PERIODIC REPORT IN ACCORDANCE WITH THE AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS PRESENTED BY MADAGASCAR

Transcription

1 PERIODIC REPORT IN ACCORDANCE WITH THE AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS PRESENTED BY MADAGASCAR YEAR

2 INTRODUCTION Madagascar ratified most of the Conventions and Charters relating to the protection of human rights including the African Charter on Human and Peoples Rights pursuant to law dated 06 August, In response to the repeated calls of the African Committee for Human Rights, the Madagascan Government through the Ministry of Foreign Affairs took the initiative to create in accordance with inter-ministerial order no dated 30 October, 2003 a committee responsible for the Drafting of the initial and periodic reports relating to international human rights instruments. This Committee comprises of: Government institutions: Ministry of Foreign Affairs, Population, Social Protection, (which was transformed into the present Ministry of Health), Ministry of Education, Scientific Research, Economy, Finance and Budget represented by the National Statistics Bureau of the Secretariat of State responsible for the Public Security within the Ministry of the Interior and Administrative reform charged with Public Security; Non Governmental Institutions, including NGOs active in the area of human rights in the former provinces of Madagascar; And other members of the civil society. To date, Madagascar has neither drafted let alone defended a report relating to the African Charter on Human and Peoples Rights. This report spans from...to... The European Union provided financial support for the elaboration of this report under the project entitled technical cooperation facility. Support to the activities of the Committee responsible for the Elaboration of Initial and Periodic reports relating to international human rights instruments. 2

3 TABLE OF CONTENTS A. TERRITORY 1. Geographic position 9 2. Climate and vegetation 9 B POPULATION Background Language, customs and habits and foreign communities The main characteristics of the Madagascan peoples. 10 C EVOLUTION OF THE POLITICAL HISTORY Presidential elections 2. Constitutional development 3. Administrative reform 4. Adoption of the Madagascar Action Plan (MAP) as a road map. D. HUMAN DEVELOPMENT INDICATORS E. ECONOMIC, SOCIAL AND CULTURAL INDICATORS 1. Economic 2. Social 3. Cultural 4. Communication and religion. F. SECURITY AND JUSTICE ARTICLES 2 AND 3 ARTICLE 4 ARTICLE 5 ARTICLE 6 ARTICLE 7 ARTICLE 8 ARTICLE 9 ARTICLE 10 ARTICLE 11 ARTICLE 12 ARTICLE 13 ARTICLE 14 ARTICLE 15 ARTICLE 16 ARTICLE 17 ARTICLE 18 The enjoyment of rights and freedoms Sanctity of life and protection of privacy Right to life Respect for the dignity inherent in the human person and recognition of his legal existence. Right to liberty and safety of the individual Freedom of conscience to practice the profession or religion of one s choice Right to training Freedom to establish associations Freedom of assembly Freedom of movement and abode Socio-political rights Right to property Right to fair working conditions Right to health Right to education Protection of the Family 3

4 ARTICLE 19 ARTICLE 20 ARTICLE 21 ARTICLE 22 ARTICLE 23 ARTICLE 24 Equality of peoples rights Right to existence and self determination Right of peoples to economic self determination Rights of the citizens to economic, social, and cultural development as well as the equal enjoyment of the common heritage of mankind. Rights of persons to peace and security Rights of persons to a conducive and comprehensive environment 4

5 ACRONYMS ACAT AERP AJM APC APT Ar ARTEC ASPE BAD BIANCO BIT BLU BM BTP CAID CDE CEDEF CELCO CFP CFTP CHD CHR CHRR CHU CLAC CNE CNE CNEMD CNEO CNLS CNLTE CNTEMAD CNUCED COI COMESA CRDA CRSP CSB 1&11 CSFOP CSI CSLCC D-CAO DCPE DIRAP DSM DSRP Christian Action for the Abolition of Torture Provisional exploitation and research authorisation Organisation of Mahanja Journalists Skills Approach Association for the prevention of torture African Development Bank Telecommunications regulatory authority Association for the safeguarding and protection of children African Development Bank Independent anti-corruption office International labour office Single lateral bands World Bank Buildings and Public works Intra domicile insecticide spraying campaign Convention on the rights of the child Convention for the elimination of all forms of discrimination against women Coordination unit of the Environmental programme Technical and professional training institute Technical and professional training institute District health centre Regional health centre Regional referral health centre Teaching hospital Centre for cultural reading and activities National electoral Council National employment Council National teaching centre for music and dance National workers training centre National Aids control committee National committee for the fight against child labour National tele-training centre United Nations Conference on trade and development Indian Ocean Commission Common Market for Eastern and Southern Africa Law Reform Commission for Africa Criminal System Reform Committee Primary Health Care Centre, levels I and II Higher Civil Service Council Committee for the Promotion Of Integrity Higher Counter Corruption Council decayed, missing and filled tooth Framework Paper For Economic Reform Inter Regional Directorate For Prisons Administration Department of household statistics Poverty Reduction Strategy Paper 5

