NEWSLETTER

Office of the United Nations

Resident Coordinator
United Nations Country Team

OHCHR MADAGASCAR

5th Edition - December 2015

HUMAN RIGHTS, SECURITY AND DEVELOPMENT

ARE CONSUBSTANTIALLY LINKED
This new edition of the monthly Newsletter is produced in a very specific and complex context after the
recent political impasse between the Parliament and the President and the publication of the results of the
long-awaited municipal elections , on the eve of the second ordinary session of the National Assembly
as well as amid growing protests and criticisms from national and international human rights NGOs over
the controversial and ongoing Fahalemana operation 2015 to eradicated insecurity and the Dahalos
( zebu raiders) phenomenon in the South.
Officially, the Fahalemana operation is composed of more than 1000 soldiers all drawn from the army.
Equipment and arms used by the Fahalemana operation included helicopters. From a human rights perspective, this robust deployment of soldiers with no expertise and experience in maintaining order; and
specifically trained to defend the territory is a matter of deep concern. I would like to draw government
attention on the importance of upholding human rights standards and principles principally the principles
of distinction, proportionality, humanity and legality in conducting security operations on the ground.
The UNCT continues to believe that only an holistic approach to the fight against insecurity will ensure
a sustainable peace, stability and development in the south. I am absolutely convinced that the outcomes
of the unprecedented October 2015 national seminar on security sector reform (SSR) will help enhance government engagement in mainstreaming and
protecting human rights in the context of insecurity, build confidence between citizens and security and defences forces, and strengthen reconciliation
amongst elements of the police, the gendarmerie and the army. In this regard, the SSR has been identified by the government as one of its 3 top priorities within the framework of the UN Peace Building Fund. The UN will continue to support Madagascar in implementing this critical priority, essential in the achievement of the Sustainable Development Goals.
On the other hand, I would like to commend the very productive partnership between the parliament and the UNCT that resulted in, inter alia, the
official inauguration of the human rights and good governance wing of the documentation centre of the parliament, and in the hand-over of 400 copies
of two handbooks on parliamentarians, human rights, gender and budget and on the role, functions and duties of the parliamentarians as well as
the donation of 200 books on international human rights law and international humanitarian law. The human rights and good governance wing of the
parliament will increase the effectiveness of the legislature through adequate information and knowledge. The UNCT has also supported the creation
of two human rights and peace resources centres within the University of Antananarivo and at the national gendarmerie. These human rights and peace
resources centres have been operational since 11 September 2015.
I would like to indicate that the October-December 2015 second ordinary session of the National Assembly, is a wonderful opportunity for the government to speed up its efforts towards the strengthening of the national human rights protection system by tabling a number of key drafts laws including
the communication code, the nationality code, the law against torture as well as the drafts laws authorizing the ratification of the Second optional
protocol to the international covenant on civil and political rights aiming at the abolition of death penalty, on SADC protocol on gender and development, the Maputo Protocol on women rights in Africa, the Ouagadougou Protocol on the African court of human rights and justice, the African charter
on democracy, governance and elections, the 28 September 1954 convention relating the status of stateless persons as well as the 30 August 1961
convention on the reduction of statelessness.

Fatma Samoura
UN Resident Coordinator

Office of the United Nations

Resident Coordinator
United Nations Country Team

HEADLINES

Strengthening the effectiveness of international human rights mechanisms.

p.3

Human Rights Resources Centers are operational.

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Recommandations issues du Comit sur lElimination de toutes formes de Discrimination

lEgard des Femmes (CEDEF), November 2015.
National symposium on gender and development.

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Implementing the Human Rights up Front initiative.

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Madagascars 6th and 7th reports presented to the Committee on Women Rights.

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Promoting gender equality and women rights.

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Focus on the Independent National Human Rights Commission.

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Enhancing Parliamentarians Human rights expertise.

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OHCHR and OIF commit to strengthening their partnership on Human Rights promotion and
protection ahead of the upcoming OIF Summit in Antananarivo in November.

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Human Rights Field Presences in Southern Africa Region met for their annual retreat.

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17 lawyers trained on using and upholding use of International human rights

principles and norms in court proceedings and decisions.

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Update on Human Rights and Business.

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2015 - A pivot year in the fight against Trafficking in Persons in Madagascar

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(Op-Ed by Daniel Silva y Poveda ).

10 DECEMBER

KEY DATES
FOR
MADAGASCAR

Office of the United Nations

Resident Coordinator
United Nations Country Team
STRENGTHENING THE EFFECTIVENESS OF INTERNATIONAL HUMAN RIGHTS
MECHANISMS
In Antananarivo, on 22 September, the implementation and operationalization plan of recommendations issued by international and regional human rights mechanisms was validated during an official ceremony organized jointly by the Office of
the Prime Minister and the UNCT. The ceremony was co-chaired by the Minister of State in charge of Equipment and regional development representing the Prime Minister head of the government and the UNRC ad interim, in the presence of
more than 70 persons including the Ministers of Justice, Communication, Mining, the Secretaries generals of the Ministries
of Education, Health, Economy and Planning, Defense, Interior and Decentralization, Water, Culture, Security, Population,
Social Protection and Women Protection as well as the Diplomatic Corps, Technical and Financial Partners, UNCT and
Civil Society Organizations.

The plan is The members of the Malagasy Government, the members of the Diplomatic corps, the United Nations System Representatives and the the culmination
members of the Inter-ministerial Committee in charge of drafting State reports .
of intensive
training, sensitizations,
and advocacy
activities as well as clusterization and prioritization exercises conducted by OHCHR with the financial support of UNDP
since December 2014. It can be recalled that in Geneva, on 19 March 2015, the Malagasy UPR report had been adopted
during the 28th session of the UN Human Rights Council. Madagascar had supported 159 and noted 1 recommendation
(the ratification of the third optional protocol to the convention on the rights of the child allowing the Committee on the
rights of the child to receive complaints from individuals or groups of individuals against states that have ratified the instrument) out of 160 recommendations made. The validated plan which includes recommendations issued by UPR, Treaty
Bodies and Special Procedures (The special rapporteurs on rights to
food, on contemporary forms of slavery and on the sale of children
had visited Madagascar in 2011, 2012 and 2013 respectively), is a
powerful tool to strengthen dialogue and engagement on human
rights issues in the context of the implementation of the UNSGs Human Rights up Front initiative.
During the ceremony, the representative of the Prime Minister
reaffirmed government s commitment to implementing the plan and
subsequently announced that the mandate of the current Inter- ministerial Committee in charge of drafting state reports was extended to
allow it to monitor the implementation of recommendations issued by
UN and regional human rights mechanisms. The UNCT and the technical and financial partners welcomed the plan and reiterated their determination and engagement on supporting Madagascar in implementing it.
3

Mr. Willem VAN MILINK

World Food Programme Representative , United Nations
System Resident Coordinator a.i.

Office of the United Nations

Resident Coordinator
United Nations Country Team
HUMAN RIGHTS RESOURCES CENTERS ARE
OPERATIONAL
On 9 September at the auditorium of the National Assembly,
OHCHR, on behalf of the RC/UNCT, co-chaired with the President of the National Assembly, the official inauguration of the
human rights and good governance wing of the documentation
centre of the parliament. The official ceremony featured participation from members of the standing Bureau of the parliament,
MPs, UN agencies representatives, technical and financial partners and representatives of the diplomatic corps as well as the
academia.
Over the past months, the UNCT via UNDP and OHCHR have
intensified sensitization, advocacy and training activities for the
benefit of the parliament, in the area of governance, democracy,
human rights, gender and rule of law.
The hand-over of 400 copies of two handbooks on
parliamentarians, human rights, gender and budget and on the
role, functions and duties of the parliamentarians as well as the
donation of 200 books on international human rights law and
international humanitarian
law
will substantially
enhance the capacity of the parliament in promoting and protecting
human
rights,
good governance,
gender and rule
of law. The human rights and good governance wing of the parliament will increase the effectiveness of the legislature through
adequate information and knowledge. In the context of the digital age and opportunities, the UNCT
is committed to providing technical support in connecting the documentation center of the parliament
to other international resources centers.
During the hand-over ceremony, the representative of the RC/UNCT indicated that the effectiveness, credibility and legitimacy of democratic or
constitutional institutions principally the parliament
to a large extent depended on the integrity, humility, independence, patriotism, respect for human
rights and gender, accountability and professionalism of their members. In the context of the current political and institutional impasse in Madagascar, he subsequently called upon the parliamentarians to uphold and apply these core values and
principles in their legislative activity. The president of the National Assembly reiterated parliaments commitment to promoting
and protecting good governance, rule of law and human rights,
and to ensuring that these documents and handbooks will be
regularly used by the MPs to strengthen their legislative capacities.
4

(from left to right) Mr. Omer KALAMEU, Human Rights Adviser, Mr. Jean Max
RAKOTOMAMONJY, President of the National Assembly.

OHCHR also signed Memorandum of Understanding (MOUs) on

behalf of UNCT, respectively with the Secretary of State in
charge of the national Gendarmerie and the General Commander of the Military Academy (ACMIL) on the
integration of human rights modules into the curricula of the gendarmerie and military academies as
well as with the Faculty of Law of the University of
Antananarivo on the reinforcement of Human Rights
modules into the curricula of the Faculty as well as
on the establishment of a Human Rights resources
center. In partnership with ROSA, the official inauguration of the Human Rights resources center took
place on 11 September 2015 in the presence of the
President of the High Constitutional Court , the President of the
University of Antananarivo, the Dean of the Faculty of Law, lecturers, students,
representatives
from civil society
organizations as
well as the UN
Country Team. At
the end of the
ceremony, more
than two hundred
books on human
rights,
international humanitarian
law
were
handed over to
the head of the
law department.
(from left to the right) Mr. Ramarolanto-RATIARAY , head of the Faculty of Law, Mr. Jean Eric RAKOTOARISOA, President of the High
Constitutional Court, Mr. Omer KALAMEU, Human Rights Adviser, Mr.
Panja RAMANOELINA, President of the University of Antananarivo,

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Recommandations issues du Comit sur lElimination de toutes formes de

Discrimination lEgard des Femmes (CEDEF), Novembre 2015
Parliament
7.
The Committee stresses the crucial role of the legislative power in ensuring the full implementation of the Convention (see
the statement by the Committee on its relationship with parliamentarians, adopted at the forty-fifth session, in 2010). It invites the
Parliament, in line with its mandate, to take necessary steps regarding the implementation of the present concluding observations
between now and the next reporting period under the Convention.
General Context
8.
The Committee notes that the period of political and institutional crisis in the State party prevented the implementation of most of
its previous recommendations. The Committee welcomes the efforts by the State party to strengthen the rule of law. The Committee is
concerned however, that corruption, weak governance, insufficient integration of gender equality in the process of consolidation, and wide
-spread poverty constitute serious obstacles to the full enjoyment of womens rights in the State party.
9.
In light of the importance of the respect for and enjoyment of their human rights by all women and girls in the ongoing
reconciliation and institution-building processes and the return to constitutional order, the Committee recommends that the State
party:
(a)
Prioritize gender equality and ensure womens participation in its current transition to constitutional order and the normalization of relations with its principal partners;
(b)
Strengthen the protection of womens rights including through the reinforcement of the rule of law and the fight against
corruption and impunity jeopardising democracy;
(c)
Reinforce the fight against corruption within the judiciary, the police and other public institutions, including through
proper investigations and prosecution of perpetrators;
(d)
Ensure that the Independent National Commission of Human Rights has a strong mandate to advance womens human
rights and promote equality between women and men, including addressing multiple discrimination and bringing legal cases before the courts, and that it has sufficient resources to carry out its work;
(e)
Integrate the recommendations contained in the present concluding observations into its operationalization plan for the
implementation of recommendations emanating from human rights mechanisms, with a clear timetable and ranking criteria, and
as a matter of priority, ratify the Optional Protocol to the Convention on the Elimination of Discrimination against Women as
already announced during the Universal Periodic Review (A/HRC/14/13, para. 72.4); and
(f)
Continue cooperation with non-governmental and community-based organizations, in particular womens organizations
to ensure the full implementation of the State partys obligations under the Convention.
Definition of equality and non-discrimination
10.
The Committee welcomes that the State partys Constitution enshrines the principle of equality of women and men. However, it
regrets that the State party does not apply the definition of equality provided in article 1 of the Convention, even though its Constitution
guarantees the integration of ratified international treaties into the legal order from the moment of their publication, as well as the superior
authority of treaties to that of national laws. It is concerned about the persistence of discriminatory provisions in a number of laws such as
the Law on Nationality, the Inheritance Law and the Law on Marriage. The Committee is also concerned about the absence of a clear time
frame for the adoption of pending bills that impact the enjoyment of womens rights, including on gender equality, violence against
women, nationality, proportional gender representation in decision-making bodies, and family planning.

