Forced Labour Convention, 1930 (No. 29) - Madagascar (Ratification: 1960)
Protocol of 2014 to the Forced Labour Convention, 1930 - Madagascar (Ratification: 2019)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s first report on the application of the Protocol of 2014 to the Forced Labour Convention, 1930, ratified in 2019, contains very little information and does not reply to the questions in the report form. The Committee therefore requests the Government to provide a detailed report on the application of the Protocol of 2014, at the same time as its next report on the application of the Convention, both due in 2025.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. National plan of action and institutional framework. In reply to the Committee’s request regarding the activities of the National Bureau to Combat Human Trafficking (BNLTEH), including the protection of victims, the Government indicates in its report that the BNLTEH, in addition to coordinating action against trafficking, is tasked with preventing trafficking, drawing up a national anti-trafficking policy, and monitoring the implementation of the “National Plan to combat trafficking”, which was adopted in 2019, with a new “National Plan to combat trafficking” to be drawn up by January 2023. In addition, the BNLTEH participates in activities for the repatriation of domestic workers in situations of distress and coordinates action for the care of repatriated victims. The Committee requests the Government to continue providing information on the activities of the BNLTEH, indicating the specific measures taken to prevent and combat trafficking in persons. It requests the Government to provide information on the results achieved by the implementation of the 2019 “National Plan to combat trafficking”, the challenges encountered, and the measures contemplated to overcome them in the context of the adoption of the new“National Plan to combat trafficking”.

2. Imposition of effective penalties. The Committee previously asked the Government to provide information on the investigations conducted, prosecutions initiated, and penalties imposed on the basis of the Act No. 2014-040 of 20 January 2015 on combating the trafficking of persons, which criminalizes all forms of trafficking. The Committee notes the Government’s indication that one trafficker was identified in 2019 and in 2020, and 20 traffickers in 2021. It also indicates that a national system of data on trafficking was established in 2020. In this regard, the Committee notes that the Government explains, in the annual report of Madagascar for May 2020–April 2021 as an Alliance 8.7 pathfinder country, that this national database, managed by the BNLTEH, will constitute a dashboard on victim assistance, victim profiles, and investigations and prosecutions relating to traffickers. The Committee also notes that, according to the 2020 global report on trafficking in persons of the United Nations Office on Drugs and Crime (UNODC), the national Ministry of Justice indicated that 69 cases of trafficking in persons had been brought before the courts in 2017 and 2018. The Committee encourages the Government to continue its efforts to enable the competent authorities to conduct investigations and initiate prosecutions in human trafficking cases, and requests it to provide information in this regard. It also requests the Government to indicate the number of convictions and the penalties imposed on the perpetrators of trafficking in persons, pursuant to Act No. 2014-040 of 20 January 2015 on combating the trafficking of persons.

3. Protection of victims. With regard to the protection of trafficking victims, the Government reports on a number of measures, including: (i) the establishment of the Mitsinjo victim reception centre in Antananarivo in 2018; (ii) the preparation of a manual of judicial procedure and a manual for the identification and care of victims in 2017; (iii) the implementation of a project to give autonomy to women victims of trafficking in Madagascar, comprising emergency assistance (accommodation, and medical and psychological support) and long-term assistance (training); (iv) training between 2017 and 2019 for 121 social workers and assistants in the identification of victims of human trafficking; and (v) the establishment of a helpline.

The Government indicates that in 2019, a total of 130 trafficking victims were identified, of whom 33 received assistance; in 2020, 120 were identified and two benefited from assistance; and in 2021, 34 were identified, though none were the recipients of assistance. Moreover, the International Organization for Migration (IOM) indicates, in a press release of 30 July 2019, that during the first six months of 2019 more than 200 women victims of trafficking were assisted with repatriation to Madagascar. However, the IOM emphasizes that trafficking remains a considerable challenge in the country and that women are particularly vulnerable and exposed to forced labour in the domestic sector nationally and abroad. The Committee requests the Government to continue taking measures to ensure the identification of trafficking victims and to guarantee them effective protection and appropriate care, giving particular attention to women. The Committee also requests the Government to indicate the number of victims identified, the assistance measures put in place and the number of persons who have benefited from these measures.

Article 2(2)(a). National service.As regards the need for the Government to take the necessary steps to amend Ordinance No. 78-002 of 16 February 1978 establishing the general principles of national service, so as to limit work or services exacted as part of compulsory national service to work of a purely military character, the Committee refers to its observation on the application of the Abolition of Forced Labour Convention, 1957 (No. 105).

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

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

The Committee notes the observations made by the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 17 September 2013.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legislative and institutional framework. In its previous comments, the Committee noted the adoption of Act No. 2007-038 of 14 January 2008 amending and supplementing certain provisions of the Penal Code on action to combat trafficking and sexual tourism. The Committee requested the Government to indicate the measures taken to combat trafficking in persons.

The Committee notes the Government’s indication concerning the adoption of Act No. 2014-040 of 20 January 2015 to combat trafficking in persons. The Act contains penal provisions enabling the competent authorities to prosecute those responsible for trafficking in persons in all its forms. The Act determines the legal framework for the prosecution, repression and compensation of prejudice to victims, and the protection of witnesses and victims. It also emphasizes the extra-territorial competence of the jurisdiction of Madagascar by granting it the competence to prosecute, try and punish any person who has committed a violation relating to trafficking outside the territory of Madagascar. Furthermore, under the terms of the Act, a National Bureau to Combat Human Trafficking has been established in order to ensure the harmonization and coordination of action by the competent services to combat trafficking. The Government also indicates that a National Plan to Combat Trafficking was validated in March 2015. The Plan sets out the four strategic policies of prevention, protection, prosecution and cooperation. It places emphasis on pluri-annual awareness-raising and training programmes to combat trafficking in persons. The Government also indicates that no statistics or court rulings are currently available.

The Committee notes the observations of the SEKRIMA, according to which it would be desirable to reinforce awareness raising concerning forced labour, as experience shows that forced labour exists in a different form from the usual.

The Committee also notes that, in its concluding observations of 20 November 2015, the United Nations Committee on the Elimination of Discrimination against Women encouraged the Government to pursue the efforts that it has made in collaboration with civil society and the international community to combat the trafficking and exploitation of prostitution. The Committee further notes that the Committee on the Elimination of Discrimination against Women (CEDAW) called on the Government to ensure the allocation of human, technical and financial resources for the implementation of the Act to combat trafficking, the National Plan to Combat Trafficking and a database on trafficking, and to ensure the speedy functioning of the National Bureau to Combat Human Trafficking (CEDAW/C/MDG/CO/6-7, para. 23). The Committee encourages the Government to pursue its efforts to prevent, suppress and punish trafficking in persons. The Committee requests the Government to provide information on the implementation of Act No. 2014-040 of 20 January 2015 to combat trafficking in persons and the National Plan to Combat Trafficking. The Committee further requests the Government to provide information on the activities of the National Bureau to Combat Human Trafficking and the results achieved.

2. Imposition of effective penalties and assistance to victims. The Committee notes that sections 6 and 8 of Act No. 2014-040 establish penalties of imprisonment of from two to five years for acts involving forced labour and practices similar to slavery. The sanctions of imprisonment are from five to ten years in cases of the sale of persons. Associations are also held criminally responsible for trafficking violations committed on their account by their bodies or representatives. The Committee also notes that section 41 of the Act provides for the protection of victims, witnesses and investigators, and that any act of intimidation or threat of reprisals is a violation punishable by between six months and two years of imprisonment. The State is also required to guarantee victims of trafficking the right to take action to obtain compensation. Victims shall be equitably and adequately compensated, including for the medical care and resources required for their rehabilitation (section 44). The Committee requests the Government to provide information on the measures taken to ensure that cases of trafficking are the subject of in-depth investigations and that sufficiently effective and dissuasive penalties are applied. The Committee also requests the Government to provide statistics on the number of prosecutions and penalties imposed against those responsible for trafficking. The Committee further requests the Government to provide information on the measures taken to ensure that victims of trafficking benefit from the protection set out in the law.

Article 2(2)(a). National service. For many years, the Committee has been drawing the Government’s attention to Ordinance No. 78-002 of 16 February 1978 setting forth the general principles of national service, which defines national service as the compulsory participation of young Malagasies in national defence and in the economic and social development of the country. The Committee recalls that the imposition of development work as part of compulsory military service is incompatible with the Convention, under the terms of which any work or service exacted in virtue of compulsory military service laws must be of a purely military character.

The Committee notes the Government’s explanations that national service for young persons completing school is no longer compulsory, but based on voluntary service (Decree No. 92-353 of 13 March 1992). It also refers to young persons who are called up and included in the armed forces. After being registered and reviewed, the young conscripts may choose between two options: (i) being excused for family reasons, in which case conscription is cancelled or deferred for one year, depending on the circumstances; or (ii) continuing vocational training through Action for Development Military Service (SMAD). The Government explains that the objective of the SMAD is to facilitate the integration into active life of young Malagasies who volunteer for national service. The SMAD is established on a voluntary basis for young persons, and the duration of the training is set at 24 months, following which volunteers are released from their statutory service obligations. These young persons choose between training for rural or urban trades.

The Committee notes the Government’s explanations concerning the voluntary nature of the SMAD. The Committee however observes that, under the terms of section 33 of Act No. 94-018 establishing the general organization of the defence of Madagascar, national service is a duty of honour, and also that by virtue of section 2 of Ordinance No. 78-002 of 16 February 1978 establishing the general principles of national service, all Malagasies are subject to the duty of national service, defined as compulsory participation in national defence and in the economic and social development of the country. In accordance with this Ordinance, citizens between the ages of 18 and 50 are subject to the obligations of national service, which include registration, review and the obligation of active service for a period of two years, which may be carried out either within or outside the armed forces (sections 4, 7 and 8). The Committee observes that, as a result of these provisions, within the framework of compulsory national service, Malagasies have to carry out compulsory service, which may be carried out outside the armed forces and through which they can participate in economic development. The Committee requests the Government to take the necessary measures to bring the 1978 Ordinance into conformity with the Convention so as to ensure that persons who are subject to national service are not called upon to participate in work which is not of a purely military character. The Committee requests the Government to indicate the manner in which, in practice, persons who are subject to the duty of national service fulfil their service obligations within and outside the armed forces, with an indication of the various existing types of service and the manner in which conscripts are allocated to them. Noting that the Government refers to the possibility for conscripts to choose the SMAD, the Committee requests the Government to indicate the manner in which they are selected and in which they give their consent to participate in this type of service. Please provide a copy of any text governing the conditions and modalities for the performance of the service duties of conscripts, as envisaged in section 8 of the 1978 Ordinance, and any text regulating the SMAD. The Committee also refers the Government to its comments under the Abolition of Forced Labour Convention, 1957 (No. 105).

Article 2(2)(c). Prison work. Hiring of prison labour to private enterprises. In its previous comments, the Committee noted that Decree No. 2006-015 on the general organization of the prison administration, adopted on 17 January 2006, maintains the possibility of hiring out prison labour to private enterprises. It requested the Government to provide further information on the manner in which the free and informed nature of the consent of detainees hired to private entities is guaranteed.

The Committee notes the Government’s indications that work by detainees is governed by Decree No. 2006-015 on the general organization of the prison administration, adopted on 17 January 2006, Chapter XIX, and Circular No. 418 MJ/SG/DGAP of 4 August 2006, on work by detainees, which authorizes the hiring of prison labour to private enterprises. The prison administration does not propose work, except in cases where an offer is made and the detainee has made a free request to be assigned to hired work, general service or a penal camp. This authorization to work is envisaged in section 105 of Decree No. 2006-015. Accordingly, the detainee concerned formally gives free and unconstrained consent to the work. A selection commission examines each request and on that basis draws up the list of detainees considered to be apt for work, which is followed by the conclusion of a contract between the prison and the user of the hired labour. The Committee notes the copy of a request to work made by a detainee, and the hiring contract between the prison and the entity hiring the labour, both of which were attached to the Government’s report.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with concern that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee notes the observations made by the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 17 September 2013.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legislative and institutional framework. In its previous comments, the Committee noted the adoption of Act No. 2007-038 of 14 January 2008 amending and supplementing certain provisions of the Penal Code on action to combat trafficking and sexual tourism. The Committee requested the Government to indicate the measures taken to combat trafficking in persons.

