Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (2010)

Article 3 of the Convention. Worst forms of child labour. In its previous comments, the Committee noted that section 15 of Decree No. 2007-563 of 3 July 2007 respecting 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, as well as forced or compulsory recruitment with a view to use them in armed conflict. 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, for the production of pornography or for pornographic performances, or for commercial sexual exploitation, while section 14 prohibits the procuring, use, offering and employment of children of either sex in the production or trafficking of drugs. Section 2 of Decree
No. 2007-563 prohibits the engagement of young persons of 18 years of age and under in work which involves the risk of danger and in types of work which are likely to harm their health or their physical, mental, spiritual, moral or social development. The Committee also observed that Decree No. 2007-563 applies to children bound by a contractual relationship as well as those working on their own account. However, the Committee noted the Government’s statement that Decree No. 2007-563 would enter into force following its publication in the Official Journal.

The Committee notes with interest the Government’s indication that Decree No. 2007-563 was published in the Official Journal and is now applicable within the whole territory of Madagascar.

Article 5. Monitoring mechanisms. Division for the Prevention, Abolition and Monitoring of Child Labour (PACTE). In its previous comments, the Committee noted the Government’s indication that the PACTE is the technical secretariat of the National Council to Combat Child Labour (CNLTE) and that, in this capacity, its mandate is to coordinate, communicate, train, engage in research and development, administer, finance, follow-up and evaluate all activities in the context of the elimination of child labour. Furthermore, the Committee noted that the Regional Child Labour Observatories (ORTEs) are the regional bodies of the PACTE and have general responsibility for coordinating, monitoring and evaluating all activities relating to the elimination of child labour at the regional level, identifying activities to promote its elimination and compiling and analyzing the data that have been accumulated with a view to reporting to the PACTE.

The Committee notes, according to the information in the Government’s report, that the PACTE strengthened the capacity of the different actors involved in combating child labour (members of regional committees for combating child labour (CRLTE), local authorities in the regions and ORTE agents) with regard to child labour in general and its worst forms, the respective roles of the different actors, as well as the enacted legislative texts and the newly conducted studies on the issue. Awareness-raising activities have also been undertaken in the framework of regional interventions, essentially levelled at local authorities and relevant State agents. The Government thereby indicates that nine regions were subjected to interventions by the PACTE and that eight CRLTEs were created. Moreover, the PACTE will shortly ensure the dissemination of a new system of observation and follow-up for child labour and its worst forms in the ORTEs. In this regard, the Government indicates that three ORTEs are currently established throughout the country and are ready to operate. The Committee requests the Government to provide information on the results found following the interventions and inspections conducted by the labour inspectors assigned to the PACTE and to the ORTEs by providing, in particular, extracts of reports or documents indicating the extent and nature of violations detected with regard to children and young persons involved in the worst forms of labour.

Article 7, paragraph 2. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour.
1. Time-bound Programme (TBP). In its previous comments, the Committee noted that, in the context of the ILO–IPEC TBP on the worst forms of child labour, it was envisaged that, out of the 14,000 girls and boys targeted by this programme, around 9,000 of them would be prevented from becoming engaged in the worst forms of child labour. The Committee also noted that four major priority groups for intervention within the TBP had been identified, namely the commercial sexual exploitation of children, child domestic labour, child labour in mining and quarrying, and child labour in hazardous and unhealthy environments in the rural and urban sectors.

The Committee notes that, according to the technical progress report (TPR) of 13 March 2008 for the ILO–IPEC project entitled “Combating the worst forms of child labour in Madagascar – IPEC assistance to the National Action Plan to Eliminate Child Labour” (ILO–IPEC project to combat against child labour), the second edition of the “Presidential Dialogue” public forum was organized in November 2008. This forum set quantifiable indicators concerning the regression of the incidence of child labour. It was therefore expected that 12,000 children would be prevented from engaging in the worst forms of child labour in 2009 and that the incidence of child labour in the country would be reduced from 23 per cent to 10 per cent by 2012. In this regard, the Committee notes with interest the Government’s indication that, as of the end of February 2009, the number of children prevented from engagement in the worst forms of child labour had reached 13,457. Furthermore, the Committee notes that Madagascar is one of the 11 countries involved in the implementation of the ILO–IPEC project entitled “Tackle child labour through education in eleven countries” (ILO–IPEC TACKLE project), the overall objective of which is to contribute towards poverty reduction in the least developed countries by providing equitable access to basic education and skills development to the most disadvantaged section of the society. The Committee therefore encourages the Government to continue its efforts to prevent children under 18 years from engaging in the worst forms of child labour. It requests the Government to continue providing information on the results achieved through the implementation of the TBP and ILO–IPEC TACKLE Project, disaggregated according to the four priority groups for intervention identified in the TBP on the worst forms of child labour referred to above.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. The Committee previously noted that, according to the extract of the ILO–IPEC report on the prevention and removal of children from the worst forms of child labour provided by the Government with its report, 696 children have up to now been removed from the worst forms of child labour. Furthermore, according to the same extract, 36 additional programmes of action have been examined and 20 of them have been approved.

