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Madagascar MODERATE ADVANCEMENT

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Madagascar MODERATE ADVANCEMENT Madagascar MODERATE ADVANCEMENT In 2016, Madagascar made a moderate advancement in efforts to eliminate the worst forms of child labor. The Government increased the number of child labor inspectors from 4 to 15, launched a study with UNICEF to assess violence and exploitation of children in Madagascar, and expanded the implementation of the Code of Conduct for the Protection of Children in the Tourism Industry. In addition, the Government continued to participate in a number of programs targeting the worst forms of child labor. However, children in Madagascar perform dangerous tasks in agriculture, including the production of vanilla. Children also engage in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Limited resources for the systematic enforcement of child labor laws impede government efforts to protect children from the worst forms of child labor. Social programs to combat child labor are also insufficient to adequately address the extent of the problem. I. PREVALENCE AND SECTORAL DISTRIBUTION OF CHILD LABOR Children in Madagascar perform dangerous tasks in agriculture, including the production of vanilla.(1-6) Children also engage in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking.(4, 7-12) Table 1 provides key indicators on children’s work and education in Madagascar. Table 1. Statistics on Children’s Work and Education Figure 1. Working Children by Sector, Ages 5-14 Children Age Percent Services 8.4% Industry tŽƌŬŝŶŐ;йĂŶĚƉŽƉƵůĂƟŽŶͿ 5 to 14 ϮϮ͘1 ;1͕ϮϬϲ͕ϵϵϮͿ 4.2% ƩĞŶĚŝŶŐ ^ĐŚooů ;йͿ 5 to 14 69.1 oŵďŝŶŝŶŐ toƌŬ ĂŶĚ ^ĐŚooů ;йͿ 7 to 14 15.4 WƌŝŵĂƌLJ oŵƉůĞƟoŶ ZĂtĞ ;йͿ 69.3 Agriculture 87.4% ^ŽƵƌĐĞĨŽƌƉƌŝŵĂƌLJĐŽŵƉůĞƟŽŶƌĂƚĞ͗ĂƚĂĨƌŽŵϮϬϭϱ͕ƉƵďůŝƐŚĞĚďLJhE^K /ŶƐƟƚƵƚĞĨŽƌ^ƚĂƟƐƟĐƐ͕ϮϬϭϲ͘;ϭϯ) ^ŽƵƌĐĞ ĨŽƌ Ăůů ŽƚŚĞƌ ĚĂƚĂ͗ hŶĚĞƌƐƚĂŶĚŝŶŐ ŚŝůĚƌĞŶ͛Ɛ tŽƌŬ WƌŽũĞĐƚ͛Ɛ ĂŶĂůLJƐŝƐ ŽĨ ƐƚĂƟƐƟĐƐ ĨƌŽŵ ƚŚĞ EĂƟŽŶĂů ^ƵƌǀĞLJ ŽĨ ŚŝůĚ >ĂďŽƌ ;ŶƋƵġƚĞ EĂƟŽŶĂůĞ ƐƵƌ ůĞ dƌĂǀĂŝů ĚĞƐ ŶĨĂŶƚƐ)͕ ϮϬϬϳ͘;ϭϰ) Based on a review of available information, Table 2 provides an overview of children’s work by sector and activity. Table 2. Overview of Children’s Work by Sector and Activity Sector/Industry Activity ŐƌŝĐƵůtƵƌĞ WƌoĚƵĐƟoŶ oĨ tĞĂ͕ ǁŝŶĞ͕ ĐoĐoŶƵt͕ ŚĞŵƉ͕ ƌŝĐĞ͕ ĂŶĚ ƉĞĂŶƵtƐ ;4, 15-17Ϳ WƌoĚƵĐƟoŶ oĨ ǀĂŶŝůůĂ, ŝŶĐůƵĚŝŶŐ ǁoƌŬŝŶŐ ŝŶ tŚĞ ĚƌLJŝŶŐ ƉƌoĐĞƐƐ, ĂŶĚ tƌĂŶƐƉoƌƟŶŐ ǀĂŶŝůůĂ ďĞĂŶƐ ;1, 3, 5, 6, 18-21Ϳ &ŝƐŚŝŶŐ ĂŶĚ ĚĞĞƉ-ƐĞĂ ĚŝǀŝŶŐ, ŝŶĐůƵĚŝŶŐ Ĩoƌ ĐƌĂďƐ, ůoďƐtĞƌ, ĂŶĚ ƐŚƌŝŵƉ ;4, 6, 16, 22, 23Ϳ ,ĞƌĚŝŶŐ ĐĂƩůĞ ;njĞďƵͿ ĂŶĚ ŐoĂtƐ ;6, 16, 24, 25Ϳ /ŶĚƵƐtƌLJ DŝŶŝŶŐΏ ŐoůĚ, ƐĂƉƉŚŝƌĞƐ, ĐƌLJƐtĂů, ƋƵĂƌtnj, ĂŶĚ toƵƌŵĂůŝŶĞ, ĂŶĚ tƌĂŶƐƉoƌƟŶŐΏ ďůoĐŬƐ ĂŶĚ ƐtoŶĞƐ Ăt ŵŝŶŝŶŐ ƐŝtĞƐ ;10, 16, 22, 26-29Ϳ YƵĂƌƌLJŝŶŐΏ ĂŶĚ ĐƌƵƐŚŝŶŐ ƐtoŶĞ ĂŶĚ ŵĂŬŝŶŐ ŐƌĂǀĞůΏ ;3, 10, 22-24, 26Ϳ WƌoĚƵĐƟoŶ oĨ ƐĂůt ;6, 22, 24Ϳ ^ĞƌǀŝĐĞƐ ^tƌĞĞt ǁoƌŬ, ŝŶĐůƵĚŝŶŐ ďĞŐŐŝŶŐ, ŵĂƌŬĞt ǀĞŶĚŝŶŐ, tƌĂŶƐƉoƌƟŶŐ ŐooĚƐ ďLJ ƌŝĐŬƐŚĂǁ, ĂŶĚ ƐĐĂǀĞŶŐŝŶŐ ŐĂƌďĂŐĞ ;4, 6, 10, 22-25Ϳ toƌŬŝŶŐ ŝŶ ďĂƌƐ,Ώ ŝŶĐůƵĚŝŶŐ ĂƐ ǁĂŝtƌĞƐƐĞƐ, ŵĂŝĚƐ, ĂŶĚ ŵĂƐƐĞƵƐĞƐ ;7, 8, 12, 25, 28, 30, 31Ϳ oŵĞƐƟĐ ǁoƌŬΏ ;4, 8, 10, 12, 24Ϳ 2016 FINDINGS ON THE WORST FORMS OF CHILD LABOR 1 Madagascar MODERATE ADVANCEMENT Table 2. Overview of Children’s Work by Sector and Activity (cont) Sector/Industry Activity ĂtĞŐoƌŝĐĂů toƌƐt &oƌŵƐ oĨ oŵŵĞƌĐŝĂů ƐĞdžƵĂů ĞdžƉůoŝtĂƟoŶ, ƐoŵĞƟŵĞƐ ĂƐ Ă ƌĞƐƵůt oĨ ŚƵŵĂŶ tƌĂĸĐŬŝŶŐ ;4, 7-12Ϳ ‡ ŚŝůĚ >Ăďoƌ &oƌĐĞĚ ůĂďoƌ ŝŶ ŵŝŶŝŶŐ, ƋƵĂƌƌLJŝŶŐ, ďĞŐŐŝŶŐ, ĂŶĚ ĚoŵĞƐƟĐ ǁoƌŬ ;4, 8, 10, 12, 26, 31Ϳ Ώ ĞtĞƌŵŝŶĞĚ ďLJ ŶĂƟoŶĂů ůĂǁ oƌ ƌĞŐƵůĂƟoŶ ĂƐ ŚĂnjĂƌĚoƵƐ ĂŶĚ, ĂƐ ƐƵĐŚ, ƌĞůĞǀĂŶt to ƌƟĐůĞ 3;ĚͿ oĨ />K . 182. ‡ ŚŝůĚ ůĂďoƌ ƵŶĚĞƌƐtooĚ ĂƐ tŚĞ ǁoƌƐt ĨoƌŵƐ oĨ ĐŚŝůĚ ůĂďoƌ ƉĞƌ ƐĞ ƵŶĚĞƌ ƌƟĐůĞ 3;ĂͿ ʹ ;ĐͿ oĨ />K . 182. Children in the mining sector suffer from respiratory problems and diseases such as diarrhea and malaria, and are also at risk of injury from collapsing mines. Children, as young as 10, dig pits up to 15 meters deep and carry plastic sacks filled with air to breathe.