Observation (CEACR) - adoptée 2001, publiée 90ème session CIT (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.