The Committee notes that, according to the TPR of 13 March 2008 for the ILO–IPEC project to combat child labour, the “Presidential Dialogue” forum of 2008 set as an objective the removal of 6,000 children from the worst forms of child labour in 2009. In this regard, the Committee notes with interest the Government’s indication that, as of the end of February 2009, 5,711 children had already been removed from the worst forms of child labour. The Committee encourages the Government to continue its efforts and requests it to provide information on the number of children who benefited from rehabilitation and social integration after their removal from the worst forms of child labour. Furthermore, it requests the Government to continue providing information on the number of children who will effectively be removed from the worst forms of child labour following the implementation of the action programmes.

Clause (c). Access to free basic education for children withdrawn from the worst forms of child labour. Referring to its previous comments, the Committee notes that, according to the National Survey on Child Labour (ENTE) of 2007, conducted by the National Statistical Institute in collaboration with
ILO–IPEC–SIMPOC, in general, approximately one in two children engaged in harmful work (47 per cent) is currently enrolled in education. Children between 15 and 17 years register a low enrolment rate, less than 12 per cent. The enrolment rate for children aged 10–14 years and who should still be enrolled in school is below 60 per cent. In other words, approximately 40 per cent of children who are of school age but who are compelled to engage in harmful work have never returned or have never been to school. Their number is estimated to be approximately 355,000 children. Moreover, children who are not compelled to engage in harmful work register an overall enrolment rate of 71 per cent, which is widely superior to that of children performing harmful work. While education is not compulsory for children as of 15 years of age, children between 15 and 17 years of age who do not perform harmful work are clearly more educated (63 per cent as opposed to 12 per cent). The Committee further notes that, according to the ENTE, school dropouts are five times more frequent among children engaged in work which should be abolished (26 per cent), as opposed to children who are not engaged in such work (5 per cent).

The Committee notes with interest the Government’s indication that, in the framework of the TBP, 14,539 children were rehabilitated through basic education and 1,628 children rehabilitated through pre-vocational or vocational training. The Committee, however, expresses its concern at the situation of children who are found engaged in harmful work, particularly its worst forms, and drop out from school as a result. The Committee therefore requests the Government to redouble its efforts to ensure that children who are engaged in the worst forms of child labour and who, as a result, have dropped out from school, are removed from these worst forms of child labour and rehabilitated through the educational system or through pre-vocational or vocational training. The Committee requests the Government to continue providing information on the results achieved.

Clause (d). Children at special risk. 1. Child orphans of HIV/AIDS. The Committee previously noted that around 13,000 children aged between 0 and 17 years were HIV/AIDS orphans. The Committee observed that section 38 of Act No. 2005-040 of 20 February 2006 to combat HIV/AIDS (Act No. 2005-040) provides that “The children of persons deceased as a result of AIDS-related diseases shall be taken into care by their family or by the community of origin including host families or, if this is not possible, by public or private institutions for the shortest possible period”. Furthermore, the Committee noted that section 45 of Decree No. 2006-902 of 19 December issued under Act
No. 2005-040 specifies that, with a view to the promotion of a conducive environment for underprivileged groups, it is necessary to establish national policies to reduce the vulnerability of underprivileged groups, promote the participation of young persons, improve the quality and coverage of school programmes which include issues related to HIV/AIDS, and provide care and support for orphans and persons living with HIV. In this regard, the Committee observed that the Madagascar Action Plan (MAP) for 2007–12 contains a specific chapter entitled “Health, family planning and the fight against HIV/AIDS” with the specific objective that HIV/AIDS will not advance any further. The Committee notes with interest that, according to the October 2008 report of UNAIDS, in collaboration with WHO and UNICEF, on Madagascar, the number of child orphans of HIV/AIDS aged between 0 and 17 years is now estimated to be 3,400. Recalling that HIV/AIDS has adverse consequences for orphans because they run an increased risk of being engaged in the worst forms of child labour, the Committee strongly encourages the Government to continue its efforts to prevent these children from engaging in the worst forms of child labour. It requests the Government to provide information on the results achieved.

