MADAGASCAR: Children's Rights in UN Treaty Body Reports

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Summary: This report extracts mentions of children's rights issues in the reports of all UN Treaty Bodies and their follow-up procedures. This does not include the Concluding Observations of the UN Committee on the Rights of the Child which are available here: http://www.crin.org/resources/treaties/index.asp

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UN Human Rights Committee

CCPR/C/MDG/CO/3

Last reported: 12 and 13 March 2007
Concluding Observations adopted: 23 March 2007

  • Domestic violence: The Committee is concerned by information reporting numerous cases of domestic violence. The victims of such violence reportedly do not file complaints because of social and family constraints (arts. 3 and 7).

    The State party should provide better protection for women, strengthen preventive measures and punishment for domestic violence against women and children, and address the factors underlying women's vulnerability, including economic dependence on their partners. It should also establish support structures for victims and programmes to raise awareness, including training courses for law enforcement officials. (paragraph 11)

  • Discrimination against twins: The Committee is also concerned by the fact that in the south-eastern region, the birth of twins is considered a bad omen (CCPR/C/MDG/2005/3, para. 86) and therefore only one of the newborns is kept by the family, while the other is automatically abandoned (arts. 6 and 24).

    While taking note of the explanations provided by the State party in this regard, the Committee requests it to take appropriate vigorous, binding measures to eradicate this practice and ensure that twins are kept by their families so that every child benefits from effective protection measures. (paragraph 17)

  • Abuse of children working in domestic service: The Committee takes note of reports that children are often employed as domestic servants in conditions that are often tantamount to slavery and lend themselves to all kinds of abuse, in violation of articles 8 and 24 of the Covenant.

    The State party should conduct information campaigns and take the necessary measures to put an end to this practice, and ensure compliance with articles 8 and 24 of the Covenant. (paragraph 21)

  • Detention conditions: The Committee regrets that, even though new prison infrastructure has been built recently and the renovation of existing prisons has been undertaken, the prisons remain overcrowded. Conditions of detention are said to be deplorable, and detainees are reportedly not provided with sufficient food. The Committee is concerned that frequently persons being held for questioning are not separated from convicted prisoners, and minors are held with adults (arts. 9 and 10).

    The State party should continue the efforts undertaken to improve conditions of detention in its territory and ensure, in that regard, that the Covenant is observed. It should in particular establish a programme of prison rehabilitation and put in place a system to ensure that accused persons are separated from convicted prisoners, and minors from other detainees. (paragraph 22)

Follow-up – No mention of children's rights.

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UN Committee on Economic, Social and Cultural Rights

E/C.12/MDG/CO/2

Last reported: 9 and 10 November 2009
Concluding Observations adopted: 18 and 19 November 2009

  • Human rights education: The Committee is concerned that human rights education in schools and training for civil servants and members of the judiciary do not integrate economic, social and cultural rights.

    Recalling the principles of interdependence and indivisibility of human rights, the Committee recommends that the State party provide education on human rights to students at all levels of education, and human rights training for members of all professions and sectors that have a direct role in the promotion and protection of human rights, including judges, lawyers, civil servants, teachers, law enforcement officers, the police and the military. (paragraph 9)

  • Education: The Committee is concerned that the State party maintains its reservation to article 13, paragraph 2, of the Covenant, more particularly as it relates to primary education.

    The Committee calls upon the State party to consider withdrawing its reservation to article 13 (2) of the Covenant not to further "postpone its application of article 13, paragraph 2, of the Covenant, more particularly in so far as it relates to primary education, since, while the Malagasy Government fully accepts the principles embodied in the said paragraph and undertakes to take the necessary steps to apply them in their entirety at the earliest possible date, the problems of implementation, and particularly the financial implications, are such that full application of the principles in question cannot be guaranteed at this stage." (paragraph 10)

  • Nationality: The Committee is concerned that under the current Nationality Code, children born to a mother of Malagasy nationality and a father of foreign nationality cannot acquire Malagasy nationality. (arts. 3 and 10)

    The Committee urges the State party to adopt revised legislation, so as to guarantee Malagasy nationality to children born to a mother of Malagasy nationality and a father of foreign nationality, on an equal footing to children born to a Malagasy father and a mother of foreign origin. (paragraph 14)