6 DTS EBDM EDS EDSMD II & III EKA ENDS ENMG EPM EPT ESEC FAO FARITANY FMG FMI UNFPA FOKONTANY FRAM FTP Ha HCC HCR HJRA IDH IGL INSCAE INSTAT INSTN INTRA IPEC/BIT IRR ISCAM ISF IST IST JAS LTP MAP MCA MECIE MENRS MII MININTER MOP MST NAC/PCIME Special Drawing rights Economic Development Board of Madagascar Population and health census Second and third population and health census in Madagascar Ezaka Kopia ho an ny Anhizy (Operation for the issuance of birth certificates to children) National population and health census National school for magistrates and clerks of the court Continuing household census Universal schooling Children exploited sexually for commercial ends Food and agriculture organisation Province Malagasy franc International monetary fund United Nations fund for population affairs Ward (the smallest administrative entity in Madagascar) Fikambanan ny Ray Aman-drenin ny Mpianatra (Parent teachers association) Technical and professional training Hectares High constitutional court High Commission for refugees Joseph Ravoangy Andriavalona hospital Human development index Local governance initiative National institution for accounting sciences and company management National Statistics Institution National institution for nuclear sciences and techniques National labour institution International programme on the elimination of child labour, International labour office Rapid results initiative Higher institute for communication, business and management Total fertility rate Sexually transmitted diseases Higher institute for technology African statistics day Technical and professional high school Madagascar action plan Millennium challenge account Harmonisation of instruments and the environment Ministry of Education and Scientific research Insecticide treated bed nets Ministry of the Interior Penal labour Sexually transmitted diseases Community based nutrition programme/ Integrated management of childhood illnesses 6

7 NC ND OEMC OIT OLEP OMD OMERT OMS ONG PAM PANAGED PANEF PAS PCIME PDP PESH PEV PGE PIB PMA PNP PNPDES PNPF PNUD PVVIH RGPH RNDH RRI SADC SME SSD TBS TIC TPI TVA UNESCO UNICEF USD VHF VIH-SIDA Non classified Undetermined Office for mass and civic education International labour organisation Unit responsible for combating the occurrence of marine pollution Millennium development goals Malagasy telecommunications regulatory agency World Health organisation Non Governmental Organisation World food Programme National sex and development programme National girls education programme Structural adjustment programme Programme for the integrated management of childhood illnesses Internally displaced persons Persons with disabilities Mass vaccination campaign General state policy Gross national product Least developed countries National population policy National population policy for economic and social development National policy for the promotion of women United Nations development programme People living with HIV AIDS General population and housing census National human development report Rapid result initiative Southern African Development Commission Minimum salary for agricultural and non agricultural recruitment District health service Gross schools enrolment rate Information and Communication Technology Court of first instance Value added tax United Nations Educational, scientific and cultural organisation United Nations Children s Fund United states dollar Very High frequency Human immunodeficiency virus- acquired immunodeficiency syndrome HIV- AIDS. 7

8 LIST OF TABLES, CHARTS AND MAPS Table 1 Average size of households according to social setting and region Table 2 Gross national product in nominal and real terms and inflation rate Table 3 Average rate of exchange in Madagascar from 2001 to 2006 Table 4 Average salary, unemployment and under development in the region Table 5 Number of persons placed under a warrant for detention, and a provisional release (indo-pakistani victims), cases handled by the Antananarivo crime squad from January 2000 to May Table 6 Number of radio stations per province as at November, Table 7 Number of television stations per province as at November, Table 8 Main daily and weekly newspapers Table 9 Percentage of men and women at all levels of the civil service Table 10 Public and private schools, levels II and III Table 11 Evolution of the gross school enrolment rate Table 12 Evolution of college enrolment Table 13 Evolution of high school enrolment from 1995 to 2005 Table 14 Evolution of enrolment of higher education students by gender from 1987 to 2005 Table 15 Enrolment of students in the CNTEMAD correspondence courses Table 16 Number of girls in the licensed public and private higher education institutions in 2005 Table 17 Literacy rate among the population above 15 years of age Table 18 Proportion of private schools Table 19 Status: ratification multilateral conventions Map 1 Madagascar: Administrative sub divisions 8

9 PART ONE A. TERRITORY 1. Geographic position (1) Madagascar is a large island in the Indian Ocean, the fourth largest island of the world covering 587,000 square kilometres, 1580 kilometres long from North to South and 580 kilometres wide from East to West. It is situated 400km off the coast of Southern Africa and is separated from the continent by the Canal of Mozambique. (2) The topography of Madagascar is more rugged than that of the rest of Africa including Eastern Africa. Most of the landscape is made up of close normal valleys lavakas (deep ravines with steep slopes) cutting gashes into the slopes. The country is divided into several geographic zones: savannah, and plains to the West, the highlands inland, cliffs and tropical forests to the East, the enclaves to the North, and finally the semi-desertic plateaus of the South and South East. The country has a five thousand kilometre coastline and many inland sites. 2. Climate and Vegetation (3) Due to its relief, the country has a wide variety of tropical climates. In general, there is a stark difference between the hot and humid season on the one hand and the cooler and less rainy season, temperatures vary depending on the altitude and the seasons. (4) The ferralitic soils are predominant in the basins. The forests of the past have disappeared leaving grassy savannahs. This situation has created considerable runoff leading to the formation of holes and deep gashes on the slopes. (5) In the west, the climate is tropical and dry. Temperatures are high with low rainfall towards the South. The average temperature is 20 o c ranging from 5.5 o to 10 o c. The mainly savannah landscape is only broken up by the edge of the forest along the rivers. (6) Administratively, Madagascar is divided into 22 Regions, 118 Districts, 1558 Communes and Fokontany 1, (7) The urban and rural areas consist of several communities which in turn are subdivided into wards. 1 community 9