11.

The Committee recommends that the State party:

(a)
Make use of the definition of discrimination against women, encompassing both direct and indirect discrimination in the
public and private spheres, contained in article 1 of the Convention;
(b)
Repeal all discriminatory provisions, including those contained in the Law on Nationality, the Inheritance Law, and the
Law on Marriage;

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(c) Speedily adopt the pending bills that impact the enjoyment of womens rights mentioned in paragraph 10 above;
(d) Ensure the effective enforcement of existing legislation aimed at eliminating discrimination against women; and
(e) Develop and implement capacity-building programmes for judges, prosecutors and lawyers on womens human rights, including on the Convention.
Access to Justice
12. The Committee notes that the State party intends to strengthen and increase the number of legal clinics. However, it notes with concern the persistence of many barriers to womens access to justice, particularly in cases of divorce and gender-based violence, such as
womens legal illiteracy, the lack of awareness in the State party of womens rights and relevant domestic legislation and gender stereotyping, including among law enforcement personnel, and traditional chiefs, the subjection of women to customary and traditional legal
systems, corruption within the judiciary, the unavailability of courts in rural areas, legal fees, and the cost of medical certificates borne
by victims of violence.
13. Recalling its general recommendation No. 33 (2015) on womens access to justice, the Committee recommends that the State
party:
(a) Strengthen and increase the number of legal aid clinics, enhance their availability and quality in all provinces, and ensure
appropriate resources for their operation and for the free provision of effective legal aid before all courts;
(b) Enhance womens awareness of their human rights and implement legal literacy programmes to empower women to claim
their rights under the Convention;
(c) Remove obstacles faced by women victims of violence in gaining access to justice including through an exemption from fees
for medical certificates;
(d) Develop and implement gender-sensitive capacity-building programmes for judges, prosecutors, lawyers, the police and for
legal practitioners providing legal aid;
(e) Allow womens organizations with qualified legal expertise to prosecute cases on behalf of women victims; and
(f) Extend current plans for data collection concerning violations of womens rights of in criminal cases to cover civil case as
well.
National machinery for the advancement of women
14. The Committee is concerned about the coordination between the National Development Plan, the National Policy for the Advancement of Women and the National Plan on Gender Development (PANAGED) as well as about the delays in updating the latter two and
in adopting the national plan of action for the implementation of Security Council resolution 1325 (2000) on women, peace and security.
The Committee is also concerned about the lack of information on the role of the Ministry of Population in its capacity as National machinery for the advancement of women to coordinate activities under the National Development Plan with efforts for the advancement of
women to ensure gender mainstreaming throughout the government departments of the State party.
15. The Committee recommends that the State party:
(a) Allocate appropriate human, technical and financial resources for the effective functioning of the national machinery for the
advancement of women;
(b) Renew and effectively implement the National Gender Policy and its plan of action;
(c) Adopt and validate the national plan of action for the implementation of Security Council resolution 1325 (2000) on women,
peace and security; and

(d)
Give the Ministry of Population the competence to coordinate policies on gender mainstreaming and, particularly, activities under the National Gender Policy and the National Development Plan.
Temporary special measures
16.
The Committee reiterates its concern about the absence of temporary special measures aimed at accelerating substantive equality of women and men (CEDAW/C/MDG/CO/5, para. 14) in all areas where women are underrepresented or disadvantaged in the State party.
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17. The Committee calls upon the State party to adopt and implement temporary special measures to increase the representation
of women in governance and other sectors, in accordance with article 4, paragraph 1 of the Convention, and in line with the
Committee's general recommendation No. 25 (2004) on temporary special measures, such as targets and incentives, outreach
and support programmes, quotas and other proactive and results-oriented measures, as well as to ensure special budget allocations for measures in the field of education, health, economic and social development, and in all areas covered by the Convention
where women are underrepresented or disadvantaged.
Stereotypes and harmful practices
18. The Committee reiterates its concern at the persistence of discriminatory stereotypes concerning the roles and responsibilities of
women and men in society and in the family, such as the concept of the head of the household assigning this role to men and perpetuation of the fathers name and estate through male heirs. The Committee notes efforts undertaken under guidance of the Ministry of
Justice with various stakeholders, the signing of roadmaps and the drafting of plans of action to address some harmful practices. However, the Committee is deeply concerned about the persistence of harmful practices such as child and/or forced marriage, sale of wives,
girl markets and moletry (bride price), and polygamy (CEDAW/C/MDG/CO/5, para. 16).
19. In accordance with Joint General Recommendation No. 31 of the Committee/General Comment No. 18 of the Committee on
the Rights of the Child on harmful practices (2014), the Committee recommends the State party to:
(a) Put in place a comprehensive national strategy with proactive and sustained measures targeted at women and men at all levels of society, including traditional leaders, to combat discriminatory stereotypes such as the concept of the head of the household and perpetuation of the fathers name and estate and harmful practices, in particular child and/or forced marriage, sale
of wives, girl markets and moletry (bride price), and polygamy;
(b) Make effective use of the Criminal code and the Anti-Trafficking Law to punish all harmful practices;
(c) Design and implement, in collaboration with civil society, public education programmes, in particular in rural and isolated
areas to develop understanding of womens equality with men to enhance positive and non-stereotypical portrayals of women;
and
(d) Establish a mechanism to monitor and assess the implementation of the measures adopted to overcome gender stereotypes.
Violence against women
20. The Committee is concerned that:
(a) There is no legislation specifically criminalizing violence against women, in particular child and/or forced marriage, and marital
rape, and that there is no comprehensive policy framework to address such violence;
(b)
Gender-based violence against women in the domestic sphere is not considered by courts in child custody or visitations decisions, thus forcing women to continue facing their abusers and risking further exposure of children to violence;
(c) Domestic and sexual violence appear to be socially legitimized and accompanied by a culture of silence and impunity;
(d) Cases of violence against women continue to be underreported, due to an apparent lack of trust in the judicial institutions (CEDAW/
C/MDG/CO/5, para. 18), and that the frequent resort to conciliation in cases of violence against women may be detrimental to women
due to the prevailing gender bias in society; and
(e) There is a lack of data on the crimes investigated, prosecuted and sanctioned as well as the reparation offered to the victims by the
police and before the courts.
21. The Committee calls upon the State party to:
(a) Adopt legislation to criminalize all acts of violence against women, specifically criminalizing domestic violence, including
marital rape, child and/or forced marriage, and all forms of sexual abuse, and formulate a comprehensive strategy to ensure the
implementation of legislation;
(b) Adopt and implement legislation requiring that gender-based violence against women in the domestic sphere be taken into
account in child custody proceedings or visitation decisions, and sensitize the judiciary on the relationship between that kind of
violence and the development of the child;

