Solicitud directa (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

Convenio sobre las peores formas de trabajo infantil, 1999 (núm. 182) - Madagascar (Ratificación : 2001)

The Committee notes the Government’s report. It requests the Government to provide information on the following points.

Article 3 of the Convention. The worst forms of child labour. Clause (a). All form of slavery or practices similar to slavery. 1. Sale and trafficking of children. In its previous comments, the Committee noted that sections 354–357 of the Penal Code addressed the issue of the abduction of minors. It noted that sections 354 and 356 prohibit any person, employing fraud or violence, or without fraud or violence, from abducting a minor or from causing a minor to be abducted, taken away or removed from a location where the minor had been placed or entrusted. The Committee notes the Government’s indication that these sections are of a general nature and do not specifically address the sale and trafficking of children. However, the Committee notes with interest that section 15 of Decree No. 2007-563 of 3 July 2007 respecting child labour (Decree No. 2007-563), which will enter into force following its publication in the Official Journal, prohibits all forms of forced or compulsory labour, including the sale and trafficking of young persons under 18 years of age. The Decree defines the term “trafficking of children” as consisting of the procuring, transport, transfer, lodging or receiving of a child for the purposes of exploitation. The Committee hopes that Decree No. 2007-563 will be published and will enter into force in the very near future.

2. Forced recruitment of children for use in armed conflict. Further to its previous comments, the Committee notes that Decree No. 2007-563, in section 15, prohibits all forms of forced or compulsory labour, including forced or compulsory recruitment with a view to the use of young persons under 18 years of age in armed conflict. Furthermore, also under the terms of section 15, “children should in no event be subject to compulsory recruitment into the armed forces”.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that, although the Penal Code contains provisions criminalizing intermediaries involved in prostitution, the national legislation does not criminalize the client. The Committee also noted that the legislation does not appear to contain provisions prohibiting pornographic performances involving minors. The Committee notes with interest that section 13 of Decree No. 2007‑563 categorically prohibits the procuring, use, offering and employment of children of either sex for prostitution, for the production of pornography or for pornographic performances, or for commercial sexual exploitation. For the purposes of his section, the term “procuring, use, exploitation, offering and employment of children” means any act involving the engagement of a child in any sexual activity and the transfer of the child to another person or another group of persons in exchange for remuneration or the promise of a benefit of whatever nature. Furthermore, the terms “child prostitution” and “commercial sexual exploitation” mean any use of a child for sexual activities in exchange for remuneration or any other form of benefit. Finally, the term “pornography involving children” means any representation, through whatever media, of a child engaging in explicit sexual activities, real or simulated, or any representation of the sexual organs of a child for principally sexual purposes.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that, in addition to the provisions contained in Act No. 97-039 on the control of narcotic drugs, psychotropic substances and precursors in Madagascar, section 14 of Decree No. 2007-563 prohibits the procuring, use, offering and employment of children of either sex in the production or trafficking of drugs.

Article 3(d). Hazardous work. 1. General prohibition. Further to its previous comments, the Committee notes that section 25 of Decree No. 2007-563 repeals Decree No. 62-152 of 28 March 1962 establishing the working conditions of children, women and pregnant women. It notes that section 2 of Decree No. 2007-563 prohibits the engagement of young persons of 18 years of age and under in work which involves the risk of danger and in types of work which are likely to harm their health or their physical, mental, spiritual, moral or social development.

2. Self-employed workers. With reference to its previous comments, the Committee notes the Government’s indication that Decree No. 2007-563 applies to children bound by a contractual relationship as well as those working on their own account, and protects all of them from types of work which, by their nature or the circumstances in which they are carried out, are likely to harm their health, safety or morals.

