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

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Article 1 of the Convention. National policy. National action plan to combat child labour. In its previous comments, the Committee noted the adoption of the National Plan of Action against Child Labour in Madagascar (PNA), and the six action plans covering the rural sector, mining and quarrying, manufacturing, domestic service, catering and trade, and miscellaneous activities. The Committee also noted the Government’s information concerning the positive outcomes of the activities carried out so far in Madagascar, including: (a) gradual assumption at national and regional level of the fight against child labour; (b) involvement of local decision-makers and the social partners (c) public awareness campaigns; (d) emergence of regional anti-child labour committees; (e) integration of anti‑child labour activities in development plans at all levels, including the national “Madagascar Action Plan” (MAP).

The Committee notes, that according to the Government, the PNA is still under way and now at the end of phase one. It notes with interest that, according to the technical progress report of 13 March 2008 on the ILO–IPEC project “Combating the worst forms of child labour in Madagascar – IPEC support to the National Action Plan Against Child Labour”, 14,539 children at risk who attend primary school have been covered by the project and thus prevented from engaging prematurely in work. The Committee requests the Government to continue to provide information on the implementation of the PNA in Madagascar, and on the results obtained in terms of the number of children under 15 years of age who are protected against premature work or employment

Article 2, paragraph 1. Scope of application. The Committee noted previously that the Labour Code applies only to employment relationships, thereby excluding children who work on their own account. It also noted the indication from the Government that the PNA was drawn up to protect children who are not bound by an employment relationship. The Government indicated that the PNA makes no distinction between children bound by an employment relationship and children who work on their own account. The Committee accordingly asked the Government to provide information on the specific measures taken in the context of the PNA to prevent children under 15 years of age from working on their own account and to remove from work those already doing so. The Committee notes, that according to the Government, the PNA targets all child workers and consequently provides for the same measures for all child workers, including their withdrawal from work and their guidance towards alternatives. The Government also states that Decree No. 2007-563 of 3 July 2007 on child labour, which sets the minimum age for admission to employment or work at 15 years, applies equally to children bound by a contractual relationship and children working on their own account.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee noted that Order No. 3949/87 raised the age of completion of compulsory schooling from 14 to 16 years. The Committee noted however that, according to a document published by the UNESCO International Bureau of Education, the age of completion of compulsory schooling is lower than the minimum age for admission to employment or work. The Committee pointed out that, according to this document, the official age for access to primary education is 6 years and the levels of compulsory schooling five years, thus making the age of completion of compulsory schooling 11 years. It further noted that, according to the Government, the Ministry of National Education is currently undertaking various legislative and regulatory reforms which will include provisions on specification of the age of completion of compulsory schooling. It reminded the Government that the condition set in Article 2(3) of the Convention was met to the extent that the minimum age for work, namely 15 years in Madagascar, was not lower than the age of completion of compulsory schooling (11 years). The Committee nonetheless expressed the view that compulsory schooling is one of the most effective means of combating child labour and that it is important to emphasize how necessary it is to link the age of admission to employment or work with the age of completion of compulsory schooling. Where these two ages do not coincide, a number of problems may arise. If schooling ends before young persons are legally authorized to work, there may be a period of enforced idleness (see the General Survey of 1981 on minimum age, ILC, 67th Session, Report III, part 4(B), paragraph 140).

The Committee notes the information sent by the Government to the effect that it is fully aware of the importance of compulsory schooling as a means of combating child labour. The Government states that several meetings have been held on this subject in order to give the matter of national education the place it deserves, but work remains to be done, in particular because of the political crisis currently affecting the country. The Committee trusts that its comments will be taken into consideration and that, in the context of the legislative and regulatory reforms mentioned above, the Government will ensure that the age of completion of compulsory schooling coincides with the age of admission to employment or work in Madagascar, in accordance with Paragraph 4 of ILO Recommendation No. 146. It requests the Government to take the necessary steps to ensure that the legislative and regulatory reforms are completed as soon as possible, and to provide information on all progress made in this regard.

Article 3. Hazardous work. The Committee noted previously the adoption of Decree No. 2007-563 of 3 July 2007 on child labour, the legislation now governing child labour. It observed that section 2 of Decree No. 2007-563 prohibits the recruitment of children 18 years of age and under in jobs that are a source of danger and work that is liable to harm their health or their physical, mental, spiritual, moral or social development. It further observed that Chapter 2 of the Decree “Worst Forms of Child Labour” consists of three parts listing the forms of work which are prohibited to children under 18 years of age. The Committee nonetheless noted the Government’s statement that Decree
No. 2007-563 would take effect following its publication in the Official Journal.

The Committee notes with satisfaction that, according to the Government, Decree No. 2007-563 has been published in the Official Journal and applies throughout Madagascar.

Article 6. Vocational training and apprenticeship. In its previous comments the Committee noted the Government’s indication that a decree determining the conditions of work for vocational training and apprenticeships was to be examined by the National Labour Council (CNT), which is a tripartite body. It also noted that, according to the Government, the Ministry of Employment and Vocational Training was preparing various regulations on vocational training which were to be examined in 2006. The Committee further noted that the Ministry of Employment and Vocational Training was planning to submit to parliament a bill on the national employment policy, in which further vocational training and apprenticeships are a priority objective. The Committee noted the Government’s statement that the abovementioned draft texts were before the CNT and were due to be promulgated before the end of 2007. The Government states in its report, however, that these texts are still under examination by the CNT. The Committee therefore urges the Government to take the necessary steps to ensure that the bills on apprenticeship and vocational training are adopted at the earliest possible date. It again asks the Government to provide a copy of them once they have been adopted.

Part V of the report form. Application of the Convention in practice. Further to its previous comments the Committee notes that according to the National Survey on Child Labour (ENTE) of 2007, conducted by the National Bureau of Statistics in conjunction with ILO/IPEC/SIMPOC, in Madagascar more than one child out of four between 5 and 17 years of age (28 per cent) is economically active, that is 1,870,000 children. The participation rate in economic activity increases with age: while 12–15 per cent of children between 5 and 9 years of age are economically active, the rate rises to more than 30 per cent in the 10–14 age group, and to 55 per cent in the case of children between 15 and 17. The problem is more acute in rural areas, where 31 per cent of children engage in some form of economic activity as opposed to 19 per cent in urban areas. Most economically active children are found in agriculture and fishing and in most cases (two out of three) they work as home helpers. In the 5–14 age group, 22 per cent engage regularly in an economic activity and 70 per cent attend school. The ENTE also indicates that the great majority of Malagasy children (85 per cent) do household tasks, the most common of which are fetching water or wood, preparing meals and washing clothes. However, most children claim to devote less than two hours a day to such work. Furthermore, participation in household tasks is higher among schoolchildren than among non-schoolchildren, but the number of hours spent on household jobs is higher than among non‑schoolchildren. Furthermore, economically active children in general, and those compelled to carry out harmful activities, that is work to be abolished according to the regulations on child labour in Madagascar, are very much exposed to the risk of illness and injury. Indeed, some 37 per cent of children employed in harmful activities state that they have been sick or injured because of their work, the most vulnerable being those employed in mining, manufacturing and agriculture.

The Committee notes the information in the Government’s report to the effect that it is working together with the international community to combat child labour in a context that requires much patience and responsibility. The Government indicates that although the results may appear insignificant given the extent of the problem, it is sparing no efforts, particularly now that all the necessary regional bodies are starting to take shape. The Committee expresses its appreciation of all the measures the Government has taken to abolish child labour. However, the Committee expresses its concern at the situation and the number of children who are forced to work in Madagascar, it urges the Government to redouble its efforts to improve the situation. It requests the Government to continue to provide detailed information on progress made in this regard.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the Government’s report. It requests it to supply information on the following points.