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(c) Ensure that women and girls who are victims of violence have access to effective redress, including compensation, and protection, and that perpetrators are prosecuted and adequately punished;
(d) Guarantee resources for finalizing and implementing the national strategy to combat gender-based violence;
(e) Provide adequate assistance and protection to women victims of violence by establishing shelters and providing counselling
and rehabilitation to victims of violence, especially in rural areas, and through coordination of interventions and of support services and cooperation with non-governmental organizations and international partners;
(f) Continue to raise public awareness, through the media and educational programmes and implement mandatory capacitybuilding programmes for law enforcement officials, health-service providers, teachers and traditional chiefs on gender-sensitive
support to victims, and ensure that victims are de-stigmatized and encouraged to report incidents of domestic and sexual violence
against women; and
(g) Collect statistical data on violence against women disaggregated by age, nationality and relationship between victim and perpetrator, and undertake studies and/or surveys on the extent of violence against women and its root causes.
Trafficking and exploitation of prostitution
22. The Committee welcomes efforts undertaken by the State party, in collaboration with civil society and the international community,
to combat trafficking and exploitation of prostitution and to establish an electronic database with the countries of the Southern African
Development Community. It also welcomes the creation of the National Bureau to Combat Human Trafficking (the Bureau). The Committee, however, is concerned that the Bureau is not yet operational and lacks resources. It reiterates its concern at the prevalence of sex
tourism in the State party and the lack of information on efforts to prevent the exploitation of prostitution and to address its root causes as
well as the lack of disaggregated statistical data on trafficking and exploitation of prostitution.
23. The Committee calls upon the State party:
(a) Ensure sufficient human, technical and financial resources for the effective implementation of Law No. 2014-040 to combat
human trafficking, its National Plan of Action and the national database on trafficking and ensure the speedy functioning of the
Bureau;
(b) Continue its efforts to ensure international, regional and bilateral cooperation with countries of origin, transit and destination to prevent trafficking through information exchange and to harmonize legal procedures aiming at prosecution of traffickers;
(c) Provide ongoing capacity-building programmes for law enforcement officials on the identification of and assistance to victims;
(d) Carry out nationwide education and awareness-raising campaigns about the risks and criminal nature of trafficking; and
(e) Address the root causes of trafficking and exploitation of women, including poverty, in order to eliminate the vulnerability of
girls and women to sexual exploitation and trafficking, and strive to ensure the recovery and social integration of victims, by
providing them with adequate assistance, rehabilitation and shelters (CEDAW/C/MDG/CO/5, para. 21).
Participation in political and public life
24. The Committee remains concerned at the low representation of women in decision-making positions, in particular in the diplomatic service (0% ambassadors) and in other international organizations as well as at the community level (0% regional heads, 5% elected mayors,
2.6% heads of Fokontany). It is particularly concerned that past efforts to introduce measures, including temporary special measures, to remedy the unequal participation of women in political and public life have not succeeded before the National Assembly.
25. The Committee recommends that the State party:
(a) Amend its Electoral Law so as to introduce statutory quotas with sanctions for non-compliance, for increased womens representation in political and public life, in particular at the community and national levels and ensure an open and transparent process for
the nomination of candidates to represent the State party in international organizations;
(b) Implement the Gender and elections national strategy to promote and empower women at all levels of political and public life,
in particular in decision-making positions, including in the planning, implementation, monitoring and evaluation of development
policies and community projects and introduce measures, including temporary special measures, in accordance with arti-

cle 4, paragraph 1, and the Committees general recommendations No. 23 (1997) on women in political and public life
and No. 25 (2004) on temporary special measures;
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(c) Build capacity of politicians, journalists, teachers and community chiefs on gender equality, to enhance their understanding
that full, free and democratic participation of women on an equal basis with men in political and public life is a requirement for
the full implementation of the Convention and the economic and social development of the State party; and
(d) Provide capacity building programmes for potential women candidates on political campaigning and leadership skills to increase their interest in participating in elections as candidates.
Nationality
26. The Committee reiterates its concern (CEDAW/C/MDG/CO/5, para. 24) that the current nationality legislation discriminates against
Malagasy women, who cannot transmit their nationality to their foreign or stateless spouse and to their children on an equal basis with
men. The Committee notes the efforts made by the State party to increase birth registrations but is concerned that 20% of births remain
unregistered, increasing the risk of statelessness, and about the difficulties faced by women to ensure registration of their children.
27. The Committee recommends that the State party:
(a) Amend its nationality law to enable Malagasy women to transmit their nationality to their foreign or stateless spouse and to
their children on an equal basis with men, in accordance with article 9 of the Convention (CEDAW/C/MDG/CO/5, para. 25);
(b) Ensure the retroactive application of the law to ensure that all the persons presently stateless due to the discriminatory law
are granted nationality; and
(c) Facilitate birth registration of all children by allocating adequate resources to registration centres, providing mobile registration services, and by reducing the fees and simplifying the birth registration procedure.
Education
28. The Committee notes the efforts of the State party to increase participation of girls and women in education. The Committee is, however, concerned that from the primary level, the enrolment and completion rates of girls are lower than of boys, and that girls are often
victims of sexual abuse and harassment on the way to/from or at school. It is also concerned about the high dropout rate among girls due
to early pregnancy, extreme poverty and child labour of girls (CEDAW/C/MDG/CO/5, para. 26) and the practice of expelling pregnant
girls from school and refusal to reintegrate them after delivery. The Committee further notes with concern the lack of age-appropriate
information, at all levels of education, on sexual and reproductive health and rights that adopts a gender perspective.
29. The Committee calls on the State party to:
(a) Improve provision of basic education for girls, particularly in rural and remote areas with special attention to the provision
of adequate sanitary facilities and clean water, especially in schools catering to adolescent females;
(b) Strengthen awareness-raising programmes for parents and the wider community on the importance of education for girls
life choices and career options;
(c) Ensure that girls are not expelled from school on account of pregnancy and that they are reintegrated after giving birth;
(d) Provide safe educational environments free from discrimination and sexual violence, including in and around school settings;
(e) Establish reporting and accountability mechanisms to ensure that teachers and peer students who sexually abuse or harass
girls at school are adequately punished; and

