III.
AREAS OF CONCERN AND RECOMMENDATIONS
A. General measures of implementation
4. While commending the establishment of the National Human Rights Institution, the
Committee notes that it does not have any specific division for children. The
Committee recommends that the State Party strengthens the National Human Rights
Institution by forming a special division for children; providing technical and financial
support as well as by maintaining its independence.
5. With regard to statistical data, the Committee is concerned that the State Party
report presents contradictory statistics; for instance the data provided by ENSOMD
and Ministry of Water shows significant disparity. The Committee therefore
recommends for the State Party to collect and analyse recent and updated statistics
in all sectors in collaboration with non-governmental organizations and civil societies
to ensure that the statistics is consistent and reliable.
6. The State Party report indicates that the Government of Madagascar translated and
distributed various international instruments including the Convention on the Rights
of the Child. However, the report is silent about the African Charter on the Rights
and Welfare of the Child. The Committee calls upon the State Party to disseminate
the African Children’s Charter and raise awareness about the provisions among
children, parents, the society and all stakeholders.
B. Definition of a child
7. The Committee commends the State Party for providing definition of the child
consistent with the African Children’s Charter and for adopting Act No 2007-022 of
20 August 2007 which sets the minimum age of marriage at 18 years. Nevertheless,
the Committee notes with concern that children below the age of 18 years may be
allowed to get married for reasons such as pregnancy, provided that they consent to
the marriage and the President of the First Instance Court authorises such marriage.
The Committee however is of the view that a child is not in a position to consent for
marriage in any case and providing otherwise renders the fundamental principles of
African Children’s Charter futile. Therefore, the Committee urges the State Party to
remove this exception and proscribe marriage below the age of 18 years with no
exception in accordance with Article 21 of the African Children’s Charter.
C. General principles
Non-discrimination
8. The Committee welcomes the measures taken by the Government of Madagascar to
ensure non-discrimination in the education and health sector. However, there are
indications that children with disabilities are stigmatized even by their parents; and
that girls face discrimination on education, recreational activities, and leisure as a
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