Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

The Committee notes the explanations provided by the Government concerning the circumstances in which work, services or assistance may be required in cases of robbery, pillage, flagrant offences, public disturbance or judicial execution (section 4 of the Labour Code).

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the adoption of Act No. 2007-038 of 14 January 2007 amending and supplementing certain provisions of the Penal Code on action to combat trafficking and sexual tourism. The Act defines trafficking in persons for purposes of exploitation (section 333ter of the Penal Code) and categorizes it as a penal offence (section 333quater). However, the Committee observes that, although the law establishes penalties for prostitution and sexual exploitation, it does not do so for trafficking in persons for labour exploitation. The Committee asks the Government to provide information in its next report, on the effect given to the Act in practice, and particularly on the prosecutions initiated. Please indicate the provisions of the legislation under which individuals have been prosecuted, particularly in cases of trafficking in persons for the exploitation of labour, and the nature of the penalties imposed. In more general terms, the Committee requests the Government to provide information on the characteristics and scope of trafficking in persons in Madagascar, and on the awareness-raising activities undertaken and the difficulties encountered by the public authorities in combating this phenomenon.

Article 2(2)(a). National service. For many years, the Committee has been emphasizing the need to bring Ordinance No. 78-002 of 16 February 1978 which sets forth general principles of national service into conformity with the Convention. The Ordinance defines national service as the compulsory participation of young Malagasies in national defence and in the economic and social development of the country. In the past, the Government indicated that the political and social context has changed considerably since the adoption of the Ordinance and that it may therefore be inferred that the Ordinance has been rendered obsolete and its revision should be envisaged. The Committee notes the Government’s confirmation in its latest report that the Committee’s comments have been forwarded to the competent department, but that no reply has been received. The Committee trusts that the Government will take all the necessary measures without delay to bring the legislation into conformity with the Convention either by ensuring that the participation of Malagasies in national service is on a voluntary basis, or by ascertaining that the work required under national service laws is of a purely military character.

Article 2(2)(c). Prison work. Hiring of prison labour to private enterprises. In its previous comments, the Committee noted that Decree No. 2006-015, adopted on 17 January 2006, maintains the possibility of hiring prison labour to private enterprises. It requested the Government to provide further information on the manner in which the free and informed nature of the consent of detainees hired to private entities is guaranteed. The Government indicates in its latest report that prisoners who wish to work have to submit an application to appear before the Commission for the Selection of Prisoners Apt for Work and that refusal to work or failure to submit an application have no consequence on the status of the prisoner nor on his or her consideration or request for conditional release. The Government also refers to Circular
No. 418-MJ/SG/DGAP of 4 August 2006 issued under Decree No. 2006-015 under which those using hired prison labour have to pay to the prison administration the wage normally required for such work. The Committee notes all of this information and requests the Government to provide a copy of Circular No. 418-MJ/SG/DGAP of 4 August 2006.