Submitted by ssaliba on
Madagascar- Twentieth session - 2014
3 November 2014 - 9.00 a.m. - 12.30 p.m.
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Accepted and rejected recommendations
II. Country background
A. Political background
Restoration of a lasting democracy and a return to the constitutional order through the organization of elections
10. In his inaugural address, the new President set out his programme and expressed his determination to restore the rule of law and good governance, to combat corruption and ensure respect for human rights. He also announced free primary education and the re- enrolment of children who had dropped out of school.
III. Normative and institutional human rights framework
A. Compliance with international commitments
15. The act authorizing the ratification of the International Convention on the Protection of the Rights of All Migrant Workers and Members of Their Families, called for in recommendation No. 3, was adopted by parliament in November 2013.
B. Changes in the constitution, in legislation and in case law
Changes in the law
21. Other reforms are under way:
- A bill on trafficking to extend its remit to cover domestic trafficking and the exploitation of others, including children, for begging;5
- A bill to reform the law on vaccination and on national youth policy;
- A bill on the Nationality Code to correct the discrimination that affects children of a foreign father married to a Malagasy woman.
IV. Protection of human rights in the field
A. Protection of women’s rights6 Nationality and gender equality
23. In order to end the discrimination affecting children born to a foreign father married to a Malagasy woman, a bill amending and supplementing certain provisions of Ordinance No. 60-064 of 22 July 1960 on the Nationality Code has been forwarded to the competent bodies for submission to the National Assembly for adoption.
24. The bill is intended to guarantee:
- Malagasy nationality for children of couples of mixed nationality, on the same grounds as children born to a Malagasy father and a foreign mother;
- Preservation of the right of a child to a nationality:
- Acquisition of Malagasy nationality provided one of the parents is Malagasy, regardless of whether the child is born in or out of wedlock (new art. 9);
- Preservation of Malagasy nationality for children concerned by a full international adoption (new art. 17, para. 2);
- Automatic acquisition of Malagasy nationality by foreign children legally adopted by a person of Malagasy nationality (new art. 17, para. 1);
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Recognition of the right of women to a nationality:
• The possibility for a woman of Malagasy nationality to pass on her nationality to her children regardless of her marital status (new art. 40);
B. Efforts to combat trafficking
Prosecution and punishment
25. In Madagascar, Act No. 2007-038 of 14 January 2007 concerns efforts to combat trafficking and sex tourism. The scope of the Act encompasses trafficking in persons, sex tourism and the sexual exploitation of children for commercial ends.
26. Implementation of the Act on trafficking, sexual exploitation and sex tourism faces three obstacles:
- There have been few prosecutions, convictions or awards of compensation to victims, in spite of the training provided since 2007;
- Victims are afraid to complain to the competent authorities, either because they are unaware of their rights, ashamed or afraid of reprisals by the offenders;
- Victims prefer an out-of-court settlement for compensation.
27. To overcome these obstacles, training will continue to be provided for law- enforcement officials and information and awareness campaigns will be continued and intensified.
28. To achieve greater efficacy, a bill on trafficking will be submitted to the competent bodies for presentation to the National Assembly for adoption. The bill has expanded its scope beyond sexual exploitation, to cover domestic trafficking, exploitation of begging by others, debt servitude and organ trafficking. The bill covers both national and transnational trafficking.
Prevention
Adoption of a plan of action
31. In 2012, in partnership with the NGO Groupe Développement, the Office for Mass and Civic Education (OEMC) provided training for 200 teachers from the capital and from Mahajanga on how children can protect themselves from sexual exploitation. The teachers passed on the lessons learned to 3,000 schoolchildren.
Administrative measures
32. The following measures have been adopted to address the risks of trafficking and exploitation for prostitution to which migrant workers are exposed:
- The repatriation and social rehabilitation of 85 women and 1 child from the Lebanon in March 2011 [...].
Efforts to combat poverty and to protect vulnerable women and children during the crisis
34. During the crisis, measures concerning access to loans, health and nutrition were adopted on behalf of vulnerable women and children.
Access to loans
35. In order to facilitate access to credit so as to enable women to become financially independent, the Ministry of Finance and Budget has set up within the Treasury Department a national agency to coordinate microfinance (CNMF). The agency is responsible for developing Credit with Education (CAE) on behalf of vulnerable women and for providing training for women’s groups and associations in the following fields:
•Maternal and child health and family planning;
•Managing a household budget;
•Children’s education;
•Management of income-generating activities.
