Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Madagascar (Ratification: 2001)

The Committee notes the communication of the General Confederation of Workers’ Unions of Madagascar (CGSTM) of 27 August 2012, and the Government’s report.

Articles 3(a) and (b) and 7(1) of the Convention. Worst forms of child labour. All forms of slavery or practices similar to slavery, use, procuring or offering of a child for prostitution, and sanctions. Sale and trafficking and the sexual exploitation of children. In its previous comments, the Committee noted that section 15 of Decree No. 2007-563 of 3 July 2007 concerning child labour (Decree No. 2007-563) prohibits all forms of forced or compulsory labour, including the sale and trafficking of young persons under 18 years of age. The Committee also noted that section 13 of Decree No. 2007-563 categorically prohibits the procuring, use, offering and employment of children of either sex for prostitution. The Committee noted that section 261 of the Labour Code and sections 334, 335 and 354–357 of the Penal Code, to which reference is made in Decree No. 2007-563, establish effective and dissuasive sanctions prohibiting, among other offences, the sale and trafficking of children and the procuring or offering of a child for prostitution.

The Committee notes the adoption of Act No. 2007-038 of 14 January 2008 amending and supplementing certain provisions of the Penal Code to combat trafficking in persons and sex tourism. Under the terms of section 5 of the Act, a section 331bis has now been inserted into the Penal Code and prohibits the debauchery, corruption or prostitution of children of either sex. Section 6 of the Act inserts sections 33ter, quarter and quinto, containing detailed provisions prohibiting all forms of trafficking of children under 18 years of age for exploitation, as well as the sale of children for any purpose, including sexual exploitation, forced labour, slavery or practices similar to slavery. Act No. 2007 038 also establishes effective and dissuasive sanctions for the engagement, abduction or deception of a person with a view to their engagement in prostitution, sexual exploitation or sex tourism.

However, the Committee notes that, while recognizing that Madagascar has adopted relevant legislative provisions to prevent and prohibit sexual exploitation, the Committee on the Rights of the Child (CRC), in its concluding observations of 8 March 2012 (CRC/C/MDG/CO/3-4, paragraphs 61–63), notes with serious concern that child prostitution and sex tourism are on the rise in the country, with orphans being particularly vulnerable. Referring to the State party report (CRC/C/MDG/3-4, paragraph 787), the Committee on the Rights of the Child notes that a quarter of children aged 6–17 years who were working in Antsiranana in 2006 were victims of sexual exploitation and expresses concern at the low number of investigations into and prosecutions for child prostitution. The CRC is also greatly concerned 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. While noting the adoption of Act No. 2007-038 of 2008, the CRC expresses concern that the law is not sufficiently implemented and, in particular, has not resulted in any convictions to date.

The Committee recalls that, under the terms of Article 7(1) of the Convention, the Government shall take all necessary measures to ensure the effective implementation and enforcement of the provisions giving effect to the Convention, including the application of sufficiently effective and dissuasive penal sanctions. The Committee requests the Government to take the necessary measures to ensure that the sanctions against persons found guilty of trafficking in children under 18 years of age or their use, procuring or offering for sexual exploitation, are applied in practice. The Committee also requests the Government to provide statistical data on the number and nature of the violations reported, investigations, prosecutions, convictions and the penal sanctions applied.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Street children. In its previous comments, the Committee noted the Government’s indication that the Ministry of Labour and Social Legislation (MTLS) was continuing its programme of school attendance and training for street children in the context of the Public Investment Programme for Social Action (PIP). It noted that the action of the PIP was extended to the regional level, under the direction of the labour and social legislation services in each region, and that the “Manjary Soa” centre, financed by the PIP, supports child victims of labour, and particularly of the worst forms of child labour, and offers them remedial teaching or vocational training. The Committee noted the CGSTM’s allegation that the number of street children has increased in recent years. The CGSTM added that the action taken by the Government to help them was still minimal. In reply, the Government indicated that the programmes financed in the context of the PIP aim to remove 40 children a year from the worst forms of child labour, or 120 children over three years.