The Committee notes the Government’s indication concerning the adoption of Act No. 2014-040 of 20 January 2015 to combat trafficking in persons. The Act contains penal provisions enabling the competent authorities to prosecute those responsible for trafficking in persons in all its forms. The Act determines the legal framework for the prosecution, repression and compensation of prejudice to victims, and the protection of witnesses and victims. It also emphasizes the extra-territorial competence of the jurisdiction of Madagascar by granting it the competence to prosecute, try and punish any person who has committed a violation relating to trafficking outside the territory of Madagascar. Furthermore, under the terms of the Act, a National Bureau to Combat Human Trafficking has been established in order to ensure the harmonization and coordination of action by the competent services to combat trafficking. The Government also indicates that a National Plan to Combat Trafficking was validated in March 2015. The Plan sets out the four strategic policies of prevention, protection, prosecution and cooperation. It places emphasis on pluri-annual awareness-raising and training programmes to combat trafficking in persons. The Government also indicates that no statistics or court rulings are currently available.

The Committee notes the observations of the SEKRIMA, according to which it would be desirable to reinforce awareness raising concerning forced labour, as experience shows that forced labour exists in a different form from the usual.

The Committee also notes that, in its concluding observations of 20 November 2015, the United Nations Committee on the Elimination of Discrimination against Women encouraged the Government to pursue the efforts that it has made in collaboration with civil society and the international community to combat the trafficking and exploitation of prostitution. The Committee further notes that the Committee on the Elimination of Discrimination against Women (CEDAW) called on the Government to ensure the allocation of human, technical and financial resources for the implementation of the Act to combat trafficking, the National Plan to Combat Trafficking and a database on trafficking, and to ensure the speedy functioning of the National Bureau to Combat Human Trafficking (CEDAW/C/MDG/CO/6-7, para. 23). The Committee encourages the Government to pursue its efforts to prevent, suppress and punish trafficking in persons. The Committee requests the Government to provide information on the implementation of Act No. 2014-040 of 20 January 2015 to combat trafficking in persons and the National Plan to Combat Trafficking. The Committee further requests the Government to provide information on the activities of the National Bureau to Combat Human Trafficking and the results achieved.

2. Imposition of effective penalties and assistance to victims. The Committee notes that sections 6 and 8 of Act No. 2014-040 establish penalties of imprisonment of from two to five years for acts involving forced labour and practices similar to slavery. The sanctions of imprisonment are from five to ten years in cases of the sale of persons. Associations are also held criminally responsible for trafficking violations committed on their account by their bodies or representatives. The Committee also notes that section 41 of the Act provides for the protection of victims, witnesses and investigators, and that any act of intimidation or threat of reprisals is a violation punishable by between six months and two years of imprisonment. The State is also required to guarantee victims of trafficking the right to take action to obtain compensation. Victims shall be equitably and adequately compensated, including for the medical care and resources required for their rehabilitation (section 44). The Committee requests the Government to provide information on the measures taken to ensure that cases of trafficking are the subject of in-depth investigations and that sufficiently effective and dissuasive penalties are applied. The Committee also requests the Government to provide statistics on the number of prosecutions and penalties imposed against those responsible for trafficking. The Committee further requests the Government to provide information on the measures taken to ensure that victims of trafficking benefit from the protection set out in the law.

Article 2(2)(a). National service. For many years, the Committee has been drawing the Government’s attention to Ordinance No. 78-002 of 16 February 1978 setting forth the general principles of national service, which defines national service as the compulsory participation of young Malagasies in national defence and in the economic and social development of the country. The Committee recalls that the imposition of development work as part of compulsory military service is incompatible with the Convention, under the terms of which any work or service exacted in virtue of compulsory military service laws must be of a purely military character.

The Committee notes the Government’s explanations that national service for young persons completing school is no longer compulsory, but based on voluntary service (Decree No. 92-353 of 13 March 1992). It also refers to young persons who are called up and included in the armed forces. After being registered and reviewed, the young conscripts may choose between two options: (i) being excused for family reasons, in which case conscription is cancelled or deferred for one year, depending on the circumstances; or (ii) continuing vocational training through Action for Development Military Service (SMAD). The Government explains that the objective of the SMAD is to facilitate the integration into active life of young Malagasies who volunteer for national service. The SMAD is established on a voluntary basis for young persons, and the duration of the training is set at 24 months, following which volunteers are released from their statutory service obligations. These young persons choose between training for rural or urban trades.

The Committee notes the Government’s explanations concerning the voluntary nature of the SMAD. The Committee however observes that, under the terms of section 33 of Act No. 94-018 establishing the general organization of the defence of Madagascar, national service is a duty of honour, and also that by virtue of section 2 of Ordinance No. 78-002 of 16 February 1978 establishing the general principles of national service, all Malagasies are subject to the duty of national service, defined as compulsory participation in national defence and in the economic and social development of the country. In accordance with this Ordinance, citizens between the ages of 18 and 50 are subject to the obligations of national service, which include registration, review and the obligation of active service for a period of two years, which may be carried out either within or outside the armed forces (sections 4, 7 and 8). The Committee observes that, as a result of these provisions, within the framework of compulsory national service, Malagasies have to carry out compulsory service, which may be carried out outside the armed forces and through which they can participate in economic development. The Committee requests the Government to take the necessary measures to bring the 1978 Ordinance into conformity with the Convention so as to ensure that persons who are subject to national service are not called upon to participate in work which is not of a purely military character. The Committee requests the Government to indicate the manner in which, in practice, persons who are subject to the duty of national service fulfil their service obligations within and outside the armed forces, with an indication of the various existing types of service and the manner in which conscripts are allocated to them. Noting that the Government refers to the possibility for conscripts to choose the SMAD, the Committee requests the Government to indicate the manner in which they are selected and in which they give their consent to participate in this type of service. Please provide a copy of any text governing the conditions and modalities for the performance of the service duties of conscripts, as envisaged in section 8 of the 1978 Ordinance, and any text regulating the SMAD. The Committee also refers the Government to its comments under the Abolition of Forced Labour Convention, 1957 (No. 105).

Article 2(2)(c). Prison work. Hiring of prison labour to private enterprises. In its previous comments, the Committee noted that Decree No. 2006-015 on the general organization of the prison administration, adopted on 17 January 2006, maintains the possibility of hiring out prison labour to private enterprises. It requested the Government to provide further information on the manner in which the free and informed nature of the consent of detainees hired to private entities is guaranteed.

The Committee notes the Government’s indications that work by detainees is governed by Decree No. 2006-015 on the general organization of the prison administration, adopted on 17 January 2006, Chapter XIX, and Circular No. 418 MJ/SG/DGAP of 4 August 2006, on work by detainees, which authorizes the hiring of prison labour to private enterprises. The prison administration does not propose work, except in cases where an offer is made and the detainee has made a free request to be assigned to hired work, general service or a penal camp. This authorization to work is envisaged in section 105 of Decree No. 2006-015. Accordingly, the detainee concerned formally gives free and unconstrained consent to the work. A selection commission examines each request and on that basis draws up the list of detainees considered to be apt for work, which is followed by the conclusion of a contract between the prison and the user of the hired labour. The Committee notes the copy of a request to work made by a detainee, and the hiring contract between the prison and the entity hiring the labour, both of which were attached to the Government’s report.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with 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.

Repetition

The Committee notes the observations made by the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 17 September 2013.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legislative and institutional framework. In its previous comments, the Committee noted the adoption of Act No. 2007-038 of 14 January 2008 amending and supplementing certain provisions of the Penal Code on action to combat trafficking and sexual tourism. The Committee requested the Government to indicate the measures taken to combat trafficking in persons.

The Committee notes the Government’s indication concerning the adoption of Act No. 2014-040 of 20 January 2015 to combat trafficking in persons. The Act contains penal provisions enabling the competent authorities to prosecute those responsible for trafficking in persons in all its forms. The Act determines the legal framework for the prosecution, repression and compensation of prejudice to victims, and the protection of witnesses and victims. It also emphasizes the extra-territorial competence of the jurisdiction of Madagascar by granting it the competence to prosecute, try and punish any person who has committed a violation relating to trafficking outside the territory of Madagascar. Furthermore, under the terms of the Act, a National Bureau to Combat Human Trafficking has been established in order to ensure the harmonization and coordination of action by the competent services to combat trafficking. The Government also indicates that a National Plan to Combat Trafficking was validated in March 2015. The Plan sets out the four strategic policies of prevention, protection, prosecution and cooperation. It places emphasis on pluri-annual awareness-raising and training programmes to combat trafficking in persons. The Government also indicates that no statistics or court rulings are currently available.

The Committee notes the observations of the SEKRIMA, according to which it would be desirable to reinforce awareness raising concerning forced labour, as experience shows that forced labour exists in a different form from the usual.

The Committee also notes that, in its concluding observations of 20 November 2015, the United Nations Committee on the Elimination of Discrimination against Women encouraged the Government to pursue the efforts that it has made in collaboration with civil society and the international community to combat the trafficking and exploitation of prostitution. The Committee further notes that the Committee on the Elimination of Discrimination against Women (CEDAW) called on the Government to ensure the allocation of human, technical and financial resources for the implementation of the Act to combat trafficking, the National Plan to Combat Trafficking and a database on trafficking, and to ensure the speedy functioning of the National Bureau to Combat Human Trafficking (CEDAW/C/MDG/CO/6-7, para. 23). The Committee encourages the Government to pursue its efforts to prevent, suppress and punish trafficking in persons. The Committee requests the Government to provide information on the implementation of Act No. 2014-040 of 20 January 2015 to combat trafficking in persons and the National Plan to Combat Trafficking. The Committee further requests the Government to provide information on the activities of the National Bureau to Combat Human Trafficking and the results achieved.

2. Imposition of effective penalties and assistance to victims. The Committee notes that sections 6 and 8 of Act No. 2014-040 establish penalties of imprisonment of from two to five years for acts involving forced labour and practices similar to slavery. The sanctions of imprisonment are from five to ten years in cases of the sale of persons. Associations are also held criminally responsible for trafficking violations committed on their account by their bodies or representatives. The Committee also notes that section 41 of the Act provides for the protection of victims, witnesses and investigators, and that any act of intimidation or threat of reprisals is a violation punishable by between six months and two years of imprisonment. The State is also required to guarantee victims of trafficking the right to take action to obtain compensation. Victims shall be equitably and adequately compensated, including for the medical care and resources required for their rehabilitation (section 44). The Committee requests the Government to provide information on the measures taken to ensure that cases of trafficking are the subject of in-depth investigations and that sufficiently effective and dissuasive penalties are applied. The Committee also requests the Government to provide statistics on the number of prosecutions and penalties imposed against those responsible for trafficking. The Committee further requests the Government to provide information on the measures taken to ensure that victims of trafficking benefit from the protection set out in the law.

Article 2(2)(a). National service. For many years, the Committee has been drawing the Government’s attention to Ordinance No. 78-002 of 16 February 1978 setting forth the general principles of national service, which defines national service as the compulsory participation of young Malagasies in national defence and in the economic and social development of the country. The Committee recalls that the imposition of development work as part of compulsory military service is incompatible with the Convention, under the terms of which any work or service exacted in virtue of compulsory military service laws must be of a purely military character.

The Committee notes the Government’s explanations that national service for young persons completing school is no longer compulsory, but based on voluntary service (Decree No. 92-353 of 13 March 1992). It also refers to young persons who are called up and included in the armed forces. After being registered and reviewed, the young conscripts may choose between two options: (i) being excused for family reasons, in which case conscription is cancelled or deferred for one year, depending on the circumstances; or (ii) continuing vocational training through Action for Development Military Service (SMAD). The Government explains that the objective of the SMAD is to facilitate the integration into active life of young Malagasies who volunteer for national service. The SMAD is established on a voluntary basis for young persons, and the duration of the training is set at 24 months, following which volunteers are released from their statutory service obligations. These young persons choose between training for rural or urban trades.