Article 1 of the Convention. National policy. 1. National plan of action against child labour. In its previous comments, the Committee noted the adoption of the National Plan of Action against Child Labour in Madagascar (PNA), and of the six action plans covering the rural sector, mining and quarrying, manufacturing, domestic service, catering and trade, and miscellaneous activities. The Committee also noted that, in the context of the Ministry of Labour project for improving the situation of street children which forms part of the immediate action for the elimination of child labour, the funds allocated to the public investment programme for 2005 were increased. The Committee duly notes the Government’s statement that the PNA has enabled structures to be established facilitating the coordination of the fight against child labour, namely the National Council for Combating Child Labour (CNLTE) and the Child Labour Prevention, Abolition and Monitoring Unit (PACTE). The Committee also notes the Government’s indications that a positive impact has been recorded in the wake of the activities undertaken in Madagascar to date, including: (a) gradual adoption at national and regional level of the fight against child labour; (b) involvement of local decision-makers and the social partners; (c) public information campaigns; (d) emergence of regional anti-child-labour committees; and (e) integration of anti-child-labour activities in development plans at all levels, including the national Madagascar Action Plan (MAP). Moreover, the Committee notes that 14,000 children have been the beneficiaries of the action programmes and many have received educational support. It notes especially the establishment of the ILO/IPEC programme of action for the stepping up of preventive action against child labour, the removal of children from the worst forms of child labour and the improvement of the conditions of work of working children in 2006, the strategy of which includes preventing children of school age from entering the labour market and removing the youngest children from work.

The Committee requests the Government to continue providing information on national policies designed to ensure the effective abolition of child labour and on the results achieved.

2. Institutional support programme for the abolition of child labour. In its previous comments, the Committee asked the Government to continue providing information on the implementation of the Institutional Support Programme for the Abolition of Child Labour in Madagascar, as well as on the measures adopted or envisaged in this Programme to abolish child labour. The Committee notes the Government’s information that the Programme has enabled awareness to be raised among decision-makers, texts to be updated and the Ministry’s PACTE division to be equipped. It notes the Government’s statement in its report that the compilation of texts relating to child labour has been completed. The Government also indicates that a new institutional programme is awaiting approval from the ILO. This future programme envisages stepping up awareness campaigns and boosting the capacities of high-ranking officials involved, labour inspectors, officers of the Regional Child Labour Observatory, local authorities and representatives of different services. The Committee requests the Government to send copies of the texts concerning child labour, compiled by the original institutional support programme. It also requests the Government to continue supplying information on the measures adopted by the programme and the results achieved.

Article 2, paragraph 1. Scope of application. The Committee noted previously that the Labour Code only applies to employment relationships, thereby excluding children who work on their own account. It also noted the Government’s statement that the national action plan against child labour was established to protect children who are not bound by an employment relationship. The Government indicates in its report that the national action plan attaches particular importance to prevention, to the removal of children from child labour and the worst forms thereof and to improving the living conditions of these children. The action plan makes no distinction between children bound by an employment relationship and those working on a self-employed basis. The Committee requests the Government to provide information on the specific measures adopted under the national action plan to prevent children under 15 years of age from working on their own account and removing from work those already doing so.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee noted that Order No. 3949/87 raised the age of completion of compulsory schooling from 14 to 16 years. However, the Committee noted that, according to a document published by the UNESCO International Bureau of Education, the age of completion of compulsory schooling is lower than the minimum age for admission to employment or work. The Committee pointed out that, according to this document, the official age for access to primary education is 6 years and the length of compulsory schooling is five years, thereby making the age of completion of compulsory schooling 11 years. It reminded the Government that the requirement set out in Article 2, paragraph 3, of the Convention is met in so far as the minimum age for work, namely 15 years in Madagascar, is not lower than the age of completion of compulsory schooling (11 years). It also notes the Government's indication that the Ministry of National Education is currently undertaking various legislative and regulatory reforms which will include provisions on specification of the age of completion of compulsory schooling. The Committee is of the opinion that compulsory schooling constitutes one of the most effective means of combating child labour and that it is important to emphasize how necessary it is to link the age of admission to employment or work and the age of completion of compulsory schooling. In cases where these two ages do not coincide, various problems can arise. If schooling ends before young persons are legally authorized to work, a period of enforced idleness may occur (see 1981 General Survey on the minimum age, ILC, 67th session, Report 4(B), paragraph 140). The Committee therefore considers it desirable to ensure that schooling is compulsory up to the minimum age for admission to employment, in accordance with Paragraph 4 of ILO Recommendation No. 146. The Committee hopes that the abovementioned legislative and regulatory reforms will be completed as soon as possible. It requests the Government to send copies of the legislative texts drawn up in the context of these reforms once they have been adopted.

Article 3. Hazardous work. The Committee notes with interest the adoption of Decree No. 2007-563 of 3 July 2007 which now governs child labour and which will come into force further to its publication in the Official Journal. The Committee observes that Chapter 2 of the Decree (on the worst forms of labour) comprises three parts listing the forms of work which are prohibited for children under 18 years of age. Part 1, which deals with work of an immoral nature, includes in particular the employment of children in the making, handling and sale of printed matter, posters, drawings, engravings, paintings, emblems, images, films, compact discs and other objects the sale, offering, exhibition, display or distribution of which are prohibited under criminal law or offend public decency. Part 1 also prohibits the employment of children in bars, discotheques, casinos, gaming establishments, nightclubs and any other public place where alcoholic beverages are consumed. Part 2, which deals with forced labour, prohibits in particular the employment of children as domestic workers or home helps. Finally, Part 3, which deals with hazardous or insalubrious work, prohibits in particular the employment of children on works sites where vehicles or mobile equipment are used, the employment of children on machinery or mechanisms which are in operation, the employment of children in the gathering of toxic plants and the recruitment of children for work in mines and quarries. The Committee hopes that Decree No. 2007-563 will come into force as soon as possible. 

Article 6. Vocational training and apprenticeships. In its previous comments, the Committee noted the Government’s indication that a decree determining the conditions of work for vocational training and apprenticeships will be examined by the tripartite National Labour Council (CNT). It also noted the Government’s indication that the Ministry of Employment and Vocational Training was preparing various regulations on vocational training which were due to be examined in 2006. In addition, the Committee noted that the Ministry of Employment and Vocational Training was planning to submit a bill to Parliament on the national employment policy, in which further vocational training and apprenticeships are a priority objective. The Committee notes the Government’s statement that the abovementioned projects are indeed under way and that the abovementioned texts are currently before the CNT and due to be enacted by the end of the year. The Committee requests the Government to provide copies of the legislative texts on apprenticeships and vocational training once they are adopted.

Article 7. Light work. Further to its previous comments, the Committee notes with interest that section 2 of Decree No. 2007-563 states that children over 15 years of age may be recruited for light work which: (a) is not beyond the children’s strength; (b) is not a source of danger; (c) does not jeopardize the health or physical, mental, spiritual, moral or social development of children. Section 3 of the Decree states that children aged 14 or 15 may exceptionally be authorized by the labour inspector to perform light work provided that they have completed their compulsory schooling. Section 3(2) states that such authorizations are granted only after a prior investigation of the conditions of work, occupational health and safety, the working environment, the protection, health and schooling of the child and local circumstances. The Committee duly notes this information.

Part V of the report form. Application of the Convention in practice. Further to its previous comments, the Committee notes the Government’s statement that, apart from the various activities already undertaken concerning child labour, a new Memorandum of Understanding (MOU) was signed by the ILO and the Government of Madagascar in July 2007. The MOU covers the pursuit of activities for the prevention and elimination of child labour in Madagascar via the PACTE division, which acts in an executive secretarial capacity for the CNLTE. The Committee also notes the Government’s information to the effect that a national survey of child labour, conducted by the National Institute of Statistics in collaboration with ILO/IPEC, is currently in progress and that a first batch of results will be available in early 2008. The Government states, however, that the number of working children is on the increase since the ratio has risen from 1:7 to 1:3. Specifically, according to the 2006 report of the ILO/IPEC programme of action for reinforcing human and vocational capacities in the context of combating child labour in the Antohomadinika district of Antananarivo, more than 1,377,800 children work, 63 per cent of whom are under 15 years of age. While noting once again the Government’s efforts to combat child labour, the Committee is concerned at the real situation of young children in Madagascar being forced to work. The Committee therefore urges the Government to renew its efforts to achieve a gradual improvement in the situation. It also requests it to send a copy of the results achieved by the national survey of child labour once they are available.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided by the Government in its report. It notes with interest the adoption of Act No. 2003-044 of 28 July 2004 issuing the Labour Code [hereinafter the Labour Code], which repeals Act No. 94-029 of 25 August 1995 issuing the Labour Code [hereinafter Act No. 94-029 of 25 August 1995].

Article 1 of the Convention. National policy. 1. National Plan of Action against Child Labour. In its previous comments, the Committee noted the adoption of the National Plan of Action against Child Labour in Madagascar. It also noted the development of six sectoral plans covering the rural sector, extractive industries, manufacturing industries, domestic service, catering and trade, and miscellaneous activities. It requested the Government to provide information on the impact of the National Plan of Action and the sectoral plans referred to above. The Committee notes the information provided by the Government that, in the context of the project undertaken by the Ministry of Labour entitled “Improvement of the situation of street children”, which forms part of the immediate action for the elimination of child labour, the funds allocated to the Public Investment Programme 2005 have been increased with a view to extending its application to other regions of the country. The Committee requests the Government to provide information on the impact of the National Plan of Action and the sectoral plans referred to above in terms of the abolition of child labour in practice.

2. Institutional support programme for the abolition of child labour. The Committee previously noted the establishment of the institutional support programme for the abolition of child labour in Madagascar. It requested the Government to provide information on the implementation of the institutional support programme and the results achieved. The Committee notes the information provided by the Government that the programme is currently engaged in compiling the texts relating to child labour. The Committee requests the Government to continue providing information on the institutional support programme in relation to the measures adopted or envisaged for the abolition of child labour.

Article 2, paragraph 1. 1. Scope of application. The Committee noted previously that, under the terms of section 1, the Labour Code applies to all workers whose contract of employment, whatever its form, is executed in Madagascar and it noted that under the terms of this provision the Labour Code only applies to an employment relationship. The Committee requested the Government to provide information on the manner in which children who are not bound by an employment relationship, such as those who work on their own account, benefit from the protection envisaged in the Convention. In its report, the Government indicates that it has taken due note of the observations made by the Committee on this matter and confirms that the new Labour Code only applies to an employment relationship. It adds that, in the case of children who are not bound by an employment relationship, no text explicitly affording them protection exists at the present time. However, the Government emphasizes that the National Plan of Action against Child Labour was established precisely to bring an end to this situation. Noting the indications provided by the Government, the Committee requests it to provide information on the measures adopted in the context of the National Plan of Action to ensure that children who are not bound by an employment relationship, such as those who work on their own account, benefit from the protection envisaged in the Convention.

2. Minimum age for admission to employment or work. Further to its previous comments, in which it noted that sections 1 and 100 of Act No. 94-029 of 25 August 1995 established a minimum age for admission to employment or work lower than that specified when Madagascar ratified the Convention, the Committee notes with interest that section 100 of the new Labour Code establishes the minimum age for admission to employment at 15 years, in conformity with the age specified when the Convention was ratified.

Article 2, paragraph 3. Age of completion of compulsory schooling. In its previous comments, the Committee noted that Order No. 3949/87 raised the age of completion of compulsory schooling from 14 to 16 years. The Committee however noted that, according to a document published by the UNESCO International Bureau of Education, the age of completion of compulsory schooling is lower than the minimum age for admission to employment or work. It reminded the Government that the requirement set out in Article 2, paragraph 3, of the Convention is met in so far as the minimum age for work, namely 15 years in Madagascar, is not lower than the age of completion of compulsory schooling. The Committee requested the Government to indicate the age of completion of compulsory schooling. The Committee notes the information provided by the Government that section 100 of the Labour Code establishes that the age for access to employment is 15 years and that this age shall not in any case be lower than the age of completion of schooling. It also notes the Government's indication that work is currently under way on the preparation of the implementing texts for the Labour Code and that measures will be taken jointly with the Ministry of National Education to comply with the provisions of the Convention. The Committee requests the Government to provide information on the work of preparing texts to give effect to the Labour Code and the measures that are to be taken with the Ministry of National Education for the specification of the age of completion of compulsory schooling.

Article 3. Hazardous work. In its previous comments, the Committee noted that certain provisions of Decree No. 62-152 of 28 March 1962 were not in conformity with Article 3 of the Convention, particularly with regard to the age for admission to hazardous work and the possibility to perform hazardous work from the age of 16. It reminded the Government that, under the terms of Article 3, paragraph 1, of the Convention, the minimum age for admission to hazardous work, that is any type of employment or work which, by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18. The Committee also reminded the Government that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young persons between 16 and 18 years of age, on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee requested the Government to take the necessary measures to bring the national legislation into conformity with the Convention on this matter.

In this respect, the Government indicates that it has taken due note of the comments made by the Committee of Experts concerning Decree No. 62-152 of 28 March 1962. It adds that work is being carried out for the preparation of texts to give effect to the Labour Code, as envisaged by Act No. 2003-044 of 28 September 2003, and that the new provisions will be referred to the National Labour Council (CNT) for its opinion before enactment. The Government also indicates that the new texts will take into account the Conventions ratified by Madagascar. While noting the information provided by the Government, the Committee hopes that the implementing texts for the new Labour Code will be adopted in the near future and requests the Government to provide information on any progress achieved in this regard.

Article 6. Vocational training and apprenticeship. Further to its previous comments, in which it requested the Government to provide information on the system of vocational training and on the provisions applicable to apprenticeship, the Committee notes that sections 31 to 34 and 191 to 198 of the Labour Code regulate apprenticeship and vocational training, respectively. By virtue of sections 32 and 193, decrees or regulations will establish the conditions under which apprenticeship and vocational training are conducted. In this connection, the Committee notes the Government’s indication that a decree determining the conditions of work of apprentices will be examined in the near future by the CNT, which is a tripartite body. It further notes the Government’s indication that the Ministry of Employment and Vocational Training is currently preparing various regulations on vocational training. These texts should be examined during the course of the year by the CNT. In addition, the Committee notes that the Ministry of Employment and Vocational Training is planning to submit a bill to Parliament on the national employment policy, in which further vocational training and apprenticeship are priority objectives. The Committee requests the Government to provide a copy of the legislation respecting apprenticeship and vocational training as soon as it is adopted.