  • Child labour: While noting that child labour is prohibited by law, the Committee is concerned that it remains widespread in the State party and that children are employed in agricultural and mining industries, as well as for domestic service in rural and urban areas. The Committee is also concerned that despite various programmes and plans adopted, the practical results remain inadequate. (art. 10)

    The Committee recommends that the State party:

    Reinforce the legal framework to combat child labour and adopt all the necessary legal and judicial measures to eradicate this phenomenon;

    Support and reinforce the role of the family as an essential element for the protection of children and combat against child labour;

    Take all necessary measures to implement effectively all policies against child labour, including through awareness-raising campaigns for the public on protection of children, strengthen preventive measures, and prosecute and punish those who are responsible. (paragraph 21)

  • Violence against women and children: The Committee is concerned about the prevalence of violence against women, including marital rape, which is not recognised as a criminal offence, and violence against children. It is also concerned that such violence is socially tolerated and goes unreported because of a practice of silence, resulting in victims not lodging complaints against perpetrators. The Committee is further concerned about the lack of information and disaggregated data on domestic violence. (art. 10)

    The Committee recommends that the State party combat violence against women and children, by implementing the existing legislation and adopting comprehensive measures to address all forms of domestic violence. The Committee also recommends that the State party ensure victims' access to justice, by encouraging the reporting of crimes and that perpetrators are prosecuted and punished. The Committee calls upon the State party to ensure that marital rape constitute a criminal offence. It requests the State party to raise public awareness through the media and education programmes on violence against women and children. The Committee also requests that the State party provide information on the impact of such measures, as well as data on the prevalence of various forms of such violence, disaggregated by age groups. (paragraph 23)

  • Trafficking in women and children: The Committee is concerned about the persistence of trafficking in women and children, including sex tourism, in the country, in particular for girls living in poverty in rural and remote areas, despite the adoption of Act. No. 2007-038 of 14 January 2008 amending and supplementing certain provisions of the Criminal Code concerning measures to prevent trafficking in persons and sex tourism, and the Act ratifying the Protocol to Prevent, Suppress and Punish Trafficking in Persons Especially Women and Children, supplementing the United Nations Convention against Transnational Organized Crime (Palermo Protocol), as well as awareness-raising campaigns on sex tourism. The Committee regrets the absence of data relating both to trafficking and prostitution. (art. 10)

    The Committee urges the State party to effectively implement the legislation against trafficking, to intensify its efforts to combat trafficking in persons, especially in women and children, in particular for the purposes of sexual exploitation. It also recommends that the State party strengthen its programmes and information campaigns to prevent trafficking, to provide mandatory training for law officials and judges, and to prosecute and punish those responsible. It further recommends that the State party address the root cause of trafficking and exploitation by increasing its efforts to improve education for children and create employment-generating activities, in particular for women in rural and remote areas. (paragraph 24)

  • Poverty: The Committee notes with grave concern that, although the State party has adopted a Poverty Reduction Strategy, almost 69 per cent of the population continue to live in poverty, especially women, young people and persons living in rural and remote areas. The Committee is also concerned that about 50 per cent of the population of the State party has no access to clean drinking water and adequate sanitation facilities, especially in rural areas. (art. 11)

    The Committee recommends that the State party allocate sufficient funds for the implementation of its poverty strategy and ensure the full integration of economic, social and cultural rights, as recommended by the Committee in its Statement on Poverty and the International Covenant on Economic, Social and Cultural Rights (E/C.12/2001/10). The Committee also urges the State party to take immediate and effective measures to ensure that the population has affordable access to clean drinking water, in line with its general comment No. 15 (2002) on the right to water (arts. 11 and 12 of the Covenant). (paragraph 25)

  • Infant and maternal mortality: The Committee is concerned that life expectancy remains very low in the State party: 58.1 years for women and 56.3 for men. It is also concerned that the maternal mortality rate and infant under-five mortality (93 per cent) remain very high due, inter alia, to lack of access to adequate maternity health-care centres, in particular for pregnant women living in rural and remote areas, and for children who suffer from chronic malnutrition due to the absence of adequate health care and living conditions. The Committee also regrets the lack of precise information on the outcomes of plans carried out by the State party and on the insufficient budget allocations for health care. (art. 12)

