Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

Minimum Age Convention, 1973 (No. 138) - Madagascar (Ratification: 2000)

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

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 (PNA), and of the six action plans covering the rural sector, mining and quarrying, manufacturing, domestic service, catering and trade, and miscellaneous activities. The Committee also noted that, in the context of the Ministry of Labour project for improving 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 for 2005 were increased. The Committee duly notes the Government’s statement that the PNA has enabled structures to be established facilitating the coordination of the fight against child labour, namely the National Council for Combating Child Labour (CNLTE) and the Child Labour Prevention, Abolition and Monitoring Unit (PACTE). The Committee also notes the Government’s indications that a positive impact has been recorded in the wake of the activities undertaken in Madagascar to date, including: (a) gradual adoption at national and regional level of the fight against child labour; (b) involvement of local decision-makers and the social partners; (c) public information campaigns; (d) emergence of regional anti-child-labour committees; and (e) integration of anti-child-labour activities in development plans at all levels, including the national Madagascar Action Plan (MAP). Moreover, the Committee notes that 14,000 children have been the beneficiaries of the action programmes and many have received educational support. It notes especially the establishment of the ILO/IPEC programme of action for the stepping up of preventive action against child labour, the removal of children from the worst forms of child labour and the improvement of the conditions of work of working children in 2006, the strategy of which includes preventing children of school age from entering the labour market and removing the youngest children from work.

The Committee requests the Government to continue providing information on national policies designed to ensure the effective abolition of child labour and on the results achieved.

2. Institutional support programme for the abolition of child labour. In its previous comments, the Committee asked the Government to continue providing information on the implementation of the Institutional Support Programme for the Abolition of Child Labour in Madagascar, as well as on the measures adopted or envisaged in this Programme to abolish child labour. The Committee notes the Government’s information that the Programme has enabled awareness to be raised among decision-makers, texts to be updated and the Ministry’s PACTE division to be equipped. It notes the Government’s statement in its report that the compilation of texts relating to child labour has been completed. The Government also indicates that a new institutional programme is awaiting approval from the ILO. This future programme envisages stepping up awareness campaigns and boosting the capacities of high-ranking officials involved, labour inspectors, officers of the Regional Child Labour Observatory, local authorities and representatives of different services. The Committee requests the Government to send copies of the texts concerning child labour, compiled by the original institutional support programme. It also requests the Government to continue supplying information on the measures adopted by the programme and the results achieved.

Article 2, paragraph 1. Scope of application. The Committee noted previously that the Labour Code only applies to employment relationships, thereby excluding children who work on their own account. It also noted the Government’s statement that the national action plan against child labour was established to protect children who are not bound by an employment relationship. The Government indicates in its report that the national action plan attaches particular importance to prevention, to the removal of children from child labour and the worst forms thereof and to improving the living conditions of these children. The action plan makes no distinction between children bound by an employment relationship and those working on a self-employed basis. The Committee requests the Government to provide information on the specific measures adopted under the national action plan to prevent children under 15 years of age from working on their own account and removing from work those already doing so.

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. However, the Committee 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. The Committee pointed out that, according to this document, the official age for access to primary education is 6 years and the length of compulsory schooling is five years, thereby making the age of completion of compulsory schooling 11 years. 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 (11 years). It also notes the Government's indication that the Ministry of National Education is currently undertaking various legislative and regulatory reforms which will include provisions on specification of the age of completion of compulsory schooling. The Committee is of the opinion that compulsory schooling constitutes one of the most effective means of combating child labour and that it is important to emphasize how necessary it is to link the age of admission to employment or work and the age of completion of compulsory schooling. In cases where these two ages do not coincide, various problems can arise. If schooling ends before young persons are legally authorized to work, a period of enforced idleness may occur (see 1981 General Survey on the minimum age, ILC, 67th session, Report 4(B), paragraph 140). The Committee therefore considers it desirable to ensure that schooling is compulsory up to the minimum age for admission to employment, in accordance with Paragraph 4 of ILO Recommendation No. 146. The Committee hopes that the abovementioned legislative and regulatory reforms will be completed as soon as possible. It requests the Government to send copies of the legislative texts drawn up in the context of these reforms once they have been adopted.

Article 3. Hazardous work. The Committee notes with interest the adoption of Decree No. 2007-563 of 3 July 2007 which now governs child labour and which will come into force further to its publication in the Official Journal. The Committee observes that 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 which are in operation, the employment of children in the gathering of toxic plants and the recruitment of children for work in mines and quarries. The Committee hopes that Decree No. 2007-563 will come into force as soon as possible. 

Article 6. Vocational training and apprenticeships. In its previous comments, the Committee noted the Government’s indication that a decree determining the conditions of work for vocational training and apprenticeships will be examined by the tripartite National Labour Council (CNT). It also noted the Government’s indication that the Ministry of Employment and Vocational Training was preparing various regulations on vocational training which were due to be examined in 2006. In addition, the Committee noted that the Ministry of Employment and Vocational Training was planning to submit a bill to Parliament on the national employment policy, in which further vocational training and apprenticeships are a priority objective. The Committee notes the Government’s statement that the abovementioned projects are indeed under way and that the abovementioned texts are currently before the CNT and due to be enacted by the end of the year. The Committee requests the Government to provide copies of the legislative texts on apprenticeships and vocational training once they are adopted.

Article 7. Light work. Further to its previous comments, the Committee notes with interest that 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. 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. The Committee duly notes this information.

Part V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee notes the Government’s statement that, apart from the various activities already undertaken concerning child labour, a new Memorandum of Understanding (MOU) was signed by the ILO and the Government of Madagascar in July 2007. The MOU covers the pursuit of activities for the prevention and elimination of child labour in Madagascar via the PACTE division, which acts in an executive secretarial capacity for the CNLTE. The Committee also notes the Government’s information to the effect that a national survey of child labour, conducted by the National Institute of Statistics in collaboration with ILO/IPEC, is currently in progress and that a first batch of results will be available in early 2008. The Government states, however, that the number of working children is on the increase since the ratio has risen from 1:7 to 1:3. Specifically, according to the 2006 report of the ILO/IPEC programme of action for reinforcing human and vocational capacities in the context of combating child labour in the Antohomadinika district of Antananarivo, more than 1,377,800 children work, 63 per cent of whom are under 15 years of age. While noting once again the Government’s efforts to combat child labour, the Committee is concerned at the real situation of young children in Madagascar being forced to work. The Committee therefore urges the Government to renew its efforts to achieve a gradual improvement in the situation. It also requests it to send a copy of the results achieved by the national survey of child labour once they are available.