(f) Integrate age-appropriate education on sexual and reproductive health and rights in school curricula, including
education on responsible sexual behaviour, sexually transmitted diseases and on the right of women to make their
own choices with regard to reproductive and sexual health, and train teachers to address such topics in a gendersensitive manner.
Employment
30. The Committee welcomes the detailed legal framework for workers employed in the formal sector but notes with concern
discriminatory practices of employers against pregnant women, the high rate of unemployment among women and strong vertical and horizontal segregation in the labour market, as well as lack of implementation of laws, including on equal pay, evidenced by the persistence of wage gaps between women and men in both public and private sectors. The Committee reiterates
its concern about the high proportion of women in the informal sector where they face persistent poverty and are not covered by

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social protection. The Committee is also concerned about the precarious situation of women and girls in domestic work in private households.
31. The Committee recommends that the State party:
(a) Integrate a gender perspective in the National Development Plan, particularly through the integration of measures to combat
discrimination against women in employment and to ensure that women benefit from job creation and entrepreneurship schemes;
(b) Further strengthen the capacities of labour inspectors to monitor workplaces, including in private households and to enforce
labour standards through adequate sanctions, when applicable, and use their findings for policy review and development of best
practices;
(c) Take measures to close the existing wage gap between women and men and implementing equality (equal pay for work of equal
value), in line with the Committees General Recommendation No. 13 (1989); and
(d) Adopt a regulatory framework for the informal sector, to ensure that women in that sector have access to social protection and
benefits (CEDAW/C/MDG/CO/5, para. 29).
Sexual harassment in the workplace
32. The Committee notes with concern that the current legislation in the State party does not seem clear and may not adequately protect
women against sexual harassment in the workplace. It also notes with concern the lack of statistical data on and the difficulties faced by
women to prove sexual harassment in the workplace.
33. The Committee recommends that the State party:
(a) Amend and clarify its legislation to broadly define sexual harassment in the workplace, ease the burden of proof for victims, and
provide victims with effective redress, including compensation;
(b) Widely disseminate information on the procedures for reporting cases of sexual harassment in the workplace;
(c) Conduct regular labour inspections aimed at enforcing labour laws and codes of conduct on sexual harassment; and
(d) Collect statistical data on the extent of sex-based discrimination and sexual harassment in the workplace and conduct studies to
improve the effectiveness of the legislation.
Women domestic workers
34. The Committee is concerned at the precarious working conditions of women domestic workers, including women migrant workers
abroad, and their heightened risk of abuse and trafficking for sexual and labour exploitation. The Committee is also concerned that women
and girls migrating abroad are often victimized by fraudulent recruitment agencies and brokers and face barriers in filing complaints and
accessing justice.
35. The Committee recommends that the State party:
(a) Ratify ILO Convention No. 189 (2011) on decent work for Domestic Workers;
(b) Ensure that women domestic workers, including women migrant workers have access to social protection and other employmentrelated benefits;
(c) Effectively regulate and monitor the practices of recruitment agencies, to prevent women migrant workers from abuse and exploitation;
(d) Raise awareness of women and girls, in particular rural women and girls, on the risks that they may face on their migration
journey and on the remedies available to complain about violations of their human rights; and
(e) Address the root causes of womens migration through alternatives such as the creation of conditions for sustainable livelihoods and income generating opportunities.
Health
36. The Committee reiterates its concern about the limited access to adequate health-care services, including sexual and reproductive health
services, the persistence of teenage pregnancies, the high and almost unchanged infant and maternal mortality rates, especially among young

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HIGHLIGHTS

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United Nations Country Team

women and girls, which are due mostly to pregnancy or childbirth-related complications as well as unsafe abortions. The Committee is concerned that medical fees and costs for treatment or medication continue to limit the majority of womens access to health care. The Committee notes the intention of the State party to lower the level of sanctions for abortion and consider introducing further grounds for which abortion could be legal. The Committee is, however, concerned about the high prevalence of abortion, the restrictive laws governing abortion and
the ensuing high rate of health complications among women and girls.
37. The Committee reiterates its previous recommendation (CEDAW/C/MDG/CO/5, para. 31) and calls on the State party to:
(a) Reduce maternal mortality by improving access to basic pre- and ante-natal care, emergency obstetric care and ensuring the
presence of skilled birth attendants at birth, particularly in rural areas, taking into consideration the Technical Guidance of the Office of the United Nations High Commissioner on Human Rights on the application of a human rights-based approach to the implementation of policies and programmes to reduce preventable maternal morbidity and mortality (A/HRC/21/22 and corr. 1 and 2);
(b) Increase the access of women and girls to basic health care services giving priority to rural areas and ensure sufficient resources
to promote and protect womens health;
(c) Adopt measures to prevent teenage pregnancies and increase access of women and girls to sexual and reproductive health services, affordable modern contraceptives and family planning services, including in rural areas;
(d) Legalize abortion, at least in cases when pregnancy is harmful to the mothers health and in instances of incest, rape and severe
foetal impairment and remove punitive measures for women who undergo abortion;
(e) Mandate, support and finance research and data collection on the scope, causes and consequences of unsafe, illegal abortion and
its impact on girls and womens health and life, to obtain evidence-based elements to support the extension of the grounds for legalization of abortion;
(f) Address the negative influence of customary, traditional or religious considerations that may be invoked to stigmatize women
and hamper their exercise of their sexual and reproductive health rights; and
(g) Improve womens access to quality post-abortion care, especially in cases of complications resulting from unsafe abortions, in
line with the Committees general recommendation No. 24 (1999) on women and health.
HIV/AIDS
38. The Committee notes the State partys measures to provide early diagnosis and care to pregnant girls and women living with HIV/AIDS.
The Committee is, however, concerned about the absence of a general policy of equal access to preventive care and treatment for all women
living with HIV/AIDS and of a strategy to promote age-appropriate education on reproductive and sexual health for young persons. It is also
concerned at the persistence of stigma and discrimination against women living with HIV/AIDS, including pregnant women, and the fact that
mens role as active transmitters of HIV is rarely addressed.
39. The Committee recommends that the State party ensure equal access for men and women to HIV/AIDS treatment and prevention, including prevention of mother-to-child transmission of HIV/AIDS. It recommends that the State party develop ageappropriate educational programmes targeting the youth, on reproductive and sexual health and rights, including responsible sexual
behaviours. The Committee also recommends that the State party combat persistent stigma and discrimination against women living
with HIV/AIDS and raise awareness among men, including those with risky sexual behaviours and those living with HIV, on their
role in reducing transmission of HIV to their sexual partners.
Economic empowerment of women
40. The Committee is concerned that the majority of women, particularly in rural areas, have limited or no access to training opportunities,
financial credit and loans, as well as steady income, pension and social security schemes, in the State party. It is concerned that single women
heads of households, in particular in rural areas, are more at risk of poverty.
41. The Committee recommends that the State party:
(a) Repeal all legislation that discriminates against womens economic empowerment;
(b) Adopt measures to ensure equal access for women and men to training opportunities, such as vocational training and financial
resources, including income-generating opportunities, credit and loans, pension and social benefits schemes;
(c) Conduct capacity building programmes to increase the number of women entrepreneurs; and