Article 4, paragraphs 1 and 3. Determination and revision of the list of hazardous types of work. In its previous comments, the Committee noted that Decree No. 62-152, which establishes a list of types of work prohibited for young persons under 18 years of age, was adopted in 1962. The Committee reminded the Government that, under the terms of Article 4, paragraph 3, of the Convention, the list of hazardous types of work determined has to be periodically examined and, if necessary, revised in consultation with the concerned employers’ and workers’ organizations. In this respect, the Committee notes with interest that sections 10–22 of Decree No. 2007-563 revise the list of hazardous types of work, establishing a substantial list in three sections, namely: (1) work of an immoral nature, including the employment of children for prostitution, pornography or the trafficking of drugs; (2) forced labour, including the employment of children as domestics or household staff; and (3) hazardous or unhealthy types of work, including the employment of children on worksites on which vehicles are used or in places in which toxic or inflammable substances are handled. The Committee notes the Government’s indications that the list of hazardous types of work contained in Decree No. 2007-563 was formulated following tripartite consultations, which were held during the process of preparation of the National Action Plan to Combat Child Labour (PNA), and that it was examined by the National Council to Combat Child Labour (CNLTE) and the National Labour Council (CNT), a tripartite body composed of representatives of the State, employers and workers. The Committee further notes the Government’s indications on the establishment, by Order No. 13-520 of 17 August 2007, of regional monitoring bodies, which will be responsible for identifying new types of hazardous work in their respective areas. The Committee requests the Government to provide a copy of Order No. 13-520 with its next report.

Article 5. Monitoring mechanisms. 1. Labour inspection. The Committee notes the Government’s indication that labour inspectors have been provided with awareness raising and training courses on the worst forms of child labour. It notes that, according to the Technical Progress Report of March 2007 for the project “Combating the worst forms of child labour in Madagascar (WFCL) – IPEC’s contribution to the National Action Plan to Eliminate Child Labour”,
the ILO/IPEC project is involved in various measures to increase knowledge and basic capacities for planning, design, implementation, monitoring and evaluation of interventions for children engaged in the worst forms of child labour. The
ILO/IPEC project has participated, among other activities, in the development of the action plan entitled “Common Action Plan for the Protection of Hard-working Children”, initiated by UNICEF in October 2006, and the ILO/IPEC regional workshop for Africa held in Addis Ababa from 27 November to 1 December 2006, The Committee further notes that, according to the same report, 134 institutions, which are at various levels of negotiation and participation, participated in the training envisaged by ILO/IPEC to increase knowledge and basic capacities to facilitate the planning, design, implementation, monitoring and evaluation of interventions in relation to children engaged in work.

2. Division for the Prevention, Abolition and Monitoring of Child Labour (PACTE). Further to its previous comments, the Committee notes the Government’s indication that the PACTE is in a certain manner the technical secretariat of the CNLTE and that, in this capacity, its mandate is to coordinate, communicate, train, engage in research and development, administer, finance, follow-up and evaluate all activities in the context of the elimination of child labour. Furthermore, the Committee notes that the Regional Child Labour Observatories (ORTEs) are the regional bodies of the PACTE and have general responsibility for coordinating, monitoring and evaluating all activities relating to the elimination of child labour at the regional level, identifying activities to promote its elimination and compiling and analysing the data that have been accumulated with a view to reporting to the PACTE. Finally, the Committee notes the Government’s indication that the programme of action to reinforce the capacity of the PACTE to intervene will provide an opportunity for labour inspectors to improve their knowledge of inspection of the rights of children and the worst forms of child labour. Accordingly, all labour inspectors in Madagascar, the PACTE team, which is entirely composed of labour inspectors, and the employees of the ORTEs, under the direction of labour inspectors and supervisors, will benefit from this programme. The Committee requests the Government to provide additional information on the operation of the ORTEs, and on any progress achieved in their establishment and the commencement of their activities. It also requests the Government to provide information on the activities undertaken by the PACTE and the ORTEs, and the results reported as a result of the interventions and inspections carried out by labour inspectors assigned to these bodies, particularly with regard to the worst forms of child labour.