Access to health care for mothers and children
41. Measures have been taken to protect the health of women and children: A bill on vaccination which is currently before parliament is intended:
- To provide a legal framework for implementing preventive measures for vaccine-preventable diseases, in conformity with the obligations laid down in the Constitution;
- To guarantee mandatory free vaccination for vaccine-preventable diseases; and
- To make available the necessary permanent funding to achieve these specific objectives;
- In 2012, prevention of common illnesses affecting children under 5 years of age through vaccination against pneumonia, meningitis and otitis;
- Community case management of illnesses common among children under 5 years of age such as malaria, diarrhoea and acute respiratory infection has been strengthened in 107 of the 112 health districts;
- Distribution of insecticide-impregnated bednets to prevent malaria has been improved among pregnant women through intermittent preventive treatment with sulfadoxine-pyrimethamine;
- In 2013, a vaccine to prevent cervical cancer was introduced for 10-year-old girls;
- In 2014, a vaccine to prevent diarrhoeal diseases was introduced.
42. In 2012, Madagascar was awarded the regional trophy for vaccination. DPT coverage increased from 72.8 per cent to 86 per cent.10 Among pregnant women, anti- tetanus (TT) vaccine coverage increased from 49 per cent to 58 per cent.
Improved child nutrition
43. In 2010, a manual on feeding infants and young children and nutrition for women (ANJE et NdF) was published. It is intended for physicians and paramedical staff and provides a reference for vulnerable groups. It also ensures the survival and development of each child.
44. Since 2010, 224 health workers, 860 leaders and 2,854 community health workers in four regions (Analamanga, Androy, Atsimo-Andrefana and Anosy) have received training in how to put across the manual’s message.
D. Access to health care
45. Since the crisis and the ensuing exodus of health workers to towns, 474 basic health centres (CSB) have closed and 174 reopened.
Free health care
47. Preventive care and treatment are provided free of charge for children under 5 years of age and for women:
- Family planning services are provided in all public health facilities for women of childbearing age (15 to 49 years);
- Prevention of anaemia by the distribution of iron supplements and folic acid and by deworming, prevention of malaria by the distribution of insecticide impregnated bednets and anti-tetanus vaccine for pregnant women;
- Preventive care (vaccination, prevention of malaria by the distribution of bednets impregnated with long-lasting insecticide), case management of malaria in children under 5 years of age.
Free primary education
51. The crisis has deeply affected access to education and between 1 and 1.5 million children have abandoned school.
- Primary education is still not completely free of charge.
- In order to encourage girls and boys to attend primary school, the State has introduced the following measures to lighten the financial burden for parents:
• Issue of school kits to 1,409,890 pupils in 2011 and 4,235,000 in 2013, with the support of the Agence Française de Développement (AFD), of Norway and of UNICEF;
• Cancellation of enrolment fees and provision of a 3,000 ariary per pupil for each school fund;
• Provision of school canteens in areas where food insecurity is high;15
• Subsidies for teachers paid by the Fikambanan’ny Ray amandrenin’ny Mpianatra/Parent-Teacher Associations (FRAM) and teachers who are not State- employed (ENF) with the support of technical partners, and their recruitment as contractual State employees.
54. The 2013–2015 interim plan for education is designed to improve access toeducation without discrimination.
55. A campaign to encourage school enrolment of children excluded from the education system was carried out among parents and communities with the support of UNICEF.
56. In 2013, 6,365 children who had left or never attended school received remedial lessons to enable them to resume formal education.
57. During the 2013/14 school year, 83,000 children who had returned to school but were facing learning difficulties received remedial teaching.
58. Between 2009 and 2012, the gradual expansion of preschool classes in public primary schools made it possible to form 3,725 such classes.
59. In addition, support from UNICEF made it possible to build 36 classrooms in the regions of Analanjirofo and Androy; a further 32 are being built in the regions of Melaky, Sofia, Anosy, Atsimo Atsinanana and Atsimo Andrefana.
60. The enrolment of children with disabilities in school is governed by article 4 of Decree No. 2009-1147 of 1 September 2009, which determines overall policy on inclusive education.16
61. In 2012, 300 children with disabilities in the regions of Analamanga and Atsimo- Atsinanana received specialized education from the NGO Act, Provide Support and Mobilize for Children’s Future (ASMAE)17 with the support of the European Union.
62. Under the inclusive education policy, children with a handicap have been enrolled in regular classes in some schools.
I. Cultural practices that are harmful to women and children
Moletry
71. Moletry, which is practised in some places in the north-west of the country, is a form of premarital arrangement involving a dowry or the promise of a dowry (Moletry) from the future husband to the bride’s family and made up of a sum of money and cattle, depending on the agreement reached during negotiations; the value of the dowry is frequently determined by the social status of the future bride, as well as by her age and looks.
72. In order to combat harmful practices, with the support of UNDP the Ministry of Justice has entrusted the Miaramita consultancy firm with a survey to identify the underlying causes that account for the persistence of Moletry, which sometimes concerns underage girls.
73. In 2008, a workshop was held in Mampikony for the purpose of eradicating the practice by convincing all those concerned of the need to prohibit Moletry for girls. The administrative authorities, the police and traditional leaders together with religious leaders of all denominations signed a road map setting out specific measures to put an end to the practice.