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HIGHLIGHTS

Office of the United Nations

Resident Coordinator
United Nations Country Team

(d) Integrate initiatives aimed at womens economic empowerment throughout the State partys development strategies and include
consideration for targeted groups of women, such as single women heads of households, according to their specific needs and the multiple discrimination they face.
Rural women
42. The Committee reiterates its concern that rural women face additional challenges to access justice, health care, education, credit and
loans, economic opportunities and community services, which often prevent them from fully participating and benefitting from rural and agricultural policies on an equal basis with men. The Committee notes with concern that:
(a) Discriminatory practices regarding land ownership and the administration of property and inheritance continue to limit womens access to
economic resources and financial services (CEDAW/C/MDG/CO/5, para. 32);
(b) Land tenure and rural development policies in the State party lack a gender perspective and under law 68-012 (1968) related to inheritance, co-heirs may agree that female heirs receive a lump sum instead of an equal share of inherited land;
(c) Law No. 2007-036 on foreign investment may have an adverse impact on womens access to land and resources; and
(d) Climate change and recurring natural disasters, including extreme weather events and drought have a disproportioned impact on women.
43. The Committee recommends that the State party:
(a) Repeal discriminatory provisions in Law No. 68-012 (1968) and amend Law No. 2007-037 to eliminate all forms of discrimination
against women with respect to land ownership and administration, property and inheritance, and to facilitate womens acquisition
and retention of land and natural resources;
(b) Ensure that the promotion of gender equality is an explicit component of its land tenure and rural development policies, plans
and programmes, in particular those aimed at poverty reduction and sustainable development, ensuring the full participation of rural
women in their formulation and implementation (CEDAW/C/MDG/CO/5, para. 33);
(c) Pay special attention to the situation of rural women ensuring their participation in decision-making processes in the community
and the family, as well as their full access to financial services and capacity-building opportunities, including in the farming and cattle rearing sector;
(d) Take proactive measures to ensure that rural womens access to justice, health care, education and community services; and
(e) Ensure the integration of a gender perspective and the empowerment of rural women into any efforts to mitigate and adapt to
climate change.
Women with disabilities
44. The Committee is concerned about intersecting forms of discrimination against women and girls with disabilities who are often victims of
prejudice, violence and neglect. The Committee notes with concern the obstacles faced by women and girls with disabilities to participate in
social life and the absence of a clear strategy or policy for the promotion of their human rights.
45. The Committee recommends that the State party expedite the elaboration and adoption of the proposed plan to include a disability perspective in national policies and strategies and ensure its implementation, with a view to protect the rights of women and girls
with disabilities and to eliminate discrimination and violence against them.

Marriage and family relations

46. The Committee notes the State partys efforts to regulate some aspects of traditional marriages, including their registration and the equitable distribution of property upon dissolution. However, it remains concerned that traditional marriages remain largely unregistered, resulting in lack of access for women to protection by Law No. 2007-022 on marriage. It is also concerned that due to customary and traditional
attitudes women are considered inferior to men and do not benefit from the right to an equal treatment in marriage and family matters including divorce, inheritance, and custody, and that cases of polygamy persist. It reiterates its concern about the overall lack of awareness of the
law on marriage among the population as well as about its enforcement.

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HIGHLIGHTS

Office of the United Nations

Resident Coordinator
United Nations Country Team

47. The Committee recalls its general recommendations No. 21 (1994) on equality in marriage and family relations and No. 29 (2013)
on the economic consequences of marriage, family relations and their dissolution and recommends that the State party:
(a) Ensure the equal rights of women and men in all matters relating to marriage and family relations, as well as to inheritance, divorce and custody of children, without further delay;
(b) Increase knowledge and awareness of the law on marriage, ensure its enforcement, facilitate the registration of all marriages to
protect the rights of women in de facto unions as well as enforce the prohibition of polygamy;
(c) Carry out wide-reaching awareness-raising and education campaigns to change attitudes and behaviour about practices related
to marriage and family relations among traditional leaders and the population in general; and
(d) Conduct awareness-raising campaigns targeting women and girls to make them aware of their rights with regard to family relations and marriage.
Child and/or forced marriages
48. The Committee notes that the legal minimum age of marriage is 18 years. However, it remains concerned by the pervasiveness of child
and/or forced marriages, and that girls and women are deprived of their right to freely choose their spouse and to enter into marriage.
49. In accordance with Joint General Recommendation No. 31 of the Committee/General Comment No. 18 of the Committee on the
Rights of the Child on harmful practices (2014), the Committee calls on the State party to:
(a) Adopt all measures to combat child and/or forced marriages in a sustained manner whilst tackling the root causes;
(b) Disseminate and raise awareness about the law prohibiting marriage under 18 years, including by sensitizing the general public
on the harmful effects of child and/or forced marriage on girls mental and reproductive health and the pursuit of their education;
and
(c) Strengthen awareness-raising and sensitization activities on the harmful impact of child and/or forced mariage for women and
girls, in cooperation with traditional or religious leaders and the media, in order to encourage change conducive to the elimination of
this harmful practice and include making girls and women aware of their right to freely enter into marriage.
Data collection and analysis
50. The Committee is concerned at the general lack of gender-disaggregated data which is necessary for an accurate assessment of the situation of women and identification of discrimination, for informed and targeted policymaking, and for the systematic monitoring and evaluation of progress achieved towards the realization by women of substantive equality.
51. The Committee recommends that the State party enhance the collection, analysis and dissemination of comprehensive data, disaggregated by sex, age, disability, ethnicity, location and socioeconomic status, and the use of measurable indicators to assess trends
in the situation of women and progress towards the realization by women of substantive equality in all areas covered by the Convention.
Beijing Declaration and Platform for Action
52. The Committee calls upon the State party to utilize the Beijing Declaration and Platform for Action, in its efforts to implement
the provisions of the Convention.
2030 Agenda for Sustainable Development
53.The Committee calls for the realization of substantive gender equality, in accordance with the provisions of the Convention,
throughout the process of implementation of the 2030 Agenda for Sustainable Development.
54. The Committee recalls the obligation of the State party to systematically and continuously implement the provisions of the Convention. It urges the State party to give priority attention to the implementation of the present concluding observations and recommendations between now and the submission of the next periodic report. The Committee therefore requests the timely dissemination
of the concluding observations, in the official language(s) of the State party, to the relevant state institutions at all levels (national,
regional, local), in particular to the Government, the ministries, the Parliament and to the judiciary, to enable their full implementation. It encourages the State party to collaborate with all stakeholders concerned, such as employers associations, trade unions, hu-