The Committee notes the Government’s explanations concerning the voluntary nature of the SMAD. The Committee however observes that, under the terms of section 33 of Act No. 94-018 establishing the general organization of the defence of Madagascar, national service is a duty of honour, and also that by virtue of section 2 of Ordinance No. 78-002 of 16 February 1978 establishing the general principles of national service, all Malagasies are subject to the duty of national service, defined as compulsory participation in national defence and in the economic and social development of the country. In accordance with this Ordinance, citizens between the ages of 18 and 50 are subject to the obligations of national service, which include registration, review and the obligation of active service for a period of two years, which may be carried out either within or outside the armed forces (sections 4, 7 and 8). The Committee observes that, as a result of these provisions, within the framework of compulsory national service, Malagasies have to carry out compulsory service, which may be carried out outside the armed forces and through which they can participate in economic development. The Committee requests the Government to take the necessary measures to bring the 1978 Ordinance into conformity with the Convention so as to ensure that persons who are subject to national service are not called upon to participate in work which is not of a purely military character. The Committee requests the Government to indicate the manner in which, in practice, persons who are subject to the duty of national service fulfil their service obligations within and outside the armed forces, with an indication of the various existing types of service and the manner in which conscripts are allocated to them. Noting that the Government refers to the possibility for conscripts to choose the SMAD, the Committee requests the Government to indicate the manner in which they are selected and in which they give their consent to participate in this type of service. Please provide a copy of any text governing the conditions and modalities for the performance of the service duties of conscripts, as envisaged in section 8 of the 1978 Ordinance, and any text regulating the SMAD. The Committee also refers the Government to its comments under the Abolition of Forced Labour Convention, 1957 (No. 105).

Article 2(2)(c). Prison work. Hiring of prison labour to private enterprises. In its previous comments, the Committee noted that Decree No. 2006-015 on the general organization of the prison administration, adopted on 17 January 2006, maintains the possibility of hiring out prison labour to private enterprises. It requested the Government to provide further information on the manner in which the free and informed nature of the consent of detainees hired to private entities is guaranteed.

The Committee notes the Government’s indications that work by detainees is governed by Decree No. 2006-015 on the general organization of the prison administration, adopted on 17 January 2006, Chapter XIX, and Circular No. 418 MJ/SG/DGAP of 4 August 2006, on work by detainees, which authorizes the hiring of prison labour to private enterprises. The prison administration does not propose work, except in cases where an offer is made and the detainee has made a free request to be assigned to hired work, general service or a penal camp. This authorization to work is envisaged in section 105 of Decree No. 2006-015. Accordingly, the detainee concerned formally gives free and unconstrained consent to the work. A selection commission examines each request and on that basis draws up the list of detainees considered to be apt for work, which is followed by the conclusion of a contract between the prison and the user of the hired labour. The Committee notes the copy of a request to work made by a detainee, and the hiring contract between the prison and the entity hiring the labour, both of which were attached to the Government’s report.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2016.

Repetition

The Committee notes the observations made by the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 17 September 2013.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legislative and institutional framework. In its previous comments, the Committee noted the adoption of Act No. 2007-038 of 14 January 2008 amending and supplementing certain provisions of the Penal Code on action to combat trafficking and sexual tourism. The Committee requested the Government to indicate the measures taken to combat trafficking in persons.

The Committee notes the Government’s indication concerning the adoption of Act No. 2014-040 of 20 January 2015 to combat trafficking in persons. The Act contains penal provisions enabling the competent authorities to prosecute those responsible for trafficking in persons in all its forms. The Act determines the legal framework for the prosecution, repression and compensation of prejudice to victims, and the protection of witnesses and victims. It also emphasizes the extra-territorial competence of the jurisdiction of Madagascar by granting it the competence to prosecute, try and punish any person who has committed a violation relating to trafficking outside the territory of Madagascar. Furthermore, under the terms of the Act, a National Bureau to Combat Human Trafficking has been established in order to ensure the harmonization and coordination of action by the competent services to combat trafficking. The Government also indicates that a National Plan to Combat Trafficking was validated in March 2015. The Plan sets out the four strategic policies of prevention, protection, prosecution and cooperation. It places emphasis on pluri-annual awareness-raising and training programmes to combat trafficking in persons. The Government also indicates that no statistics or court rulings are currently available.

The Committee notes the observations of the SEKRIMA, according to which it would be desirable to reinforce awareness raising concerning forced labour, as experience shows that forced labour exists in a different form from the usual.

The Committee also notes that, in its concluding observations of 20 November 2015, the United Nations Committee on the Elimination of Discrimination against Women encouraged the Government to pursue the efforts that it has made in collaboration with civil society and the international community to combat the trafficking and exploitation of prostitution. The Committee further notes that the Committee on the Elimination of Discrimination against Women (CEDAW) called on the Government to ensure the allocation of human, technical and financial resources for the implementation of the Act to combat trafficking, the National Plan to Combat Trafficking and a database on trafficking, and to ensure the speedy functioning of the National Bureau to Combat Human Trafficking (CEDAW/C/MDG/CO/6-7, para. 23). The Committee encourages the Government to pursue its efforts to prevent, suppress and punish trafficking in persons. The Committee requests the Government to provide information on the implementation of Act No. 2014-040 of 20 January 2015 to combat trafficking in persons and the National Plan to Combat Trafficking. The Committee further requests the Government to provide information on the activities of the National Bureau to Combat Human Trafficking and the results achieved.

2. Imposition of effective penalties and assistance to victims. The Committee notes that sections 6 and 8 of Act No. 2014-040 establish penalties of imprisonment of from two to five years for acts involving forced labour and practices similar to slavery. The sanctions of imprisonment are from five to ten years in cases of the sale of persons. Associations are also held criminally responsible for trafficking violations committed on their account by their bodies or representatives. The Committee also notes that section 41 of the Act provides for the protection of victims, witnesses and investigators, and that any act of intimidation or threat of reprisals is a violation punishable by between six months and two years of imprisonment. The State is also required to guarantee victims of trafficking the right to take action to obtain compensation. Victims shall be equitably and adequately compensated, including for the medical care and resources required for their rehabilitation (section 44). The Committee requests the Government to provide information on the measures taken to ensure that cases of trafficking are the subject of in-depth investigations and that sufficiently effective and dissuasive penalties are applied. The Committee also requests the Government to provide statistics on the number of prosecutions and penalties imposed against those responsible for trafficking. The Committee further requests the Government to provide information on the measures taken to ensure that victims of trafficking benefit from the protection set out in the law.

Article 2(2)(a). National service. For many years, the Committee has been drawing the Government’s attention to Ordinance No. 78-002 of 16 February 1978 setting forth the general principles of national service, which defines national service as the compulsory participation of young Malagasies in national defence and in the economic and social development of the country. The Committee recalls that the imposition of development work as part of compulsory military service is incompatible with the Convention, under the terms of which any work or service exacted in virtue of compulsory military service laws must be of a purely military character.

The Committee notes the Government’s explanations that national service for young persons completing school is no longer compulsory, but based on voluntary service (Decree No. 92-353 of 13 March 1992). It also refers to young persons who are called up and included in the armed forces. After being registered and reviewed, the young conscripts may choose between two options: (i) being excused for family reasons, in which case conscription is cancelled or deferred for one year, depending on the circumstances; or (ii) continuing vocational training through Action for Development Military Service (SMAD). The Government explains that the objective of the SMAD is to facilitate the integration into active life of young Malagasies who volunteer for national service. The SMAD is established on a voluntary basis for young persons, and the duration of the training is set at 24 months, following which volunteers are released from their statutory service obligations. These young persons choose between training for rural or urban trades.

The Committee notes the Government’s explanations concerning the voluntary nature of the SMAD. The Committee however observes that, under the terms of section 33 of Act No. 94-018 establishing the general organization of the defence of Madagascar, national service is a duty of honour, and also that by virtue of section 2 of Ordinance No. 78-002 of 16 February 1978 establishing the general principles of national service, all Malagasies are subject to the duty of national service, defined as compulsory participation in national defence and in the economic and social development of the country. In accordance with this Ordinance, citizens between the ages of 18 and 50 are subject to the obligations of national service, which include registration, review and the obligation of active service for a period of two years, which may be carried out either within or outside the armed forces (sections 4, 7 and 8). The Committee observes that, as a result of these provisions, within the framework of compulsory national service, Malagasies have to carry out compulsory service, which may be carried out outside the armed forces and through which they can participate in economic development. The Committee requests the Government to take the necessary measures to bring the 1978 Ordinance into conformity with the Convention so as to ensure that persons who are subject to national service are not called upon to participate in work which is not of a purely military character. The Committee requests the Government to indicate the manner in which, in practice, persons who are subject to the duty of national service fulfil their service obligations within and outside the armed forces, with an indication of the various existing types of service and the manner in which conscripts are allocated to them. Noting that the Government refers to the possibility for conscripts to choose the SMAD, the Committee requests the Government to indicate the manner in which they are selected and in which they give their consent to participate in this type of service. Please provide a copy of any text governing the conditions and modalities for the performance of the service duties of conscripts, as envisaged in section 8 of the 1978 Ordinance, and any text regulating the SMAD. The Committee also refers the Government to its comments under the Abolition of Forced Labour Convention, 1957 (No. 105).

Article 2(2)(c). Prison work. Hiring of prison labour to private enterprises. In its previous comments, the Committee noted that Decree No. 2006-015 on the general organization of the prison administration, adopted on 17 January 2006, maintains the possibility of hiring out prison labour to private enterprises. It requested the Government to provide further information on the manner in which the free and informed nature of the consent of detainees hired to private entities is guaranteed.

The Committee notes the Government’s indications that work by detainees is governed by Decree No. 2006-015 on the general organization of the prison administration, adopted on 17 January 2006, Chapter XIX, and Circular No. 418 MJ/SG/DGAP of 4 August 2006, on work by detainees, which authorizes the hiring of prison labour to private enterprises. The prison administration does not propose work, except in cases where an offer is made and the detainee has made a free request to be assigned to hired work, general service or a penal camp. This authorization to work is envisaged in section 105 of Decree No. 2006-015. Accordingly, the detainee concerned formally gives free and unconstrained consent to the work. A selection commission examines each request and on that basis draws up the list of detainees considered to be apt for work, which is followed by the conclusion of a contract between the prison and the user of the hired labour. The Committee notes the copy of a request to work made by a detainee, and the hiring contract between the prison and the entity hiring the labour, both of which were attached to the Government’s report.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes the observations made by the Christian Confederation of Malagasy Trade Unions (SEKRIMA), received on 17 September 2013.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. Legislative and institutional framework. In its previous comments, the Committee noted the adoption of Act No. 2007-038 of 14 January 2008 amending and supplementing certain provisions of the Penal Code on action to combat trafficking and sexual tourism. The Committee requested the Government to indicate the measures taken to combat trafficking in persons.

The Committee notes the Government’s indication concerning the adoption of Act No. 2014-040 of 20 January 2015 to combat trafficking in persons. The Act contains penal provisions enabling the competent authorities to prosecute those responsible for trafficking in persons in all its forms. The Act determines the legal framework for the prosecution, repression and compensation of prejudice to victims, and the protection of witnesses and victims. It also emphasizes the extra-territorial competence of the jurisdiction of Madagascar by granting it the competence to prosecute, try and punish any person who has committed a violation relating to trafficking outside the territory of Madagascar. Furthermore, under the terms of the Act, a National Bureau to Combat Human Trafficking has been established in order to ensure the harmonization and coordination of action by the competent services to combat trafficking. The Government also indicates that a National Plan to Combat Trafficking was validated in March 2015. The Plan sets out the four strategic policies of prevention, protection, prosecution and cooperation. It places emphasis on pluri-annual awareness-raising and training programmes to combat trafficking in persons. The Government also indicates that no statistics or court rulings are currently available.

The Committee notes the observations of the SEKRIMA, according to which it would be desirable to reinforce awareness raising concerning forced labour, as experience shows that forced labour exists in a different form from the usual.

The Committee also notes that, in its concluding observations of 20 November 2015, the United Nations Committee on the Elimination of Discrimination against Women encouraged the Government to pursue the efforts that it has made in collaboration with civil society and the international community to combat the trafficking and exploitation of prostitution. The Committee further notes that the Committee on the Elimination of Discrimination against Women (CEDAW) called on the Government to ensure the allocation of human, technical and financial resources for the implementation of the Act to combat trafficking, the National Plan to Combat Trafficking and a database on trafficking, and to ensure the speedy functioning of the National Bureau to Combat Human Trafficking (CEDAW/C/MDG/CO/6-7, para. 23). The Committee encourages the Government to pursue its efforts to prevent, suppress and punish trafficking in persons. The Committee requests the Government to provide information on the implementation of Act No. 2014-040 of 20 January 2015 to combat trafficking in persons and the National Plan to Combat Trafficking. The Committee further requests the Government to provide information on the activities of the National Bureau to Combat Human Trafficking and the results achieved.

