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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Scroll to: National Report Civil and political rights: -Integrity and security of the person: Corporal punishment is prohibited in school, teachers practising corporal punishment must respond to their school director and are liable to penal prosecution. Education: There is a guaranteed right to education in the constitution; primary education is mandatory. Madagascar is part of the Education for All plan decided upon in Jomtien (Thailand) in 1990 and the Dakar Declaration of 2000, Madagascar has received grants for its Education for All programme through the Fast Track initiative. The part of the budget allocated to education has constantly risen and was at 17.6% in 2007. Enrollment rates are 123 % for primary school, 33.9 % for the first part of secondary education (collège) and 10.2 % for the second part (lycées). For the collèges, staff numbers have risen by 92 % from 2002 to 2006, the number of private and public schools has risen from 331 in 2001 to 488 in 2007. The girls/boys ratio is 50.44/49.56. For primary education, staff has risen from by 8.2 % from 2002 to 3,837,395 in 2006. The girls/boys ratio is 50.15/49.85. Generally, the ratio pupils/teachers was 52 in 2006 and 59.7 in 2003. There has been a national action plan for girl's education to address the problems of non-enrollment of girls in rural areas since 1995. As a result, girls/boys parity went from 0.883 in 1975 to 0.961 in 2005 in primary education; from 0.765 to 0.972 for the collèges; from 0.758 to 0.979 for the lycées. There are awareness-raising programmes to fight discriminatory practices in the enrolment of girls. There exists also a special programme to prevent the exclusion of girls due to early pregnancies. Girl's education initiatives are partly funded by the US government and UNICEF Informal education consists of kindergartens, functional literacy programmes and civic education. Literacy of over 15 year-olds passed from 48.4 % in 1993 to 66.8 % in 2005 for men and from 43.3 % to 59.3 % for women. Madagascar aims at an enrollment of 100 % in primary schooling. A 2003 initiative provides the payment of primary school fees, distribution of school uniforms and books, introduction of canteens and scholarships for every child. In prison, schooling is organised for children in conflict with the law Constraints on the right to education are the lack of financial, material and human resources, the remoteness of certain areas, the existence of zones with a low population density as well as the persistance of certain traditions. Madagascar asks for continued international support for its literacy programmes. Cultural rights: The national report to the Human Rights Committee observes that there are discriminatory customs regarding twin children in Mananjaruy, so that these are excluded from their communities Rights of special groups: Children: Madagascar has ratified the CRC and other child rights instruments. They are directly part of the domestic legal system, superior to laws. Therefore, the child rights are justiciable by any court. In 2005, a commission on the Reform of the Rights of the Child has been founded to advance legislative reforms towards child protection. Right to health: Since 2006, a national programme to fight against infant mortality has been carried out. Giving birth in hospitals has been made free of charge and financed by UNFPA, the World Bank and MSI. This programme has led to a rise of 80 % in assisted births between 2006 and 2008, while the number of Caesarian has augmented by 63.3 %. In three provinces, a system of thrid-party payment has been enacted, allowing an improvement in child health Right to identity: UNICEF is funding a programme of rehabilitation that led to the deliverance of 342,862 birth certificates between 2004 and 2008 Child labour and violence: The ILO estimated in 2001 that 33 % of malagasy children are working. Programmes of action have rduced this to 28 % by 2004 Protection against exploitation and sexual violence: There is a special police unit for the protection of children, created in 1999, that could save 150 children from prostitution. Abduction, sale and trafficking of children has been outlawed and USAID has funded the creation of an analysis centre. UNICEF has funded the establishment of a free national phone line to report crimes against children. Children in conflict with the law: Capital punishment is abolished for children. Hearings of children have to be held in presence of their parents or their tutors. Children are being kept in separated cells from adults. Legislative reforms concerning protection of children has been carried out and been accompanied by awareness-raising campaigns directed towards parents, educators and pupils. 