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HIGHLIGHTS

Office of the United Nations

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United Nations Country Team

man rights and womens organisations, universities and research institutions, media, etc. It further recommends that its concluding
observations be disseminated in an appropriate form at the local community level, to enable their implementation. In addition, the
Committee requests the State party to continue to disseminate the CEDAW Convention, its Optional Protocol and jurisprudence,
and the Committees General Recommendations to all stakeholders.
Technical Assistance
55. The Committee recommends that the State party link the implementation of the Convention to its development efforts and that it
avail itself of regional or international technical assistance in this respect. The Committee also calls on the State party to continue its
cooperation with specialized agencies and programmes of the United Nations system, including the United Nations Entity for Gender
Equality and the Empowerment of Women (UN-Women), the United Nations Statistics Division, the United Nations Development
Programme, the United Nations Childrens Fund, the United Nations Population Fund, the World Health Organization, the International Labour Organization, and the Office of the United Nations High Commissioner for Human Rights as well as the International
Organization for Migration.
Ratification of other treaties
56. The Committee notes that the adherence of the State party to the nine major international human rights instruments would enhance the enjoyment by women of their human rights and fundamental freedoms in all aspects of life. The Committee therefore encourages the State party to consider ratifying the Convention on the Protection of Persons from Enforced Disappearances, the 1954
Convention on the Status of Stateless Persons and the 1961 Convention on the Reduction of Statelessness to which it is not yet a
party.
Follow-up to concluding observations
57. The Committee requests the State party to provide, within two years, written information on the steps undertaken to implement
the recommendations contained in paragraphs 27a and 37d and e above.
Preparation of the next report
58. The Committee invites the State party to submit its eighth periodic report in November 2019.
59. The Committee requests the State party to follow the Harmonized guidelines on reporting under the international human rights
treaties, including guidelines on a common core document and treaty-specific documents (HRI/MC/2006/3 and Corr.1).

14

MADAGASCARS 6TH and 7th

REPORTS PRESENTED TO THE COMMITTEE ON WOMEN RIGHTS

Office of the United Nations

Resident Coordinator
United Nations Country Team

In Geneva, on 10 November,
rights considered the 6th and
on the implementation of
elimination of all forms
women.

NATIONAL SYMPOSIUM ON
GENDER AND DEVELOPMENT
From 1 to 3 July, OHCHR participated in the National Symposium on Gender and Development
organized by the Ministry of Population, Social
Protection and the Promotion of Women, in collaboration with the United Nations System in Antananarivo under the auspices of the first lady of
Madagascar. More than 200 people, including 170
women drawn from the government, civil society
organizations, the private sector participated in the
3-day symposium and exchanged views, best
practices and experiences on 11 themes including the environment, the economy, women's
rights, the fight against gender-based violence, trafficking in persons. During the symposium, OHCHR
made a presentation on the SDGs and human
rights. Recommendations made during the Symposium will help develop a national policy on gender
promotion as well as a new national development
action plan.

The delegation of Madagascar was led by H.E., Ms.

Noeline Ramanantenasoa, minister of justice. UNCT was
represented by the UNFPA resident representative, who
made an oral statement.

PROMOTING GENDER EQUALITY

AND WOMEN RIGHTS

IMPLEMENTING THE HUMAN RIGHTS UP

FRONT INITIATIVE

With OIF (Francophonie) financial support, OHCHR carried

out three 3- day workshops on promoting gender equality
and promoting women (SDG5) in Fianarantsoa, Antsirabe
and Mahajanga for the benefit of
75 women leaders drawn from
associations operating across the
r e s p e c t i v e regions.

In Antananarivo, on 28-29 June, during the UN

Communication Group (UNCG) annual retreat,
OHCHR made presentations on the Human
Rights up Front as well as on the link between
the SDGs and human rights for the benefit of
18 members of the UNCG including 14
women.

Modules covered included Introduction to human rights and international mechanisms for the protection of human rights, national
mechanisms for the protection of
human rights, the role of women
leaders in promoting and protecting human rights,
women participation in the decision making process, in
the economy as well in the national reconciliation process. At the end of the workshop, copies of human
rights instruments pertaining to women rights were distributed to all participants.

Participants also drafted UNCT communication

strategy and recommended inter alia the intensification of human rights trainings for the benefit
of the UNCT, the PMT, the OMT and the UNCG.
Editor in Chief
Fatma Samoura
UN Resident Coordinator
Editor
Omer Kalameu
Human Rights Adviser
Writers
Tovohery RAZAKAMANANA
Volahery ANDRIAMANANTENASOA
Designer
Volahery ANDRIAMANANTENASOA

the Committee on women

7th reports of Madagascar
the convention on the
of discriminations against

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Office of the United Nations

Resident Coordinator
United Nations Country Team
FOCUS ON THE INDEPENDENT NATIONAL
HUMAN RIGHTS COMMISSION
The five representatives of Civil Society Organizations
within the Independent National Commission on Human
Rights (CNIDH) were elected In Antananarivo, on 3
November.
This landmark election was the culmination of intensive
sensitization, information and advocacy activities carried
out across the country by OHCHR and the Ministry of
Justice from 15 September to 2 November 2015.