2. Street children. In its previous comments, the Committee noted the Government’s information that that the Ministry of Labour and Social Legislation is 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 has been extended to the regional level, under the direction of the labour and social legislation services in each region. The Committee notes the information in the Government’s report according to which the “Manjary Soa” centre, financed by the PIP, supports child victims of labour, in particular its worst forms, and offers them remedial teaching or vocational training. Therefore, 345 children received assistance from this centre, 160 of which received vocational training and 185 of which received remedial teaching courses. The Committee requests the Government to continue providing information on the number of street children who are protected from the worst forms of child labour and rehabilitated and socially integrated.

Article 8. International cooperation. In its previous comments the Committee noted the adoption of the MAP 2007–12, which is aimed at the effective reduction of poverty and a tangible improvement in the living standards of the population of Madagascar. The Committee notes the information in the Government’s report according to which the issue of child labour has been integrated within the objectives of the MAP, under commitment No. 8, challenge No. 4, and under the category “Improvement of support to the poor and vulnerable”. The Government also indicates that the MAP was used as an awareness-raising tool with regard to the commitment of the Government to the elimination of child labour in the country, in particular during the course of awareness-raising activities conducted by the authorities in different regions where interventions were performed. The Committee further notes that a Decent Work Country Programme was adopted for 2008–10, with a view to promote the access to employment for vulnerable groups by reinforcing their employability and improving the dynamic of the sectors that generate employment. The Committee requests the Government to provide information on any notable impact of the MAP and the Decent Work Country Programme on the elimination of the worst forms of child labour, in particular with regard to the four priority groups for intervention, namely the commercial sexual exploitation of children and related activities, child domestic labour, child labour in mining and quarrying, and child labour in hazardous and unhealthy environments in the rural and urban sectors.

Parts IV and V of the report form. Practical application of the Convention. The Committee notes that, according to the ENTE, more than one in four Malagasy children aged between 5 and 17 years (28 per cent) is economically active, which is 1,870,000 children in absolute terms. The rate of children aged 15–17 years who are involved in economic activity is of 55 per cent, which can partly be explained by the fact that school is not compulsory for this age group. Furthermore, the majority of economically active children (82 per cent) are engaged in harmful work, i.e. work that should be abolished by virtue of the legislative framework concerning child labour in Madagascar. In total, almost 1,534,000 children are involved in this type of work. Among children aged 15 years or more, approximately one in two economically active children (49 per cent) – 328,000 children – is engaged in harmful work, i.e. in a worst form of child labour. The ENTE also indicates that 23 per cent of economically active children in Madagascar aged 5–17 years – 438, 000 children – are engaged in a dangerous activity. While older children are more prone to perform this type of activity, it is noteworthy that 91,000 children aged 5–9 years and approximately 190,000 children aged 10–14 years are also estimated to be subject to it. In general, economically active children performing harmful work are mainly found in the sector of agriculture, animal husbandry and fishing (86 per cent). This situation affects boys as much as girls, particularly among the younger ones. However, when children get older, they are more inclined to work in other sectors, especially girls. Indeed, girls often work as domestic workers (17 per cent of girls aged 15–17 years, as opposed to 9 per cent of boys from the same age group) or perform activities in the sector of commerce and restoration (respectively 5 and 7 per cent of girls aged 10–14 years and 15–17 years). The sector of agriculture, animal husbandry and fishing monopolizes most of where harmful child labour is found, both in the rural sector and the urban sector (respectively 88 and 72 per cent). As opposed to the rural sector, child labour in the urban sector is characterized by the importance of domestic work (11 per cent) and of commerce and restoration (10 per cent). While noting the measures taken by the Government to combat child labour and its worst forms within the framework of the TBP, the Committee urges the Government to redouble its efforts to eliminate these worst forms of child labour, which are still a cause of concern in Madagascar. It requests the Government to continue providing information on any progress made in this regard and the results achieved.