74. The impact of these measures was due to be evaluated in 2009, but this proved impossible on account of the political crisis.
Twins
75. In the districts of Mananjary, the birth of twins is considered by the members of the Antambahoaka community as a whole to be a curse and for this reason there is a strict ban on them staying with their biological family. The ban also prevents them from living in the town of Mananjary.
76. In response to this situation, in 2008, with the support of UNDP the Ministry of Justice carried out studies to determine the root causes of the practice, its scale and ways and means of eradicating such discrimination against twins, who suffer from exclusion and stigmatization.
77. In 2008 a workshop attended by judicial, traditional and religious authorities was held at Mananjary. The purpose of the workshop was to convince participants of the harm caused by discrimination against twins and to secure their commitment to combating the practice.
78. At the end of the workshop, the participants signed a road map setting out the commitments made by each of them to combat the phenomenon and to take concrete steps within their sphere.
79. Although the Ampanjaka, who exercise authority over customary practices, did not give their wholehearted support, they were willing to agree to parents not abandoning twins.
80. This marks a significant change because it means that twins may now live in Mananjary with their biological family and with the members of the community.
J. Violence against women and girls, including domestic violence
Prevention
82. Where adolescents and young people are concerned, activities to combat violence were facilitated by the coming into operation of the Interministerial Committee for Youth.
83. In 2012, a free telephone helpline (511) was introduced by Child Help Line International to help provide referral and guidance for young people. Four thousand copies of the manual “a youth-friendly service” were published and distributed in a number of regions.
Punishment and compensation
84. Violence against women and girls as a whole and domestic violence in particular constitute criminal offences under the criminal code. Such offences include trafficking, rape, incest, assault and battery and murder.
87. In order to provide better protection for child victims, the Criminal Code provides as follows:
• The statutory limitation to public right of action applies only from the age of majority;
• A child who is a victim of trafficking, sexual exploitation or incest may themselves take the matter to the court to request compensation for the harm suffered without involving their parents or guardians, who may be the perpetrators of the offences.
K. Empowerment of women
90. Women belonging to each group were given support to enable them to work in small farming: pig breeding, poultry farming, rice farming and fish farming. Income from these activities enables them to put their children through school, to obtain health care, to improve their daily lot and to live independently.
L. Protection for the rights of the child
Establishment of an institution to monitor and evaluate the Convention on the Rights of the Child
94. The National Child Protection Committee (CNPE), which was set up by Decree No.
2012-858 of 28 December 2012, has the following tasks:
- To provide guidance for national policy and programmes for the protection of children, bearing in mind the implementation of the Convention on the Rights of the Child and the recommendations made by the treaty bodies;
- Coordination of action for the protection of children;
- Ensuring collaboration among all stakeholders involved in the protection of children.
Protection of street children
95. Literacy programmes have been developed for children who do not attend school and in particular street children. The programmes encourage:
• Learning to read and write in Malagasy;
• A new method for learning to calculate.
96. The programme implementing the methodology suited to the needs of children not attending school or who have dropped out of school is known as Asa Sekoly Avotra Malagasy or Remedial Educational Measures for Malagasy adolescents (ASAMA); it involves a 10-month preparation for the exam that marks the completion of primary education. It is also designed to prepare pupils of 9 or 10 years of age to return to school in the final year of primary school.
97. Between 2011 and 2013, this programme made it possible for 3,394 children, including street children from the region of Analamanga, who had dropped out of or never attended school, to enrol.
98. Other programmes developed by NGOs such as Manda, KOZAMA, SOS Village d’enfants also provide remedial education or make it possible for street children in the capital and surrounding areas to return to school, while the INTERAID and VOZAMA NGOs operate in the Sud-Est region and in Amoron’i Mania.
Q.The rights of persons with disabilities
122. No one may be discriminated against on account of his or her disability. Accordingly, persons living with a disability are entitled to the same rights as all other citizens as regards access to health care, education, employment and vocational and professional training.
124. Access to education for people living with a disability is governed by Decree No. 2009-1147 of 1 September 2009, which sets out overall inclusive education policy; in its article 4, the Decree stipulates that “All children shall be entitled to an education. Any child with a disability shall be entitled to receive an education in the regular school system. No child shall be denied enrolment in a primary school without legitimate grounds.”
125. In 2012, 300 children living with disabilities were provided with a specialized education by the association ASMAE. In other educational establishments, children living with disabilities have been enrolled in regular classes alongside children without disabilities.
S. Improving public awareness of human rights
130. In 2011, the Office for Mass and Civic Education (OEMC) drew up new curricula and teaching manuals, incorporating the international human rights instruments and gender equality, for lower and upper secondary schools, technical colleges and vocational training colleges.
- Cooperation with the human rights mechanisms
132. Since its initial report under the universal periodic review was considered, Madagascar has submitted reports on: [...]
• The Convention on the Rights of the Child, in 2012. (3rd and 4th periodic reports).