    The Committee recommends that the State party:

    Strengthen its National Health Plan with clear objectives aimed at increasing the life expectancy rate and reducing adverse living conditions;

    Take necessary measures and continue efforts to improve access by women to basic obstetric and neonatal care and to basic health-care centres, in particular in rural and remote areas;

    Reinforce its National Children's Health Programme to reduce child mortality, including by addressing the adverse living conditions of children and improving access to vaccination for children under five;

    Increase the resources allocated to health care;

    Provide information about, and precise data on, progress made in improving the health situation in the State party. (paragraph 29)

  • Sexual and reproductive health services: The Committee is concerned about the insufficient access of the population, especially of women and children, to basic family planning and sexual and reproductive health services, especially in remote and rural areas. The Committee is also concerned about the lack of access to sexual and reproductive health education in the school system. The Committee is further concerned that the draft law to modify the 1920 Law on the right to reproductive health has not been adopted.

    The Committee recommends that the State party provide: (a) basic services for family planning and sexual and reproductive health to the population, especially for women and children and (b) education on sexual and reproductive health in its school system and approve the draft law modifying the above-mentioned 1920 Law. (Paragraph 30)

  • Education: The Committee is concerned that access to schools remains a problem for children living in rural and remote areas. It is also concerned about the high rate of repetition and dropouts, in particular for girls attending secondary schools. The Committee is further concerned that the status of teachers is less favourable than the status of other public servants in terms of salaries and benefits, and that the budget allocated to education remains insufficient. Furthermore, the Committee is concerned about the situation of children with disabilities in the school system. (art. 13)

    The Committee urges the State party to strengthen its various measures and programmes in order to:

    - Address the problem of access to schools for children living in rural and remote areas;

    - Take appropriate measures to ensure regular school attendance and reduce the dropout rate of children in particular in secondary schools;

    - Strengthen the capacity of teachers through training and review their status;

    - Develop programmes aimed at integrating children with disabilities into formal schooling.

    - The Committee also recommends that the State party increase its budget for education and seek international assistance to deal with the above-mentioned issues, in particular those related to children with disabilities. (paragraph 31)

    The Committee is concerned that school attendance is hampered by the stereotyped attitudes of parents on the lack of relevance of education to everyday life and livelihoods and job opportunities. (art. 13)

    The Committee recommends that the State party conduct awareness-raising campaigns for parents on the relevance of education of their children. The Committee also recommends that the State party update its school curricula, so as to include knowledge and skills that will enable students to improve their prospects for earning their livelihood and for job opportunities.

    The Committee recommends that the State party ensure the guarantee of freedom of religion, as enshrined in the Constitution of the State party. (paragraph 32)

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UN Committee against Torture

CAT/C/MDG/1

Last reported: 10 / 11 December 2011
Concluding Observations issued: 21 December 2011

Issues raised:

Detention: While taking note of the information provided by the State party on the construction of four new prisons, the Committee remains concerned about the poor living conditions in prisons and, in particular, the failure to separate different categories of inmates, malnutrition, the lack of medical care which has led to the death of some inmates, and the inhuman conditions in punishment cells. The Committee also remains concerned about prison overcrowding; although the Constitution states that pretrial detention is an exceptional measure, more than half of the people held in prison have not yet been brought to trial. The Committee is particularly concerned about reports of the humiliating treatment of prisoners, of rape and of instances in which food is provided in exchange for the performance of sexual acts (arts. 2, 11, 12, 13, 14 and 16). Paragraph 11.The State party should:

       (b)           Separate the categories of detainees, ensuring that remand prisoners are separated from convicts and that minors are separated from adults;

Trafficking:  The Committee regrets that there is no information in the State party’s report on trafficking in persons despite a persistent problem of sex tourism and exploitation of street children (arts. 2, 12, 13 and 14). Paragraph 12.