Article 7. Light work. Further to its previous comments, the Committee notes that, under the terms of section 102 of the Labour Code, children may not be employed in any enterprise, even as apprentices, before the age of 15 years without the authorization of the labour inspector, taking into account local circumstances, the work that they may be called upon to perform and on condition that the work is not harmful to their health and normal development. The Committee notes that section 102 allows admission to employment in enterprises before the age of 15 years where so authorized by the labour inspector. The Committee reminds the Government that, in accordance with Article 7,  paragraph 1, of the Convention, national laws or regulations may permit the employment of persons 13 to 15 years of age on light work, on condition that the work is not likely to be harmful to their health or development and that it is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Furthermore, under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee requests the Government to take the necessary measures to ensure that work performed by children under 15 years of age is only permitted in the case of light work as from the age of 13 years, in accordance with Article 7, paragraph 1. It also requests the Government to indicate the activities in which employment on light work may be authorized and to provide information on the conditions of work prescribed, particularly with regard to the hours of work and conditions of employment and work.

Part V of the report form. Application of the Convention in practice. The Committee noted previously that, in its second periodic report to the Committee on the Rights of the Child in February 2001 (CRC/C/70/Add.18), the Government indicated that as a result of the socio-economic crises throughout the world, child labour was continuing to increase, especially in developing countries, and that Madagascar was no exception. It also indicated that most working children, whether in urban, suburban or rural areas, are in the informal economy. The Committee noted a study entitled “Child labour in Madagascar: An evaluation”, carried out by UNICEF in June 1997 at the request of ILO/IPEC. The Committee noted that the study had been able to determine the nature and scope of child labour in the country. The sectors in which children worked were: agriculture, domestic service, extractive industries (quarries, salt mines), manufacturing industries, livestock, transport and maintenance, shops, casual street employment, fishing, metalworking, forestry, marginal activities and catering. The Committee expressed deep concern at the situation of very young children in Madagascar who are compelled to work and requested the Government to provide information on the manner in which the Convention is applied in practice.

The Committee notes the Government’s indication that it is more determined than ever to combat child labour and that it is committed to developing all the appropriate infrastructure for the implementation at both the central and regional levels of the National Plan of Action against Child Labour. The Government adds that the Ministry of Labour, together with ILO/IPEC, the local authorities and private and public institutions working on behalf of children, has organized many information and awareness-raising workshops on the issue of child labour. Furthermore, according to the Government, while it is not easy to combat child labour, the information and awareness-raising activities carried out in the country have had an impact on the population and the authorities, even though the results have not yet been seen on a broad scale. The Committee notes that the new Labour Code tends to provide greater protection for certain categories of workers, including children. This trend is reflected by the penalties envisaged in section 261, which are more severe for offences under the provisions relating to child labour. However, it notes that the documents relating to the percentage of child workers in Madagascar, particularly by age group and wage level, which should have been attached to the Government’s report, have not been received by the Office. It observes that the study referred to above was carried out in 1997 and that it would be important for the Government to supply these documents to enable the Committee to have an up to date view of the nature and extent of child labour in the country. Noting the efforts made by the Government to address child labour, and its commitment to combating the problem, the Committee once again strongly encourages the Government to renew its efforts to improve the situation progressively. It requests the Government to provide information on the manner in which the Convention is applied in practice including, for example, statistical data on the employment of children and young persons by age group, extracts of the reports of inspection services and information on the number and nature of the contraventions reported.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that the Parliament of Madagascar is currently examining a draft Labour Code which has been commented upon by the Office. It hopes that the draft Labour Code will take into account the Office’s comments, as well as those made below. The Committee requests the Government to provide a copy of the Code once it has been adopted.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the information provided by the Government and observes that it is taking various measures to abolish child labour. The Committee also notes that the Government has formulated, with the collaboration of ILO/IPEC, a National Plan of Action on Child Labour in Madagascar. In its second periodic report submitted to the Committee on the Rights of the Child in February 2001 (CRC/C/70/Add.18, paragraphs 1157-1159), the Government indicates that the National Plan of Action covers the following strategic aspects: poverty and rural underdevelopment; improvement of the educational and training systems; social protection; and awareness-raising and training. Furthermore, six sectoral plans have been developed covering: rural child workers (agriculture, livestock, sylviculture, fishing); extractive industries; manufacturing industries (metalworking, garages, wood, brick-making, construction); children in domestic service; children working in catering and trade; and children engaged in miscellaneous activities. The Government adds that, to coordinate the various programmes, a National Steering Committee (CDM) has been established and brings together ministerial departments and NGOs. Its role is to coordinate and approve the various national programmes of action on child labour covering a minimum of three years. The Committee requests the Government to provide information on the impact of the National Plan of Action and the sectoral plans referred to above on the abolition of child labour in practice.

The Government also indicates that it signed a Memorandum of Understanding (MOU) with ILO/IPEC in June 1998. In the context of this MOU, the Government has established, with the technical assistance of ILO/IPEC, the "Institutional support programme for the abolition of child labour in Madagascar". This programme envisages: bringing the various actors together in the context of national seminars to analyse and identify needs, especially in relation to the legal framework; the creation of synergy around interdisciplinary awareness of the negative effects of early work on the health and normal development of children; the formulation of texts relating to the various fields of child labour; strengthening the capacities of the actors through training; and achieving coherence between texts and actions relating to child labour. The Government indicates that this programme of action is intended to have a lasting effect through the formulation and adoption of a full and harmonized legal basis respecting child labour which takes into account international standards and abolishes abusive practices, the establishment of supervisory machinery and the definition of the responsibilities of each actor. The Committee requests the Government to provide information on the implementation of the "Institutional support programme for the abolition of child labour in Madagascar and the results achieved".

Article 2, paragraph 1. 1. Scope of application. The Committee notes that, under the terms of section 1, the Labour Code applies to all workers whose contract of employment, whatever its form, is executed in Madagascar. The Committee notes that under the terms of this provision the Labour Code only applies to an employment relationship. The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not they are carried out on the basis of an employment relationship and whether or not they are paid. The Committee requests the Government to provide information on the manner in which children who are not bound by an employment relationship, such as those who work on their own account, benefit from the protection envisaged in the Convention.

2. Minimum age for admission to employment or work. The Committee notes that, when ratifying the Convention, Madagascar specified a minimum age for admission to employment or work of 15 years. The Committee also notes that section 1 of the Labour Code provides that it is prohibited to employ young persons under 14 years of age, even as family helps. It also notes that, under the terms of section 100 of the Labour Code, children cannot be employed in any enterprise, even as apprentices, before the age of 14 years without the authorization of the labour inspector, taking into account local circumstances and the work which may be required of them, and on condition that the work is not harmful to their health or normal development. The Committee notes that these provisions of the Labour Code establish a minimum age for admission to employment or work which is lower than that specified when ratifying the Convention. However, the Committee notes that section 98(1) of the draft Labour Code sets the statutory age for admission to employment at 15 years, in conformity with the age specified when ratifying the Convention. The Committee trusts that this draft Labour Code, which sets the minimum age for admission to employment or work at 15 years, will soon be adopted.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, under the terms of article 23 of the Constitution of the Republic of Madagascar, every child has the right to instruction and to education under the responsibility of the parents, with respect to their freedom of choice. Under article 24 of the Constitution, the State undertakes to organize public education, free and accessible to all. Primary education is compulsory for all. According to the information provided by the Government in its report under Convention No. 33, Order No. 3949/87 raised the age of completion of compulsory schooling from 14 to 16 years. However, the Committee notes that, according to a document providing basic data for Madagascar, published by the UNESCO International Bureau of Education, primary education is compulsory and consists of five years of schooling. The official age at which it commences is 6 years. Secondary schooling is composed of two cycles, the first for four years and the second for three years. Secondary schooling does not appear to be compulsory. The Committee notes that, according to the UNESCO data, the age of completion of compulsory schooling is lower than the minimum age for admission to employment or work. Indeed, if the official age for the commencement of primary schooling is 6 and its compulsory duration is five years, the age of completion of compulsory education would accordingly be 11 years. The Committee recalls that the requirement set out in Article 2, paragraph 3, of the Convention is met in so far as the minimum age for work, namely 15 years in Madagascar, is not less than the age of completion of compulsory schooling. However, it considers it desirable that the age of completion of compulsory schooling should be the same as the minimum age for admission to employment or work, in accordance with Paragraph 4 of Recommendation No. 146, in order to avoid a period of enforced inactivity. The Committee requests the Government to indicate the age of completion of compulsory schooling and to provide a copy of Order No. 3949/87.