133. The reports listed below have been written and submitted for consideration by the Committee on the Rights of the Child and the Committee on the Elimination of All Forms of Discrimination against Women:
- Initial reports on the implementation of the two Optional Protocols to the Convention on the Rights of the Child;[...]
- Initial report on the implementation of the African Charter on the Rights and Welfare of the Child (ACRWC) to the African Committee on the Rights and Welfare of the Child.
Special procedures
135. With regard to the implementation of recommendation No. 24 on acceptance of special procedures, between 2011 and 2013 three special rapporteurs visited Madagascar: the Special Rapporteurs on the right to food, on contemporary forms of slavery and on child prostitution and child pornography.
U. Training for the judiciary and for law-enforcement officials (Recommendation No. 63)
138. A joint training course for human rights trainers from these colleges was organized in Antsirabe, in September 2012, with the support of OHCHR and UNDP. The course covered violence against women and children.
142. In February 2012, with the support of the Office of the High Commissioner for Human Rights, the Ministry of Justice provided training in Taolagnaro for judges, police officers, gendarmes and military personnel on violence against women and children.
143. In 2013, with the support of the Office of the High Commissioner for Human Rights, two human rights training courses were provided for civil society actors from Anosy Taolagnaro region, together with training for trainers. The topics addressed were the international and national systems for the promotion and protection of human rights, women’s rights, the protection of children, gender violence, inheritance rights and real- estate rights. Participants also received basic training in monitoring and reporting human rights violations.
144. The directorate of in-service training and research and the central police vice and juvenile protection squad have trained police officers and gendarmes on human rights, the protection of children and ways of combating domestic violence and sex tourism.
W. Achievements, best practices, challenges and constraints
Achievements
- Establishment of the National Committee for the Protection of Children (CNPE);
Good practices
• Adoption of the code of conduct in respect of efforts to combat the sexual exploitation of children;
• Synergy of action, thanks to the establishment of the National Committee for the Protection of Children, which is an interministerial committee comprising members of civil society;
• Adoption of a plan of action to incorporate questions relating to child labour into the educational sector’s programmes and plans.
X. Key national priorities, initiatives and commitments in order to overcome the challenges and improving the human rights situation in the field
145. Notwithstanding the harmful impact of the crisis, Madagascar is committed to:
- Adopting legislation on alternative measures to imprisonment for the administration of justice for juveniles [...].
I. Background and framework
A. Scope of international obligations
2. In 2012, the Committee on the Rights of the Child (CRC) encouraged Madagascar to accede to OP-ICESCR, ICCPR-OP 2, OP-CEDAW, OP-CAT, ICRMW, CRPD, OP-CRPD, and CPED.
4. In 2013, the Special Rapporteur on the sale of children, child prostitution and child pornography (Special Rapporteur on the sale of children) recommended to Madagascar the promotion and monitoring of the implementation of the Convention on the Rights of the Child, of the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography, and of other relevant international and regional instruments.
III. Implementation of international human rights obligations, taking into account applicable international humanitarian law
A. Equality and non-discrimination
15. In 2012, CRC recommended that Madagascar increase measures to combat discrimination, in particular against girls, twins, children with disabilities and children living with HIV/AIDS.
B. Right to life, liberty and security of the person
23. The Special Rapporteur on slavery recommended that Madagascar hold discussions at the community level, in particular with the fokontany, and take other steps to reduce the incidence of and ultimately eliminate forced marriages and moletry; and enforce the obligation to register all marriages in order to monitor their compliance with domestic law and the conventions that it has ratified. CAT and CRC made similar recommendations.
24. CAT and CRC encouraged Madagascar to pass a law to prevent and punish marital rape and prohibit corporal punishment of children in all settings, including within the family and in alternative care settings.
26. In 2012, the ILO Committee of Experts noted the measures taken by Madagascar for the social reintegration of victims of the worst forms of
child labour, but expressed concern at the fact that the number of street children had increased. It requested Madagascar to intensify its efforts to ensure that street children were protected from the worst forms of child labour, and provided with support for their rehabilitation and social integration.
27. On the same issue, the Special Rapporteur on slavery recommended that Madagascar reinforce the legal framework to combat the worst forms of child labour and take all the legal and policy measures necessary to eradicate them. The Special Rapporteur on the sale of children recommended that Madagascar strengthen and ensure access to protection mechanisms for all children, without discrimination, including by introducing alternative forms of sustainable reintegration for street children and by regularly monitoring children.
28. CRC was greatly concerned at the high level of trafficking in persons from Madagascar to neighbouring countries and the Middle East for purposes of domestic servitude and sexual exploitation. CRC recommended that Madagascar, inter alia, enforce existing legislation and policies on sexual exploitation, in particular Law No. 2007-038 (2008) amending and supplementing certain provisions of the Penal Code combating trafficking in persons and sex tourism. In 2013, the Special Rapporteur on the sale of children made a similar recommendation.