1.80 % of all imprisoned persons are children. Children and armed conflict: Forced recruitment of children in armed conflict is prohibited. The minimum age of recruitment is set to 18 years for all circumstances Women: 150 girls have received special training to avoid them being harmed because of discriminatory practices. Special judicial and medical institutions have been set up for women and girls to fight against domestic violence. To avoid the sexual exploitation of women and children, special education films have been produced and distributed. Disabled persons: The government set up a programme of “inclusive education” for disabled children, together with Handicap International and UNICEF. Cooperation with child rights mechanisms: Concerns have been raised because of the dropping out of girls from school due to early or forced marriage, sexual exploitation and customary practices incompatible with universal norms. Madagascar has ratified the African Charter on the Rights and the Welfare of the Child. Progress and best practices: -Progresses are seen with the creation of literacy programmes and pre-school education, the national programmes of informal education, delivery of birth certificates. Constraints: -The main constraint is the lack of ressources for education and health. It is therefore difficult to continue with free maternity health care. Another problem is the public indifference towards the fight against child trafficking. -Madagascar wants to carry on the national action plan against child labour and the national action plan to fight violence against children. I. Background and framework 2. In 2008, the Committee on the Elimination of Discrimination against Women (CEDAW) congratulated Madagascar for its ratification of the United Nations Convention against Transnational Organized Crime and […] its Protocol to Prevent Suppress and Punish Trafficking in Persons, Especially Women and Children […]. B. Constitutional and legislative framework 10. UNICEF observed that the preamble of the Constitution states that, among others, the Convention on the Rights of the Child is an integral part of the law of the country. Between 2005 and 2008, five important laws reinforcing the principles of child rights were promulgated, regarding adoption and alternative care, the legal age of marriage, protective measures connected with abuse, exploitation and lack of primary caregivers, trafficking and sex tourism, and retroactive birth registration. C. Institutional and human rights infrastructure D. Policy measures II. Promotion and protection of human rights on the ground B. Implementation of international human rights obligations, taking into account applicable international humanitarian law 30. CEDAW and the HR Committee expressed concern at the high prevalence of violence against women and girls, such as widespread domestic and sexual violence, including rape. CEDAW and the HR Committee were also concerned that such violence appears to be socially legitimized and is accompanied by a culture of silence and impunity. […] 32. CEDAW also expressed concern at the persistence of trafficking and sexual exploitation of women and girls, especially in rural areas and regretted the lack of a national plan of action to address both trafficking and sexual exploitation. CRC noted with appreciation, inter alia, the enactment of Act 2000-021 amending and supplementing certain provisions of the Criminal Code relating to violence against women and to sexual offences. UNFPA noted that Act 2007-38 amended and supplemented the provisions concerning human trafficking and sex tourism. 34. The ILO Committee of Experts requested Madagascar to continue providing information in relation to the protection of children living on the street from the worst forms of child labour. It also requested Madagascar to provide information on the number of children who have up to now been removed from the streets and reintegrated into society. The HR Committee requested that Madagascar take the necessary measures to put an end to the practice of children being employed as domestic servants in conditions that are often tantamount to slavery. 35. Noting that in the south-eastern region, the birth of twins is considered a bad omen and therefore only one of the newborns is kept by the family, while the other is automatically abandoned, the HR Committee and CRC requested Madagascar to take binding measures to eradicate this practice. CRC also recommended that Madagascar ensure that the institutionalization of twins is a measure of last resort. 3. Administration of justice and the rule of law 4. Right to privacy, marriage and family life 40. CEDAW noted with concern that the Nationality Code does not allow a Malagasy woman married to a foreigner to transmit her nationality to her husband or children on the same basis as a Malagasy man married to a foreigner. The Committee urged Madagascar to amend the Nationality Code so as to bring it in line with CEDAW. In 2004, CERD made similar comments. 42. UNICEF indicated that birth registration is not perceived as a fundamental right of the child by parents, who often live far from the nearest municipality. Twenty-five per cent of children under five in Madagascar have not been registered at birth and hence have no legal form of identification. CRC urged Madagascar to strengthen its efforts to rehabilitate its civil registration service to ensure that all children are registered at birth and to consider facilitating procedures for obtaining birth certificates free of charge. 5. Freedom of expression, association and peaceful assembly, and right to participate in public and political life 7. Right to social security and to an adequate standard of living 55. The ILO Committee of Experts noted that, according to the most recent data from the Joint United Nations Programme on HIV/AIDS (UNAIDS), around 13,000 children aged between 0 and 17 years are AIDS orphans. The ILO Committee of Experts requested Madagascar to provide information on the protection of HIV/AIDS orphans, including the prevention of those orphans from being engaged in the worst forms of child labour. 