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

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

Article 1 of the Convention. National policy and application of the Convention in practice. Further to its previous comments, the Committee notes the information provided by the Government in its report concerning the results of the implementation of the “National Plan of Action against child labour in Madagascar (PNA)”, in its third and final phase from 2014 to 2019. Among other things, the PNA resulted in the revision of the decree on child labour: new Decree 2018-009 supplementing and amending Decree 2007-563 on child labour defines light work and prohibits domestic work which is dangerous for children. The PNA also enabled the training of labour inspectors on the new laws on child labour in six regions of Madagascar in 2020 in the context of the Alliance 8.7 project, in collaboration with the ILO and UNICEF. Moreover, the PNA provided for training for fokontany (Malagasy traditional village) chiefs to enable them to identify at-risk working children and arrange for intervention by the local protection network. The Committee also notes that, in the annual report of Madagascar for May 2020–April 2021 as an Alliance 8.7 pathfinder country, a new plan of action to combat child labour is being formulated and the Labour Code is being revised in order to, inter alia, reinforce the capacity of the labour inspectorate.

The Committee notes that, according to a baseline survey conducted in 2018 as part of the project entitled “Supporting actors in the vanilla sector for the benefit of children in the SAVA region” (SAVABE project), 16.6 per cent of children in the SAVA region were exposed to child labour. Most children work in agriculture, including 10.5 per cent in the vanilla sector and 58.6 per cent outside it. Slightly less than half the children (46 per cent) work as unpaid family members and 44.2 per cent are employed by third parties. The Committee also notes the concern expressed by the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 9 March 2022, that child labour remains a significant issue in the country, with 47 per cent of children between 5 and 17 years of age working in economic activities or domestic work, especially in rural areas, with a significant portion of children, in particular from poor households, working in hazardous conditions (CRC/C/MDG/CO/5-6, paragraph 40). While noting the measures taken by the Government, the Committee once again urges the Government to intensify its efforts to ensure the progressive elimination of child labour. It requests the Government to provide information on the measures taken in this respect in the context of the new plan of action to combat child labour and on the results achieved through its implementation, and also on progress made on the revision of the Labour Code, particularly as regards the strengthening of the capacities of the labour inspectorate.

Article 2(3). Age of completion of compulsory schooling. Further to its previous comments, the Committee notes the Government’s indications that reform projects have been launched with respect to Directive 2008-011 amending certain provisions of Act No. 2004-004 of 26 July 2004 (governing the education system) in order to give concrete expression to the presidential commitments on education but that this draft legal amendment is currently before Parliament for discussion, deliberation and adoption. The publication of the decision adopted in the National Assembly will shed light on the new direction adopted for compulsory education in Madagascar, at which point it will be known whether the age of completion of compulsory schooling will be aligned to the minimum age for admission to employment or work, as required by the Convention. However, the Committee notes that according to the Sectoral Plan for Education 2018–22, it is envisaged to implement a reform of basic schooling to give it a duration of nine years, which would mean that children finish school at 15 years of age.

The Committee notes with concern that the question of the age of completion of compulsory schooling has still not been settled and has remained under discussion for many years. The Committee once again reminds the Government that compulsory schooling is one of the most effective means of combating child labour, and once again observes that if compulsory schooling comes to an end before children are legally entitled to work, there may arise a vacuum which regrettably opens the door for the economic exploitation of children (see 2012 General Survey on the fundamental Conventions, paragraph 371). This is especially important in Madagascar, where a large number of children under 15 years of age do not attend school and are working. Noting that the Government has been discussing this matter for over ten years, the Committee once again urges the Government to take the necessary steps, as a matter of urgency, to raise the age of completion of compulsory schooling so that it coincides with the minimum age for admission to employment or work in Madagascar. It requests the Government to provide information on progress made in this regard.

Article 6. Vocational training and apprenticeships. Further to its previous comments, the Committee notes the Government’s indication that the bill on the national employment and vocational training policy (PNEFP), drawn up in collaboration with the ILO and in consultation with the social partners, is still being approved. The Committee once again requests the Government to take the necessary measures to speed up the approval and adoption of the bill concerning apprenticeships and vocational training. It requests the Government to provide information on progress made in this regard and to send a copy of this legislative text once it has been adopted.