29. While noting the adoption of Law No. 2007-038 (2008) to combat trafficking in persons and sex tourism, the ILO Committee of Experts highlighted the concern expressed by CRC that the law was not sufficiently implemented and, in particular, had not resulted in any convictions. The Committee requested Madagascar to take the necessary measures to ensure that the sanctions against persons found guilty of trafficking in children under 18 years of age or their use, procuring or offering for sexual exploitation, were applied in practice; and indicate the measures taken or envisaged to make the public aware of the phenomenon of trafficking in persons and to protect victims by facilitating their social rehabilitation. In 2014 the United Nations country team made similar recommendations.
C. Administration of justice, including impunity, and the rule of law
31. The Special Rapporteur on the sale of children recommended that Madagascar ensure the effective application of laws by effectively combating corruption and impunity in the context of child sexual exploitation.
32. CRC recommended that Madagascar bring its juvenile justice system fully into line with the Convention. In particular, the Committee urged Madagascar to, inter alia, establish special jurisdiction for children, including child-friendly courts and other procedures; ensure that children and adults were separated in prison; ensure that the judiciary applied child-friendly procedures to protect and respect the best interest of the child; and establish a programme of reintegration of children after release from prison or institutions.
D. Right to privacy, marriage and family life
33. CRC recommended that Madagascar finalize the reform of the legislation on nationality and ensure that no discrimination existed against children born of a Malagasy mother and a father of foreign nationality or children born out of wedlock. It also urged Madagascar to ensure that children born in the country did not risk being stateless.
34. CRC recommended that Madagascar intensify its efforts in ensuring free and compulsory birth registration for all children, including through the use of mobile registration centres. UNHCR made a similar recommendation.
F. Right to social security and to an adequate standard of living
39. In 2012, CRC urged Madagascar to take immediate and effective measures to ensure the right to an adequate standard of living for children and to provide parents and families, especially in rural areas, with material assistance and support programmes, particularly with regard to nutrition, clothing, housing and access to clean drinking water. In that regard, the Committee encouraged Madagascar to consider the recommendations of the Special Rapporteur on the right to food.
G. Right to health
47. The United Nations country team reported that the economic and political crisis had reduced the State’s ability to meet its obligations in the area of health. The State’s budget allocation to the health sector had been cut by 30 per cent after the 2009 crisis and by 50 per cent in 2012. Maternal and infant mortality rates were still very high. Health personnel were still unevenly distributed, and not in favour of remote and isolated regions, where people could only reach health centres with great difficulty. In addition, persons living with HIV were still strongly stigmatized, which made it difficult to monitor their treatment.
H. Right to education
48. CRC noted that an extensive programme of educational reform had been adopted in 2006 but that it had been interrupted due to the crisis. CRC recommended that Madagascar allocate sufficient financial resources to the school system, including early childhood education, to enable all children, in particular the most vulnerable, to have access to education.
49. In 2012, the ILO Committee of Experts expressed hope that Madagascar would take measures to raise the age of completion of compulsory schooling so that it coincided with the age of admission to employment or work. The Committee also considered that education contributed to preventing the engagement of children in the worst forms of child labour, and requested Madagascar to intensify its efforts to improve the functioning of the education system. In 2014, the United Nations country team made similar recommendations.
50. The Special Rapporteur on slavery recommended that Madagascar take steps to ensure equal access of girls and young women to all levels of education, to retain girls in school and to implement re-entry policies so that girls and young women return to school after pregnancy. The Government should also take measures to increase the enrolment of girls at all levels, and introduce incentives for parents to send girls to school.
51. The United Nations country team found that parity between girls and boys had been reached at primary school level, but there was a slight regression in secondary school, where girls were at a disadvantage as a result of early pregnancy, distance from school and parents’ poverty, not to mention early or forced marriages, which were on the rise. The team also noted that State school rules always required pregnant girls to be sent home and barred them from returning after the baby was born.
52. In 2014, UNESCO stated that Madagascar faced challenges in providing free primary education and seemed to not have taken sufficient measures to ensure it. It encouraged Madagascar to reinforce policies regarding teacher’s training, especially in primary school where they were in short supply. It also encouraged Madagascar to strengthen measures related to food policies in public schools, which was a fundamental aspect to maintain children in school.
I. Persons with disabilities
53. The United Nations country team noted that persons with disabilities were excluded in all sectors of Malagasy society, that they had very limited access to employment owing to a lack of education and job opportunities, and that the lack of access to nearly all public infrastructure, the absence of any place of treatment and the fact that there was no policy for persons with disabilities impaired the exercise of their rights. The country team noted that women with disabilities were victims of dual discrimination, on grounds of their sex and their disability, and that many women and girls with disabilities were also subjected to sexual violence. It noted that teaching methods in ordinary schools were not suitable for children with disabilities, and this affected their personal development and their future. The United Nations country team recommended, among other things, the implementation of a strategy for the advancement of persons living with a disability, with a proper budget allocation. In 2012, CRC made similar observations and recommendations.
