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

Worst Forms of Child Labour Convention, 1999 (No. 182) - Madagascar (Ratification: 2001)

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 7(2) of the Convention. Effective and time-bound measures. Clause (d). Children at special risk. Street children. In its previous comments, the Committee had noted the Government’s information that the Ministry of Labour and Social Legislation was continuing its programme of school attendance and training for street children in the context of the Public Investment for Social Action Programme (PIP). It had noted that the action of the PIP had been extended to the regional level, under the direction of the labour and social legislation services in each region, and that the “Manjary Soa” Centre, financed by the PIP, supported child victims of labour, in particular its worst forms, and offered them remedial teaching or vocational training.

The Committee notes the CGSTM’s allegation that the number of street children has increased over the past two years. The CGSTM also indicates that the action taken by the Government to help them is still minimal.

The Committee notes that, according to the Government, the Ministry of Labour and Social Legislation is continuing to run programmes to reintegrate street children and those involved in the worst forms of child labour into school and occupations. The Government states that the programmes financed in the context of the PIP aim at withdrawing 40 children per year from the worst forms of child labour, i.e. 120 children over a three-year period. According to the Government, 105 children were supported by the programme during the 2009–11 period, of which 60 were reintegrated into the school system and 45 took up vocational training. While noting the measures taken by the Government, the Committee must express its concern that the number of street children has allegedly increased recently, and therefore requests the Government to redouble its efforts to ensure that children living in the streets are protected from the worst forms of child labour, and rehabilitated and socially integrated. It requests the Government to continue providing information on the results obtained.

Parts IV and V of the report form. Application of the Convention in practice. The Committee had noted that, according to the National Survey on Child Labour (ENTE) of 2007, conducted by the National Statistical Institute in collaboration with the ILO–IPEC–SIMPOC, more than one in four Malagasy children aged between 5 and 17 years (28 per cent) is economically active, which amounts to 1,870,000 children in absolute terms. The rate of children aged 15–17 years who are involved in economic activity is 55 per cent, which can partly be explained by the fact that school is no longer compulsory for this age group. Furthermore, the majority of economically active children (82 per cent) are engaged in harmful work. In total, almost 1,534,000 children are involved in this type of work. Among children aged 15 years or more, approximately one in two economically active children (49 per cent) – 328,000 children – is engaged in harmful work, i.e. the worst forms of child labour. The ENTE also indicates that 23 per cent of economically active children in Madagascar aged 5 to 17 years – 438,000 children – are engaged in a dangerous activity. The sectors of agriculture, animal husbandry and fishing monopolize most of where harmful child labour is found, both in the rural sector and the urban sector (88 and 72 per cent, respectively). As opposed to the rural sector, child labour in the urban sector is characterized by the prevalence of domestic work (11 per cent) and of commerce and catering (10 per cent). Girls often work as domestic workers (17 per cent of girls aged 15 to 17 years, as opposed to 9 per cent of boys from the same age group), or perform activities in the sector of commerce and catering (respectively, 5 and 7 per cent of girls aged 10 to 14 years and 15 to 17 years).

The Committee notes the CGSTM’s allegations that the political and economic crisis in Madagascar has resulted in even more under age children entering labour and employment. As regards the worst forms of child labour, the most affected sectors are mines, agriculture and manufacturing. The CGSTM states that children working in the mines (Llakaka) and in stone quarries do so under precarious and sometimes dangerous conditions. Furthermore, the worst forms of child labour exist in the informal sector and rural areas, which the labour administration services do not manage to cover.

The Committee notes that, according to the Government, the second phase of the National Action Plan to Combat Child Labour in Madagascar (PNA) is geared, inter alia, towards improving legal frameworks, stepping up awareness-raising campaigns, harnessing funds for extending actions against child labour and its worst forms and updating databases on child labour as and when there is a need as the campaign advances. While noting the measures taken by the Government to combat the worst forms of child labour within the framework of the PNA, the Committee must express its concern at the situation and number of children under 18 years of age forced to undertake dangerous work, and urges the Government to redouble its efforts to eliminate these worst forms of child labour. It asks the Government to continue providing information on any progress made in this respect and on results achieved. Furthermore, the Committee asks the Government to continue providing information on the worst forms of child labour, and particularly studies and inquiries on this subject; information on the nature, extent and trends of these forms of child labour; the number of children covered by the measures giving effect to the Convention; the number and nature of violations reported; and the investigations, proceedings, sentences and penal sanctions. To the extent possible, all this information should be disaggregated by age and sex.

The Committee is raising other points in a request it is addressing directly to the Government.