Article 3. 1. Age of admission to hazardous work. The Committee notes that under section 1 of Decree No. 62-152 of 28 March 1962, establishing the working conditions of children, women and pregnant women, issued under section 94 of the Labour Code, children of either sex aged under 18 years may not be employed in work that exceeds their strength, is liable to be hazardous or which, by its nature and the circumstances in which it is performed, is likely to jeopardize their morals. However, section 13 of Decree No. 62-152, which provides that children may not perform work using circular or bandsaws, allows for a derogation, with written authorization granted after an investigation, which may be revoked by the inspector of labour and labour laws, for children over 15 years of age who may be allowed to perform work using bandsaws. Furthermore, section 14 of Decree No. 62-152, which provides that in sheet glass factories and other glass works, children aged under 18 years of age may not be engaged in glass handling, blowing or drawing, also allows for a derogation, with written authorization issued following an investigation and which may be revoked by the inspector of labour and labour laws, without however specifying the age of the young person. The Committee reminds the Government that, under the terms of Article 3, paragraph 1, of the Convention, the minimum age for admission to hazardous work, that is any type of employment or work which by its nature or by the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. The Committee requests the Government to take the necessary measures to ensure that no person under 18 years of age, except in accordance with the exceptions permitted by the Convention, is authorized to perform types of hazardous work, in accordance with Article 3, paragraph 1.

2. Determination of types of hazardous employment or work. The Committee notes that Decree No. 62-152 of 28 March 1962 establishing the conditions of work of children, women and pregnant women contains a list of types of work prohibited for young persons under 18 years of age. In addition to certain precise provisions concerning the types of activities that are prohibited, the Decree contains two schedules. Schedule A has two parts, the first of which solely concerns young persons and the second relating to young persons and women. Under section 18 of Decree No. 62-152, children are prohibited from having access to premises in which the types of work mentioned in Schedule A are carried out. Schedule B contains a list of establishments in which the employment of young persons under 18 years of age is authorized under certain conditions. The Committee notes that this Order was adopted nearly 50 years ago. It draws the Government’s attention to Paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146), which calls for the periodic re-examination and revision of the list of the types of employment or work covered by Article 3 of the Convention, as necessary, particularly in the light of advancing scientific and technical knowledge.

3. Authorization to employ young persons from the age of 16 years. The Committee notes that Decree No. 62-152 of 28 March 1962 establishing the conditions of work of children, women and pregnant women, permits the employment of young persons from the age of 16 years in types of hazardous work. Hence, section 12 of Decree No. 62-152, which provides that young persons may not be engaged in work involving the use of mechanical chisels and other cutting blades, or presses of any nature other than those which are hand-operated, allows for a derogation for young persons aged over 16 years, with a written authorization issued following an investigation which may be revoked by the inspector of labour and labour laws. Section 13, which provides that children may not be engaged in work involving circular or bandsaws, also allows for a derogation, with written authorization issued after an investigation and which may be revoked by the inspector of labour and labour laws, for young persons aged over 16 years, who may be allowed to perform work involving circular saws. Section 16 prohibits the employment of children under 16 years in: (1) the operation of vertical wheels, winches and pulleys; (2) the operation of steam valves; (3) work performed on mobile platforms; (4) in public performances given in theatres, cinemas, cafés or circuses involving hazardous feats of strength or contortion; and (5) as doublers for rolling mills in workplaces where wire rods are laminated and drawn out. Furthermore, under section 19 of Decree No. 62-152, child labour in the workplaces enumerated in Schedule B is only authorized under the conditions set out in the Schedule. It is accordingly permitted to employ young persons over 16 years of age under specific conditions in 11 establishments and children of 17 years of age, also subject to certain conditions, in one establishment.

The Committee reminds the Government that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young persons between 16 and 18 years of age, on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. It also recalls that this provision of the Convention consists of a limited exception to the general rule of the prohibition placed upon young persons under 18 years of age of performing types of hazardous work, and not a total authorization for the performance of types of hazardous work from the age of 16 years. The Committee therefore requests the Government to provide information on the measures adopted to ensure that the performance of types of hazardous work by young persons between 16 and 18 years of age is only authorized in accordance with the provisions of Article 3, paragraph 3, of the Convention.

Article 6. 1. Vocational training. The Committee notes that section 124 of the Labour Code provides that vocational training is a right for all workers. Section 125 of the Labour Code provides that the State, local communities, public establishments, public and private educational establishments, associations, occupational organizations and enterprises shall collaborate in providing vocational training under conditions set out in specific regulations. The Committee requests the Government to provide information on the application in practice of the vocational training system.

2. Apprenticeship. The Committee notes that section 100 of the Labour Code prohibits the employment of young persons under 14 years of age, even as apprentices, except with the authorization of the labour inspectorate, taking into account local circumstances, the work which may be required of them and on condition that the work is not prejudicial to their health and their normal development. Section 127 of the Labour Code provides that a decree issued following advice from the National Employment Council shall establish the basic conditions, the form and effects of apprenticeship contracts. However, the Committee notes that no decree issuing regulations governing apprenticeship contracts appears to have been adopted. It reminds the Government that, under the terms of Article 6, the Convention does not apply to work done by young persons at least 14 years of age in enterprises, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an enterprise which has been approved by the competent authority; or (c) a programme of orientation designed to facilitate the choice of an occupation or of a line of training. The Committee requests the Government to provide information in its next report on the rules applicable to apprenticeship in Madagascar, the conditions of work of apprentices in practice and the consultations held with the organizations of employers and workers concerned. Furthermore, the Committee requests the Government to indicate whether authorizations for work have been granted by the labour inspectorate for apprentices under 14 years of age.

Article 7. Light work. The Committee notes that the Government does not provide any information on the application of this provision. Nevertheless, section 100 of the Labour Code prohibits the employment of young persons under 14 years of age, except with an authorization from the labour inspectorate, taking into account local circumstances, the work which may be required of them and on condition that the work is not prejudicial to their health or normal development. The Committee reminds the Government that, under the terms of Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment of persons 13 to 15 years of age on light work, on condition that the work is not likely to be harmful to their health or development and that it is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Furthermore, under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee notes that section 100 of the Labour Code allows daily work by persons under the minimum age specified when ratifying the Convention under certain conditions, whereas paragraphs 1 and 3 of Article 7 authorize the employment of persons 13 to 15 years of age on light work. The Committee requests the Government to take the necessary measures to ensure in its legislation that the work performed by children under 15 years of age is only authorized in the exceptional case of light work as from 13 years of age, in accordance with Article 7, paragraph 1, of the Convention. It also requests the Government to indicate the activities in which light work may be authorized and to provide information on the conditions of work prescribed, particularly with regard to the hours of work and conditions of employment and work.

