Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

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

The Committee takes note of the communication from the General Confederation of Workers’ Unions of Madagascar (CGSTM) of 26 August 2011, as well as of the Government’s report.

Article 1 of the Convention and Part V of the report form. National policy and application of the Convention in practice. In its previous comments, the Committee had noted 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 15 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 years age group, and to 55 per cent in the case of children between 15 and 17 years. 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 years age group, 22 per cent engage regularly in an economic activity and 70 per cent attend school. The Committee had 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 notes the allegations by the CGSTM that many underage children from rural areas are sent by their parents to large towns to work in the domestic sector. These children have to perform housekeeping activities that might be exhausting and sometimes have no clearly defined leave periods or working hours. Furthermore, these children have not necessarily completed their compulsory schooling.

The Committee notes that, according to the Government, the first phase of the PNA lasted two years and ended in 2009. The Government indicates that 2,098 children (of which 1,000 girls) received a formal education and 345 children (of which 182 girls) received a non-formal education. The current PNA is in its extension phase, i.e. it is extending actions instigated during the first phase in terms of staffing, beneficiaries and coverage. A policy plan for the second phase of the PNA has been drafted, which includes the following objectives: improving legal frameworks and making them effective; strengthening the efficiency of institutions, the capacity of stakeholders and the supervisory system; improving education and vocational training; and stepping up mobilization and awareness-raising campaigns. The Government also points out that before the end of 2011, certain activities will be undertaken to support the implementation and extension of the PNA strategies, especially the strengthening of regional structures, by setting up the Regional Committee for Combating Child Labour (CRLTE) in the Sava region in the north of the country; by adopting new legal texts on child labour; and by updating data banks on child labour. While taking note of the measures taken by the Government to combat child labour, the Committee feels bound to express its concern at the considerable number of children under the minimum age obliged to work, as well as at the conditions under which these children are exploited. The Committee strongly encourages the Government to step up its efforts to combat child labour and asks it to continue communicating information on the implementation of the PNA, as well as on the results obtained in terms of the gradual abolition of child labour.

Article 2(3). Age of completion of compulsory schooling. In its previous comments, the Committee had noted that, according to a document published by the UNESCO International Bureau of Education, the age of completion of compulsory schooling was lower than the minimum age for admission to employment or work. Indeed, the Committee had pointed out that, according to this document, the official age for access to primary education was 6 years and the levels of compulsory schooling 5 years, thus making the age of completion of compulsory schooling 11 years. The Committee had noted the Government’s indication that it was fully aware of the importance of compulsory schooling as a means of combating child labour. The Government had stated that several meetings had been held on this subject in order to give the matter of national education the place it deserved, but work remained to be done, in particular because of the political crisis currently affecting the country.

The Committee notes the CGSTM’s allegation that the Government has not made any changes to solve the problem of the difference between the age of the end of compulsory schooling (11 years) and the minimum age of admission to employment (15 years).

The Committee notes that, according to the Government, the gap between the age of completion of compulsory schooling and the minimum age of admission to employment or work was conceived in a spirit of family solidarity and that this system of education is better suited to the Malagasy family. However, the Committee expresses once again its opinion that compulsory schooling constitutes one of the most effective means of combating child labour and emphasizes the necessity 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 inactivity may occur or the young person may enter employment or work at too early an age. The Committee expresses the firm hope that the Government will take measures to 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 the Minimum Age Recommendation, 1973 (No. 146). It requests the Government to provide information on progress made in this regard.

Article 6. Vocational training and apprenticeship. In its previous comments, the Committee had noted the Government’s indication that a decree determining the conditions of work with respect to vocational training and apprenticeships would be examined by the National Labour Council (CNT), which is a tripartite body. It had 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 had 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 were a priority objective. The Committee had noted the Government’s statement that the abovementioned draft texts were before the CNT.

The Committee notes that, according to the Government, the draft texts on vocational training and apprenticeships were examined by the CNT but that, as a result of the political crisis and the closure of many enterprises, the CNT is not yet in a position to take any final decisions, and a number of its members want to re examine the issue once the crisis is over. The Committee strongly encourages the Government to redouble its efforts and take the necessary measures 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 these texts once they have been adopted.