56. CRC recommended that Madagascar strengthen its efforts to provide support and material assistance to economically disadvantaged families and to guarantee the right of children to an adequate standard of living, in particular, access to drinking water, health, housing and hygiene. A 2008 United Nations Statistics Division source indicated that the total proportion of the population using an improved drinking water source in 2006 was 47 per cent. 8. Right to education and to participate in the cultural life of the community 58. CEDAW expressed concern at current conditions that impede girls’ access to education including poverty, living in rural and remote areas, early marriage and early pregnancy. It recommended that Madagascar ensure equal access of girls and young women to all levels of education, to retain girls in school and implement re-entry policies so that girls and young women return to school after pregnancy. 59. CRC recommended that Madagascar ensure that all children, especially girls, wherever they live, have equal access to educational opportunities; make primary education completely free; identify the causes of the high rates of repetition and dropout in primary school and provide remedies. III. Achievements, best practices, challenges and constraints 63. CRC acknowledged that natural disasters, the external debt, the structural adjustment programme and the limited availability of financial and skilled human resources have had a negative impact on the situation of children and have impeded the full implementation of CRC. V. Capacity-building and technical assistance Stakeholder's report (5 submissions) I. Background and framework D. Policy measures II. Promotion and protection of human rights on the ground Implementation of international human rights obligations 10. ACAT-Madagascar reports overcrowding in the country’s prisons, along with rising malnutrition and unsanitary conditions. ACAT-Madagascar has also found that while children, women and men are detained in separate facilities at Antanimora central prison in Antananarivo, the principle of segregation of detainees is not always respected in other regions. Moreover, convicted prisoners are mixed with the remand prisoners who make up the majority of the prison population. 13. The Global Initiative to End All Corporal Punishment of Children (GIEACPC) reported that corporal punishment against children is lawful in the home, in schools and in alternative care settings. In the penal system, it is unlawful as a sentence for crime but lawful as a disciplinary measure in penal institutions. GIEACPC recommended that the Government introduce legislation as a matter of urgency to prohibit all corporal punishment of children in the home, and in schools and other institutions. 14. FI reports that extreme poverty and the development of sex tourism in Madagascar provide fertile ground for growing sexual exploitation of young girls. FI also mentions that young girls in domestic service who refuse to accept inhuman and degrading treatment in their place of work become easy prey for prostitution networks. FI adds that children are recruited into sexual exploitation in tourist areas, in the street, in nightclubs and in bars. These practices are spreading, according to FI, despite the amendment of the provisions of the Criminal Code concerning violence against women in 2000 and of the provisions concerning trafficking in persons and sex tourism in 2007. FI recommends that Madagascar effectively implement the Palermo Protocol as well as the laws on human trafficking and that it carry out public information and awareness-raising campaigns. 16. ACAT-Madagascar notes that the problem of twins is still not fully resolved, despite awareness-raising campaigns in the Mananjary region. The number of care facilities offering homes for twin children rejected by their families is being increased in an attempt to prevent attempts on these children’s lives. 3. Right to privacy, marriage and family life 5. Right to work and to just and favourable conditions of work 6. Right to social security and to an adequate standard of living 30. FI reports that, with only 13 per cent of agricultural land under cultivation, agricultural policy is not conducive to rational land use. As a result, there are too many peasant farmers on overexploited land, at the expense of family-sized holdings. This explains the high rate of malnutrition, particularly among children. As a result of the 2009 crisis, Malagasies have been struggling to feed and provide for themselves and to achieve an adequate standard of living. FI recommends that Madagascar strengthen the national malnutrition alert, prevention and treatment system. 