Article 7, paragraph 1. Sanctions. The Committee notes that the worst forms of child labour will henceforth be penalized under the provisions of Decree No. 2007-563. Under the terms of section 23 of the Decree, any violation of its provisions shall be punished in accordance with section 261 of Act No. 2003-044 of 28 July 2004 issuing the Labour Code, namely, either a fine of between 5,000 and 15,000 Malgasy francs and imprisonment of from one to three years, or one of these penalties. However, in relation to violations of sections 11–13 of Decree No. 2007-563, namely the provisions relating to the employment of children in work of an immoral nature and the procuring, use, offering and employment of children for prostitution or pornography and commercial sexual exploitation, they shall be punished in accordance with sections 332 to 347 of the Penal Code. The Committee trusts that Decree No. 2007-563 will enter into force in the very near future and requests the Government to provide information on the application of these sanctions in practice once the Decree has come into force.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of chid labour. In its previous comments the Committee noted that, in the context of the ILO/IPEC Time-bound Programme (TBP) on the worst forms of child labour, it was envisaged that around 9,000 girls and boys would be prevented from becoming engaged in the worst forms of child labour. The Committee also noted that, according to the document entitled “Combating the worst forms of chid labour in Madagascar – IPEC assistance to the National Action Plan to Eliminate Child Labour” four major priority groups for intervention within the TBP had been identified, namely the commercial sexual exploitation of children, child domestic labour, child labour in mining and quarrying and child labour in hazardous and unhealthy environments in the rural and urban sectors. The Committee notes that the programme of action of 2006 to reinforce preventive action against early work by children, the removal of children from the worst forms of child labour and the improvement of the working conditions of children is an example of these preventive programmes and is targeted at 205 children and workers between the ages of 8 and 18 years in the region of Analamanga. The Committee also notes that, according to the extract from the ILO/IPEC report on the prevention and removal or children from the worst forms of child labour provided by the Government with its report, 3391 children have up to now been prevented from becoming engaged in the worst forms of child labour. The Committee requests the Government to provide more detailed information on the number of children who in practice are prevented from being engaged in the worst forms of child labour as a result of the implementation of the TBP. More specifically, it requests the Government to disaggregate this information according to the four priority groups for intervention identified in the National Action Plan against child labour referred to above.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. The Committee notes that, according to the Technical Progress Report of July–December 2006 of the project to contribute to the elimination of child labour in Madagascar, the process of the launching and implementation of the four programmes of action in the context of the Vocational Training and Apprenticeship Strategy (SFPA) was carried out in 2006. The programmes of action concerned are as follows: (1) vocational training and apprenticeship for children engaged in work in Andohatapenaka, Ankasina, Ampasika and Ampefiloha Ambodirano (70 children targeted); (2) reinforcement of preventive action against early work by children, removal of children from the worst forms of child labour and improvement of the conditions of working children (205 children targeted); (3) accompanying young persons in the street towards social and vocational integration (150 children targeted); and (4) reinforcing human and vocational capacities in the context of eliminating child labour in the Antohomadinka district of Antananarivo city. The Committee notes that, according to the extract of the ILO/IPEC report on the prevention and removal of children from the worst forms of child labour provided by the Government with its report, 696 children have up to now been removed from the worst forms of child labour. Furthermore, according to the same extract, 36 additional programmes of action have been examined and 20 of them have been approved. The Committee encourages the Government to continue its efforts and requests it to provide information on the number of children who have benefited from rehabilitation and social integration after being removed from the worst forms of child labour. It also requests the Government to continue providing information on the number of children who are in practice removed from the worst forms of child labour as a result of the implementation of the programmes of action.

Clause (c). Access to free basic education. The Committee noted previously that educational measures are envisaged for 10,000 of the 14,000 children targeted by the TBP. It notes that, according to the Progress Report of March 2007 of the project entitled “Combating the worst of child labour in Madagascar (WFCL) – IPEC’s contribution to the National Action Plan to Eliminate Child Labour”, during the period between September 2005 and February 2006, 500 children were removed from the worst forms of child labour in the informal sector in the Tana region and received grants to attend primary school. According to the same report, 18 children were removed during the period between September 2006 and February 2007 from the worst forms of child labour and received vocational training. The Committee requests the Government to continue providing information on the number of children who, when they have been removed from work, have in practice been reintegrated into basic education or are following pre-vocational or vocational training.

Clause (d). Children at special risk. 1. HIV/AIDS. With reference to its previous comments, the Committee notes that, according to the most recent UNAIDS data, around 13,000 children aged between 0 and 17 years are AIDS orphans. The Committee notes that section 38 of Act No. 2005-040 of 20 February 2006 to combat HIV/AIDS (Act No. 2005-040) provides that “The children of persons deceased as a result of AIDS-related diseases shall be taken into care by their family or by the community of origin including host families or, if this is not possible, by public or private institutions for the shortest possible period”. Furthermore, section 44 of Decree No. 2006-902 of 19 December issued under Act No. 2005-040 establishes the principle that children in general are a vulnerable category who require the promotion of a conducive environment. Section 45 of the Decree specifies that, with a view to the promotion of a conducive environment for underprivileged groups, it is necessary to establish national policies to reduce the vulnerability of underprivileged groups, promote the participation of young persons, improve the quality and coverage of school programmes which include issues related to HIV/AIDS, and provide care and support for orphans and persons living with HIV. In this respect, the Committee notes that the Madagascar Action Plan (MAP) for 2007–12 contains a specific Commitment entitled “Health, family planning and the fight against HIV/AIDS” with the specific objective that HIV/AIDS will not advance any further. Finally, the Committee notes that a World Bank project entitled “Second multi-sectoral STI/HIV/AIDS prevention project” is currently being implemented in Madagascar and is designed to provide support to the Government for the promotion of a multi-sectoral approach to respond to the rise in the incidence of HIV/AIDS in the country. The Committee requests the Government to provide information on the effect given in practice to the legislation on the protection of HIV/AIDS orphans. It also requests the Government to provide information on the impact of these measures, plans and projects for the prevention of HIV/AIDS orphans from being engaged in the worst forms of child labour. Finally, the Committee requests the Government to provide a copy of Decree No. 2006-902 of 19 December issued under Act No. 2005-040 with its next report.