The Committee notes the Government’s indication that the political and economic crisis currently faced by Madagascar has resulted in the loss of many jobs and the impoverishment of households, contributing to an increase in the number of children compelled to work. The Government adds that, in the context of the PIP, it is continuing to implement programmes for the social reintegration of victims of the worst forms of child labour, but that the crisis has had a direct effect on the financing of these programmes by the State. The Government, nevertheless, indicates that in 2012 the programme is providing support for 40 children engaged in the worst forms of child labour, such as prostitution, hazardous types of work and domestic work. While noting the measures taken by the Government, the Committee is bound to express its concern at the fact that the number of street children has recently increased and that the 2009 crisis appears to be affecting the implementation of PIP programmes and it, therefore, requests the Government to intensify its efforts to ensure that street children are protected from the worst forms of child labour, and are provided with support for their rehabilitation and social integration. It once again requests the Government to provide information in its next report on the results achieved in this respect.

Parts IV and V of the report form. Application of the Convention in practice. The Committee noted previously that, according to the National Survey on Child Labour (ENTE) of 2007, conducted by the National Statistical Institute in collaboration with ILO/IPEC/SIMPOC, more than one in four Malagasy children aged between 5 and 17 years (28 per cent) are economically active, or 1,870,000 children. The participation rate of children between the ages of 15 and 17 years in economic activities is 55 per cent, which may partly be explained by the fact that schooling is no longer compulsory for this age group. Furthermore, the majority of economically active children (82 per cent) are engaged in harmful work. In total, nearly 1,534,000 children are engaged in such activities. Among children aged 15 and over, approximately one economically active child out of two (49 per cent), or 328,000 children, are engaged in harmful work, that is in one of the worst forms of child labour. The ENTE also indicates that in Madagascar 23 per cent of economically active children between the ages of 5 and 17 years are engaged in hazardous types of work, or 438,000 children. The agricultural, stock-raising and fishing sectors account for most harmful types of work performed by children, in both rural and urban areas (88 and 72 per cent, respectively). In contrast with rural areas, child labour in urban areas is characterized by the importance of domestic work (11 per cent) and work in commerce and catering (10 per cent). Girls are often engaged in domestic work (17 per cent of girls between the ages of 15 and 17 years, compared with 9 per cent of boys in the same age group), or an activity in the commerce and catering sectors (5 and 7 per cent of girls aged between 10 and 14 and between 15 and 17 years of age, respectively).

The Committee previously noted the CGSTM’s allegations that the political and economic crisis in Madagascar resulted in even more under-age children entering labour and employment. With regard to the worst forms of child labour, the most affected sectors are mining, agriculture and manufacturing. The CGSTM indicated that children work in mines (Llakaka) and in stone quarries under precarious and sometimes dangerous conditions. Furthermore, the worst forms of child labour exist in the informal economy and in rural areas, which are not covered by the labour administration.

The Committee notes the CGSTM’s recent indication that it reiterates the allegations made in its previous communication.

The Committee notes the Government’s indications that the second phase of the National Plan of Action to Combat Child Labour in Madagascar (PNA) is intended, inter alia, to improve legal frameworks, step up awareness-raising campaigns, mobilize funds to extend action against child labour and the worst forms of child labour, and update databases on child labour as the campaign advances to combat child labour. While noting the measures taken by the Government to combat child labour and the worst forms of child labour in the context of the PNA, the Committee is bound to express its concern at the situation and number of children under 18 years of age forced to undertake hazardous work, and it urges the Government to intensify its efforts to eliminate these worst forms of child labour. It requests the Government to continue providing information on any progress achieved in this respect and on the results achieved. The Committee also requests the Government to continue to provide information on the worst forms of child labour including, for example, studies and inquiries on the subject and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements reported, investigations, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by age and sex.

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