7. Right to education and to participate in the cultural life of the community 32. FI reports that rural areas with negligible levels of economic development also have very low school enrolment rates.59 FI recommends that Madagascar establish a system for allocating educational resources that takes account of the limited availability of school facilities in rural areas and that it introduce incentives to attract teachers who see little appeal in rural communities. Accepted and Rejected Recommendations The following recommendations were accepted by Madagascar: 72 A - 6. To strengthen efforts to fulfil its obligations under the Convention for the Elimination of All Forms of Discrimination against Women and the Convention on the Rights of the Child to protect its most vulnerable populations, including women and children, notably in times of crisis (Australia); A - 13. To revise the Criminal code to include, as criminal offences, all forms of sexual and psychological violence against women and girls, including marital rape (Slovenia); A - 20. To establish an institution to supervise and evaluate the implementation of the Convention on the Rights of the Child, in particular to put in place a plan of action to protect and reintegrate street children (Mexico); A - 34. To step up efforts to ensure substantial improvement in its penal institutions, specifically prohibiting forced labour, and also to establish detention centres for minors (Spain); A - 38. To adopt, as a matter of priority, proper, comprehensive and effective measures to address all forms of violence against women and girls, including domestic violence, sexual violence and trafficking (Italy); A - 39. To adopt effective measures to combat violence against women and girls, especially domestic and sexual violence, particularly through prevention and sanctioning and the protection and compensation of victims (Chile); A - 40. To take effective measures to protect all girls and women from all forms of violence and ill treatment, to carry out investigations and to ensure those responsible are punished (Argentina); A - 45. To implement a national programme devoted to eliminating the trafficking in women and girls and their involvement in acts of sexual exploitation while, at the same time, addressing the root causes of such crimes, and to include measures aimed at the social reintegration and rehabilitation of such individuals (Mexico); A - 46. To strengthen its efforts to combat the trafficking in and sexual exploitation of women and girls, especially in rural areas, by adopting a comprehensive action plan to address trafficking and sexual exploitation, and to ensure the allocation of human and financial resources for its implementation (Slovenia); A - 47. To enhance efforts to improve women's rights and to combat human trafficking, sexual violence, domestic violence and the exploitation of women and children (Norway); A - 61. To continue the education reform in order to ensure free primary education for all girls and boys (Norway); Madagascar did not reject any recommendations
15th February, 2.30pm to 5.30pm
Compilation of UN information
Summary of Stakeholder information
Accepted and rejected recommendations
-Conditions in prison: Male and female prisoners are separated, there are separate spaces for children in prison. However, suspected and convicted persons are not separated
Social, economic and cultural rights
-Protection against HIV/AIDS: there is a national plan against STD/HIV/AIDS, including centres of prevention to avoid transmission from mothers to children.
-Best practices are the creation of a national plan to fight child labour and a national committee on this issue, as well as the establishment of decentralised committees.
-The raise of the minimum age for marriage to 18 years has helped to fight early and forced marriages
A. Scope of international obligations
1. In 2009, The Committee on Economic, Social and Cultural Rights (CESCR) welcomed the ratification by Madagascar of […], the two Optional Protocols to the Convention of the Rights on the Child, on 22 September 2004 [...]. It also welcomes the ratification of International Labour Organization Conventions […] No. 138 (1973) concerning the Minimum Age for Admission to Employment and No. 182 (1999) concerning the Prohibition and Immediate Action for the Elimination of the Worst Forms of Child Labour.
8. […] The United Nations Population Fund (UNFPA) noted that Act No. 2007–022 placed men and women on the same footing with regard to the joint administration of property and custody of children, and that the legal age of marriage was 18 for both sexes. […]
13. The Committee on the Rights of the Child (CRC) was concerned that the médiateur, established in 1992, was not yet fully operational and that children cannot address complaints directly. CRC recommended that Madagascar expedite the establishment of an institution to monitor and evaluate the implementation of CRC. The United Nations Children’s Fund (UNICEF) observed that the National Council of Human Rights (Conseil national des droits humains), created in 2008, which has a mandate to monitor the application of the CRC among other duties, was not yet operational.
17. The ILO Committee of Experts recalled that four major priority issues within the ILO/IPEC Time-bound Programme (TBP) had been identified, namely the commercial sexual exploitation of children, child domestic labour, child labour in mining and quarrying, and child labour in hazardous and unhealthy environments in the rural and urban sectors. The Committee requested Madagascar to provide more detailed information on the number of children prevented from being engaged in the worst forms of child labour as a result of the implementation of the TBP.