2. Street children. With reference to its previous comments, the Committee notes the Government’s information that the Ministry of Labour and Social Legislation is continuing its programme of school attendance and training for street children in the context of the Public Investment Programme for Social Action (PIP). It notes that the action of the PIP has been extended to the regional level, under the direction of the labour and social legislation services in each region. Moreover, the Ministry is currently seeking other partners with a view to offering the same services to underprivileged children in other regions which have not yet been covered. The Committee further notes that a programme of action was commenced in 2006 for 16 months by the NGO ENDA Indian Ocean, in collaboration with ILO/IPEC, to accompany children in the streets towards social and vocational integration. This programme targeted 150 young persons between the ages of 12 and 18 years, including 110 boys and 40 girls in the streets in the central districts of Antananarivo, who were to be accompanied by ENDA Indian Ocean for the development of their career plans by providing them with the necessary basis for their development. The Committee requests the Government to continue providing information on the measures adopted or envisaged in relation to the protection of children living in the streets from the worst forms of child labour. It also requests the Government to provide information on the number of children who have up to now been removed from the streets and reintegrated into society.

Clause (e). Special situation of girls. With reference to its previous comments, the Committee notes the Government’s indication that the programmes of action validated by the CNLTE accord special attention to girls engaged in the worst forms of child labour. For example, the Committee notes a programme to strengthen human and professional capacities in the context of combating child labour in the Anohomadinika district of Antananarivo city, undertaken by the private school Notre-Dame du Rosaire in collaboration with ILO/IPEC in 2006, is targeted exclusively at 125 girls, composed of 75 girls in domestic service and young mothers between the ages of 13 and 18 years and 50 girls who are the victims of or who are exposed to the worst forms of child labour, and particularly commercial sexual exploitation, between the ages of 13 and 18 years.

Article 8. International cooperation. In its previous comments, the Committee noted that the Government was implementing a Poverty Reduction Strategy Paper (PRSP) in collaboration with the World Bank. In this respect, the Committee notes the adoption of the Madagascar Action Plan (MAP) 2007–12, which replaces the PRSP and is aimed at the effective reduction of poverty and a tangible improvement in the living standards of the population of Madagascar. According to the Government, the aim of the MAP is to achieve a leap forward in the development process of the country through an innovative five-year plan which will mobilize the people and international partners, launch rapid growth, achieve a reduction of poverty and ensure the development of the country in the context of globalization. The Committee notes that, according to the Technical Progress Report of March 2007 for the ILO/IPEC project “Combating the worst of child labour in Madagascar (WFCL) – IPEC contribution to the National Action Plan to Eliminate Child Labour”, ILO/IPEC, in collaboration with the members of the CNLTE and the PACTE, are currently working on the process of the integration of child labour issues into the objectives of the MAP. The Committee requests the Government to provide information on any substantial impact of the MAP on the elimination of the worst forms of child labour, particularly with regard to the four priority groups for intervention, namely the commercial sexual exploitation of children and related activities, child domestic work, child labour in mines and stone quarries, and child labour in unhealthy and hazardous environments in the rural and urban sectors.

Parts IV and V of the report form. Application of the Convention in practice. The Committee notes that a national survey of child labour, undertaken by the National Statistical Institute in collaboration with ILO/IPEC, is currently being carried out. According to the information supplied by the Government, the survey is being conducted in 150 locations in the 22 regions of the country and covers all sectors. The results, a first part of which will be available at the beginning of 2008, will serve as a national database on child labour in Madagascar. The Committee therefore requests the Government to provide a copy of the results gathered by the national survey as soon as they are available.