Article 8. Artistic performances. The Committee notes that the Government does not provide any information on the application of this provision. However, it notes that under section 16(4) of Decree No. 62-152 of 28 March 1962 establishing the working conditions of children, women and pregnant women, young persons under 16 years of age may not be engaged in public performances given in theatres, cinemas, cafés or circuses involving the performance of hazardous feats of strength or contortion. The Committee reminds the Government that Article 8 of the Convention provides for the possibility of granting, in derogation of the minimum age for admission to employment of work, and after consultation of the organizations of employers and workers concerned, permits in individual cases for participation in activities such as artistic performances. Permits so granted must place limits on the number of hours during which and prescribe the conditions in which such employment or work is allowed. The Committee requests the Government to provide information on the application of section 16(4) of Decree No. 62-152 of 28 March 1962 establishing the working conditions of children, women and pregnant women, particularly with regard to the procedure for the authorization of such work, the number of hours for which such work is authorized and the conditions of work.

Parts III and V of the report form. Supervision and application of the Convention in practice. With reference to the comments that it made in 2003 in relation to the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee notes that the Government has launched various activities to raise awareness of child labour in the context of ILO/IPEC. It notes in particular the measures to train labour inspectors in this field and the implementation by the ministries responsible for labour and justice, in collaboration with ILO/IPEC, of a programme to strengthen the institutions concerned. Furthermore, as a survey carried out under the ILO/IPEC project showed that child labour is as significant in rural as in urban areas, labour inspectors throughout the territory received training in May 2000 to improve their capacities for the inspection of child labour. The Committee notes that this training raised their awareness of the prejudicial effects of child labour and helped them to determine the action to be taken with a view to improving inspection and eliminating the phenomenon.

The Committee also notes that in its second periodic report to the Committee on the Rights of the Child in February 2001 (CRC/C/70/Add.18, paragraphs 1126, 1139, 1144 and 1147 to 1153), the Government indicated that as a result of the socio-economic crises throughout the world, child labour continues to increase, especially in developing countries. Madagascar is no exception and has seen an increase in the number of children, ever younger, working in various sectors, in contravention of labour legislation and regulations. It adds that most working children, whether in urban, suburban or rural areas, are in the informal economy. A study entitled "Child labour in Madagascar: An evaluation" was carried out by UNICEF in June 1997 at the request of ILO/IPEC. It was intended to shed light on the main determinants of child labour and its impact on schooling. The study was carried out by multidisciplinary teams comprising three people (a labour inspector, a doctor and a representative of an NGO dealing with children in difficulties) constituted in each of the six provinces of Madagascar. In the context of these surveys, some 2,649 interviews were carried out of children working in the following sectors: agriculture, livestock, forestry and fishing (33.3 per cent); mining, precious stones, quarries (11.6 per cent); food industries, wood, textiles, brick-making (17.5 per cent); domestic service (13 per cent); and trade and services (24 per cent). The Committee notes that these surveys were able to determine the nature and scope of child labour in the country. The distribution of working children by age is: 1.5 per cent of children under 7 years of age; 13 per cent of those between 7 and 9 years; 38 per cent of 10- to 12-year-olds; and 48.2 per cent of 13- and 14-year-olds. The distribution of child workers by sex is 62 per cent of boys and 38 per cent of girls. The branches of activity in which children work (in ascending order of importance) are: agriculture, domestic service, extractive industries (quarries, salt works), miscellaneous manufacturing industries, livestock, transport and storekeeping, trading (fixed vendors), casual street employment (peddlers, vendors, cleaners, door attendants), fishing (small-scale traditional), metalworking (garages), forestry, marginal activities and catering. In its concluding observations in October 2003 (CRC/C/15/Add.218, paragraphs 59 and 60), the Committee on the Rights of the Child, while noting with appreciation the adoption of the National Plan of Action on child labour and the ongoing programme with ILO/IPEC, expressed deep concern at the fact that child labour in the country is still widespread, in particular in the informal economy, including domestic work, and that children may be working long hours at young ages and in difficult conditions, which has a negative effect on their development and school attendance. The Committee on the Rights of the Child recommended, inter alia, increasing the number of labour inspectors and providing them with adequate resources, paying particular attention to the issue of domestic work and continued collaboration with ILO/IPEC.

The Committee likewise expresses its deep concern at the actual situation of very young children in Madagascar who are compelled to work. It therefore strongly encourages the Government to renew its efforts to improve this situation progressively. The Committee also requests the Government to provide precise information on the manner in which the Convention is applied in practice including, for example, statistical data on the employment of children and young persons by age group, extracts of the reports of inspection services and information on the number and nature of contraventions reported.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes the Government’s first report. It also notes that the Parliament of Madagascar is currently examining a draft Labour Code which has been commented upon by the Office. It hopes that the draft Labour Code will take into account the Office’s comments, as well as those made below. The Committee requests the Government to provide a copy of the Code once it has been adopted.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the information provided by the Government and observes that it is taking various measures to abolish child labour. The Committee also notes that the Government has formulated, with the collaboration of ILO/IPEC, a National Plan of Action on Child Labour in Madagascar. In its second periodic report submitted to the Committee on the Rights of the Child in February 2001 (CRC/C/70/Add.18, paragraphs 1157-1159), the Government indicates that the National Plan of Action covers the following strategic aspects: poverty and rural underdevelopment; improvement of the educational and training systems; social protection; and awareness-raising and training. Furthermore, six sectoral plans have been developed covering: rural child workers (agriculture, livestock, sylviculture, fishing); extractive industries; manufacturing industries (metalworking, garages, wood, brick-making, construction); children in domestic service; children working in catering and trade; and children engaged in miscellaneous activities. The Government adds that, to coordinate the various programmes, a National Steering Committee (CDM) has been established and brings together ministerial departments and NGOs. Its role is to coordinate and approve the various national programmes of action on child labour covering a minimum of three years. The Committee requests the Government to provide information on the impact of the National Plan of Action and the sectoral plans referred to above on the abolition of child labour in practice.

The Government also indicates that it signed a Memorandum of Understanding (MOU) with ILO/IPEC in June 1998. In the context of this MOU, the Government has established, with the technical assistance of ILO/IPEC, the "Institutional support programme for the abolition of child labour in Madagascar". This programme envisages: bringing the various actors together in the context of national seminars to analyse and identify needs, especially in relation to the legal framework; the creation of synergy around interdisciplinary awareness of the negative effects of early work on the health and normal development of children; the formulation of texts relating to the various fields of child labour; strengthening the capacities of the actors through training; and achieving coherence between texts and actions relating to child labour. The Government indicates that this programme of action is intended to have a lasting effect through the formulation and adoption of a full and harmonized legal basis respecting child labour which takes into account international standards and abolishes abusive practices, the establishment of supervisory machinery and the definition of the responsibilities of each actor. The Committee requests the Government to provide information on the implementation of the "Institutional support programme for the abolition of child labour in Madagascar and the results achieved".

Article 2, paragraph 1. 1. Scope of application. The Committee notes that, under the terms of section 1, the Labour Code applies to all workers whose contract of employment, whatever its form, is executed in Madagascar. The Committee notes that under the terms of this provision the Labour Code only applies to an employment relationship. The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not they are carried out on the basis of an employment relationship and whether or not they are paid. The Committee requests the Government to provide information on the manner in which children who are not bound by an employment relationship, such as those who work on their own account, benefit from the protection envisaged in the Convention.