C. Implementation of international human rights obligations, taking into account applicable international humanitarian law
2. Right to life, liberty and security of the person
13. Detention conditions in Madagascar are catastrophic and could be seen to constitute cruel, inhuman or degrading treatment. They are characterized by endemic overcrowding, almost non-existent access to health care and food, and possible recourse to ill-treatment. Furthermore, accused persons are not held separately from detainees as a matter of course. In the majority of penal establishments, men are held separately from women. However, men are held separately from boys only in large centres. In Madagascar, women are not always held separately from girls, and many women are detained with their young children.
17. The authors of the submission recommend in particular that Madagascar develop a national policy to combat gender-based violence with a specific and comprehensive legal framework that will help put an end to the impunity of the perpetrators of such violence, and with an adequate budget; that it adopt specific legislation on violence within the family which takes into account all forms of violence, including physical, psychological, moral and sexual violence, and that it impose restraining orders on the perpetrators of such violence; that it establish structures to provide medical, legal, psychosocial and financial assistance to victims, including access to reparation, compensation and social reintegration; that it set up emergency shelters for women and girls forced to leave their family home; that it develop a specific programme to rehabilitate perpetrators with a view to curbing recidivism; that it work closely with traditional, local and religious authorities to make them full partners in the fight against gender-based violence; that it raise the awareness of political leaders, both at the executive and legislative levels, of gender-based problems in Madagascar to enable them to become part of an effective solution; and that it continue to promote gender equality in the areas of decision-making and law enforcement.
13. Detention conditions in Madagascar are catastrophic and could be seen to constitute cruel, inhuman or degrading treatment. They are characterized by endemic overcrowding, almost non-existent access to health care and food, and possible recourse to ill-treatment. Furthermore, accused persons are not held separately from detainees as a matter of course. In the majority of penal establishments, men are held separately from women. However, men are held separately from boys only in large centres. In Madagascar, women are not always held separately from girls, and many women are detained with their young children.
17. The authors of the submission recommend in particular that Madagascar develop a national policy to combat gender-based violence with a specific and comprehensive legal framework that will help put an end to the impunity of the perpetrators of such violence, and with an adequate budget; that it adopt specific legislation on violence within the family which takes into account all forms of violence, including physical, psychological, moral and sexual violence, and that it impose restraining orders on the perpetrators of such violence; that it establish structures to provide medical, legal, psychosocial and financial assistance to victims, including access to reparation, compensation and social reintegration; that it set up emergency shelters for women and girls forced to leave their family home; that it develop a specific programme to rehabilitate perpetrators with a view to curbing recidivism; that it work closely with traditional, local and religious authorities to make them full partners in the fight against gender-based violence; that it raise the awareness of political leaders, both at the executive and legislative levels, of gender-based problems in Madagascar to enable them to become part of an effective solution; and that it continue to promote gender equality in the areas of decision-making and law enforcement.
24. The authors of the submission recommend in particular that Madagascar continue its efforts to develop a coherent and effective child protection system; that it construct housing, emergency accommodation and shelters for children and their families living on the street or in a particularly precarious situation; that it guarantee people in a particularly precarious situation and especially people living on the street access to free health care and to recreational activities, including leisure and sporting activities; that it undertake activities to support the families of street children; that it combat the stigmatization of street children by carrying out awareness-raising campaigns targeting the general population; that it strengthen its partnerships with associations and structures that work with or for street children; that it provide educators for children who are extremely vulnerable, including street children, with adequate training; and that it raise the awareness of police officers of the rights of children and young people living on the street.
25. Marist International Solidarity Foundation (FMSI) refers to recommendations accepted by Madagascar to trace the root causes in order to find a lasting solution to trafficking and sexual exploitation of children. FMSI has found that cases of child prostitution and sex tourism are continuously increasing in Madagascar. Places like Nosy Be, Tamatave, Foule-Point, Fort-Dauphin and Antananarivo have become very prone to this practice. The majority of people involved in prostitution are girls under the age of 18 years old. Many young girls have been introduced into the trade due to poverty. It helps them to earn money for themselves and their families. Some parents have perpetuated the practice by encouraging their children to do prostitution for revenue.
26. In the light of these findings, FMSI recommends to the Government of Madagascar to strengthen its adherence to the laws especially Penal Code Law number 2007-038 of 14 January 2008 that fights against human trafficking and sex tourism; establish integrated child protection development plans at the local government level in order to efficiently and effectively combat all forms of violence, abuse and exploitation of children; and provide the youth with alternative activities that will keep them busy and make them more productive.