10 Map 1 Madagascar: administrative sub divisions. Map to be amended B, POPULATION: 1)Background (a) The first known inhabitants of the country were the Vazimba. They moved from the coasts towards the centre of the island on the arrival of the immigrants from the Asian continent (Indonesians, Malays,) and from the African continent (East Africans and Arabs). Other population groups followed later on, Indians, Chinese and Europeans. Before the arrival of the Europeans in Madagascar, several indigenous kingdoms were created between the XVI th and XIX th century. As of the XIX th century, the Kingdom of Imerina gained some control over the other kingdoms. 2) Language, habits and customs and foreign communities 10) The Madagascan people live within a nation. 11) Despite the level of evolution of the Madagascan socio-political system, habits and customs have always played a major role in the mode of social control. 12) In Madagascar there are European, American, Asian, African and Arab communities. 3) The distinctive traits of the people of Madagascar 13) As at the latest general population and housing census fielded in 1993, the population stood at 12,238,914 persons. It was estimated in 2007 at 18,359,000 according to the projections of the National Statistics Institute (INSTAT) with a growth rate stabilised at 2.8%. 14) Due to its insular nature, and its distance from the main international migration flows there is little exchange of populations with foreign countries. The effects of international migration are minimal. a) Social distribution of the population 15) According to the continuing household census, slightly less than 8 individuals out of 10 reside in the rural area. Regarding the regional distribution, 15 out of 100 people 10

11 live in Analamanga. The regions of Melaky, Ihorombe, Betsiboka and DIANA are each home to under 2% of the entire population. 5 to 9 % of the population live in Vakinankaratra, Matsiatra, Ambony, Vatovavy, Fitovinany, Atsinanana, Sofia and Atsimo Andrefana. 16) The Malagasy population is young. One in five persons is aged five or younger. Furthermore, half the population is less than 20 years old. People of retirement age, specifically within the civil service, make up 4% of the population. In terms of numbers within the general population, the proportion of male to female is more or less balanced. The proportion of women to men stands at 50.6%. b) Main population indicators Birth rate, fertility, and mortality 17) According to some sources of data, (General population and housing census, 1993, second national population and health census, 1992, third population and health census, 1997) the fertility rate is high and precocious in Madagascar. Actually, the total fertility rate (TFR) is 6 and the proportion of sexually active adolescents aged years is high (30% according to the 1997 population and health census). According to the third population and health census fielded in Madagascar in , the life expectancy has increased and now stands at 58.1 years for women and 56.3 for men. 18) Infant mortality at birth was pegged at 58% in Life expectancy 19) In 1993, life expectancy at birth was higher among women than among men in the entire country. 20) According to the third population and health census in Madagascar, the life expectancy has risen to 58.1 among women as opposed to 56.3 among men. c) Characteristics of Malagasy households. Average size of households. 21) On average, there are 4.9 persons in a Malagasy household. Rural families are bigger than urban ones (4.9 compared to 4.6). These figures are constant irrespective of the region of residence. However, this indicator varies from 3.9 in DIANA to 5.8 in Mahatsiatra Ambony. 11

12 Table 1: Average size of households according to social setting and region. Unit-persons REGIONS SETTINGS TOTAL Urban Rural Analamanga Vakinankaratra Itasy Bongolava Mahatsiatra Ambony Amoron l Mania Vatovavy Fitovinany Ihorombe Atsimo Atsinanana Atsinanana Analanjirofo Alaotra Mangoro Boeny Sofia Betsiboka Melaky Atsimo Andrefana Androy Anosy Menabe Diana Sava Total Source: National Statistics Institute/ Department of household statistics, Madagascar/ 2005 Continuing household census Socio-demographic characteristics of heads of households. 22) The Malagasy society is based on a patriarchal system. 23) The different matrimonial statuses are: monogamous customary marriage, legal marriage, monogamous common law marriage, polygamous customary and common law marriage. C- EVOLUTION OF THE POLITICAL HISTORY. (1) 2006 Presidential election 24) Marc RAVALOMANANA emerged as the winner of the 3 rd December presidential elections to serve a second five year term. 12