2. Imposition of effective penalties and assistance to victims. The Committee notes that sections 6 and 8 of Act No. 2014-040 establish penalties of imprisonment of from two to five years for acts involving forced labour and practices similar to slavery. The sanctions of imprisonment are from five to ten years in cases of the sale of persons. Associations are also held criminally responsible for trafficking violations committed on their account by their bodies or representatives. The Committee also notes that section 41 of the Act provides for the protection of victims, witnesses and investigators, and that any act of intimidation or threat of reprisals is a violation punishable by between six months and two years of imprisonment. The State is also required to guarantee victims of trafficking the right to take action to obtain compensation. Victims shall be equitably and adequately compensated, including for the medical care and resources required for their rehabilitation (section 44). The Committee requests the Government to provide information on the measures taken to ensure that cases of trafficking are the subject of in-depth investigations and that sufficiently effective and dissuasive penalties are applied. The Committee also requests the Government to provide statistics on the number of prosecutions and penalties imposed against those responsible for trafficking. The Committee further requests the Government to provide information on the measures taken to ensure that victims of trafficking benefit from the protection set out in the law.

Article 2(2)(a). National service. For many years, the Committee has been drawing the Government’s attention to Ordinance No. 78-002 of 16 February 1978 setting forth the general principles of national service, which defines national service as the compulsory participation of young Malagasies in national defence and in the economic and social development of the country. The Committee recalls that the imposition of development work as part of compulsory military service is incompatible with the Convention, under the terms of which any work or service exacted in virtue of compulsory military service laws must be of a purely military character.

The Committee notes the Government’s explanations that national service for young persons completing school is no longer compulsory, but based on voluntary service (Decree No. 92-353 of 13 March 1992). It also refers to young persons who are called up and included in the armed forces. After being registered and reviewed, the young conscripts may choose between two options: (i) being excused for family reasons, in which case conscription is cancelled or deferred for one year, depending on the circumstances; or (ii) continuing vocational training through Action for Development Military Service (SMAD). The Government explains that the objective of the SMAD is to facilitate the integration into active life of young Malagasies who volunteer for national service. The SMAD is established on a voluntary basis for young persons, and the duration of the training is set at 24 months, following which volunteers are released from their statutory service obligations. These young persons choose between training for rural or urban trades.

The Committee notes the Government’s explanations concerning the voluntary nature of the SMAD. The Committee however observes that, under the terms of section 33 of Act No. 94-018 establishing the general organization of the defence of Madagascar, national service is a duty of honour, and also that by virtue of section 2 of Ordinance No. 78-002 of 16 February 1978 establishing the general principles of national service, all Malagasies are subject to the duty of national service, defined as compulsory participation in national defence and in the economic and social development of the country. In accordance with this Ordinance, citizens between the ages of 18 and 50 are subject to the obligations of national service, which include registration, review and the obligation of active service for a period of two years, which may be carried out either within or outside the armed forces (sections 4, 7 and 8). The Committee observes that, as a result of these provisions, within the framework of compulsory national service, Malagasies have to carry out compulsory service, which may be carried out outside the armed forces and through which they can participate in economic development. The Committee requests the Government to take the necessary measures to bring the 1978 Ordinance into conformity with the Convention so as to ensure that persons who are subject to national service are not called upon to participate in work which is not of a purely military character. The Committee requests the Government to indicate the manner in which, in practice, persons who are subject to the duty of national service fulfil their service obligations within and outside the armed forces, with an indication of the various existing types of service and the manner in which conscripts are allocated to them. Noting that the Government refers to the possibility for conscripts to choose the SMAD, the Committee requests the Government to indicate the manner in which they are selected and in which they give their consent to participate in this type of service. Please provide a copy of any text governing the conditions and modalities for the performance of the service duties of conscripts, as envisaged in section 8 of the 1978 Ordinance, and any text regulating the SMAD. The Committee also refers the Government to its comments under the Abolition of Forced Labour Convention, 1957 (No. 105).

Article 2(2)(c). Prison work. Hiring of prison labour to private enterprises. In its previous comments, the Committee noted that Decree No. 2006-015 on the general organization of the prison administration, adopted on 17 January 2006, maintains the possibility of hiring out prison labour to private enterprises. It requested the Government to provide further information on the manner in which the free and informed nature of the consent of detainees hired to private entities is guaranteed.

The Committee notes the Government’s indications that work by detainees is governed by Decree No. 2006-015 on the general organization of the prison administration, adopted on 17 January 2006, Chapter XIX, and Circular No. 418 MJ/SG/DGAP of 4 August 2006, on work by detainees, which authorizes the hiring of prison labour to private enterprises. The prison administration does not propose work, except in cases where an offer is made and the detainee has made a free request to be assigned to hired work, general service or a penal camp. This authorization to work is envisaged in section 105 of Decree No. 2006-015. Accordingly, the detainee concerned formally gives free and unconstrained consent to the work. A selection commission examines each request and on that basis draws up the list of detainees considered to be apt for work, which is followed by the conclusion of a contract between the prison and the user of the hired labour. The Committee notes the copy of a request to work made by a detainee, and the hiring contract between the prison and the entity hiring the labour, both of which were attached to the Government’s report.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes the observations made by the General Confederation of Workers’ Unions of Madagascar (CGSTM) received on 4 September 2012 and the Government’s reply to these observations.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee noted the adoption of Act No. 2007-038 of 14 January 2008 amending and supplementing certain provisions of the Penal Code on action to combat trafficking and sexual tourism. The Act defines trafficking in persons for purposes of exploitation (section 333ter of the Penal Code) and categorizes it as a penal offence (section 333quater). The Committee observed however that although the law establishes penalties for prostitution and sexual exploitation, it does not do so for trafficking in persons for labour exploitation. The Committee asked the Government to specify the provisions of the legislation under which individuals have been prosecuted, particularly in cases of trafficking in persons for the exploitation of labour, and the nature of the penalties imposed.

The Committee notes the Government’s indication that Act No. 2007–038 of 14 January 2008 to combat trafficking and sexual tourism has incorporated ten new sections; section 333ter(3) gives a much broader definition of exploitation, which includes unremunerated work, forced labour or services, domestic work etc., and section 334bis et seq. concerns trafficking in persons for labour exploitation.

While noting this statement, the Committee nonetheless observes that the abovementioned Act does not specifically provide for penalties for trafficking in persons for labour exploitation. The penalties under sections 334ter, quater and quinto concern the recruitment, training or corruption of an individual for the purposes of prostitution, sexual exploitation and sexual tourism.

The Committee notes that the Working Group on the Universal Periodic Review recommended to the Government in its report, inter alia: to institute a process enabling law enforcement officials to document human trafficking cases and refer victims to assistance services; to increase efforts to raise public awareness about trafficking for labour exploitation; and to prosecute public officials suspected of trafficking-related complicity (A/HRC/14/13, conclusions, paragraph 44, March 2010).

The Committee also notes that the Committee on the Rights of the Child (CRC) in its concluding observations expresses its great concern at the high level of trafficking in persons, including children, from Madagascar to neighbouring countries and the Middle East for purposes of domestic servitude and sexual exploitation. The CRC also expresses concern that the Act No. 2007-038 of 2008 to combat trafficking in persons is not sufficiently implemented and, in particular, that it has not resulted in any known convictions to date (CRC/C/MDG/CO/3-4, paragraph 63, 8 March 2012).

In this respect, the Committee requests the Government to indicate the measures taken in practice to combat trafficking in persons, as well as the legal provisions enabling the authorities to prosecute those responsible for trafficking in persons for labour exploitation and convict them. It is asked to send a copy of those legal rulings that have been handed down in this respect. Furthermore, the Committee asks the Government to indicate the measures taken or envisaged to make the public aware of the phenomenon of trafficking in persons and to protect victims by facilitating their social rehabilitation.

Article 2(2)(a). National service. For many years, the Committee has been emphasizing the need to bring Ordinance No. 78-002 of 16 February 1978, which sets forth general principles of national service, into conformity with the Convention. The Ordinance defines national service as the compulsory participation of young Malagasies in national defence and in the economic and social development of the country. The Committee recalled that making young people participate in developmental work as part of compulsory military service is incompatible with the Convention, and it requested the Government to take the necessary steps to bring the legislation in line with the Convention.

The Committee notes from the observations submitted by the General Confederation of Workers’ Unions of Madagascar (CGSTM) that the Government has not adopted any measures to bring Ordinance No. 78-002 of 16 February 1978 concerning the general principles of national service into conformity with the Convention.

The Committee notes the Government’s explanations that there are two forms of national service: national service in the armed forces and national service outside the armed forces. Ordinance No. 73-004 of 9 February 1973 introduced national service outside the armed forces which is voluntary and reserved for young women mostly employed in public establishments. Ordinance No. 78-002 of 16 February 1978 confirms the voluntary nature of this service. As regards national service in the armed forces, this only concerns young men who are integrated according to the needs of both forces: the military and the national gendarmerie (for example, secretary, farmer, construction worker, scrap merchant, mechanic, etc.). The Government adds that given the country’s political and social situation (unemployment, poverty, idleness), young minors (17 years of age) may volunteer for the armed forces provided they fulfil certain requirements.

While noting the voluntary nature of national service outside the armed forces, the Committee nevertheless emphasizes that in view of the fact that national service in the armed forces is mandatory, it is important that work carried out by young persons called into this service should be of a purely military nature and not involve them in activities to promote the country’s economic and social development. The Committee also refers to the comments it has made with respect to the Abolition of Forced Labour Convention, 1957 (No. 105).

Consequently, the Committee hopes that the Government will take the necessary measures to bring its legislation in line with the Convention, in particular by ensuring that the services required under the legislation on the national service are of a purely military nature and do not include activities to promote the country’s economic and social development.

Article 2(2)(c). Prison work. Hiring of prison labour to private enterprises. In its previous comments, the Committee noted that Decree No. 2006-015 on the general organization of prison administration, adopted on 17 January 2006, maintains the possibility of hiring out prison labour to private enterprises. It requested the Government to provide further information on the manner in which the free and informed nature of the consent of detainees hired to private enterprises is guaranteed.

The Committee takes note of Circular No. 418-MJ/SG/DGAP of 4 August 2006 on the work of detainees enclosed with the Government’s report, which contains provisions abolishing compulsory work for prisoners and introducing the concept of voluntary work (paragraph 1). It also notes that detainees’ work is carried out under three schemes: general services, the lease system and penal camps. In the event of hiring out detainees under the lease system, a contract must be concluded between the contractor and the head of the prison. The contract must indicate the nature of the work, the duration of the contract and the amount of pay, and the administration must transfer the total remuneration paid by the contractor to the registered account of the detainees employed under the arrangement.

In this regard, the Committee notes the observations of the CGSTM, stating that the Government has not provided information on the measures taken to ensure that detainees hired out to private entities give their consent, as provided for by Circular No. 418-MJ/SG/DGAP of 4 August 2006 on the work of detainees.

The Committee takes note of this information and requests the Government to indicate how, in practice, convicted persons give their formal, free and informed consent to work for private entities. The Committee also requests the Government to send copies of the contracts concluded between the prisons and contractors using penal labour in its next report.

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

The Committee notes that the Government’s report has not been received. It notes the communication received from the General Confederation of Workers’ Unions of Madagascar (CGSTM) on 31 August 2011 and transmitted to the Government on 15 September 2011. In its observations, the CGSTM provides information on points examined by the Committee, namely, the issue of national service and lack of measures taken by the Government to bring national legislation into conformity with the Convention, as well as the issue of consent of convicts to perform work in benefit of private entities. The Committee therefore hopes that the Government will provide, at the Committee’s next session, a report containing detailed information on the points raised in its previous direct request, as well as on the CGSTM observations.

Repetition

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the adoption of Act No. 2007-038 of 14 January 2007 amending and supplementing certain provisions of the Penal Code on action to combat trafficking and sexual tourism. The Act defines trafficking in persons for purposes of exploitation (section 333ter of the Penal Code) and categorizes it as a penal offence (section 333quater). However, the Committee observes that, although the law establishes penalties for prostitution and sexual exploitation, it does not do so for trafficking in persons for labour exploitation. The Committee asks the Government to provide information in its next report, on the effect given to the Act in practice, and particularly on the prosecutions initiated. Please indicate the provisions of the legislation under which individuals have been prosecuted, particularly in cases of trafficking in persons for the exploitation of labour, and the nature of the penalties imposed. In more general terms, the Committee requests the Government to provide information on the characteristics and scope of trafficking in persons in Madagascar, and on the awareness-raising activities undertaken and the difficulties encountered by the public authorities in combating this phenomenon.