The State party should investigate all allegations of trafficking in persons, in accordance with Act No. 2007-038 of 14 January 2008 concerning trafficking and sex tourism and with the relevant international standards. It should carry out awareness-raising campaigns and organize training sessions for law enforcement officers as a means of preventing and combating trafficking in persons. It should offer protection to victims and provide them with access to medical, social and legal services, including rehabilitation services. The Committee invites the State party to include detailed information in its next report on the number of investigations carried out, complaints filed and convictions handed down for trafficking in persons.               

Violence; The Committee is concerned about information indicating that there is a large number of cases of early and forced marriages and of ill-treatment and domestic violence. It is also concerned about the fact that complaints are not lodged due to social and family pressure, despite the existence of Act No. 2000-21, which criminalizes domestic violence and sexual abuse (arts. 2, 12, 13 and 16). Paragraph 13.

The State party should hold discussions at the community level, in particular with the heads of the fokontany, and take other steps to reduce the incidence of and ultimately eliminate forced marriages and moletry (probationary one-year marriages involving underage girls). It should enforce the obligation to register all marriages in order to monitor their compliance with domestic law and the conventions it has duly ratified. The State party should also prohibit early marriages, and prosecute offenders.

The Committee encourages the State party to pass a law to prevent and punish marital rape and prohibit corporal punishment of children. It invites the State party to ensure that methods for detecting violence against women and children are included in the training of law enforcement officers.

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UN Committee on the Elimination of Racial Discrimination

CERD/C/65/CO/4

Last reported: 2 and 3 August 2004
Concluding Observations adopted: 17 August 2004

Discrimination: The Committee notes that the rules on nationality discriminate against children born to a mother of Malagasy nationality and a father of foreign nationality.

The Committee recommends to the State party that it revise its nationality law and guarantee such children Malagasy nationality on the same footing as children born to a father of Malagasy nationality and a mother of foreign nationality. (paragraph 15)

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UN Committee on the Elimination of Discrimination against Women

CEDAW/C/MDG/CO/5

Last reported: 31 October 2008
Concluding Observations adopted: Not stated

  • Violence against women: The Committee expresses concern at the high prevalence of violence against women and girls, such as widespread domestic violence and sexual violence, including rape. The Committee is also concerned that such violence appears to be socially legitimized and is accompanied by a culture of silence and impunity, so that victims of such violence do not press charges against perpetrators because of fear of retaliation, that cases of violence are thus underreported and that women are encouraged through customary law to leave the family home temporarily. The Committee is further concerned about the lack of information and data disaggregated by age groups on all forms of violence against women, and at the lack of information on the implementation of Act No. 2000-21, which criminalizes domestic and sexual violence. Furthermore, it notes with concern that marital rape is not recognized as a criminal offence and that the Criminal Code only criminalizes acts leading to physical injury and does not cover verbal, psychological and economic violence. (paragraph 18)

    The Committee urges the State party to give priority attention to combating violence against women and to adopt comprehensive measures to address all forms of violence against women and girls, in accordance with its general recommendation No. 19. It requests the State party to raise public awareness, through the media and education programmes, of the fact that all forms of violence against women are a form of discrimination under the Convention and therefore in violation of women's rights. The Committee calls upon the State party to ensure that violence against women and girls, including domestic violence, marital rape and all forms of sexual abuse, constitute a criminal offence; that perpetrators are prosecuted, punished and rehabilitated; and that women and girls who are victims of violence have access to immediate means of redress and protection. The Committee requests the State party to remove any impediment faced by women in gaining access to justice and recommends that legal aid be made available to all victims of violence, including through the establishment of additional legal aid clinics in rural or remote areas. The Committee recommends the implementation of training for the judiciary and public officials, in particular law enforcement personnel, health-service providers and community development officers, in order to ensure that they are sensitized to all forms of violence against women and can provide adequate gender-sensitive support to victims. It also recommends the establishment of counselling services and shelters for victims of violence. The Committee requests that the State party provide information on the laws and policies in place to deal with violence against women and girls and on the impact of such measures, as well as data and trends on the prevalence of various forms of such violence, disaggregated by age groups. (paragraph 19)