(4, 10, 23, 24, 26, 27) Most of the children involved in gold and sapphire mining are in the regions of Anlamanga, Anosy, Ilakaka, and Vakinankaratra.(4, 16, 27) In addition, children working in the production of vanilla in Madagascar are exposed to toxic substances, extreme temperatures, transport heavy loads, and work for long hours. (1-3, 5, 6, 18-21) Although the Constitution guarantees free compulsory education, the lack of school infrastructure and qualified teachers, limited transportation services in rural areas with long distances to schools, cost of school fees and supplies, and reported school violence impede access to education in Madagascar, which leaves children vulnerable to the worst forms of child labor.(6, 23-25, 32-35) II. LEGAL FRAMEWORK FOR THE WORST FORMS OF CHILD LABOR Madagascar has ratified all key international conventions concerning child labor (Table 3). Table 3. Ratification of International Conventions on Child Labor Convention Ratification />K . 138, DŝŶŝŵƵŵ ŐĞ />K . 182, toƌƐt &oƌŵƐ oĨ ŚŝůĚ >Ăďoƌ hE Z hE Z KƉƟoŶĂů WƌotoĐoů oŶ ƌŵĞĚ oŶŇŝĐt hE Z KƉƟoŶĂů WƌotoĐoů oŶ tŚĞ ^ĂůĞ oĨ ŚŝůĚƌĞŶ, ŚŝůĚ WƌoƐƟtƵƟoŶ ĂŶĚ ŚŝůĚ WoƌŶoŐƌĂƉŚLJ WĂůĞƌŵo WƌotoĐoů oŶ dƌĂĸĐŬŝŶŐ ŝŶ WĞƌƐoŶƐ The Government has established laws and regulations related to child labor, including its worst forms (Table 4). However, gaps exist in Madagascar’s legal framework to adequately protect children from child labor. Table 4. Laws and Regulations on Child Labor Meets International Standard Age Legislation Standards: Yes/No DŝŶŝŵƵŵ ŐĞ Ĩoƌ toƌŬ zĞƐ 15 ƌƟĐůĞ 100 oĨ tŚĞ >Ăďoƌ oĚĞ ;36Ϳ DŝŶŝŵƵŵ ŐĞ Ĩoƌ ,ĂnjĂƌĚoƵƐ toƌŬ zĞƐ 18 ƌƟĐůĞ 101 oĨ tŚĞ >Ăďoƌ oĚĞ͖ ƌƟĐůĞƐ 10 oĨ ĞĐƌĞĞ 2007-563 (36, 37Ϳ /ĚĞŶƟĮĐĂƟoŶ oĨ ,ĂnjĂƌĚoƵƐ KĐĐƵƉĂƟoŶƐ oƌ zĞƐ ƌƟĐůĞ 101 oĨ tŚĞ >Ăďoƌ oĚĞ͖ ƌƟĐůĞƐ 10, 12 ĂŶĚ 16-22 oĨ ĐƟǀŝƟĞƐ WƌoŚŝďŝtĞĚ Ĩoƌ ŚŝůĚƌĞŶ ĞĐƌĞĞ 2007-563 (36, 37Ϳ WƌoŚŝďŝƟoŶ oĨ &oƌĐĞĚ >Ăďoƌ zĞƐ ƌƟĐůĞ 4 oĨ tŚĞ >Ăďoƌ oĚĞ͖ ƌƟĐůĞ 8 oĨ >Ăǁ 2014-040͖ ƌƟĐůĞ 15 oĨ ĞĐƌĞĞ 2007-563͖ ƌƟĐůĞƐ 333 ĂŶĚ 335 oĨ >Ăǁ 2007- 038͖ ƌƟĐůĞ 1 oĨ >Ăǁ 2014-040 (36-39Ϳ WƌoŚŝďŝƟoŶ oĨ ŚŝůĚ dƌĂĸĐŬŝŶŐ zĞƐ ƌƟĐůĞ 15 oĨ ĞĐƌĞĞ 2007-563͖ ƌƟĐůĞƐ 333 ĂŶĚ 335 oĨ >Ăǁ 2007-038͖ ƌƟĐůĞƐ 1 ĂŶĚ 8 oĨ >Ăǁ 2014-040 (37-39Ϳ WƌoŚŝďŝƟoŶ oĨ oŵŵĞƌĐŝĂů ^ĞdžƵĂů zĞƐ ƌƟĐůĞ 13 oĨ ĞĐƌĞĞ 2007-563͖ ƌƟĐůĞ 335 oĨ >Ăǁ 2007-038͖ džƉůoŝtĂƟoŶ oĨ ŚŝůĚƌĞŶ ƌƟĐůĞ 1 oĨ >Ăǁ 2014-040 (37-39Ϳ WƌoŚŝďŝƟoŶ oĨ hƐŝŶŐ ŚŝůĚƌĞŶ ŝŶ /ůůŝĐŝt zĞƐ ƌƟĐůĞƐ 11 ĂŶĚ 14 oĨ ĞĐƌĞĞ 2007-563(37Ϳ ĐƟǀŝƟĞƐ 2 BUREAU OF INTERNATIONAL LABOR AFFAIRS Madagascar MODERATE ADVANCEMENT Table 4. Laws and Regulations on Child Labor (cont) Meets International Standard Age Legislation Standards: Yes/No DŝŶŝŵƵŵ ŐĞ Ĩoƌ DŝůŝtĂƌLJ ZĞĐƌƵŝtŵĞŶt ^tĂtĞ oŵƉƵůƐoƌLJ N/A* ^tĂtĞ soůƵŶtĂƌLJ zĞƐ 18 AƌƟĐůĞ 11 oĨ KƌĚŝŶĂŶĐĞ No. 78-002 (40Ϳ NoŶ-ƐtĂtĞ oŵƉƵůƐoƌLJ zĞƐ 18 AƌƟĐůĞƐ 15 oĨ ĞĐƌĞĞ 2007-563(37Ϳ oŵƉƵůƐoƌLJ ĚƵĐĂƟoŶ AŐĞ zĞƐ 16‡ AƌƟĐůĞ 24 oĨ tŚĞ oŶƐƟtƵƟoŶ͖ AƌƟĐůĞ 39 oĨ >Ăǁ 2008-011 (34, 41Ϳ &ƌĞĞ WƵďůŝĐ ĚƵĐĂƟoŶzĞƐ AƌƟĐůĞ 24 oĨ tŚĞ oŶƐƟtƵƟoŶ (34Ϳ * No ĐoŶƐĐƌŝƉƟoŶ (42Ϳ ‡AŐĞ ĐĂůĐƵůĂtĞĚ ďĂƐĞĚ oŶ ĂǀĂŝůĂďůĞ ŝŶĨoƌŵĂƟoŶ(41Ϳ Malagasy law prohibits hazardous occupations and activities for children; however, these prohibitions do not cover deep-sea diving and fishing, areas in which there is evidence that Malagasy children work in dangerous conditions. A revised law that contains a more specific list of hazardous child labor activities in all relevant sectors, including underwater work, was developed, but it was not approved during the reporting period.(6, 23, 43, 44) III. ENFORCEMENT OF LAWS ON THE WORST FORMS OF CHILD LABOR The Government has established institutional mechanisms for the enforcement of laws and regulations on child labor, including its worst forms (Table 5). However, gaps in labor law and criminal law enforcement remain and some enforcement information is not available. Table 5. Agencies Responsible for Child Labor Law Enforcement Organization/Agency Role DŝŶŝƐtƌLJ oĨ ŝǀŝů ^ĞƌǀŝĐĞƐ ĂŶĚ >Ăďoƌ ŶĨoƌĐĞ ĐŚŝůĚ ůĂďoƌ ůĂǁƐ ĂŶĚ ĐooƌĚŝŶĂtĞ, tƌĂŝŶ, ĂŶĚ ĞǀĂůƵĂtĞ Ăůů ĂĐƟǀŝƟĞƐ ŝŶ tŚĞ ĐoŶtĞdžt oĨ tŚĞ ŝǀŝƐŝoŶ Ĩoƌ tŚĞ WƌĞǀĞŶƟoŶ, AďoůŝƟoŶ, ĞůŝŵŝŶĂƟoŶ oĨ ĐŚŝůĚ ůĂďoƌ.