Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2022, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Articles 3(a) and 7(1) of the Convention. Worst forms of child labour. All forms of slavery or practices similar to slavery, and sanctions. Sale and trafficking. The Committee previously noted the extent of trafficking in persons, and particularly children, from Madagascar to neighbouring countries and the Middle East for the purposes of domestic servitude and sexual exploitation. It also noted that the Act against trafficking was not adequately enforced and had not resulted in any convictions. The Committee noted the adoption of Act No. 2014 040 of 20 January 2015 to combat trafficking in persons, of which sections 16 et seq. relate to offences against children under 18 years of age and establish penalties of forced labour for trafficking offences involving prostitution and penalties of from five to ten years of imprisonment and a fine of from 4 to 20 million Malagasy ariary (MGA) for trafficking for the exploitation of domestic work. The Act also establishes penalties of imprisonment of from five to ten years and a fine of from MGA2 to 10 million in the case of trafficking for forced labour and slavery-like practices. The Government also indicated that a National Bureau to Combat Trafficking in Persons has been established in accordance with section 48 of the Act and is responsible for the prevention and follow-up of action to combat trafficking, as well as for the harmonization and coordination of the competent services. The Committee also noted that a National Plan to Combat Trafficking in Persons, focusing on awareness-raising and training programmes to combat trafficking in persons, was validated in March 2015.

The Committee notes the Government’s indication in its report that the statistics on the cases dealt with by the Police for Morals and the Protection of Minors (PMPM) show that there was only one case of trafficking in persons in 2015. The Committee also notes that in 2016 the Government introduced the necessary infrastructure for the effective operation of the National Bureau to Combat Trafficking in Persons. It indicates that data on the activities of the Bureau are not yet available. Noting the absence of information in this regard, the Committee once again requests the Government to take the necessary measures to ensure the effective enforcement of Act No. 2014-040 and to provide information on the effect given in practice to this Act, including statistics on the number and nature of the offences reported, investigations, prosecutions, convictions and the penalties imposed in cases involving child victims. It further requests the Government to take the necessary measures to ensure that penalties against those guilty of trafficking children under 18 years of age are applied in practice.

Article 5. Monitoring mechanisms. Division for the Prevention, Abolition and Monitoring of Child Labour (PACTE). In its previous comments, the Committee noted the Government’s indication that the PACTE is the technical secretariat of the National Council to Combat Child Labour (CNLTE). The Committee also noted that Regional Child Labour Observatories (ORTEs) are the regional subdivisions of the PACTE and have general responsibility for the regional coordination, monitoring and evaluation of all action to combat child labour, identifying activities for this purpose and analysing the data gathered. The Committee noted that the ORTEs play a principal role in the implementation of the National Plan of Action to Combat Child Labour (PNA). However, the Government indicated that the ORTEs are experiencing staffing problems, with labour inspectors and controllers being unavailable or assigned to other duties, and therefore unable to devote themselves entirely to the ORTEs. The Government added that 74 labour inspectors have received training on action to combat child labour and that, in the context of the reinforcement of the monitoring of child domestic work, a training workshop for neighbourhood officials, known as fiantso, in the first-level territorial authorities (fokotany) was organized on conducting a census of child domestic workers in households with the objective of enabling the labour inspection services to carry out inspections under favourable conditions.

The Committee notes that the Conference Committee recommended the Government to collect and make available without delay information and statistics on investigations, prosecutions and penalties relating to the worst forms of child labour according to national enforcement mechanisms.

The Committee notes with concern the Government’s indication that the second phase of the work plan of the ORTEs has still not commenced due to the lack of budget, even though the project was launched in 2007. The Government indicates that no inspections have been carried out, and that the labour inspection services have not therefore been able to produce reports or documents indicating the extent and nature of offences relating to young persons involved in the worst forms of child labour. Noting that the ORTEs are essential in the implementation of the PNA, the Committee once again urges the Government to take the necessary measures to ensure that they are established and function effectively as soon as possible, and to provide information on the progress made in this respect. The Committee also requests the Government to reinforce the resources available to labour inspectors, particularly through the provision of the necessary means to enable them to combat child labour effectively. It requests the Government to provide information on this subject, including extracts from reports or documents indicating the extent and nature of the violations reported relating to children and young persons involved in the worst forms of child labour.

Articles 6 and 7(2). Programmes of action and effective and time-bound measures. Clauses (a) and (c). Preventing the engagement of children in the worst forms of child labour and access to free basic education for children removed from the worst forms of child labour. In its previous comments, the Committee noted that there are reported to be over 1 million children who do not attend school, which appears to be explained by the school fees now imposed in most public and private schools. The Government indicated that it established a programme for school attendance and reintegration 2014–18 with a view to taking action to reduce costs for parents, a national system of second chance courses (CRAN) for the reintegration of children under 16 years of age, and a programme of schooling support measures for young Malagasies (ASAMA), consisting of accelerated schooling for the insertion and reintegration of young persons between 12 and 15 years of age. The Committee however noted that the net school enrolment rate in primary school was 69.3 per cent, and that the rate was 30.4 per cent for secondary school.

