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

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

Autre commentaire sur C182

Observation

Demande directe

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Articles 3(b) and 7(1) of the Convention. Worst forms of child labour and sanctions. Child prostitution. Further to its previous comments, the Committee notes the Government’s indications in its report according to which, in view of the increase in child sex tourism (CST), various types of action have been taken by the Ministry of Tourism for its elimination, including various awareness-raising measures, the establishment of a unit to combat tourist scourges within the Ministry of Tourism and the promotion and implementation of a Code of Conduct for tourism actors. The Government indicates that specific results have been achieved as a result of the dissemination of the Code of Conduct to the various actors in the tourism sector. These include surveys undertaken in 736 establishments between November 2019 and March 2020, in collaboration with youth associations and local universities in the five areas (Nosybe, Tuléar, Majunga, Tamatave and Fort Dauphin). The Government adds that measures have been taken within the framework of the Alliance 8.7 project, including the monitoring, awareness raising and protection of children from child prostitution and the commercial sexual exploitation of children (CSEC) in the Atsimo Andrefana region in 2019, in collaboration with the Ministry of Tourism to raise awareness of sex tourism and CSEC and enrol victims in schools.

While noting the measures taken by the Government, the Committee notes the Government’s indication that, not only has there been no follow-up to its request for data on the number of investigations carried out, prosecutions, convictions and penal sanctions imposed in cases of child prostitution in Madagascar, but establishments where cases of CST have been identified appear to have been subject only to administrative penalties. Moreover, the Government has not indicated the number of inspections carried out by youth and university associations. The Committee further notes the concern expressed by the United Nations Committee on the Rights of the Child on 9 March 2020 in response to reports that the sexual exploitation of children is widespread and tolerated in Madagascar, especially in tourist destinations (CRC/C/MDG/CO/5-6, paragraph 24). The Committee therefore once again notes with deep concern that there still appears to be a prevailing climate of impunity for crimes relating to child prostitution in the country. With regard to penalties, it refers to its indications in its 2012 General Survey on the fundamental Conventions (paragraphs 637–639). The Committee therefore once again urges the Government to take immediate measures to ensure that effective investigations and prosecutions are carried out and completed into persons suspected of procuring, using, offering and employing children for prostitution, and that sufficiently effective and dissuasive penalties are imposed. It requests the Government to provide information on statistics covering the number and nature of the violations reported, investigations, prosecutions, convictions and criminal penalties imposed in this respect.

Articles 3(d) and 7(2)(a) and (b). Hazardous types of work and effective and time-bound measures. Children engaged in hazardous work in the agricultural sector. Supporting Vanilla Sector Stakeholders to Benefit Children in the SAVA region (the SAVABE project). The Committee notes that the SAVABE project, which aims to achieve a sustainable improvement in the living conditions of vanilla-producing communities by ensuring the absence of child labour, was implemented by the ILO in the SAVA region between 2016 and 2020. The components of the project included the reduction of child labour through the mobilization and involvement of exporters in supply chain policies and programmes and the strengthening of the enforcement of child labour laws and referral and shelter systems for the protection of children. Within the context of this project, a baseline survey was undertaken in 2018. The Committee notes with concern that this survey revealed that 16.6 per cent of children in the region were exposed to child labour, of whom 67.1 per cent, representing 11.1 per cent of all children in the regions concerned, were engaged in work considered to be hazardous. Over half (51.6 per cent) of children considered to be engaged in hazardous forms of work were in the agricultural sector (other than vanilla) and 15.2 per cent were in the vanilla sector. The great majority of children engaged in hazardous forms of work (75.3 per cent) were classified as such on the basis of their conditions of work. Almost half of the children (45.1 per cent) worked long hours. Boys were more numerous than girls in hazardous forms of work (17.9 per cent compared with 8.7 per cent).

The Committee notes that the SAVABE project has resulted in several achievements. In particular, it notes the renewed dynamic, restructuring, training and equipment of the Regional Committee to Combat Child Labour in the SAVA region and the establishment of 27 local committees to combat child labour. While noting the measures adopted, the Committee requests the Government to strengthen its efforts to prevent children from being engaged in hazardous types of work in agriculture, including in the vanilla sector, and to remove children who are already working there and ensure their social rehabilitation and integration. It also requests the Government to continue providing information on the measures adopted in this regard and the results obtained in terms of the number of children identified and removed from hazardous types of work in these sectors, including through the action of the local committees.