Article 2(2)(a). National service. For many years, the Committee has been emphasizing the need to bring Ordinance No. 78-002 of 16 February 1978 which sets forth general principles of national service into conformity with the Convention. The Ordinance defines national service as the compulsory participation of young Malagasies in national defence and in the economic and social development of the country. In the past, the Government indicated that the political and social context has changed considerably since the adoption of the Ordinance and that it may therefore be inferred that the Ordinance has been rendered obsolete and its revision should be envisaged. The Committee notes the Government’s confirmation in its latest report that the Committee’s comments have been forwarded to the competent department, but that no reply has been received. The Committee trusts that the Government will take all the necessary measures without delay to bring the legislation into conformity with the Convention either by ensuring that the participation of Malagasies in national service is on a voluntary basis, or by ascertaining that the work required under national service laws is of a purely military character.

Article 2(2)(c). Prison work. Hiring of prison labour to private enterprises. In its previous comments, the Committee noted that Decree No. 2006-015, adopted on 17 January 2006, maintains the possibility of hiring prison labour to private enterprises. It requested the Government to provide further information on the manner in which the free and informed nature of the consent of detainees hired to private entities is guaranteed. The Government indicates in its latest report that prisoners who wish to work have to submit an application to appear before the Commission for the Selection of Prisoners Apt for Work and that refusal to work or failure to submit an application have no consequence on the status of the prisoner nor on his or her consideration or request for conditional release. The Government also refers to Circular No. 418-MJ/SG/DGAP of 4 August 2006 issued under Decree No. 2006-015 under which those using hired prison labour have to pay to the prison administration the wage normally required for such work. The Committee notes all of this information and requests the Government to provide a copy of Circular No. 418-MJ/SG/DGAP of 4 August 2006.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes the explanations provided by the Government concerning the circumstances in which work, services or assistance may be required in cases of robbery, pillage, flagrant offences, public disturbance or judicial execution (section 4 of the Labour Code).

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the adoption of Act No. 2007-038 of 14 January 2007 amending and supplementing certain provisions of the Penal Code on action to combat trafficking and sexual tourism. The Act defines trafficking in persons for purposes of exploitation (section 333ter of the Penal Code) and categorizes it as a penal offence (section 333quater). However, the Committee observes that, although the law establishes penalties for prostitution and sexual exploitation, it does not do so for trafficking in persons for labour exploitation. The Committee asks the Government to provide information in its next report, on the effect given to the Act in practice, and particularly on the prosecutions initiated. Please indicate the provisions of the legislation under which individuals have been prosecuted, particularly in cases of trafficking in persons for the exploitation of labour, and the nature of the penalties imposed. In more general terms, the Committee requests the Government to provide information on the characteristics and scope of trafficking in persons in Madagascar, and on the awareness-raising activities undertaken and the difficulties encountered by the public authorities in combating this phenomenon.

Article 2(2)(a). National service. For many years, the Committee has been emphasizing the need to bring Ordinance No. 78-002 of 16 February 1978 which sets forth general principles of national service into conformity with the Convention. The Ordinance defines national service as the compulsory participation of young Malagasies in national defence and in the economic and social development of the country. In the past, the Government indicated that the political and social context has changed considerably since the adoption of the Ordinance and that it may therefore be inferred that the Ordinance has been rendered obsolete and its revision should be envisaged. The Committee notes the Government’s confirmation in its latest report that the Committee’s comments have been forwarded to the competent department, but that no reply has been received. The Committee trusts that the Government will take all the necessary measures without delay to bring the legislation into conformity with the Convention either by ensuring that the participation of Malagasies in national service is on a voluntary basis, or by ascertaining that the work required under national service laws is of a purely military character.

Article 2(2)(c). Prison work. Hiring of prison labour to private enterprises. In its previous comments, the Committee noted that Decree No. 2006-015, adopted on 17 January 2006, maintains the possibility of hiring prison labour to private enterprises. It requested the Government to provide further information on the manner in which the free and informed nature of the consent of detainees hired to private entities is guaranteed. The Government indicates in its latest report that prisoners who wish to work have to submit an application to appear before the Commission for the Selection of Prisoners Apt for Work and that refusal to work or failure to submit an application have no consequence on the status of the prisoner nor on his or her consideration or request for conditional release. The Government also refers to Circular
No. 418-MJ/SG/DGAP of 4 August 2006 issued under Decree No. 2006-015 under which those using hired prison labour have to pay to the prison administration the wage normally required for such work. The Committee notes all of this information and requests the Government to provide a copy of Circular No. 418-MJ/SG/DGAP of 4 August 2006.

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

Article 2(1) and (2) of the Convention. Compulsory labour. The Committee noted in its previous direct request that forced labour was prohibited under section 4 of the Labour Code and that this provision reproduced the Convention’s definition of forced labour. It noted that the prohibition did not apply to work, services or assistance required in the case of robbery, pillage, flagrant offence, public disturbance or judicial execution. It requested the Government to indicate the conditions under which such work was carried out and the circumstances in which it was imposed so that it could assess the extent to which it was covered by the exceptions set out in the Convention. Having received no information on the matter, the Committee hopes that the Government will send the information requested in its next report.

Article 2(2)(a). National service. The Committee takes note of the provisions of Act No. 94-018 and of Act No. 2004-004 repealing Act No. 94‑033.

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

Article 2(2)(c) of the Convention. Prison labour. Hiring of prison labour to private enterprises. The Committee notes that Decree No. 2006‑015 of 17 January 2006 on the general organization of prison administration has repealed Decree No. 59-121 of 27 October 1959, which allowed prison labour to be hired out to private enterprises and persons detained pending trial to be required to perform work.

With regard to the latter provision, the Committee notes with satisfaction that with the repeal of Decree No. 59-121 and the provisions introduced by Decree No. 2006-015, persons detained pending trial are no longer subjected to compulsory labour. In its previous observation, the Committee noted that under section 4(4) of the new Labour Code (Act No. 2003-044), it was prohibited to require persons detained pending trial to work. It notes that, according to section 109(2) of Decree No. 2006-015, for such persons to be employed, prior authorization must be obtained from the magistrate in charge and that such authorization is granted only for persons who have been in pre-trial detention for more than two months.

The Committee notes the provisions of Chapter XIX of Decree No. 2006‑015, “Work by Prisoners” (sections 104–115). It notes that under these provisions, as under those of Decree No. 59-121 prior to its repeal, prison labour may be hired out to private enterprises. According to section 109(1) of Decree No. 2006-015, prison labour is carried out under general service or hiring arrangements. Under section 112(1), in the case of prison labour under a hiring arrangement, the prisoner may either be placed at the disposal of public or semi-public services or establishments or hired out to private enterprises. The Committee recalls that according to Article 2(2)(c), of the Convention, prison labour is excluded from the Convention’s scope only on condition that the work or service is carried out under the supervision and control of a public authority and the convicted person is not hired to or placed at the disposal of private individuals, companies or associations. In its 2007 General Survey on the eradication of forced labour, the Committee has taken the view that, as long as the necessary safeguards exist to ensure that the persons concerned offer themselves voluntarily and without being subjected to pressure or the menace of any penalty, such employment does not fall within the scope of the Convention (paragraph 59). The Committee also indicated that the most reliable indication of authenticating voluntariness and free consent is where the work is performed under conditions which approximate a free labour relationship (paragraphs 115–120). The Committee notes with interest in this connection that some provisions of Chapter XIX of Decree No. 2006-015 are an improvement in comparison with previous legislation. It notes that under section 105, persons in custody, regardless of their penal status, may ask to be offered work. According to section 106, work provided to prisoners takes into account the requirements for the proper running of establishments in general and penal camps in particular. Section 107(1) provides that daily and weekly working hours, which are set by internal rules of the establishment, must approximate working hours in the corresponding region or type of occupation and must on no account exceed the working hours practised. Section 107(2) provides that observance of weekly rest periods and holidays must be ensured and that the necessary provision must be made in work schedules for rest periods and for meals. According to section 108, independent of prisoner surveillance, staff must ensure observance of the rules on discipline and security in the workplace. Under section 110, work in the service, or for the personal convenience, of individuals, whether magistrates, public servants or private persons, is prohibited. Section 112(3) provides that for prison work carried out under a hiring arrangement, remuneration and working conditions must approximate those provided in the Labour Code. Lastly, under section 114, prisoners employed outside prison establishments under a hiring arrangement or in penal camps remain under the control of the prison staff.

In view of the foregoing, the Committee requests the Government to indicate whether, in practice, persons convicted in a court of law are hired to private enterprises and to indicate what measures are taken to ensure that the consent of the persons concerned is free and informed. Please indicate in particular what consequences would result from refusing to work for a private enterprise, for example, with regard to the possibilities for conditional release in the event of such refusal, and specify the level of remuneration actually received by prisoners as compared to free workers in the same occupational category, the daily, weekly and monthly working hours actually in force, as well as measures taken concerning the occupational safety and health of prisoners.

Article 2(2)(a). National service. In its previous observations the Committee took note of the indications of the Government that it was contemplating the amendment of Ordinance No. 78-002 of 16 February 1978 setting forth general principles of national service, which define national service as the compulsory participation of young Malagasies in national defence and in the economic and social development of the country. The Committee noted that, according to the Government’s report, changes were to be made and would be communicated in due course. Having received no fresh information on this matter, the Committee must point out once again that to force young people to participate in development work as part of compulsory military service, or as an alternative thereto, is incompatible with the Convention. It again expresses the hope that the Government will take the necessary steps to bring the legislation into line with the Convention, in particular by ensuring that participation by young persons in national service is voluntary and that work required under military service laws is of a purely military character.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

Article 2, paragraphs 1 and 2, of the Convention. Compulsory labour. The Committee notes that section 4 of the new Labour Code prohibits forced labour and that this provision takes up the definition of forced labour contained in the Convention. The Committee notes that this prohibition does not apply to work, services or assistance required in the case of robbery, pillage, flagrant offence, public disturbances or judicial execution. The Committee requests the Government to indicate the conditions under which such work is carried out and the circumstances in which it is imposed so that it can assess the extent to which it is covered by the exceptions set out in the Convention.

The Committee notes the information provided by the Government on the work of collective interest carried out under the terms of a freely approved agreement by the members of "fokonolona".

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. Article 2, paragraph 2(c), of the Convention. Prison labour. Hiring of prison labour to private enterprises. For several years, the Committee has been drawing the Government’s attention to Decree No. 59-121 of 27 October 1959 (as amended by Decree No. 63-167 of 6 March 1963) to establish the organization of the prison services, under which prison labour may be hired to private enterprises and prison work may be imposed on persons detained pending trial. The Committee requested the Government to amend or repeal the legislation in question so as to give effect to the Convention. The Committee notes the information provided by the Government that draft regulations setting out the conditions for such hiring have been drawn up and that a system of work of general interest is envisaged as an alternative to imprisonment.

The Committee notes with interest section 4(4) of the new Labour Code. Under the terms of this provision, the hiring of prison labour free of charge to private individuals, enterprises or associations is prohibited.

With regard to the hiring of prison labour to private enterprises, the Committee has considered that, where guarantees are provided that those concerned accept work voluntarily without being subjected to pressure or the menace of any penalty, such work would not be in contradiction with the requirements of the Convention. The Government has often indicated in its reports that prisoners accept work for private enterprises voluntarily as a means of improving their conditions of detention. The Committee observes that, to bring the legislation into conformity with the practice followed, it would be necessary to amend Decree No. 59-121 so that it provides explicitly that prisoners must give their consent to work for private enterprises. It also recalls that work by prisoners for private enterprises can only be compatible with Article 2, paragraph 2(c), of the Convention where the prisoners work under conditions of employment approximating a free labour relationship with regard to wage levels, social security and safety and health. Moreover, the existence of such conditions is the most reliable indicator of the voluntary nature of the work. The Committee observes that, while the prohibition of the free hiring of prison labour constitutes progress, it is still necessary to ensure that the conditions of employment approximate those of a free labour relationship.