13 (2) Changes in the Constitution since the last report 25) The 4 th April, 2007 referendum approved the revision of the Constitution. The following amendments were made to the Constitution and subjected to a referendum: Chapters II and III define the decentralised local authorities i.e. regions and communes; Article 2 The Republic of Madagascar is subdivided into local government authorities whose administrative and financial autonomy are enshrined in the Constitution. These local government authorities collaborate with the Government to develop the nation. Article 4 The official languages are Malagasy, French and English. Article 13 [...] Any individual charged with or accused of an offence shall be entitled to the presumption of innocence until proven guilty by a competent court of law. Article 14- All individuals shall be entitled to freely forge associations with others on condition said action is in conformity with the Law. The same right shall be applicable to the creation of political parties. However, associations and political parties which jeopardise the unity of the Nation shall be prohibited; the same shall apply to parties which advocate totalitarian or segregationist ideas of an ethnic, tribal or denominational nature. Article 35- The Fokonolana shall be at the base of all development [...] Article 39- All individuals shall be compelled to respect the cultural values, public property and the environment. The State and the decentralised local government authorities shall ensure the protection, and conservation of the environment through appropriate means. Article 46- All candidates to the post of President of the Republic must hold a Malagasy citizenship whereby both parents are nationals of Madagascar, enjoy civil and political rights, be at least forty years old on the closing date for filing candidatures, and reside within the territory of the Republic of Madagascar at least six months before the date of filing candidatures. Article 48- Before taking office, the President of the Republic shall be sworn in before the Nation, at a solemn ceremony held at the High Constitutional Court in the presence of the Government, National Assembly, Senate and the Supreme Court [...] 13

14 Article 68- Whilst in office, no Member of Parliament shall hold any other elective public office and public employment excepting a teaching job. Any Member of Parliament appointed to a post within the Government shall resign forthwith from Parliament. All Members of Parliament shall dispatch their duties in all conscience and shall abide by the ethical rules laid down in article 76 hereunder. He shall be bound by the requirement to seat regularly. In the event of an unjustified absence, the MP s salary shall be stopped forthwith. The Member of Parliament s right to vote shall be personal. Voting shall be in public by a show of hands excepting where the issues at hand personally affect the members of the National Assembly Article 70- No Member of Parliament shall be prosecuted, pursued arrested, detained, or judged for his opinions or vote during his term of office. Members of Parliament shall only be arrested during sessions of the House to face criminal charge with the permission of the Parliament, unless in instances where they were caught in flagrante delicto as the main author, co-author or accomplice perpetrating the offence. Any individual may report in writing to the Permanent Bureau of the National Assembly on cases of incompetence or misconduct involving Members of Parliament. The Bureau must give a detailed response to the report within a period of six months Article 69 to78, review of Parliamentary representation; Article 99- [...] The delegation of authority authorises the President of the Republic to adopt measures of a general nature on matters touching on the law through Cabinet orders. Article 100- In the event of an emergency or disasters, the President of the Republic shall be entitled to take measures through orders on matters touching on the law. Article 109- The High Judicial Council, a protection, career management and punitive body shall be charged with ensuring respect of the law, the statutory provisions of the bench, respect for the code of ethics by Magistrates, making recommendations for improved delivery of justice especially in the case of measures of a legislative or regulatory nature concerning the Courts and Magistrates. Article 131- The provisions of the present Constitution shall not impede the ratification of the Statutes of the International Criminal Court done in 14

15 Rome on 17 July 1998 and the implementation of the attendant obligations under the conditions outlined in the said Statutes. Articles 134 to 140 on local Government authorities Articles 141 to 145 on the regions Articles 146 to 149 on the Communes 3. Administrative Reform 26. Article 35 of the revised Constitution stipulates that the Fokonolona shall be the foundation of all development. 27. Article 138 of the revised Constitution stipulates that The decentralised local government authorities shall be the regions and communes. 4. Adoption of the Madagascar Action Plan (MAP) as a road map. 28. The Madagascar Plan of Action (MPA) is a five-year plan spanning from 2007 to The Plan is based on the achievements of the PRSP and hence a follow up to the latter. The aim of the MAP is to make a quantum leap in development terms through the mobilisation of a five-year innovative plan which proposes to mobilise the Malagasy people and their international partners to generate rapid growth, promote poverty reduction, and guarantee the country s development in spite of the challenges of globalisation, in line with the Naturally Madagascar Vision. 29. The eight commitments of the Map are premised on eight pillars, namely: Good governance Infrastructure Education reform Rural development Health and family planning Economy and the private sector The environment National Solidarity. D. HUMAN DEVELOPMENT INDICATORS 30. For the year 2005, the HDI for Madagascar was evaluated at Over the past five years, the HDI of Madagascar has increased by 8.8%. In general, the rise is a result of the progressive improvement in indicators linked to life expectancy at birth and school enrolment. 31. However, there was a drop in the HDI in 2002 (0.479) due to the post electoral crisis and the protracted slump in economic activities in revenue terms. 2 Source: 2006 National human development (NHDR) report of the UNDP. 15