Article 5. Monitoring mechanisms. Labour inspection. In its previous comments, the Committee noted that the Conference Committee on the Application of Standards had recommended the Government to take measures to improve the capacities of the labour inspection services, particularly to combat child labour in mines and quarries. The Committee notes that, within the framework of the European Union Trade for Decent Work (T4DW) project, of which Madagascar is one of the beneficiaries, 40 labour inspectors were trained in 2021 and 2022 on child labour in the mining sector, a practical guide for the use of labour inspectors was prepared on controlling child labour, and support was provided for the development of an overall strategic action plan for labour inspection, which envisages the strengthening of inspections in enterprises. The Committee also notes the Government’s indication that, in the context of the Alliance 8.7 project, the capacities of the labour inspection services are being reinforced through the provision of the necessary resources for monitoring as a basis for the adoption of prevention and protection measures. To overcome the absence of certain working tools, the means of action of labour inspectors have been strengthened, particularly through the provision of information and communication equipment. The Government adds that measures have been taken to enable the labour inspection services to have access to difficult sites in several regions and sectors, including brick making, tourist areas and mines and quarries. The Committee further notes that, according to the annual report of Alliance 8.7 pathfinder countries for May 2020 to April 2021 of Madagascar, the reinforcement of the powers of labour inspectors is envisaged through a revision of the Labour Code, which was commenced in February 2021. The Committee encourages the Government to continue taking the necessary measures to improve the capacities of the labour inspection services, particularly through the provisions of the necessary resources to enable labour inspectors to have access to difficult sites, especially mines and quarries, so that they can take effective action to combat the worst forms of child labour. It requests the Government to provide information on the measures adopted in this regard and on the number of children engaged in the worst forms of child labour who have been identified by labour inspectors as a result. The Government is also requested to report on progress in the revision of the Labour Code.

Article 6. Programmes of action. Joint National Plan to Combat Child Labour in the Mica Sector (PNC). The Committee notes that the Ministries of Labour, Population and Mines have joined efforts for the formulation of a Joint National Plan, with support from the ILO, the United Nations Development Programme (UNDP) and UNICEF, and other technical partners, within the framework of the T4DW project, of which Madagascar is one of the beneficiaries. According to the report on the action proposed in five African projects under the T4DW project in 2021, the Government confirmed that child labour in mica mines is a scourge in the country. The PNC therefore targets: (i) the formalization of small-scale mining activities in the region; (ii) the involvement of the private sector in action to combat child labour; (iii) education, awareness raising and communication to change behaviour concerning the problem of children and the community; (iv) the reinforcement of the child protection system; (v) the establishment of a social protection programme to remove children from the worst forms of child labour; and (vi) the strengthening of the resilience of communities in mica mining areas through economic diversification. The Committee also notes that, within the framework of the T4DW project, a qualitative study is being undertaken of child labour in the mica sector. The Committee encourages the Government to reinforce its efforts to combat the worst forms of child labour in mines and quarries, including mica mines. In this regard, it requests the Government to provide information on the specific measures taken within the framework of the implementation of the PNC to combat child labour in the mica sector, and on the results achieved in eliminating the worst forms of child labour in this sector. It also requests the Government to provide the findings of the study on child labour in the mica sector when it has been completed.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Street children. Further to its previous comments, the Committee notes the Government’s indication that the Public Investment Programme for Social Action (PIP) has been withdrawn from the public finance heading and reassigned to the operating budget of the Department for Labour and the Promotion of Fundamental Rights (DTPDF). The Government adds that the Manjarysoa Centre has been established to combat the worst forms of child labour around 67 Ha (a settlement located in Antananarivo). During 2019-2020, some 70 children were protected by the Centre and have benefited from school and vocational integration activities. The Committee requests the Government to renew its efforts to protect street children from the worst forms of child labour and to ensure their rehabilitation and social integration, particularly through the reintegration of the PIP in the budget of the DTPDF. It requests the Government to continue providing information on the number of street children who have benefited from school and vocational rehabilitation through the Manjarysoa Centre or any other centre established for this purpose.

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