The Government indicates that the Ministry of National Education (MEN) is currently engaged in two main types of action to increase the enrolment rate in secondary school. These include, firstly, the continuation of the ASAMA programme, which resulted in the establishment in 2015 and 2016 of ASAMA centres in the capital and in the regions of Antsinanana, Amoron’i Mania and Analanjirofo. These centres, which are intended for young persons between 11 and 17 years of age, are intended to assist children in their reintegration into the school system for an intensive ten-month course. The second type of action taken by the MEN has been the establishment of school canteens in four regional national education departments. The Government indicates that the provision of meals every day to students is a means of combating school drop-outs and reducing costs for families. While noting the efforts made by the Government, the Committee recalls that education contributes to preventing the engagement of children in the worst forms of child labour and requests the Government to continue its efforts to improve the operation of the education system in the country. In this regard, it requests the Government to continue providing information on the time-bound measures taken to increase the school enrolment rate and reduce the school drop-out rate, in both primary and secondary school.

Clause (d). Children at special risk. Child HIV/AIDS orphans. In its previous comments, the Committee noted that, according to the estimates of the Joint United Nations Programme on HIV/AIDS (UNAIDS), the number of HIV/AIDS orphans has risen to around 11,000 children, compared with 3,400 in 2008.

The Committee notes the Government’s indication that, due to the stigmatization that exists in Madagascar concerning HIV/AIDS, it is difficult to assess the number of HIV/AIDS orphans. It notes that 624 persons living with HIV/AIDS were provided with psychosocial support in 2014. The Government adds that the Ministry of Population, Social Protection and the Protection of Women carries out training for the various actors responsible at the regional level, such as associations, shelters for vulnerable children and villages. This training includes awareness-raising on HIV/AIDS, discrimination and stigmatization, and care for HIV/AIDS orphans. The Government also indicates that, with a view to removing the families of persons living with HIV/AIDS from vulnerability, equipment has been given to certain families, such as ice and pasta-making machines, pirogues and freezers, so that they can engage in income-generating activities. Recalling once again that HIV/AIDS has negative consequences for orphans, who are at greater risk of being engaged in the worst forms of child labour, the Committee requests the Government to pursue its efforts to prevent these children from being engaged in the worst forms of child labour. It once again requests the Government to provide information on the results achieved.

Article 8. International cooperation. The Committee previously noted that the National Development Plan (PND), the successor to the Madagascar Action Plan (MAP), is an instrument for reducing poverty, stimulating growth and ensuring the development of the country. It consists of the same four priority categories for action as the MAP, namely the commercial sexual exploitation of children and related activities, child domestic labour, child labour in mines and stone quarries, and child labour in hazardous and unhealthy conditions in the rural and urban sectors. The Committee also noted that the Government, with the support of UNICEF and the World Bank, approved its first National Social Protection Policy, as part of the PND, in September 2015, with the objectives of protecting children, families and the most vulnerable communities, ensuring access to essential services and helping them to assert their rights.

The Committee notes the Government’s indication that various measures have been adopted within the context of the PND in an effort to reduce poverty. However, the information provided by the Government is too general and does not include details on the content of these measures, or the results achieved. Nevertheless, the Government indicates that, in the context of the implementation of the National Social Protection Policy, funding has been provided to the Government by the World Bank with a view to the elimination of the worst forms of child labour. As a result, 6,500 households, with 5,850 children, have benefited from cash transfers for human development, and 39,000 other households will benefit from such transfers. The Committee also notes the new technical cooperation project, in collaboration with the ILO and financed by the United States Department of Labor, to address child labour in the vanilla plantations. The project will provide livelihood services to households whose children are engaged in child labour in the vanilla plantations. It will also work with vanilla stakeholders to implement the new vanilla Exporters’ Code of Conduct to eliminate child labour in the vanilla sector. Recalling that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee once again requests the Government to continue taking the necessary measures to ensure that the PND is implemented in such a way as to further the elimination of the worst forms of child labour, particularly for the four priority categories for action. The Committee once again requests the Government to provide information on the progress made in this respect and the results achieved. It also requests it to provide information on the results achieved in terms of the elimination of the worst forms of child labour through the implementation of the National Social Protection Policy. The Committee requests the Government to provide information on the implementation of the technical cooperation project and on the progress achieved in this regard.