16 32. On the contrary, since 2003, the Big Island has been progressively drifting away from the group of least developed countries with a HDI slightly higher than 0.5. That notwithstanding, the country is still ranked amongst the 20 poorest countries worldwide. 33. The HDI of Madagascar is above the average HDI of the LDCs but twice as low as that of the rich countries. E. ECONOMIC, SOCIAL AND CULTURAL INDICATORS. 1. The Economic field 34. The recent socio-economic reforms undertaken have led to tangible growth and real changes in the country. Despite the slump which came in the wake of the postelectoral crisis in 2002, the economy has continued to register real positive growth. After several decades, the adoption of new legislative and regulatory provisions ushered in improvements and major reforms in the management of public finances. 35. Madagascar is committed to rise up to the challenges attendant to the attainment of the millennium development goals of halving poverty come The strategy adopted for the implementation of this policy is outlined in the Poverty Reduction Strategy Paper (PRSP) which was updated in 2005 and ended on 31 st December, The Madagascar Action Plan (MAP) is the follow up to the PRSP. 36. The expansion-oriented economic policy revolves around a boost in global supply and increased public sector investment, especially in the priority sectors such as education, health, infrastructure, and justice. Furthermore, in the private sector, the subsistence economy is evolving into a market economy, rural economy is expected to expand into an industrial economy and cooperation with other countries will be strengthened through international and regional trade. a) 2006 economic and financial performance. 37. In the first quarter of 2006, the grim economic outlook led to a slowdown in economic activities. Poor rainfall had an adverse effect on agricultural produce especially rice and the production of electrical power. 38. Despite the existence of many external factors, the economic growth rate was estimated at 4.7% in This economic growth was mainly spearheaded by a high level of investment of some 21.8% of GDP, 10.8% coming from the public sector and 0.8% from the private sector. 39. Actually it is the primary sectors which have been the hardest hit. 40. The low rainfall had adverse effects on hydro-electrical power production and on industrial production whereas activities of firms in the free zone are at a standstill. 41. The tertiary sector is at the origin of the bulk of GDP growth. Growth in this sector is lower than expected due to delayed disbursement under public investments for the 16

17 CPW and the drop in the number of tourists in the wake of the Chikungunia epidemic. b.) Economic and financial outlook, Madagascar must register a relatively high growth rate if she is to attain the millennium development poverty reduction goals outlined in the MAP. Thus, the expected growth rate for the year 2007 stands at 5.7, supported by investments estimated at 22.1% of the GDP with 10.3% and 11.7% coming from the public and private sectors respectively. Furthermore, a boost in exports is anticipated thanks to the development prospects in store for export-oriented industries (agro-industry, mining industries...) and the implementation of various measures to diversify exports. Hence, the growth in exports is estimated at 1.3% of SDR and imports at 2.5%. 43. The 2007 estimated growth rate for the private sector is estimated at 3.1% as opposed to 2.1% in Such growth is supported by developments in the agriculture sector assisted through financial partnerships, especially under the Millennium challenge account programme. In the secondary sector, the estimated growth rate was 5.9% in 2007 and 6.9% for the tertiary sector. Table 2- Gross national product (GDP) in nominal and real terms and inflation rate. Year Nominal GDP (billion Ariary) Nominal GDP (billions of Mgf 1984) Real GDP (Billion Mgf 1984) Real GDP (billions Mgf 1984) of Growth (%) Inflation (%) % 9.8% x Source: Department of economic studies. c. ) Inflation and currency depreciation has been marked by a generalised hike in consumer prices. Fuel, basic commodities and healthcare products have been affected. 45. Inflation was caused among others by the two devastating cyclones, the hikes in the price of fuel and rice on the international market coupled with the heavy depreciation of the Malagasy currency during the first semester of The escalation of oil prices on the international markets during the first semester of 2006 has affected domestic prices resulting in an inflation rate of +8.8% in February to in June 2006 on a sliding scale. The implementation of a prudent monetary 17

18 policy coupled with a judicious budgetary policy in the area of liquidity management has contributed to a large extent to the deceleration of prices. 47. Control of and attempts at stabilising inflation will be pursued in In 2004, the Malagasy currency depreciated considerably. The rate of exchange became less volatile as of July 2006 after a 7.64 % depreciation against the Euro and 1.3% against the dollar during the second quarter of Table 3: Average value of exchange rate in Madagascar from 2001 to Year USD EURO Average for the period End of the period Average for the period End period Average Average Average Average Average Average January February March Source: Central Bank of Madagascar. of 2. The Social field a) Employment in Madagascar 49. In accordance with the Universal Declaration for Human Rights, the National Employment Policy aims to promote full productive employment for all chosen out of one s free will. 50. The National Employment Policy aims to: Provide the conducive environment for economic growth, investment and employment; Support the private sector, the main player in the reduction of unemployment; Improve access of workers in the informal and rural sector to education and skills training to boost productivity; Promote remunerative and income generating activities; Facilitate access for socially sensitive groups to the job market especially women, youth and persons with disabilities. 18

19 b) Under employment and average salary 51. More than 86% of the jobs created in Madagascar are non-wage earning. The percentage of wage earning jobs was 13.4% in The average annual salary is estimated at Ar per month. The average salary in the urban areas is double that in the rural areas, 1,296,000 Ar as opposed to 691,000. Salaries of women are significantly lower than that of their men folk: on average 750,000 Ar. for women and 1,147, 00Ar for men. Table 4: Average salary, unemployment and under-employment according to regions. Average annual salary Analamanga Unemployment rate Unemployment linked to the duration of work Inadequate employment Vakinakaratra Itasy Bongolava Mahatsiatra Ambony Amoron l Mania Vatovavy Fitovivany Ihorombe Atsimo Atsinanana Atsinanana Analanjirofo Alactra Mangoro Boeni Sofia Betsiboka Melaka Atsimo Andrefana Androy Anosy Menabe