2. Minimum age for admission to employment or work. The Committee notes that, when ratifying the Convention, Madagascar specified a minimum age for admission to employment or work of 15 years. The Committee also notes that section 1 of the Labour Code provides that it is prohibited to employ young persons under 14 years of age, even as family helps. It also notes that, under the terms of section 100 of the Labour Code, children cannot be employed in any enterprise, even as apprentices, before the age of 14 years without the authorization of the labour inspector, taking into account local circumstances and the work which may be required of them, and on condition that the work is not harmful to their health or normal development. The Committee notes that these provisions of the Labour Code establish a minimum age for admission to employment or work which is lower than that specified when ratifying the Convention. However, the Committee notes that section 98(1) of the draft Labour Code sets the statutory age for admission to employment at 15 years, in conformity with the age specified when ratifying the Convention. The Committee trusts that this draft Labour Code, which sets the minimum age for admission to employment or work at 15 years, will soon be adopted.

Article 2, paragraph 3. Age of completion of compulsory schooling. The Committee notes that, under the terms of article 23 of the Constitution of the Republic of Madagascar, every child has the right to instruction and to education under the responsibility of the parents, with respect to their freedom of choice. Under article 24 of the Constitution, the State undertakes to organize public education, free and accessible to all. Primary education is compulsory for all. According to the information provided by the Government in its report under Convention No. 33, Order No. 3949/87 raised the age of completion of compulsory schooling from 14 to 16 years. However, the Committee notes that, according to a document providing basic data for Madagascar, published by the UNESCO International Bureau of Education, primary education is compulsory and consists of five years of schooling. The official age at which it commences is 6 years. Secondary schooling is composed of two cycles, the first for four years and the second for three years. Secondary schooling does not appear to be compulsory. The Committee notes that, according to the UNESCO data, the age of completion of compulsory schooling is lower than the minimum age for admission to employment or work. Indeed, if the official age for the commencement of primary schooling is 6 and its compulsory duration is five years, the age of completion of compulsory education would accordingly be 11 years. The Committee recalls that the requirement set out in Article 2, paragraph 3, of the Convention is met in so far as the minimum age for work, namely 15 years in Madagascar, is not less than the age of completion of compulsory schooling. However, it considers it desirable that the age of completion of compulsory schooling should be the same as the minimum age for admission to employment or work, in accordance with Paragraph 4 of Recommendation No. 146, in order to avoid a period of enforced inactivity. The Committee requests the Government to indicate the age of completion of compulsory schooling and to provide a copy of Order No. 3949/87.

Article 3. 1. Age of admission to hazardous work. The Committee notes that under section 1 of Decree No. 62-152 of 28 March 1962, establishing the working conditions of children, women and pregnant women, issued under section 94 of the Labour Code, children of either sex aged under 18 years may not be employed in work that exceeds their strength, is liable to be hazardous or which, by its nature and the circumstances in which it is performed, is likely to jeopardize their morals. However, section 13 of Decree No. 62-152, which provides that children may not perform work using circular or bandsaws, allows for a derogation, with written authorization granted after an investigation, which may be revoked by the inspector of labour and labour laws, for children over 15 years of age who may be allowed to perform work using bandsaws. Furthermore, section 14 of Decree No. 62-152, which provides that in sheet glass factories and other glass works, children aged under 18 years of age may not be engaged in glass handling, blowing or drawing, also allows for a derogation, with written authorization issued following an investigation and which may be revoked by the inspector of labour and labour laws, without however specifying the age of the young person. The Committee reminds the Government that, under the terms of Article 3, paragraph 1, of the Convention, the minimum age for admission to hazardous work, that is any type of employment or work which by its nature or by the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons, shall not be less than 18 years. The Committee requests the Government to take the necessary measures to ensure that no person under 18 years of age, except in accordance with the exceptions permitted by the Convention, is authorized to perform types of hazardous work, in accordance with Article 3, paragraph 1.

2. Determination of types of hazardous employment or work. The Committee notes that Decree No. 62-152 of 28 March 1962 establishing the conditions of work of children, women and pregnant women contains a list of types of work prohibited for young persons under 18 years of age. In addition to certain precise provisions concerning the types of activities that are prohibited, the Decree contains two schedules. Schedule A has two parts, the first of which solely concerns young persons and the second relating to young persons and women. Under section 18 of Decree No. 62-152, children are prohibited from having access to premises in which the types of work mentioned in Schedule A are carried out. Schedule B contains a list of establishments in which the employment of young persons under 18 years of age is authorized under certain conditions. The Committee notes that this Order was adopted nearly 50 years ago. It draws the Government’s attention to Paragraph 10(2) of the Minimum Age Recommendation, 1973 (No. 146), which calls for the periodic re-examination and revision of the list of the types of employment or work covered by Article 3 of the Convention, as necessary, particularly in the light of advancing scientific and technical knowledge.

3. Authorization to employ young persons from the age of 16 years. The Committee notes that Decree No. 62-152 of 28 March 1962 establishing the conditions of work of children, women and pregnant women, permits the employment of young persons from the age of 16 years in types of hazardous work. Hence, section 12 of Decree No. 62-152, which provides that young persons may not be engaged in work involving the use of mechanical chisels and other cutting blades, or presses of any nature other than those which are hand-operated, allows for a derogation for young persons aged over 16 years, with a written authorization issued following an investigation which may be revoked by the inspector of labour and labour laws. Section 13, which provides that children may not be engaged in work involving circular or bandsaws, also allows for a derogation, with written authorization issued after an investigation and which may be revoked by the inspector of labour and labour laws, for young persons aged over 16 years, who may be allowed to perform work involving circular saws. Section 16 prohibits the employment of children under 16 years in: (1) the operation of vertical wheels, winches and pulleys; (2) the operation of steam valves; (3) work performed on mobile platforms; (4) in public performances given in theatres, cinemas, cafés or circuses involving hazardous feats of strength or contortion; and (5) as doublers for rolling mills in workplaces where wire rods are laminated and drawn out. Furthermore, under section 19 of Decree No. 62-152, child labour in the workplaces enumerated in Schedule B is only authorized under the conditions set out in the Schedule. It is accordingly permitted to employ young persons over 16 years of age under specific conditions in 11 establishments and children of 17 years of age, also subject to certain conditions, in one establishment.

The Committee reminds the Government that, under the terms of Article 3, paragraph 3, of the Convention, national laws or regulations may, after consultation with the organizations of employers and workers concerned, authorize the performance of types of hazardous work by young persons between 16 and 18 years of age, on condition that the health, safety and morals of the young persons concerned are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. It also recalls that this provision of the Convention consists of a limited exception to the general rule of the prohibition placed upon young persons under 18 years of age of performing types of hazardous work, and not a total authorization for the performance of types of hazardous work from the age of 16 years. The Committee therefore requests the Government to provide information on the measures adopted to ensure that the performance of types of hazardous work by young persons between 16 and 18 years of age is only authorized in accordance with the provisions of Article 3, paragraph 3, of the Convention.

Article 6. 1. Vocational training. The Committee notes that section 124 of the Labour Code provides that vocational training is a right for all workers. Section 125 of the Labour Code provides that the State, local communities, public establishments, public and private educational establishments, associations, occupational organizations and enterprises shall collaborate in providing vocational training under conditions set out in specific regulations. The Committee requests the Government to provide information on the application in practice of the vocational training system.