  • Trafficking and exploitation of prostitution: While noting the adoption of Law No. 2007-38, modifying and completing the provision in the Penal Code concerning trafficking in persons and sex tourism, and the efforts of the State party aimed at raising awareness about sex tourism, the Committee expresses concern at the persistence of trafficking and sexual exploitation of women and girls, including sex tourism, in the country. In particular, the Committee expresses concern about the trafficking and sexual exploitation of girls in rural areas stemming from poverty and from their need to provide support for themselves as a consequence of being evicted from the parents' house upon reaching puberty. The Committee regrets the absence of data in respect of both trafficking and prostitution as well as the lack of a national plan of action to address both trafficking and sexual exploitation in the report of the State party. (paragraph 20)

    The Committee urges the effective implementation of the newly adopted law, and the introduction of effective prevention measures, timely prosecution and punishment of traffickers and the provisions of protection and support to victims. It recommends that information and training on the new law be provided to the judiciary and law enforcement officials, including border police, public officials, social workers and community development officers. It further recommends that the State party adopt a comprehensive action plan to address trafficking and sexual exploitation and ensure the allocation of sufficient human and financial resources for its effective implementation, including collection of disaggregated data. It also recommends that the State party address the root cause of trafficking and exploitation of women by increasing its efforts to improve the economic situation of women generally and, in particular, of girls who have reached puberty, thereby eliminating their vulnerability to exploitation and traffickers, including measures for the rehabilitation and social integration of women and girls who have been victims of such activity. The Committee also calls upon the State party to increase its efforts aimed at combating sex tourism, including in cooperation with countries of origin. (paragraph 21)

  • Nationality: While noting that the State party has adopted Law No. 2008-017, which authorizes the ratification of the Convention on the Nationality of Married Women and is aimed at rectifying the inequality of rights between women and men with respect to nationality, the Committee notes with concern that the Nationality Code does not comply with article 9 of the Convention in that it 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. (paragraph 24)

    The Committee urges the State party to amend the Nationality Code so as to bring it in line with article 9 of the Convention. (paragraph 25)

  • Education: While the Committee recognizes the efforts of the State party to expand girls' access to education and to reduce drop-out rates, in particular through the construction of additional classrooms, the abolition of registration fees and the provision of school kits and school supplies, the Committee expresses concern at current conditions that impede girls' access to education at all levels, including poverty, living in rural and remote areas, emancipation at puberty, early marriage and early pregnancy. The Committee notes that education is a key to the advancement of women and that the low level of education of women and girls remains one of the most serious obstacles to their full enjoyment of their human rights. (paragraph 26)

    The Committee urges the State party to raise awareness about the importance of education as a fundamental human right and as a basis for the empowerment of women and to take steps to overcome traditional attitudes that constitute obstacles to women and girls in the full enjoyment of their human rights to education. It recommends that the State party 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 Committee further urges the State party to take measures to increase the enrolment of girls at all levels and recommends the introduction of further temporary special measures, in accordance with its general recommendation No. 25, including incentives for parents to send girls to school. (paragraph 27)

  • Family relations: While welcoming the important legal reforms and progress that have taken place in the area of family relations, such as the adoption of Law No. 2007-022 on marriage and matrimonial regimes, which provides that the spouses have the same rights and the same responsibilities with regard to administering marital property and the setting of the minimum age of marriage at 18 years, the Committee is concerned at women's unequal status in marriage and family matter owing to customary and traditional attitudes. It is particularly concerned that customary law relating to marriage allows polygamy and that women in de facto unions and their children do not enjoy adequate legal protection. It also notes that the legislation on marriage still discriminates against women, imposing a six-month interval (the "délai de viduité") before they can remarry. (paragraph 36)

    The Committee urges the State party to harmonize civil and customary law with article 16 of the Convention and to repeal the provision requiring a six-month interval before women can remarry. The Committee also calls upon the State party to implement measures aimed at eliminating polygamy, as called for in the Committee's general recommendation No. 21 on equality in marriage and family relations. The Committee recommends that the State party seriously consider the situation of women in de facto unions, and of the children resulting from such unions, and ensure that they enjoy adequate legal protection. (paragraph 37)

    Follow up requested for paragraphs 19 and 21. Follow up received Nov 2010. Report is in French only.

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UN Committee on Migrant Workers

No report available

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UN Committee on the Rights of Persons with Disabilities

No report available

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UN Committee on Enforced Disappearances

No report available

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