20 Diana Sava , Source: INSTAT/DSMEPM Unemployment is a real problem within the Madagascar job market. In 2005, the unemployment rate linked to the duration of work was estimated at 25.2%, it was 24.6% for workers between 15 and 64 years of age. Women bear the brunt of this situation. c) Unemployment 53. The unemployment rate in Madagascar was estimated at 2.8% in Should we consider only individuals aged between 15 and 64 years, the unemployment rate would be 2.6%. According to table 6, the unemployment rate varies from one region to the next. Unemployment is also mainly an urban phenomenon. In the urban areas, it is 7.1% as opposed to a mere 1.7% in the rural areas. 54. Further, unemployment affects more women than men. The unemployment rate is 3.6% among women and 2.0% among men. The same situation prevails in all regions of the country. d. Poverty 55. Both rural and urban dwellers benefitted from the economic growth which occurred between 2004 and In this period the incidence of poverty dropped across the board from 72.1% to 68.7%. The impact is more significant in the rural areas than in the urban areas. As a matter of fact the incidence dropped by 1.70% in the urban areas and 3.8% in the rural areas. The incomes of the urban dwellers were less responsive to the rise as they are mainly salary earners whereas the rural population benefitted from the rise in consumer prices of foodstuffs. 56. In 2005, the incidence of poverty in Madagascar was 68.7%. Poverty is more acute in the rural areas than in the urban areas. In effect, the poverty rate in the urban area stands at 52.0% as opposed to 73.5% in the rural area. The regions situated on the eastern coast of the island are the hardest hit by this scourge. e. Health 57. As the Malagasy Government is aware of the importance of health in the development process, it has earmarked improved access to basic healthcare as its main objective especially for the poorest. 58. Overall, 120 activities have been conducted in the health sector with a 98 to 100.0% completion rate Only the most salient interventions will be highlighted in this report. In this vein, the following programmes were taken into consideration with the context of the 2005 objectives and achievements: 20

21 Improved access to sound health services; Promotion of maternal/child healthcare; Intensification of the fight against infectious diseases; and Fight against HIV/AIDS Improved access to sound healthcare. 59. For improved access to basic healthcare services, the outreach approach has been adopted to reach as large a segment of the population as possible throughout the country. The improvement is not only quantitative but more a qualitative improvement in the delivery of the attendant services. There are five objectives: Improve the health coverage of the population; Improve the hygiene and sanitation of health service; Boost the availability of and accessibility to essential medicines, blood and quality healthcare products; Improve the performance of the health system. Achievements 60. In a bid to improve the health coverage of the population, the 63 Primary health care centres (PHC) built and the existing 197 which were equipped and rehabilitated are the physical manifestation of the attainment of this objective with the relevant achievement rates revolving around 114.6% and 197.0%. In addition, basic technical and PHC products were provided as planned and 75.06% of the equipment and products meant for 30 PHC centres within the framework of the National General Policy (NGP) have been supplied. 61. The construction of health units at the Ambrohimiandra Teaching Hospital, HJRA Teaching Hospital, and 10 Health schools have contributed to the improvement of hygiene and sanitation in the health facilities. These activities have been fully implemented. 62. Regarding the availability of and access to essential medicines, an implementation protocol has been signed between the Ministry of Health and Family Planning and the Salama Central stores for the supply of drugs to the 111 District Health Centres (DHC), 2 Teaching hospitals, 19 Regional Referral Hospitals (RRH), 17 health care centres, District 2, 69 District 1 health care centres, and fourteen specialised centres. 63. Regarding the improvement of service delivery quality, and performance of the health system, 18 district health centres (at all levels) have been rehabilitated, and bio-medicinal equipment provided for ten district health centres levels 2 and 6, regional referral health centres and 1 district health centre level 1. Human resources have been beefed up both quantitatively and quantitatively. In effect, to increase the personnel, 511 doctors and 669 medical staff have been recruited, 152 officers attached to the administrative 21

22 services, and contracts signed with 43 dental surgeons. These activities have been 96.0% completed. Promotion of maternal and child health. 64. The well-being of the mother and child is of primary concern to all. For the mother the possibility of participating actively in development depends not only on her state of health but also on that of her child. Regarding health promotion four objectives have been identified: Objectives Boost vaccination cover; Strengthen school activities; Strengthen strategies for the integrated management of maternal illnesses; Promote safe motherhood. Achievements 65. Three activities have been fully implemented in a bid to improve vaccination cover i.e. supply of vaccines (doses) to district health centres, vaccination material (units) to 111 targeted district health centres, 164 cases of placid paralysis and 111 cases of measles have been notified. Apart from the strategies and progress in the 45 low coverage areas, cold chain coverage has been 67.0% and 92.0% completed respectively. Other activities such as the re launching of the Mass Vaccination Campaign (MVC) based on the 100 day Rapid Results Initiative, the FAV Polio and Tetanus eradication campaign have all been fully implemented. 66. In a bid to improve on school health activities, all 111 targeted district health centres have been supplied with petrol and spare parts to operate the cold chain. 67. Within the framework of the promotion of strategies for the Integrated Management of Childhood illnesses (IMCI), the National Health Policy for children was formulated and validated. At the regional level, 96 trainers were trained and 300 community nutrition programme sites reactivated in order to improve the nutritional status of children. Presently, 52 IMCI sites are functional. Intensification of the fight against contagious diseases. 68. In this part, 11 objectives have been defined with 18 activities implemented between 15% and 100%. 69. For the elimination of leprosy, the goal is 1 case for every 10,000 inhabitants. Active screening and free treatment in 28 district health centres have been fully implemented. 70. Regarding Malaria control, 2 out of 4 activities have been fully conducted, namely, I) the distribution of 900,000 impregnated bed nets and the re-dipping exercise in the regions of DIANA and SABA; and II) provision of the intermittent malaria treatment for 22