2. Apprenticeship. The Committee notes that section 100 of the Labour Code prohibits the employment of young persons under 14 years of age, even as apprentices, except with the authorization of the labour inspectorate, taking into account local circumstances, the work which may be required of them and on condition that the work is not prejudicial to their health and their normal development. Section 127 of the Labour Code provides that a decree issued following advice from the National Employment Council shall establish the basic conditions, the form and effects of apprenticeship contracts. However, the Committee notes that no decree issuing regulations governing apprenticeship contracts appears to have been adopted. It reminds the Government that, under the terms of Article 6, the Convention does not apply to work done by young persons at least 14 years of age in enterprises, where such work is carried out in accordance with conditions prescribed by the competent authority, after consultation with the organizations of employers and workers concerned, where such exist, and is an integral part of: (a) a course of education or training for which a school or training institution is primarily responsible; (b) a programme of training mainly or entirely in an enterprise which has been approved by the competent authority; or (c) a programme of orientation designed to facilitate the choice of an occupation or of a line of training. The Committee requests the Government to provide information in its next report on the rules applicable to apprenticeship in Madagascar, the conditions of work of apprentices in practice and the consultations held with the organizations of employers and workers concerned. Furthermore, the Committee requests the Government to indicate whether authorizations for work have been granted by the labour inspectorate for apprentices under 14 years of age.

Article 7. Light work. The Committee notes that the Government does not provide any information on the application of this provision. Nevertheless, section 100 of the Labour Code prohibits the employment of young persons under 14 years of age, except with an authorization from the labour inspectorate, taking into account local circumstances, the work which may be required of them and on condition that the work is not prejudicial to their health or normal development. The Committee reminds the Government that, under the terms of Article 7, paragraph 1, of the Convention, national laws or regulations may permit the employment of persons 13 to 15 years of age on light work, on condition that the work is not likely to be harmful to their health or development and that it is not such as to prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority or their capacity to benefit from the instruction received. Furthermore, under Article 7, paragraph 3, of the Convention, the competent authority shall determine the activities in which employment or work may be permitted and shall prescribe the number of hours during which and the conditions in which such employment or work may be undertaken. The Committee notes that section 100 of the Labour Code allows daily work by persons under the minimum age specified when ratifying the Convention under certain conditions, whereas paragraphs 1 and 3 of Article 7 authorize the employment of persons 13 to 15 years of age on light work. The Committee requests the Government to take the necessary measures to ensure in its legislation that the work performed by children under 15 years of age is only authorized in the exceptional case of light work as from 13 years of age, in accordance with Article 7, paragraph 1, of the Convention. It also requests the Government to indicate the activities in which light work may be authorized and to provide information on the conditions of work prescribed, particularly with regard to the hours of work and conditions of employment and work.

Article 8. Artistic performances. The Committee notes that the Government does not provide any information on the application of this provision. However, it notes that under section 16(4) of Decree No. 62-152 of 28 March 1962 establishing the working conditions of children, women and pregnant women, young persons under 16 years of age may not be engaged in public performances given in theatres, cinemas, cafés or circuses involving the performance of hazardous feats of strength or contortion. The Committee reminds the Government that Article 8 of the Convention provides for the possibility of granting, in derogation of the minimum age for admission to employment of work, and after consultation of the organizations of employers and workers concerned, permits in individual cases for participation in activities such as artistic performances. Permits so granted must place limits on the number of hours during which and prescribe the conditions in which such employment or work is allowed. The Committee requests the Government to provide information on the application of section 16(4) of Decree No. 62-152 of 28 March 1962 establishing the working conditions of children, women and pregnant women, particularly with regard to the procedure for the authorization of such work, the number of hours for which such work is authorized and the conditions of work.

Parts III and V of the report form. Supervision and application of the Convention in practice. With reference to the comments that it made in 2003 in relation to the Labour Inspection Convention, 1947 (No. 81), and the Labour Inspection (Agriculture) Convention, 1969 (No. 129), the Committee notes that the Government has launched various activities to raise awareness of child labour in the context of ILO/IPEC. It notes in particular the measures to train labour inspectors in this field and the implementation by the ministries responsible for labour and justice, in collaboration with ILO/IPEC, of a programme to strengthen the institutions concerned. Furthermore, as a survey carried out under the ILO/IPEC project showed that child labour is as significant in rural as in urban areas, labour inspectors throughout the territory received training in May 2000 to improve their capacities for the inspection of child labour. The Committee notes that this training raised their awareness of the prejudicial effects of child labour and helped them to determine the action to be taken with a view to improving inspection and eliminating the phenomenon.

The Committee also notes that in its second periodic report to the Committee on the Rights of the Child in February 2001 (CRC/C/70/Add.18, paragraphs 1126, 1139, 1144 and 1147 to 1153), the Government indicated that as a result of the socio-economic crises throughout the world, child labour continues to increase, especially in developing countries. Madagascar is no exception and has seen an increase in the number of children, ever younger, working in various sectors, in contravention of labour legislation and regulations. It adds that most working children, whether in urban, suburban or rural areas, are in the informal economy. A study entitled "Child labour in Madagascar: An evaluation" was carried out by UNICEF in June 1997 at the request of ILO/IPEC. It was intended to shed light on the main determinants of child labour and its impact on schooling. The study was carried out by multidisciplinary teams comprising three people (a labour inspector, a doctor and a representative of an NGO dealing with children in difficulties) constituted in each of the six provinces of Madagascar. In the context of these surveys, some 2,649 interviews were carried out of children working in the following sectors: agriculture, livestock, forestry and fishing (33.3 per cent); mining, precious stones, quarries (11.6 per cent); food industries, wood, textiles, brick-making (17.5 per cent); domestic service (13 per cent); and trade and services (24 per cent). The Committee notes that these surveys were able to determine the nature and scope of child labour in the country. The distribution of working children by age is: 1.5 per cent of children under 7 years of age; 13 per cent of those between 7 and 9 years; 38 per cent of 10- to 12-year-olds; and 48.2 per cent of 13- and 14-year-olds. The distribution of child workers by sex is 62 per cent of boys and 38 per cent of girls. The branches of activity in which children work (in ascending order of importance) are: agriculture, domestic service, extractive industries (quarries, salt works), miscellaneous manufacturing industries, livestock, transport and storekeeping, trading (fixed vendors), casual street employment (peddlers, vendors, cleaners, door attendants), fishing (small-scale traditional), metalworking (garages), forestry, marginal activities and catering. In its concluding observations in October 2003 (CRC/C/15/Add.218, paragraphs 59 and 60), the Committee on the Rights of the Child, while noting with appreciation the adoption of the National Plan of Action on child labour and the ongoing programme with ILO/IPEC, expressed deep concern at the fact that child labour in the country is still widespread, in particular in the informal economy, including domestic work, and that children may be working long hours at young ages and in difficult conditions, which has a negative effect on their development and school attendance. The Committee on the Rights of the Child recommended, inter alia, increasing the number of labour inspectors and providing them with adequate resources, paying particular attention to the issue of domestic work and continued collaboration with ILO/IPEC.

The Committee likewise expresses its deep concern at the actual situation of very young children in Madagascar who are compelled to work. It therefore strongly encourages the Government to renew its efforts to improve this situation progressively. The Committee also requests the Government to provide precise information on the manner in which the Convention is applied in practice including, for example, statistical data on the employment of children and young persons by age group, extracts of the reports of inspection services and information on the number and nature of contraventions reported.