With regard to the imposition of work on persons who are detained pending trial, the Committee recalls that the requirement in the Convention that prisoners may only be compelled to work as a consequence of a conviction in a court of law, but that it does not prevent work opportunities of a purely voluntary nature from being offered to persons who are detained, but not convicted.

The Committee notes that under the terms of section 4(4) of the new Labour Code (Act No. 2003-044), the imposition of work on persons detained pending trial is prohibited, but that Decree No. 59-121 has not yet been amended accordingly.

The Committee hopes that the Government will be able to inform it of the amendment of Decree No. 59-121 in its next report.

2. Article 2, paragraph 2(a). National service. The Committee noted in its previous observation the Government’s indications that the revision was being considered of Ordinance No. 78-002 of 16 February 1978 on the general principles of national service, which define national service as the compulsory participation of young Malagasies in national defence and in the economic and social development of the country. The Committee notes from the Government’s reports that changes will be made and transmitted at the appropriate time.

The Committee recalls once again that forcing young people to participate in development work as part of compulsory military service, or as an alternative thereto, is incompatible with the Convention. It once again hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention, in particular by ensuring that young boys and girls participate in national service on a voluntary basis and that the work required under military service laws is of a purely military character.

The Committee also requested the Government to provide copies of Acts Nos. 94-018 and 94-033, which repeal Act No. 68-018 and Decree No. 92-353. Despite the Government’s indications, the Committee notes that copies of these texts were not attached to the report, and it hopes that they will be received with the Government’s next report.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that no report has been received from the Government. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request.

The Committee has noted that, according to section 3 of the Labour Code, forced or compulsory labour is forbidden, but this interdiction does not apply to works, services or assistance required in the case of robbery, pillage, flagrant offence, public complaints or judicial execution (section 3.1). The Committee requests the Government to indicate the kind of labours that can be imposed in these cases, and the circumstances in which these works are imposed.

According to section 3, paragraph 2, works of general interest performed to comply with a convention freely approved by the members of "fokonolona" and which become executive or in the framework of small works for the village, are not considered forced labour.

The Committee requests the Government to supply information on the kind of works considered of general interest and on the sanctions applied in case persons do not comply with the execution of such works.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following matters:

1. Prison labour. For several years the Committee has drawn the Government’s attention to Decree No. 59-121 of 27 October 1959 (amended by Decree No. 63-167 of 6 March 1963) to establish the organization of the prison services, under which prison labour may be hired to private undertakings and prison work may be imposed on persons detained pending trial. The Committee requested the Government to repeal or to amend the legislation in question so as to bring it into conformity with the Convention. In the Government’s previous reports, the Committee noted with interest the renewed statements to the effect that the hiring of prison labour had been abolished by Circular No. 10-MJ/DIR/CAB/C of 1 July 1970 and that people detained pending trial were no longer forced to undertake prison labour. The Committee also noted the repeated information provided by the Government according to which the revision of Decree No. 59-121 was being studied. The Government indicated that the hiring of prison labour was still justified by the general economic recession prevailing in the country, since the administration has only a limited budget available which does not allow it to guarantee the vital minimum (food and shelter) for the prison population.

The Committee recalled that under Article 2, paragraph 2(c), of the Convention, a prisoner shall not be hired or placed at the disposal of private individuals, companies or associations even if these are entrusted with carrying out public works. The Committee also referred the Government to the explanations provided in paragraphs 97-101 of its 1979 General Survey on the abolition of forced labour.

The Committee observes that the last report of the Government does not contain information on this question.

The Committee notes that a week of sensitization on the ILO Declaration on Fundamental Principles and Rights at Work, and more particularly on the prohibition of forced labour, was organized from 7 to 13 October 2001 in Antananarivo with assistance from the ILO, and that a national survey on the reality of forced labour in Madagascar is under way. In the framework of this programme, it is planned to examine with the relevant ministries the follow-up to the observations of the Committee.

The Committee hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention, in particular by prohibiting the hiring of prison labour to private contractors and the imposition of prison labour on persons detained pending trial.

2. National service. The Committee noted the information supplied by the Government in its report on the points raised by the Committee concerning national service. The Committee notes that Act No. 68-018 has been repealed by Act No. 94-018 and that Decree No. 92.353 has also been repealed by Act No. 94-033. The Committee requests the Government to supply a copy of the repealing Acts.

Concerning Ordinance No. 78-002 of 16 February 1978 on the general principles of national service, which defines national service as the compulsory participation of young Malagasies in national defence and in the economic and social development of the country, the Committee noted the information provided by the Government, according to which the political and social context has changed considerably since 1978 and, consequently, Ordinance No. 78-002 of 16 February 1978 to introduce national service has been rendered obsolete.

The Government indicated that it was considering the revision of Ordinance No. 78-002.

The Committee recalls once again that forcing young people to participate in development work as part of compulsory military service - or as an alternative thereto - is incompatible with the forced labour Convention. The Committee again expresses the hope that the Government will take the necessary measures to bring the legislation into conformity with the Convention, in particular by ensuring that young boys and young girls participate in national service on a voluntary basis and that the service required under the military service laws is of a purely military character.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that, according to section 3 of the Labour Code, forced or compulsory labour is forbidden, but this interdiction does not apply to works, services or assistance required in the case of robbery, pillage, flagrant offence, public complaints or judicial execution (section 3.1). The Committee requests the Government to indicate the kind of labours that can be imposed in these cases, and the circumstances in which these works are imposed.

According to section 3, paragraph 2, works of general interest performed to comply with a convention freely approved by the members of "fokonolona" and which become executive or in the framework of small works for the village, are not considered forced labour.

The Committee requests the Government to supply information on the kind of works considered of general interest and on the sanctions applied in case persons do not comply with the execution of such works.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

1. Prison labour. For several years the Committee has drawn the Government’s attention to Decree No. 59-121 of 27 October 1959 (amended by Decree No. 63-167 of 6 March 1963) to establish the organization of the prison services, under which prison labour may be hired to private undertakings and prison work may be imposed on persons detained pending trial. The Committee requested the Government to repeal or to amend the legislation in question so as to bring it into conformity with the Convention. In the Government’s previous reports, the Committee noted with interest the renewed statements to the effect that the hiring of prison labour had been abolished by Circular No. 10-MJ/DIR/CAB/C of 1 July 1970 and that people detained pending trial were no longer forced to undertake prison labour. The Committee also noted the repeated information provided by the Government according to which the revision of Decree No. 59-121 was being studied. The Government indicated that the hiring of prison labour was still justified by the general economic recession prevailing in the country, since the administration has only a limited budget available which does not allow it to guarantee the vital minimum (food and shelter) for the prison population.

The Committee recalled that under Article 2, paragraph 2(c), of the Convention, a prisoner shall not be hired or placed at the disposal of private individuals, companies or associations even if these are entrusted with carrying out public works. The Committee also referred the Government to the explanations provided in paragraphs 97-101 of its 1979 General Survey on the abolition of forced labour.

The Committee observes that the last report of the Government does not contain information on this question.

The Committee notes that a week of sensitization on the ILO Declaration on Fundamental Principles and Rights at Work, and more particularly on the prohibition of forced labour, was organized from 7 to 13 October 2001 in Antananarivo with assistance from the ILO, and that a national survey on the reality of forced labour in Madagascar is under way. In the framework of this programme, it is planned to examine with the relevant ministries the follow-up to the observations of the Committee.

The Committee hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention, in particular by prohibiting the hiring of prison labour to private contractors and the imposition of prison labour on persons detained pending trial.

2. National service. The Committee notes the information supplied by the Government in its report on the points raised by the Committee concerning national service. The Committee notes that Act No. 68-018 has been repealed by Act No. 94-018 and that Decree No. 92.353 has also been repealed by Act No. 94-033. The Committee requests the Government to supply a copy of the repealing Acts.

Concerning Ordinance No. 78-002 of 16 February 1978 on the general principles of national service, which defines national service as the compulsory participation of young Malagasies in national defence and in the economic and social development of the country, the Committee noted the information provided by the Government, according to which the political and social context has changed considerably since 1978 and, consequently, Ordinance No. 78-002 of 16 February 1978 to introduce national service has been rendered obsolete.

In its last report the Government indicates that it is considering the revision of Ordinance No. 78-002.

The Committee recalls once again that forcing young people to participate in development work as part of compulsory military service - or as an alternative thereto - is incompatible with the forced labour Convention. The Committee again expresses the hope that the Government will take the necessary measures to bring the legislation into conformity with the Convention, in particular by ensuring that young boys and young girls participate in national service on a voluntary basis and that the service required under the military service laws is of a purely military character.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Referring to the general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage normally applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoners' work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation on the following matters:

1. Prison labour. For several years the Committee has drawn the Government's attention to Decree No. 59-121 of 27 October 1959 (amended by Decree No. 63-167 of 6 March 1963) to establish the organization of the prison services, under which prison labour may be hired to private undertakings and prison work may be imposed on persons detained pending trial. The Committee requested the Government to repeal or to amend the legislation in question so as to bring it into conformity with the Convention. In the Government's previous reports, the Committee noted with interest the renewed statements to the effect that the hiring of prison labour had been abolished in Circular No. 10-MJ/DIR/CAB/C of 1 July 1970 and that people detained pending trial were no longer forced to undertake prison labour. The Committee also noted the repeated information provided by the Government according to which the revision of Decree No. 59-121 was being studied. In its report received in 1996, the Government indicates that the hiring of prison labour is still justified by the general economic recession prevailing in the country, since the administration has only a limited budget available which does not allow it to guarantee the vital minimum (food and shelter) for the prison population. The Government adds that the hiring of prison labour is permitted under section 70 of Decree No. 59-121, provided that the work undertaken is for the good of the country. The Committee recalls that under Article 2, paragraph 2(c), of the Convention, a prisoner shall not be hired or placed at the disposal of private individuals, companies or associations even if they are responsible for carrying out public works. The Committee also refers the Government to the explanations provided in paragraphs 97-101 of its 1979 General Survey on the abolition of forced labour. The Committee hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention, in particular by prohibiting, on the one hand, the hiring of prison labour to private individuals and, on the other hand, the imposition of prison labour on people detained pending trial. 2. National service. In its previous comments, the Committee referred to Act No. 68-018 of 6 December 1968 and to Ordinance No. 78-002 of 16 February 1978 relating to the general principles of national service, which define national service as the compulsory participation of all Malagasies in national defence and in the economic and social development of the country. The Committee also noted various texts which either referred to the powers of the military committee for developments with regard to work in support of the local communities or laid down the procedure for incorporation into national service of young school-leavers and recruits of a particular age group, or changed the name of the units responsible for development (development forces), subject to the threat of various penalties and sanctions. The Committee drew the Government's attention to the fact that under Decree No. 92-353 fixing the conditions for recruitment and methods for enforcing the obligations of national service on school-leavers, there is no act of voluntary nature in relation to the performance of national service, but merely with regard to the sector of assignment (outside the people's armed forces). Furthermore, the Committee notes that Decree No. 92-353 was adopted pursuant to sections 2 and 4 of Ordinance No. 78-002. Under Act No. 68-018 and Ordinance No. 78-002, national service is defined as the compulsory participation, imposed for a period of up to two years, of part of the population, namely young Malagasies from 18 to 35 years of age, in the activities of national defence and the economic and social development of the country, under the threat of various penalties and sanctions. The Committee recalls once again that forcing young people to participate in development work as part of compulsory military service - or as an alternative thereto - is incompatible with the Forced Labour Convention. Military service is excluded from the scope of the Convention only if it is confined to "work of a purely military character". In this regard, the Committee refers the Government to the explanations given in paragraphs 25, 27, 28, 29, 31, 32, 49 and 56-61 of its 1979 General Survey on the abolition of forced labour in which it provides clarifications as to the link between certain compulsory programmes involving the participation of young people in activities for the economic and social development of the country, and the Convention. The Committee again expresses the hope that the Government will take the necessary measures to bring the legislation into conformity with the Convention, in particular by ensuring that young boys and young girls participate in national service on a voluntary basis and that the services required under the military service laws are of a purely military character. The Committee notes the information provided by the Government according to which the political and social context has changed considerably since 1978 and consequently, the fact that Ordinance No. 78.002 of 16 February 1978 to introduce national service has lapsed may be invoked. It therefore requests the Government to repeal Ordinance No. 78.002 and Decree No. 92-353 so as to ensure the observance of the Convention.