23 pregnant women. The impregnated bed nets are availed pregnant women and children under the age of 5 in 35 DHC of the stable zones and adjoining DHC. HIV/AIDS control 71. Even though the HIV/AIDS prevalence rate is still relatively low in Madagascar (1%), Government has expended considerable efforts to combat this scourge both through prevention and the treatment of patients. In 2005, 16,491,744 condoms were sold in the whole of the Island to stop the disease from spreading. Sensitisation and training have been conducted including: training of 172 trainers out of the expected 300, the production of 24 hour programmes and daily broadcasts. Training on medical care for 240 targeted AIDS worker while, in 2005, 80 people living with HIV AIDS were treated. f) Education Universal education (UE) 72. The Malagasy state subscribed to the Universal Education Plan formulated in Jomtien, Thailand, in 1990 and in Dakar, Senegal in In the case of Madagascar, the main objectives are: Basic education for all; 100% primary cycle completion rate; Reduction by 50% of the illiteracy rate. 73. The efforts of the government centre around three main parameters: Access: that is, increase in the enrolment capacity for all Malagasy children by 2015; Equity: ensuring sound quality assessment in both rural and urban settings to stem the dropout rate. Quality: improved education and teaching materials to reduce the school repeater rate to 8% and attain a 100% school completion rate by To attain these objectives, the Malagasy State has received an additional 1,000,000,000 US dollar loan within the framework of the Fast Track Initiative. 75. Legislative and regulatory reforms have been undertaken in the field of education. The Malagasy education system The education, non formal training, comprising all educational activities and training conducted outside the formal educational system. This includes nursery schooling, functional literacy, citizenship and civic education. Civic and moral education were reintroduced into the basic education school programme in

24 The Office for Mass and Civic Education, under the Ministry of Education was created in 2002 for continuous training and sensitisation of the population especially the school population on civics and citizenship. 77. Formal education and training cover basic, secondary education, technical and skills training, higher education and university training. 78. Basic nine-year training includes: Basic education in the first cycle organised in levels: o Nursery: first and second year o Elementary: one year o Fourth or fifth year in primary school. Second cycle basic education. o Observation class: 1 st and 2 nd year o Orientation class: 1 st and 2 nd year 79. Secondary education is three years (from form five to sixth form). 80. Technical and skills training (TST) which comprises technical and skills training colleges (TSC), technical and professional high schools and (TPHS) is the least developed area of education. In , only 3% of the total college and high school population attend TSTs. 81. There are 6 public universities, national schools, private higher education schools and facilities licensed by the State and a National Distance Learning Centre in Madagascar (CNTEMAD), within the higher education and universal schooling system. 3. Culture 82. The Government action plans revolve around the promotion of a cultural identity, among others: Promotion of a Malagasy intercultural dialogue during the annual United Nations day commemorations; Promotion of the national and regional cultural heritage; Establishment of the National culture office, the Arts and culture provincial centres, and the creation of arts and culture sections in Madagascar s embassies abroad. 83. Taking into account the importance of the cultural dimension of development, the Government has prepared and published books in Malagasy for use by the general public. These publications are aimed at highlighting the contribution of the different cultures and civilisations and mainstreaming the latter into school programmes. 24

25 4. Communication and religion 84. The right to information and communication as well as the freedom of religion are enshrined in the Constitution without distinction of any kind such as race, origin and sex. 85. Abolishment of censorship in 1991 ushered in the emergence of private radio stations, and the development of the written press. 86. In August 2004, 93 cultural associations from all religious denominations were in existence. F- SECURITY AND JUSTICE 87. The protection of citizens and their property is enshrined in the Constitution without distinction of any kind such as their race, origin or sex..., 88. The Constitution guarantees Gender equality before the law. 25

