Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

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

Article 1 of the Convention. National policy. National action plan to combat child labour. In its previous comments, the Committee noted the adoption of the National Plan of Action against Child Labour in Madagascar (PNA), and the six action plans covering the rural sector, mining and quarrying, manufacturing, domestic service, catering and trade, and miscellaneous activities. The Committee also noted the Government’s information concerning the positive outcomes of the activities carried out so far in Madagascar, including: (a) gradual assumption at national and regional level of the fight against child labour; (b) involvement of local decision-makers and the social partners (c) public awareness campaigns; (d) emergence of regional anti-child labour committees; (e) integration of anti‑child labour activities in development plans at all levels, including the national “Madagascar Action Plan” (MAP).

The Committee notes, that according to the Government, the PNA is still under way and now at the end of phase one. It notes with interest that, according to the technical progress report of 13 March 2008 on the ILO–IPEC project “Combating the worst forms of child labour in Madagascar – IPEC support to the National Action Plan Against Child Labour”, 14,539 children at risk who attend primary school have been covered by the project and thus prevented from engaging prematurely in work. The Committee requests the Government to continue to provide information on the implementation of the PNA in Madagascar, and on the results obtained in terms of the number of children under 15 years of age who are protected against premature work or employment

Article 2, paragraph 1. Scope of application. The Committee noted previously that the Labour Code applies only to employment relationships, thereby excluding children who work on their own account. It also noted the indication from the Government that the PNA was drawn up to protect children who are not bound by an employment relationship. The Government indicated that the PNA makes no distinction between children bound by an employment relationship and children who work on their own account. The Committee accordingly asked the Government to provide information on the specific measures taken in the context of the PNA to prevent children under 15 years of age from working on their own account and to remove from work those already doing so. The Committee notes, that according to the Government, the PNA targets all child workers and consequently provides for the same measures for all child workers, including their withdrawal from work and their guidance towards alternatives. The Government also states that Decree No. 2007-563 of 3 July 2007 on child labour, which sets the minimum age for admission to employment or work at 15 years, applies equally to children bound by a contractual relationship and children working on their own account.

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 noted however 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 levels of compulsory schooling five years, thus making the age of completion of compulsory schooling 11 years. It further noted that, according to the Government, 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. It reminded the Government that the condition set in Article 2(3) of the Convention was met to the extent that the minimum age for work, namely 15 years in Madagascar, was not lower than the age of completion of compulsory schooling (11 years). The Committee nonetheless expressed the view that compulsory schooling is 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 with the age of completion of compulsory schooling. Where these two ages do not coincide, a number of problems may arise. If schooling ends before young persons are legally authorized to work, there may be a period of enforced idleness (see the General Survey of 1981 on minimum age, ILC, 67th Session, Report III, part 4(B), paragraph 140).

The Committee notes the information sent by the Government to the effect that it is fully aware of the importance of compulsory schooling as a means of combating child labour. The Government states that several meetings have been held on this subject in order to give the matter of national education the place it deserves, but work remains to be done, in particular because of the political crisis currently affecting the country. The Committee trusts that its comments will be taken into consideration and that, in the context of the legislative and regulatory reforms mentioned above, the Government will ensure that the age of completion of compulsory schooling coincides with the age of admission to employment or work in Madagascar, in accordance with Paragraph 4 of ILO Recommendation No. 146. It requests the Government to take the necessary steps to ensure that the legislative and regulatory reforms are completed as soon as possible, and to provide information on all progress made in this regard.

Article 3. Hazardous work. The Committee noted previously the adoption of Decree No. 2007-563 of 3 July 2007 on child labour, the legislation now governing child labour. It observed that section 2 of Decree No. 2007-563 prohibits the recruitment of children 18 years of age and under in jobs that are a source of danger and work that is liable to harm their health or their physical, mental, spiritual, moral or social development. It further observed that Chapter 2 of the Decree “Worst Forms of Child Labour” consists of three parts listing the forms of work which are prohibited to children under 18 years of age. The Committee nonetheless noted the Government’s statement that Decree
No. 2007-563 would take effect following its publication in the Official Journal.

The Committee notes with satisfaction that, according to the Government, Decree No. 2007-563 has been published in the Official Journal and applies throughout Madagascar.

Article 6. Vocational training and apprenticeship. In its previous comments the Committee noted the Government’s indication that a decree determining the conditions of work for vocational training and apprenticeships was to be examined by the National Labour Council (CNT), which is a tripartite body. It also noted that, according to the Government, the Ministry of Employment and Vocational Training was preparing various regulations on vocational training which were to be examined in 2006. The Committee further noted that the Ministry of Employment and Vocational Training was planning to submit to parliament a bill on the national employment policy, in which further vocational training and apprenticeships are a priority objective. The Committee noted the Government’s statement that the abovementioned draft texts were before the CNT and were due to be promulgated before the end of 2007. The Government states in its report, however, that these texts are still under examination by the CNT. The Committee therefore urges the Government to take the necessary steps to ensure that the bills on apprenticeship and vocational training are adopted at the earliest possible date. It again asks the Government to provide a copy of them once they have been adopted.

Part V of the report form. Application of the Convention in practice. Further to its previous comments the Committee notes that according to the National Survey on Child Labour (ENTE) of 2007, conducted by the National Bureau of Statistics in conjunction with ILO/IPEC/SIMPOC, in Madagascar more than one child out of four between 5 and 17 years of age (28 per cent) is economically active, that is 1,870,000 children. The participation rate in economic activity increases with age: while 12–15 per cent of children between 5 and 9 years of age are economically active, the rate rises to more than 30 per cent in the 10–14 age group, and to 55 per cent in the case of children between 15 and 17. The problem is more acute in rural areas, where 31 per cent of children engage in some form of economic activity as opposed to 19 per cent in urban areas. Most economically active children are found in agriculture and fishing and in most cases (two out of three) they work as home helpers. In the 5–14 age group, 22 per cent engage regularly in an economic activity and 70 per cent attend school. The ENTE also indicates that the great majority of Malagasy children (85 per cent) do household tasks, the most common of which are fetching water or wood, preparing meals and washing clothes. However, most children claim to devote less than two hours a day to such work. Furthermore, participation in household tasks is higher among schoolchildren than among non-schoolchildren, but the number of hours spent on household jobs is higher than among non‑schoolchildren. Furthermore, economically active children in general, and those compelled to carry out harmful activities, that is work to be abolished according to the regulations on child labour in Madagascar, are very much exposed to the risk of illness and injury. Indeed, some 37 per cent of children employed in harmful activities state that they have been sick or injured because of their work, the most vulnerable being those employed in mining, manufacturing and agriculture.

The Committee notes the information in the Government’s report to the effect that it is working together with the international community to combat child labour in a context that requires much patience and responsibility. The Government indicates that although the results may appear insignificant given the extent of the problem, it is sparing no efforts, particularly now that all the necessary regional bodies are starting to take shape. The Committee expresses its appreciation of all the measures the Government has taken to abolish child labour. However, the Committee expresses its concern at the situation and the number of children who are forced to work in Madagascar, it urges the Government to redouble its efforts to improve the situation. It requests the Government to continue to provide detailed information on progress made in this regard.