END OF REPETITION

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Prison labour. For several years the Committee has drawn the Government's attention to Decree No. 59-121 of 27 October 1959 (amended by Decree No. 63-167 of 6 March 1963) to establish the organization of the prison services, under which prison labour may be hired to private undertakings and prison work may be imposed on persons detained pending trial. The Committee requested the Government to repeal or to amend the legislation in question so as to bring it into conformity with the Convention. In the Government's previous reports, the Committee noted with interest the renewed statements to the effect that the hiring of prison labour had been abolished in Circular No. 10-MJ/DIR/CAB/C of 1 July 1970 and that people detained pending trial were no longer forced to undertake prison labour. The Committee also noted the repeated information provided by the Government according to which the revision of Decree No. 59-121 was being studied. In its last report received in 1996, the Government indicates that the hiring of prison labour is still justified by the general economic recession prevailing in the country, since the administration has only a limited budget available which does not allow it to guarantee the vital minimum (food and shelter) for the prison population. The Government adds that the hiring of prison labour is permitted under section 70 of Decree No. 59-121, provided that the work undertaken is for the good of the country. The Committee reminds the Government that under Article 2, paragraph 2(c), of the Convention, a prisoner shall not be hired or placed at the disposal of private individuals, companies or associations even if they are responsible for carrying out public works. The Committee also refers the Government to the explanations provided in paragraphs 97-101 of its General Survey of 1979 on the abolition of forced labour. The Committee hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention, in particular by prohibiting, on the one hand, the hiring of prison labour to private individuals and, on the other hand, the imposition of prison labour on people detained pending trial. 2. National service. In its previous comments, the Committee referred to Act No. 68-018 of 6 December 1968 and to Ordinance No. 78-002 of 16 February 1978 relating to the general principles of national service, which define national service as the compulsory participation of all Malagasies in national defence and in the economic and social development of the country. The Committee also noted various texts which either referred to the powers of the military committee for developments with regard to work in support of the local communities or laid down the procedure for incorporation into national service of young school-leavers and recruits of a particular age group, or changed the name of the units responsible for development (development forces), subject to the threat of various penalties and sanctions. The Committee drew the Government's attention to the fact that under Decree No. 92-353 fixing the conditions for recruitment and methods for enforcing the obligations of national service on school-leavers, the Voluntary Nature Act in question relates not to the performance of national service, but to the sector of assignment (outside the people's armed forces). Furthermore, the Committee notes that Decree No. 92-353 was adopted pursuant to sections 2 and 4 of Ordinance No. 78-002. Under Act No. 68-018 and Ordinance No. 78-002, national service is defined as the compulsory participation, imposed for a period of up to two years, of part of the population, namely young Malagasies from 18 to 35 years of age, in the activities of national defence and the economic and social development of the country, under the threat of various penalties and sanctions. The Committee reminds the Government once again that forcing young people to participate in development work as part of compulsory military service -- or as an alternative thereto -- is incompatible with the Forced Labour Convention. Military service is excluded from the scope of the Convention only if it is confined to "work of a purely military character". In this regard, the Committee refers the Government to the explanations given in paragraphs 25, 27, 28, 29, 31, 32, 49 and 56-61 of its General Survey of 1979 on the abolition of forced labour in which it provides clarifications as to the link between certain compulsory programmes involving the participation of young people in activities for the economic and social development of the country, and the Convention. The Committee again expresses the hope that the Government will take the necessary measures to bring the legislation into conformity with the Convention, in particular by ensuring that young boys and young girls participate in national service on a voluntary basis and that the services required under the military service laws are of a purely military character. The Committee notes the information provided by the Government according to which the political and social context has changed considerably since 1978 and consequently, the fact that Ordinance No. 78.002 of 16 February 1978 to introduce national service has lapsed may be invoked. It therefore requests the Government to repeal Ordinance No. 78.002 and Decree No. 92-353 so as to ensure that the Convention is respected.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

1. Prison labour.For several years the Committee has drawn the Government's attention to Decree No. 59-121 of 27 October 1959 (amended by Decree No. 63-167 of 6 March 1963) to establish the organization of the prison services, under which prison labour may be hired to private undertakings and prison work may be imposed on persons detained pending trial. The Committee requested the Government to repeal or to amend the legislation in question so as to bring it into conformity with the Convention.

In the Government's previous reports, the Committee noted with interest the renewed statements to the effect that the hiring of prison labour had been abolished in Circular No. 10-MJ/DIR/CAB/C of 1 July 1970 and that people detained pending trial were no longer forced to undertake prison labour. The Committee also noted the repeated information provided by the Government according to which the revision of Decree No. 59-121 was being studied.

In its last report received in 1996, the Government indicates that the hiring of prison labour is still justified by the general economic recession prevailing in the country, since the administration has only a limited budget available which does not allow it to guarantee the vital minimum (food and shelter) for the prison population. The Government adds that the hiring of prison labour is permitted under section 70 of Decree No. 59-121, provided that the work undertaken is for the good of the country.

The Committee reminds the Government that under Article 2, paragraph 2(c), of the Convention, a prisoner shall not be hired or placed at the disposal of private individuals, companies or associations even if they are responsible for carrying out public works. The Committee also refers the Government to the explanations provided in paragraphs 97-101 of its General Survey of 1979 on the abolition of forced labour.

The Committee hopes that the Government will take the necessary measures to bring the legislation into conformity with the Convention, in particular by prohibiting, on the one hand, the hiring of prison labour to private individuals and, on the other hand, the imposition of prison labour on people detained pending trial.

2. National service.In its previous comments, the Committee referred to Act No. 68-018 of 6 December 1968 and to Ordinance No. 78-002 of 16 February 1978 relating to the general principles of national service, which define national service as the compulsory participation of all Malagasies in national defence and in the economic and social development of the country. The Committee also noted various texts which either referred to the powers of the military committee for developments with regard to work in support of the local communities or laid down the procedure for incorporation into national service of young school-leavers and recruits of a particular age group, or changed the name of the units responsible for development (development forces), subject to the threat of various penalties and sanctions.

The Committee drew the Government's attention to the fact that under Decree No. 92-353 fixing the conditions for recruitment and methods for enforcing the obligations of national service on school-leavers, the Voluntary Nature Act in question relates not to the performance of national service, but to the sector of assignment (outside the people's armed forces).

Furthermore, the Committee notes that Decree No. 92-353 was adopted pursuant to sections 2 and 4 of Ordinance No. 78-002. Under Act No. 68-018 and Ordinance No. 78-002, national service is defined as the compulsory participation, imposed for a period of up to two years, of part of the population, namely young Malagasies from 18 to 35 years of age, in the activities of national defence and the economic and social development of the country, under the threat of various penalties and sanctions.

The Committee reminds the Government once again that forcing young people to participate in development work as part of compulsory military service -- or as an alternative thereto -- is incompatible with the Forced Labour Convention. Military service is excluded from the scope of the Convention only if it is confined to "work of a purely military character". In this regard, the Committee refers the Government to the explanations given in paragraphs 25, 27, 28, 29, 31, 32, 49 and 56-61 of its General Survey of 1979 on the abolition of forced labour in which it provides clarifications as to the link between certain compulsory programmes involving the participation of young people in activities for the economic and social development of the country, and the Convention.

The Committee again expresses the hope that the Government will take the necessary measures to bring the legislation into conformity with the Convention, in particular by ensuring that young boys and young girls participate in national service on a voluntary basis and that the services required under the military service laws are of a purely military character.

The Committee notes the information provided by the Government according to which the political and social context has changed considerably since 1978 and consequently, the fact that Ordinance No. 78.002 of 16 February 1978 to introduce national service has lapsed may be invoked. It therefore requests the Government to repeal Ordinance No. 78.002 and Decree No. 92-353 so as to ensure that the Convention is respected.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

1. Article 2, paragraph 2(c), of the Convention. In previous comments, the Committee referred to the provisions of Decree No. 59-121 of 27 October 1959 (amended by a Decree of 6 March 1963), to establish the general organization of the prison services, under which prison labour may be hired to private undertakings and prison work may be imposed on persons detained pending trial. The Committee noted the Government's statements that, following comments by the Committee of Experts, the hiring of prison labour to private individuals has been abolished by repeated circulars and that persons awaiting trial are no longer forced to perform prison work. The Committee also noted that the revision of Decree No. 59-121 was under study.

In its latest report, the Government indicates that Decree No. 59-121 has still not been amended. The Committee again expresses the hope that this text will be amended in the near future in order to bring the law into conformity with the Convention on this point.

2. In earlier comments, the Committee referred to Act No. 68-018 of 6 December 1968 and to Ordinance No. 78-002 of 16 February 1978 respecting the general principles of national service, which define national service as the compulsory participation of all Malagasies in national defence and in the economic and social development of the country. It also noted the provisions of section 8 of Ordinance No. 78-003 of 6 March 1978 establishing the conditions of service of staff liable to national service obligations on the active and reserve lists, under which members of the armed forces performing their service outside the armed forces are referred to by their functions (teachers, doctors, telegraphists, etc.), followed by the term "national service". Lastly, it noted the various texts that either referred to the powers of the military committee for developments with regard to work in support of the local communities, or laid down the procedure for incorporation in national service of young school-leavers and recruits of a particular age group, or changed the name of the units responsible for development (development forces).

The Committee notes that under the first section of Decree No. 92-353 communicated by the Government, young men and women of Malagasy nationality who are holders of a baccalaureate qualification may perform national service "outside the people's armed forces" on a voluntary basis, under certain conditions, including that of "agreeing to serve in the post designated by the military commander". The Committee notes that the voluntary nature act relates not to performance of the national service but to the sector of assignment (outside the people's armed forces).

The Committee recalled once again that under the provisions of Act No. 68-018 and Ordinance No. 78-002, national service is defined as the compulsory participation, imposed for a period of up to two years, of part of the population, namely young Malagasies from 18 to 35 years old, under the threat of various penalties and sanctions, in the activities of national defence and the economic and social development of the country.

In this regard, the Committee observes that under Article 2, paragraph 2(a), of the Convention, compulsory military service is excluded from the scope of the Convention only if it is confined to work of a purely military character. The Committee recalled in paragraphs 25 and 49 of its General Survey of 1979 on the Abolition of Forced Labour that when adopting the Recommendation (No. 136) on the Special Youth Schemes Recommendation, 1970, the International Labour Conference rejected the proposal to permit participation by young people in national development schemes in the framework of compulsory military service or as an alternative to such service, on the grounds that it was incompatible with the Conventions on forced labour.

The Committee draws the Government's attention to paragraphs 27 to 29, 31-32 and 56 to 61 of the same penal survey in which it set forth the clarification made by the Conference deliberations on the 1970 Recommendation to the subject of the relationship between the Conventions on forced labour and certain compulsory programmes involving participation by young people in activities to promote the economic and social development of the country.

The Committee requests the Government to take the necessary measures to ensure full application of the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee noted the statement by the Government representative to the Conference Committee in June 1992 to the effect that the Government took its obligations in respect of ratified Conventions seriously, and particularly with regard to Convention No. 29, on which a detailed report was to be sent in the very near future. The Government representative also stated that the compulsory nature of national service had been abolished. The Committee notes, however, with regret, that since 1990, no report has been received from the Government. It is, therefore, obliged to repeat its previous observation, which read as follows: 1. Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee referred to the provisions of Decree No. 59-121 of 27 October 1959 (amended by a Decree of 6 March 1963) to establish the general organization of the prison services, under which prison labour may be hired to private undertakings and prison work may be imposed on persons detained pending trial. The Committee noted the Government's statements that the hiring of prison labour to private individuals has been abolished by repeated circulars and that persons awaiting trial are no longer forced to perform prison work, following comments by the Committee of Experts. It also noted that the revision of Decree No. 59-121 was under study. The Committee noted the indications communicated by the Government in its report for the period ending 30 June 1989, to the effect that Decree No. 59-121 had not yet been amended. It expresses again the hope that it will be amended in the near future in order to bring the law into conformity with the Convention on this essential point. 2. In earlier comments, the Committee referred to Act No. 68-018 of 6 December 1968 and to Ordinance No. 78-002 of 16 February 1978 respecting the general principles of national service, which define national service as the compulsory participation of all Malagasies in national defence and in the economic and social development of the country. It also noted the provisions of section 8 of Ordinance No. 78-003 of 6 March 1978 establishing the conditions of service of staff liable to national service obligations on the active and reserve lists, under which members of the armed forces performing their service outside the armed forces are referred to by their functions (teachers, doctors, telegraphists, etc.) followed by the term "national service". Lastly, it noted the various texts that either referred to the powers of the military committee for development with regard to work in support of the local communities, or laid down the procedure for the incorporation in national service of young school-leavers and recruits of a particular age group, or changed the name of the units responsible for development (development forces). The Committee recalled that under the provisions of Act No. 68-018 and Ordinance No. 78-002, national service is defined as the compulsory participation, imposed for a period of up to two years, of part of the population, namely young Malagasies from 18 to 35 years old, under the threat of various penalties and sanctions, in the activities of national defence and the economic and social development of the country. The Committee referred to Article 2, paragraph 2(a), of the Convention under which compulsory military service, if it is confined to work of a purely military character, does not come within the scope of the Convention. It pointed out that work imposed on recruits under national service, and in particular work relating to the economic and social development of the country, is not of a purely military character. The Committee noted the Government's statement that national service was established with a view to fostering economic and social development and had helped to reduce illiteracy in certain regions, and that secondary school-leavers joined up voluntarily.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to report in detail by 1 September 1995, at the latest.]