6. Right to health
37. The authors of joint submission 4 refer to the recommendation accepted by Madagascar concerning the right to health and find that Madagascar has not given full effect to the recommendation encouraging it to provide free health care as, apart from the efforts undertaken in the areas of maternal and child health, the population’s access to health care in general remains contingent upon the financial means at the disposal of each individual or each family. In addition to having to contribute financially, several other factors conspire to prevent the ailing from accessing health care, including the inadequacy of the budgetary resources allocated to health care, distance, remoteness, the unequal geographical distribution of basic health-care centres, which adversely affects rural areas, as well as the closure of such facilities. The country’s sociopolitical crisis has only served to exacerbate the situation further.
38. The authors of the submission recommend that Madagascar allocate at least 15 per cent of the State budget to the health-care sector, in accordance with the Abuja Declaration; that it guarantee the availability of good-quality and low-cost community care; that it carry out activities aimed at raising the awareness of men of the need to assume greater responsibility for the health care of women and children; that it continue to raise the awareness of traditional leaders and other “guardians of customs” of the need to abandon beliefs that run counter to messages intended to promote health care.
7.Right to education
41. The authors of joint submission 2 refer to the recommendation accepted by Madagascar whereby the country has undertaken to reform its education system to guarantee all boys and girls access to free primary education. They state that, despite the State having undertaken to make primary education free, that undertaking has still not become a reality. Schools often require parents to pay fees in order to supplement the meagre and irregular salaries of their teaching staff.
42. The authors of the submission add that the level of absenteeism is currently high in certain regions of the country owing to the requirement to pay fees. It is quite clear that parents cannot bear the cost of school fees and learning materials, as they themselves receive a meagre wage and are sometimes not paid for months at a time.
43. Furthermore, while a number of new schools have been built and existing schools refurbished, the fact remains that there are not enough schools to accommodate all the children of school age. In addition, teachers are still not sufficiently equipped and more often than not do not possess a proper teaching qualification. Thus, despite the Government’s efforts, the quality of the education system continues to leave a lot to be desired, as classes are often oversubscribed with the number of students reaching 45–90 in some cases. Moreover, those children with a visual, motor or other form of disability are not sufficiently integrated into the education system.
44. The authors of the submission conclude that all these difficulties, with their demotivating effect, cause students to fail their examinations. Many children drop out of school and, in families where there are several children, priority is given to the eldest child or to boys.
45. The authors of the submission recommend that Madagascar, when giving effect to the recommendations already made during its first universal periodic review, take all the measures necessary to make primary education free, both in terms of direct and indirect costs; that it continue its efforts to raise the school attendance rate and to reduce the school dropout rate, particularly among the most disadvantaged children; that it guarantee the right of girls to education by carrying out awareness-raising campaigns aimed both at families and the general population to highlight the importance of attending school.
46.The authors of joint submission 4 make similar comments and recommendations.
47. FMSI shares similar concerns. FMSI urges Madagascar inter alia to significantly increase the State’s budget allocation towards education to uphold the right of free and compulsory primary education for all children as stipulated in the Constitution; provide adequate school infrastructure, including sanitation facilities and adequate water supplies; provide better incentives for teachers and provide facilities in educational institutions particularly in primary schools that will attract children and help them feel better at school.
8.Persons with disabilities
48. The authors of joint submission 4 refer to the recommendation accepted by Madagascar whereby it has undertaken to ratify the Convention on the Rights of Persons with Disabilities, and note that the commitments made by the country in that regard have given great hope to persons with disabilities. However, the administrative measures taken and the budgetary resources allocated to the service responsible for persons with disabilities remain highly insufficient. Moreover, the marginalization of persons with disabilities with respect to access to education, employment, leisure activities, the vote and even cultural activities, remains significant and disproportionally affects women with disabilities.
