harmful to their health or development and that it is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Furthermore, under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee requests the Government to take the necessary measures to ensure that work performed by children under 15 years of age is only permitted in the case of light work as from the age of 13 years, in accordance with Article 7, paragraph 1. It also requests the Government to indicate the activities in which employment on light work may be authorized and to provide information on the conditions of work prescribed, particularly with regard to the hours of work and conditions of employment and work.

Part V of the report form. Application of the Convention in practice. The Committee noted previously that, in its second periodic report to the Committee on the Rights of the Child in February 2001 (CRC/C/70/Add.18), the Government indicated that as a result of the socio-economic crises throughout the world, child labour was continuing to increase, especially in developing countries, and that Madagascar was no exception. It also indicated that most working children, whether in urban, suburban or rural areas, are in the informal economy. The Committee noted a study entitled “Child labour in Madagascar: An evaluation”, carried out by UNICEF in June 1997 at the request of ILO/IPEC. The Committee noted that the study had been able to determine the nature and scope of child labour in the country. The sectors in which children worked were: agriculture, domestic service, extractive industries (quarries, salt mines), manufacturing industries, livestock, transport and maintenance, shops, casual street employment, fishing, metalworking, forestry, marginal activities and catering. The Committee expressed deep concern at the situation of very young children in Madagascar who are compelled to work and requested the Government to provide information on the manner in which the Convention is applied in practice.

The Committee notes the Government’s indication that it is more determined than ever to combat child labour and that it is committed to developing all the appropriate infrastructure for the implementation at both the central and regional levels of the National Plan of Action against Child Labour. The Government adds that the Ministry of Labour, together with ILO/IPEC, the local authorities and private and public institutions working on behalf of children, has organized many information and awareness-raising workshops on the issue of child labour. Furthermore, according to the Government, while it is not easy to combat child labour, the information and awareness-raising activities carried out in the country have had an impact on the population and the authorities, even though the results have not yet been seen on a broad scale. The Committee notes that the new Labour Code tends to provide greater protection for certain categories of workers, including children. This trend is reflected by the penalties envisaged in section 261, which are more severe for offences under the provisions relating to child labour. However, it notes that the documents relating to the percentage of child workers in Madagascar, particularly by age group and wage level, which should have been attached to the Government’s report, have not been received by the Office. It observes that the study referred to above was carried out in 1997 and that it would be important for the Government to supply these documents to enable the Committee to have an up to date view of the nature and extent of child labour in the country. Noting the efforts made by the Government to address child labour, and its commitment to combating the problem, the Committee once again strongly encourages the Government to renew its efforts to improve the situation progressively. It requests the Government to provide information on the manner in which the Convention is applied in practice including, for example, statistical data on the employment of children and young persons by age group, extracts of the reports of inspection services and information on the number and nature of the contraventions reported.