A. Cooperation with human rights mechanisms
1. Cooperation with treaty bodies
CRC latest report: 2001; latest observations: Sept. 2003. Third and fourth reports due in 2008, submitted in 2009, scheduled for consideration in 2011 OP-CRC-AC/OP-CRC-SC: no initial report since 2006 and 2004 respectively
1. Equality and non-discrimination
22. In 2009, the Representative of the Secretary-General on the human rights of internally displaced persons made reference to the case of a village where single mothers with access to land were not included in the needs assessment lists of an international organization for seed distribution based on the assumption that those using the seeds would be male farmers only.
38. UNICEF noted that juvenile justice is a major concern. Most adolescents in prison are awaiting trial and are often detained with adults because alternatives to detention are unavailable. CRC recommended that Madagascar ensure that persons of 16 and 17 years of age are not considered and sentenced as adults, make sure that children below the age of 13 years are not brought before a criminal court, establish juvenile courts and appoint trained juvenile judges.
39. […] CEDAW also recommended considering the situation of women in de facto unions, and of the children resulting from such unions, and ensure that they enjoy adequate legal protection.
43. UNICEF noted that, since the beginning of 2009, the right to freedom of expression has been curtailed, and both media and youth have stated that the various political parties have manipulated them. As with previous political crises, no independent investigations have been conducted into the alleged abuses.
52. A 2008 report by the Food and Agriculture Organization of the United Nations (FAO) noted that Madagascar is at risk of deteriorating food security due to high food prices. A 2009 United Nations Statistics Division source indicated that, in 2004, the proportion of undernourished population was 37 per cent and that the proportion of children aged under five who were moderately or severely underweight was 41.9 per cent.
57. The ILO Committee of Experts considered it desirable to ensure that schooling is compulsory up to the minimum age for admission to employment. A 2009 United Nations Statistics Division source indicated that the net enrolment ratio in primary education increased from 93.2 per cent in 2005 to 99.3 per cent in 2007.
61. UNICEF also indicated an improvement in child mortality figures and that some progress has been made to protect children against all forms of violence. The HR Committee welcomed the efforts undertaken to improve the situation of certain categories of vulnerable groups, in particular persons infected with the HIV/AIDS virus and persons with disabilities.
69. CRC requested Madagascar to seek technical assistance from, among others, OHCHR and UNICEF regarding the médiateur and the National Human Rights Commission.
B. Constitutional and legislative framework
3. […] ACAT-Madagascar also makes reference to the law on the rights and the protection of the child, adopted in 2007, which deals with children at risk and the ill-treatment of children, among other issues.
5. FI reports that the inter-ministerial programmes set up to combat child exploitation and trafficking in persons have achieved negligible results. As a result, human trafficking, forced labour and the worst forms of child labour are increasingly widespread and the most vulnerable population groups — in particular, children — are left without protection against such practices.
1. Right to life, liberty and security of the person
9. ACAT-Madagascar recalls that, with the assistance of the European Union and other partners, the Malagasy Government has taken extensive steps since 2005 to ease overcrowding in prisons and make prison conditions more humane. It has adopted several new laws and regulations to this effect, besides refurbishing a number of prisons and rehabilitation and reintegration centres for children in conflict with the law. In addition, the opening of the National School of Prison Administration (ENAP) in 2006 has facilitated the provision of training for officers, supervisors and teachers. Although these measures have helped eliminate cases of long-term pretrial detention and thus reduce overcrowding in prisons, according to ACAT-Madagascar, since the European Union’s programme for the consolidation of the rule of law ended in July 2007 and the political crisis erupted in January 2009, the situation has again deteriorated.
19. ACAT-Madagascar notes that the 2007 Marriage Act sets the legal age for marriage at 18 for both sexes. However, heads of household are still men.
25. ACAT-Madagascar refers to information campaigns and initiatives carried out in partnership with UNICEF and the Union of Social Workers to raise awareness of the slave- like conditions that facilitate abuse against minors in domestic service.
28. With regard to the health-care situation, FI highlights the limited availability of medical assistance for women during childbirth, the inadequate skills level in existing health-care facilities, and the difficulties of accessing health centres. More than 12 per cent of infants die before reaching the age of five, mainly as a result of malaria, diarrhoea and respiratory infections.
31. FI reports that, despite the Government’s efforts, access to education for young girls is limited by their parents’ inability to adequately support them, as well as by early pregnancies and extreme poverty. In addition, the persistence of certain customs and attitudes obstructs the promotion and protection of women’s rights and therefore discourages education for young girls.