(6, 23, 33, 44Ϳ ĂŶĚ DoŶŝtoƌŝŶŐ oĨ ŚŝůĚ >Ăďoƌ (WAdͿ DŝŶŝƐtƌLJ oĨ :ƵƐƟĐĞ ŶĨoƌĐĞ ůĂǁƐ ƉĞƌtĂŝŶŝŶŐ to ǀŝoůĞŶĐĞ ĂŐĂŝŶƐt ĐŚŝůĚƌĞŶ, ŝŶĐůƵĚŝŶŐ ŚƵŵĂŶ tƌĂĸĐŬŝŶŐ ĂŶĚ ĐoŵŵĞƌĐŝĂů ƐĞdžƵĂů ĞdžƉůoŝtĂƟoŶ.(12, 23Ϳ NĂƟoŶĂů WoůŝĐĞ &oƌĐĞ /ŶǀĞƐƟŐĂtĞ ĐƌŝŵŝŶĂů ĐĂƐĞƐ ŝŶǀoůǀŝŶŐ ŵŝŶoƌƐ, ŝŶĐůƵĚŝŶŐ ŝƐƐƵĞƐ ƉĞƌtĂŝŶŝŶŐ to ŚƵŵĂŶ tƌĂĸĐŬŝŶŐ ĂŶĚ DoƌĂůƐ ĂŶĚ DŝŶoƌƐ ƌŝŐĂĚĞ (WDWDͿ ĐoŵŵĞƌĐŝĂů ƐĞdžƵĂů ĞdžƉůoŝtĂƟoŶ. ,oƵƐĞĚ ƵŶĚĞƌ tŚĞ DŝŶŝƐtƌLJ oĨ WƵďůŝĐ ^ĞĐƵƌŝtLJ. (4, 12, 23, 35, 45Ϳ ĞƉĂƌtŵĞŶt-ůĞǀĞů oƵƌtƐWƌoƐĞĐƵtĞ ĐŚŝůĚ ůĂďoƌ ĐoŶǀŝĐƟoŶƐ.(23Ϳ DŝŶŝƐtƌLJ oĨ WoƉƵůĂƟoŶ, ^oĐŝĂů WƌotĞĐƟoŶ ĞǀĞůoƉ ĂŶĚ ŝŵƉůĞŵĞŶt ƉƌoŐƌĂŵƐ to ƉƌotĞĐt ǀƵůŶĞƌĂďůĞ ĐŚŝůĚƌĞŶ, ŝŶĐůƵĚŝŶŐ ǀŝĐƟŵƐ oĨ tŚĞ ĂŶĚ tŚĞ WƌoŵoƟoŶ oĨ toŵĞŶ ǁoƌƐt ĨoƌŵƐ oĨ ĐŚŝůĚ ůĂďoƌ.(23Ϳ DĂŶĂŐĞ 780 ĐŚŝůĚ ƉƌotĞĐƟoŶ ŶĞtǁoƌŬƐ to ƉƌotĞĐt ĐŚŝůĚƌĞŶ Ĩƌoŵ ĂďƵƐĞ ĂŶĚ ĞdžƉůoŝtĂƟoŶ ŝŶ Ăůů 22 ƌĞŐŝoŶƐ oĨ DĂĚĂŐĂƐĐĂƌ. AƉƉƌodžŝŵĂtĞůLJ 450 oĨ tŚĞ ŶĞtǁoƌŬƐ ĂƌĞ oƉĞƌĂƟoŶĂů.(6, 12, 23, 35, 46Ϳ Labor Law Enforcement In 2016, labor law enforcement agencies in Madagascar took actions to combat child labor, including its worst forms (Table 6). Table 6. Labor Law Enforcement Efforts Related to Child Labor Overview of Labor Law Enforcement 2015 2016 >Ăďoƌ /ŶƐƉĞĐtoƌĂtĞ &ƵŶĚŝŶŐ $41,000 (15, 47Ϳ $49,000(15, 47Ϳ NƵŵďĞƌ oĨ >Ăďoƌ /ŶƐƉĞĐtoƌƐ 142 (15Ϳ 132 (23Ϳ NƵŵďĞƌ oĨ ŚŝůĚ >Ăďoƌ ĞĚŝĐĂtĞĚ /ŶƐƉĞĐtoƌƐ 4 (15Ϳ 15 (23, 44Ϳ /ŶƐƉĞĐtoƌĂtĞ AƵtŚoƌŝnjĞĚ to AƐƐĞƐƐ WĞŶĂůƟĞƐ zĞƐ (48ͿzĞƐ (48Ϳ dƌĂŝŶŝŶŐ Ĩoƌ >Ăďoƌ /ŶƐƉĞĐtoƌƐ /ŶŝƟĂů dƌĂŝŶŝŶŐ Ĩoƌ NĞǁ ŵƉůoLJĞĞƐ zĞƐ (48ͿzĞƐ (23Ϳ dƌĂŝŶŝŶŐ oŶ NĞǁ >ĂǁƐ ZĞůĂtĞĚ to ŚŝůĚ >Ăďoƌ N/A (15Ϳ N/A (23Ϳ ZĞĨƌĞƐŚĞƌ oƵƌƐĞƐ WƌoǀŝĚĞĚ zĞƐ (48Ϳ No (23Ϳ 2016 FINDINGS ON THE WORST FORMS OF CHILD LABOR 3 Madagascar MODERATE ADVANCEMENT Table 6. Labor Law Enforcement Efforts Related to Child Labor (cont)
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