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee noted the statement by the Government representative to the Conference Committee in June 1992 to the effect that the Government took its obligations in respect of ratified Conventions seriously, and particularly with regard to Convention No. 29, on which a detailed report was to be sent in the very near future. The Government representative also stated that the compulsory nature of national service had been abolished. The Committee notes, however, with regret, that the Government's report has not been received once again. It is therefore bound to repeat its previous observation, which read as follows:

1. Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee referred to the provisions of Decree No. 59-121 of 27 October 1959 (amended by a Decree of 6 March 1963) to establish the general organization of the prison services, under which prison labour may be hired to private undertakings and prison work may be imposed on persons detained pending trial. The Committee noted the Government's statements that the hiring of prison labour to private individuals has been abolished by repeated circulars and that persons awaiting trial are no longer forced to perform prison work, following comments by the Committee of Experts. It also noted that the revision of Decree No. 59-121 was under study. The Committee noted the indications communicated by the Government in its report for the period ending 30 June 1989, to the effect that Decree No. 59-121 had not yet been amended. It expresses again the hope that it will be amended in the near future in order to bring the law into conformity with the Convention on this essential point. 2. In earlier comments, the Committee referred to Act No. 68-018 of 6 December 1968 and to Ordinance No. 78-002 of 16 February 1978 respecting the general principles of national service, which define national service as the compulsory participation of all Malagasies in national defence and in the economic and social development of the country. It also noted the provisions of section 8 of Ordinance No. 78-003 of 6 March 1978 establishing the conditions of service of staff liable to national service obligations on the active and reserve lists, under which members of the armed forces performing their service outside the armed forces are referred to by their functions (teachers, doctors, telegraphists, etc.) followed by the term "national service". Lastly, it noted the various texts that either referred to the powers of the military committee for development with regard to work in support of the local communities, or laid down the procedure for the incorporation in national service of young school-leavers and recruits of a particular age group, or changed the name of the units responsible for development (development forces). The Committee recalled that under the provisions of Act No. 68-018 and Ordinance No. 78-002, national service is defined as the compulsory participation, imposed for a period of up to two years, of part of the population, namely young Malagasies from 18 to 35 years old, under the threat of various penalties and sanctions, in the activities of national defence and the economic and social development of the country. The Committee referred to Article 2, paragraph 2(a), of the Convention under which compulsory military service, if it is confined to work of a purely military character, does not come within the scope of the Convention. It pointed out that work imposed on recruits under national service, and in particular work relating to the economic and social development of the country, is not of a purely military character. The Committee noted the Government's statement that national service was established with a view to fostering economic and social development and had helped to reduce illiteracy in certain regions, and that secondary school-leavers joined up voluntarily.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

[The Government is asked to report in detail for the period ending 30 June 1994.]

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes the statement by the Government representative to the Conference Committee in June 1992 to the effect that the Government took its obligations in respect of ratified Conventions seriously, and particularly with regard to Convention No. 29, on which a detailed report was to be sent in the very near future. He also stated that the compulsory nature of national service had been abolished. The Committee notes, however, with regret, that the Government's report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

1. Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee referred to the provisions of Decree No. 59-121 of 27 October 1959 (amended by a Decree of 6 March 1963) to establish the general organization of the prison services, under which prison labour may be hired to private undertakings and prison work may be imposed on persons detained pending trial. The Committee noted the Government's statements that the hiring of prison labour to private individuals has been abolished by repeated circulars and that persons awaiting trial are no longer forced to perform prison work, following comments by the Committee of Experts. It also noted that the revision of Decree No. 59-121 was under study. The Committee noted the indications communicated by the Government in its report for the period ending 30 June 1989, to the effect that Decree No. 59-121 had not yet been amended. It expresses again the hope that it will be amended in the near future in order to bring the law into conformity with the Convention on this essential point. 2. In earlier comments, the Committee referred to Act No. 68-018 of 6 December 1968 and to Ordinance No. 78-002 of 16 February 1978 respecting the general principles of national service, which define national service as the compulsory participation of all Malagasies in national defence and in the economic and social development of the country. It also noted the provisions of section 8 of Ordinance No. 78-003 of 6 March 1978 establishing the conditions of service of staff liable to national service obligations on the active and reserve lists, under which members of the armed forces performing their service outside the armed forces are referred to by their functions (teachers, doctors, telegraphists, etc.) followed by the term "national service". Lastly, it noted the various texts that either referred to the powers of the military committee for development with regard to work in support of the local communities, or laid down the procedure for the incorporation in national service of young school-leavers and recruits of a particular age group, or changed the name of the units responsible for development (development forces). The Committee recalled that under the provisions of Act No. 68-018 and Ordinance No. 78-002, national service is defined as the compulsory participation, imposed for a period of up to two years, of part of the population, namely young Malagasies from 18 to 35 years old, under the threat of various penalties and sanctions, in the activities of national defence and the economic and social development of the country. The Committee referred to Article 2, paragraph 2(a), of the Convention under which compulsory military service, if it is confined to work of a purely military character, does not come within the scope of the Convention. It pointed out that work imposed on recruits under national service, and in particular work relating to the economic and social development of the country, is not of a purely military character. The Committee noted the Government's statement that national service was established with a view to fostering economic and social development and had helped to reduce illiteracy in certain regions, and that secondary school-leavers joined up voluntarily.

The Committee hopes that the Government will make every effort to take the necessary measures in the very near future.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that no report has been received from the Government. It must therefore repeat its previous observation on the following points:

1. Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee referred to the provisions of Decree No. 59-121 of 27 October 1959 (amended by a Decree of 6 March 1963) to establish the general organisation of the prison services, under which prison labour may be hired to private undertakings and prison work may be imposed on persons detained pending trial. The Committee noted the Government's statements that the hiring of prison labour to private individuals have been abolished by repeated circulars and that persons awaiting trial are no longer forced to perform prison work, following comments by the Committee of Experts. It also noted that the revision of Decree No. 59-121 was under study. The Committee noted the indications communicated by the Government in its report for the period ending 30 June 1989, to the effect that Decree No. 59-121 had not yet been amended. It expresses again the hope that it will be amended in the near future in order to bring the law into conformity with the Convention on this essential point. 2. In earlier comments, the Committee referred to Act No. 68-018 of 6 December 1968 and to Ordinance No. 78-002 of 16 February 1978 respecting the general principles of national service, which define national service as the compulsory participation of all Malagasies in national defence and in the economic and social development of the country. It also noted the provisions of section 8 of Ordinance No. 78-003 of 6 March 1978 establishing the conditions of service of staff liable to national service obligations on the active and reserve lists, under which members of the armed forces performing their service outside the armed forces are referred to by their functions (teachers, doctors, telegraphists, etc.) followed by the term "national service". Lastly, it noted the various texts that either referred to the powers of the military committee for development with regard to work in support of the local communities, or laid down the procedure for the incorporation in national service of young school-leavers and recruits of a particular age group, or changed the name of the units responsible for development (development forces). The Committee recalled that under the provisions of Act No. 68-018 and Ordinance No. 78-002, national service is defined as the compulsory participation, imposed for a period of up to two years, of part of the population, namely young Malagasies from 18 to 35 years old, under the threat of various penalties and sanctions, in the activities of national defence and the economic and social development of the country. The Committee referred to Article 2, paragraph 2(a), of the Convention under which compulsory military service, if it is confined to work of a purely military character, does not come within the scope of the Convention. It pointed out that work imposed on recruits under national service, and in particular work relating to the economic and social development of the country, is not of a purely military character. The Committee noted the Government's statement that national service was established with a view to fostering economic and social development and had helped to reduce illiteracy in certain regions, and that secondary school-leavers joined up voluntarily. The Committee asked the Government to indicate the measures taken or under consideration to bring the national legislation into line with the provisions.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Article 2, paragraph 2(c), of the Convention. In its previous comments, the Committee referred to the provisions of Decree No. 59-121 of 27 October 1959 (amended by a Decree of 6 March 1963) to establish the general organisation of the prison services, under which prison labour may be hired to private undertakings and prison work may be imposed on persons detained pending trial. The Committee noted the Government's statements that the hiring of prison labour to private individuals have been abolished by repeated circulars and that persons awaiting trial are no longer forced to perform prison work, following comments by the Committee of Experts. It also noted that the revision of Decree No. 59-121 was under study.

The Committee notes the indications communicated by the Government in its report, to the effect that Decree No. 59-121 has not yet been amended. It expresses the hope that it will be amended in the near future in order to bring the law into conformity with the Convention on this essential point.

2. In earlier comments, the Committee referred to Act No. 68-018 of 6 December 1968 and to Ordinance No. 78-002 of 16 February 1978 respecting the general principles of national service, which define national service as the compulsory participation of all Malagasies in national defence and in the economic and social development of the country. It also noted the provisions of section 8 of Ordinance No. 78-003 of 6 March 1978 establishing the conditions of service of staff liable to national service obligations on the active and reserve lists, under which members of the armed forces performing their service outside the armed forces are referred to by their functions (teachers, doctors, telegraphists, etc.) followed by the term "national service". Lastly, it noted the various texts that either referred to the powers of the military committee for development with regard to work in support of the local communities, or laid down the procedure for the incorporation in national service of young school-leavers and recruits of a particular age group, or changed the name of the units responsible for development (development forces).

The Committee recalled that under the provisions of Act No. 68-018 and Ordinance No. 78-002, national service is defined as the compulsory participation, imposed for a period of up to two years, of part of the population, namely young Malagasies from 18 to 35 years old, under the threat of various penalties and sanctions, in the activities of national defence and the economic and social development of the country. The Committee referred to Article 2, paragraph 2(a), of the Convention under which compulsory military service, if it is confined to work of a purely military character, does not come within the scope of the Convention. It pointed out that work imposed on recruits under national service, and in particular work relating to the economic and social development of the country, is not of a purely military character.

The Committee notes the Government's statement that national service was established with a view to fostering economic and social development and had helped to reduce illiteracy in certain regions, and that secondary school-leavers joined up voluntarily.

The Committee asks the Government to indicate the measures taken or under consideration to bring the national legislation into line with the provisions of the Convention and with the practice described by the Government, by establishing the voluntary nature of participation in national service programmes.

3. The Committee referred previously to the provisions of Ordinance No. 80-013 of 7 May 1980 respecting the establishment and rules of the Military Office for Agricultural Production (OMIPRA) and of Decree No. 80-102 of 7 May 1980 respecting the organisation of the above Office, under which the functions of the OMIPRA include developing, cultivating and exploiting new land with military and civilian personnel. It noted the information provided by the Government to the effect that, by virtue of Decree No. 83-402 of 23 November 1983, the functions attributed to the Military Office for Agricultural Production are entrusted to the development forces pending the establishment of the structures provided for and defined by Ordinance No. 80-013 of 7 May 1980, and asked the Government, in its future reports, to provide full information on any changes occurring in the establishment of the structures and on the nature of the military staff assigned to the OMIPRA.

The Committee notes that the Government's report contains no information on this point and hopes that it will soon provide the information requested in its next report.