26 PART TWO Articles 2 and 3: The enjoyment of rights and freedoms- Equality and protection of all and sundry before the law. ARTICLE 2- Every individual shall be entitled to the enjoyment of the rights and freedoms recognised and guaranteed in the present Charter without distinction of any kind such as race, ethnic group, colour, sex, language, religion, political or any other opinion, national and social origin, fortune, birth or any status. ARTICLE 3: Every individual shall be equal before the law; Every individual shall be entitled to equal protection of the law. 89. Articles 2 and 3 relate to non discrimination, equality, and the protection of all and sundry before the law and will be dealt with together. 1. Constitutional Provisions 90. The Malagasy Constitution of September 1992 amended by constitutional laws no dated 08 April, 1998 and revised in April 2007 recognises the principle of non-discrimination especially in its articles 7 and Article 7 stipulates that the law is an expression of the common will. It shall be applicable to all, protect all, be binding on all or punish all. 92. Similarly, article 8 emphasizes that: Nationals shall be equal before the law and shall enjoy the same fundamental freedoms protected by the law without any distinctions of any kind based on sex, level of education, fortune, origin, race, religion or any other opinion. 93. Further, this very Constitution recognises: The International Charter on Human Rights; The Convention on women s rights; The Convention on the rights of the Child. The African Charter on Human and Peoples Rights. 94. Article 2 of the International Covenant on Civil and Political Rights confirms the above constitutional provisions. 95. Regarding article 3 of the Charter, the principles of equality before the law and prohibition of discrimination or favouritism on the grounds of one s sex, race, language, religion or political affiliation are enshrined in the Constitution. 96. Actually, article 8 above only goes to reinforce the above assertion. 26

27 II. - Legal Provisions a.- On the criminal plane 97. Any infringement of these constitutional provisions shall lead to the sanctions set forth in article 115 of the Criminal Code pertaining to Law no of 11 June 1982 as follows: Any individual who deliberately denies another individual the enjoyment of a right he/she is otherwise entitled to on the grounds of his colour, sex, family status, actual or purported affiliation or non affiliation with an ethnic group, nation, race or specific religion shall be liable to one month imprisonment and a fine ranging from 200,000 to 1,500,000 Ariary or any one of the two punishments. The above penalties shall be doubled where the deeds were perpetrated by a holder of public office or a citizen responsible for a public service Ministry in the course of dispatching his duties. In the cases described in the two preceding paragraphs, where the perpetrator proves that he was acting under the instructions of his supervisor in matters under the purview of the latter, and that he had to bow down to the supervisor s superiority, only the supervisors who gave the orders shall be liable to the stipulated punishment. The present article shall not be applicable to distinctions, exclusions, restrictions, or preferences established by the laws or regulations regarding persons of Madagascan or non Madagascan citizenship. b- On the civil plane 98. Recognition of the right of all parties to go before a court to defend ones rights is explicitly stipulated in article 1 of the Code of Civil Procedure: Any individual may go before a court for recognition or protection of his case, as the case may be. Equal access to employment in the public sector: 99. By virtue of Law n o dated 03 September 2003, order dated 30 April 1993 on the General Status of the Civil Servant was repealed. The significant innovations ushered in by this new statute are stipulated in articles 5 and 78: Article 5: For the application of this Status, there shall be no discrimination based on sex, religion, opinion, origin, birth, fortune, political belief, or membership of a union. Article 78: The Covenants and regional and international Charters on the Civil Service of which Madagascar is a signatory shall all be considered as an integral part of the present Status. Equal access to employment in the private sector: 100. The Labour Act governing the private sector is currently being reviewed with the same tendencies to combat discriminatory practices of all forms Despite the legal strides accomplished, there are still a number of customary practices which militate against the elimination of all forms of discrimination against women. 27

28 102. Women are marginalised due to their: Illiteracy and lack of education; Their status vis a vis the mores exiting in certain communities; Their matrimonial status and especially the stigma attached to single or barren women in certain societies. The position of families with regard to tradition on heritage, the poverty of women in the rural areas These factors explain the low participation of women in public life and public discourse, generally. III- Administrative Measures. a. Measures taken by the State to respect the notion of equality before the law Presently, in terms of gender, the government and parliamentarians have launched sensitisation and awareness creation activities to convince the population to adopt behaviours which are conducive to a just and equitable treatment in a bid to conform with article 3 of the International Covenant on Civil and Political Rights.: State parties to the present Covenant undertake to ensure the equal right of men and women to the enjoyment of all civil and political rights set forth in the present Covenant The Ministry of Justice through its Legal literacy programme organises radio and television programmes and workshops to inform citizens of their rights: Weekly programmes on the Malagasy Radio airwaves with nationwide coverage; Vulgarisation programmes by jurisdictions on local radio stations; Bi- annual television programmes on Malagasy Television In addition, open days were organised in Antananarivo (December 2005) and Mahajanga (May 2006), Toamasina (September 2006) for sensitisation purposes In a bid to foster this equality of all before the law, the Malagasy government has established five Appeal Courts in the county seats of former Farianty and the sixth is under construction at Ansiranana With the Magistrate and Clerks school (ENMG), Madagascar has been able to augment the number of Magistrates by 25 each year and as of 2006 the intake will be doubled Further, educational films have been produced by the Research Department at the Ministry of Justice to sensitise the citizens of their rights and responsibilities The Antananarivo Bench Association with the support of the European Union has set up a kiosk to advise justifiables. Other regions shall soon be equipped with these kiosks Article 105 of the Labour Code (Law n o dated 228 July, 2008) stipulates that there shall be no discrimination in terms of work and employment between able bodied persons and persons with disabilities having the same capacity and competence as a result of the latter s disability. Persons with disabilities shall be entitled to work, employment, apprenticeship, and skills training and employment on an equal footing and for equal pay as their peers. 28