Observation (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

Convention (n° 105) sur l'abolition du travail forcé, 1957 - Madagascar (Ratification: 2007)

Article 1(b) of the Convention. Imposition of forced labour as a method of mobilizing and using labour for the purposes of economic development. The Committee recalls that Ordinance No. 78-002 of 16 February 1978 setting forth the general principles of national service, is incompatible with the Convention inasmuch as, under the Ordinance, all Malagasies are bound by the duty of national service, which is defined as compulsory participation in national defence and in the economic and social development of the country. The Committee notes the Government’s indication in its report that a draft text amending Ordinance No. 78-002 of 16 February 1978 is being prepared at the Ministry of National Defence. The Government also explains that the recruitment of Malagasies who have opted for national service is undertaken on the basis of requests for recruitment received by the Ministry and only interested persons who have the requisite qualities are accepted. The Committee also notes the Government’s indication in its report on the application of the Forced Labour Convention, 1930 (No. 29), that participation in national service is voluntary and requires a written request from the interested person.

The Committee observes that the obligations of national service, as defined in the above-mentioned Ordinance No. 78-002, include registration, review and activity for a period of two years. The latter can be performed either in or outside the armed forces, in particular in the context of “development action military service” (SMAD). The Committee recalls that programmes involving the compulsory participation of young persons in activities for the development of their country as part of military service or replacing it are incompatible not only with Article 1(b) of the Convention, which prohibits the use of labour for purposes of economic development, but also with Article 2(2)(a) of Convention No. 29, which provides that any work or service exacted in virtue of compulsory military service laws must be of a purely military character.

In view of the Government’s indication that in practice participation in national service is voluntary and that a draft text amending Ordinance No. 78-002 is being prepared, the Committee expresses the firm hope that the Government will take the necessary steps to bring the legislation concerning national service into conformity with Conventions Nos 29 and 105, either by making national service voluntary or by limiting the work done as part of national service obligations to work of a purely military nature.