Accepted and rejected recommendations
The following recommendations were accepted by Madagascar
108. The recommendations formulated during the interactive dialogue and listed below have been examined by Madagascar and enjoy its support:
108.41 Work on the establishment of an institution concerned with the implementation of the Convention on the Rights of the Child (Libya);
108.50 Consider the elaboration of a national policy for the child, which encompasses health, culture and sports (Turkey);
108.56 Promote efforts aimed at implementing the Convention on the Rights of the Child (Egypt);
108.59 Make further progress with the domestic implementation of international conventions it has ratified and adopt stringent measures, including legislation and awareness-raising campaigns, with a view to eliminating traditional and cultural practices that discriminate against women and girls (Netherlands);
108.62 Step up efforts to improve the civil registration service so that all children will be registered at birth (Turkey);
108.63 Reform its nationality law to ensure that all citizens have equal right to confer nationality to their children and the children born to citizen mothers are no longer at risk of statelessness (United States of America);
108.64 Step up efforts to stop discrimination against twins (Angola);
108.66 Step up efforts directed at fighting discrimination based on gender, particularly in order to end discriminatory treatment affecting children born to a foreign father married to a Malagasy women (Brazil);
108.68 Continue efforts to combat trafficking of women and children, including the establishment of a national plan of action to combat trafficking (Indonesia);
108.70 Adopt further measures to prevent and contrast those practices — such as early and forced marriages, and moletry — which have a negative impact on the empowerment of women (Italy);
108.75 Reinforce the National Committee for the Protection of the Child to enhance its ability to protect the rights of the child, especially street children (Mexico);
108.78 Adopt the necessary measures to address the issues of sexual exploitation of children and traditional practices of violence against children such as the abandonment of twins, as a matter of priority, including at the level of accountability (Portugal);
108.81 Adopt additional measures to eliminate violence against women and children and ensure gender equality in society (Russian Federation);
108.82 In collaboration with the international community, intensify efforts to combat trafficking of persons, particularly children (Rwanda);
108.84 Step up measures and actions to benefit vulnerable women and children by encouraging their access to credit, health and education (Senegal);
108.86 Advance policies for the participation of girls beyond the primary school level and promote strategies and actions to eliminate child early and forced marriage, including moletry (Sierra Leone);
108.87 Strengthen its efforts in making all forms of sexual violence against women and girls, including marital rape, criminal offences (Slovenia);
108.88 Combat violence against women and children, by implementing existing legislation and adopting comprehensive measures to address all forms of domestic violence (South Africa);
108.90 Strengthen the legal framework to combat and eradicate the worst forms of child labour, through legislative measures and awareness-raising campaigns (Spain);
108.95 Strengthen legislative measures and establish measures to combat discrimination and violence against women; bring to an end damaging cultural practices harmful to girls and to twins (Viet Nam);
108.96 Pursue efforts to combat sexual exploitation of children (Algeria);
108.97 Strengthen efforts to protect its most vulnerable populations, in accordance with obligations under the Convention on the Elimination of All Forms of Discrimination against Women and under the Convention on the Rights of the Child; and adopt specific legislation and programmes targeting gender-based violence, including marital rape (Australia);
108.100 Take specific measures to eliminate child marriage, early marriage and forced marriage, which remain widespread in a number of communities. These measures require new constitutional and legislative protection as well as commitments in terms of education and health for girls, and the protection against violence, as well as child protection services which must take account of the gender dimension and economic empowerment of women (Canada);
108.102 Identify the root causes of trafficking in persons and sexual exploitation of children in order to provide appropriate solutions (Central African Republic);
108.103 Strengthen measures to protect women and children against harmful cultural practices such as moletry and stigmatization of twins (Chad);
108.109 Further intensify efforts to combat harmful traditional practices affecting children (Ethiopia);
108.111 Develop child protection policies particularly in terms of combating sexual exploitation and child labour (France);
108.127 Redouble its efforts in providing free primary education for its citizens with a view to encouraging children who have been affected by the political crisis to attend primary school (Malaysia);
108.128 Intensify its awareness and campaign programmes to encourage school enrolment of children who have been excluded from the education system (Malaysia);
108.129 Continue adopting measures like the Temporary Plan for Education 2013–2015 guaranteeing education free of charges (Mexico);
108.130 Continue to maintain efforts towards ensuring free primary education for all Madagascan children and promote the right of the girl child to education (Namibia);
108.131 Continue work in order to ensure universal free primary education and broadened access to education and health care (Russian Federation);
108.132 Continue working with UNICEF and other relevant partners to encourage school enrolment for children to maximize the potential of Madagascar’s next generation (Singapore);
108.133 Enhance its efforts to raise school attendance rates, especially among girls, and reduce the drop-out rate (Thailand);
108.134 Take the necessary measures towards a primary education fully free of charge (Turkey);
108.135 Ensure that primary education is entirely free, given the high number of children who do not attend school (Angola);
108.136 Ensure the access to education, including to primary education, particularly for the most vulnerable children (Armenia);
108.137 Promote broader access to education for all children (Côte d’Ivoire);
108.138 Take all necessary measures to achieve the objective of free primary education (Cuba);
The following recommendations were rejected by Madagascar
109.1 Ratify the Optional Protocol to the Convention on the Rights of the Child on a communications procedure (Montenegro);
Views on conclusions and/or recommendations, voluntary commitments and replies presented by the State under review
12. Madagascar has rejected recommendation 5, concerning ratification of the third Optional Protocol to the Convention on the Rights of the Child on the establishment of an individual communications procedure, because for the time being it is fully engaged in implementing the first two optional protocols — which it has already ratified — on prohibition of the sale of children, child prostitution and child pornography and on non- involvement of children in armed conflict.
13. The implementation of various recommendations aimed at eliminating the sale of children, child prostitution and child pornography requires a commitment followed by concrete action.
14. Madagascar intends to prioritize its actions to stop the sale of children, child prostitution and child pornography and to prevent the involvement of children in armed conflict through the implementation of the new Anti-trafficking Act, adopted by Parliament during its regular session in December 2014, which provides for the establishment of a permanent structure and the formulation and implementation of a national plan of action to combat trafficking.