The five elected commissioners (from left to right), Mrs . Mireille RABENORO
(Antananarivo) , Mr. Andrianirainy RASAMOELY (Antananarivo), Mr. Ny Hanitra
Johnson RAMAROLAHY RASIDIMANANA (Mahajanga),
Mr. Andriamanana RAKOTONIRINA (Antsirabe), Mrs. ARMANDINE (Toliara).

Primary elections were also conducted at the regional and provincial levels by the ad hoc committee composed of jurors representing civil society organizations and the ministry of justice. OIF, OHCHR, UNDP and UNFPA provided technical and
financial
support
to
the
entire
process.
The five
commissioners
were
elected
during
the final
and national
elections,
in the
presence
of the
minister
of
justice,

Final elections in Atnanarivo (from left to right) Mr. Omer KALAMEU, Human Rights Adviser, Mrs Delphine COUVEINHES Matsumoto, OIF,
HE. Mrs Noeline RAMANANTENASOA, Ministry of Justice.

Final elections in Antananarivo on 03 Novemlber 2015 organized by the adhoc and steering committees.

two OIF representatives, OHCHR, UNDP, UNFPA and leaders of civil society organizations. The f i ve commissionerselect e x e m p l i f i e d the gender and regional diversity and representativeness (2 commissioners-elect are women,
and 3 are drawn from the
regions including Toliara,
Mahajanga and
Antsirabe).
Primary elections in Antsiranana
(1 250km North of Antananarivo),
in Toamasina (350 km East of
Antananarivo) and in Mahajanga
(600 km West of Antananarivo).

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Office of the United Nations

Resident Coordinator
United Nations Country Team

ENHANCING PARLIAMENTARIANS
HUMAN RIGHTS EXPERTISE
On the occasion of the second ordinary session of the National Assembly, OHCHR and its partners intensified
capacity building activities for the benefit of 50 parliamentarians including 12 women. On 4-5 November, the
Parliament, OHCHR, OIF, APF (Assemble Parlementaire de la Francophonie) carried out a 2-day training on the
parliamentary control of the Security Sector Reform and the follow up of the Universal Periodic Review and its role in
the National Human Rights Commission. The workshop aimed at strengthening the capacity and the voice of the national assembly with regards to UPR, NHRC and SSR. The opening ceremony was chaired by the President of the
National Assembly and featured participation from members of the standing Bureau of the parliament, MPs, OIF
representatives, the representative of the secretary general of the APF, UN agencies representatives, technical and
financial partners and representatives of the diplomatic corps as well as the academia. OHCHR made a communication
on the UN, regional and national mechanisms for the promotion and protection of human rights. During the 2-day session the role of the parliament in the SSR, UPR and NRHI was explored in depth.
The seminar culminated in the commitment of the parliamentarians to creating the 32nd permanent commission on
human rights, to playing a
central
role
in
the
democratic control of the
security and defense forces,
to quickly electing their representative within the Independent National Human
Rights Commission, as well
as to monitoring the implementation of recommendations issued by UN human rights mechanisms
including the UPR.
The Parliament, OHCHR,
UNHCR,
Equal
Rights
Trust, Global Campaign for
Equal Rights and Focus
Development Association als o organized a 2-day workshop on the rights to nationality and the statelessness in Madagascar for the benefit of 45 parliamentarians including 13 women.
The workshop aimed at sensitizing the parliamentarians on the discriminatory provisions included in the 55-year-old
nationality code adopted on 22 July 1960, and on the need for its revision to address the plight of stateless people in
Madagascar. 8 Stateless people including 2 women representing metis and stateless people associations also participated in the 2-day session. OHCHR made a presentation on the role of the parliamentarians in promoting and protecting the rights to nationality and urged the government to adopt a new nationality code in compliance with
international human rights principles and standards enshrined in the universal declaration of human rights, the international covenant on civil and political rights, the convention on the elimination of racial discrimination, the convention on the elimination of discrimination against women, the convention on the rights of the child, the African
charter on human and people rights, the African charter on the rights and welfare of the child as well as the convention on the rights of stateless persons. At the end of the 2- day workshop, 30 parliamentarians signed a landmark
declaration calling for the progressive eradication of the statelessness issue in Madagascar through inter alia the adoption of a new nationality code. The president of the national assembly solemnly committed himself to tabling a private bill on the nationality code during the October-December 2015 ordinary session.
17

Office of the United Nations

Resident Coordinator
United Nations Country Team
OHCHR AND OIF COMMIT TO STRENGTHENING
THEIR PARTNERSHIP ON HUMAN RIGHTS PROMOTION AND PROTECTION AHEAD OF THE UPCOMING
OIF SUMMIT IN ANTANANARIVO IN NOVEMBER
2016
On 5 November, OHCHR organized its monthly meeting
with civil society organizations (CSOs).70 leaders of civil
society organizations including 31 women participated in
the meeting. Participants took stock of the current political,
security, humanitarian and human rights situation.
Ms Delphine Couveinhes Matsumoto and Salvatore
Sagus representing OIF were the guests of honor of
the meeting. They made presentations on the role of CSOs
in the Universal Periodic Review, the Security Sector Reform and the National Human Rights Commission. During

(middle to right) Mrs. Delphine COUVEINHES Matsumoto and

Salvatore SAGUS

the meeting, areas of cooperation between OIF and Madagascar-based NGOs were explored in depth, ahead of
the upcoming OIF summit in Madagascar in November
2016.
OHCHR a l s o carried out its monthly human rights working group meeting with Technical and Financial Partners
(donors community). The meeting brought together embassies and UN Agencies representatives. OHCHR briefed
the participants on the current human rights, political and
security situation and called on the TFPs to support the organization of the upcoming human rights week (25 November-10 December 2015). This year , the Human Rights Day
(10 December 2015) will be celebrated in Tamatave ( 400
km east of Antananarivo) with the view to getting closer
and responding to the growing demands and expectations
of rights-holders in rural and remote areas. Ms Delphine
Couveinhes Matsumoto and Salvatore Sagus representing
OIF were also the guests of honor of the meeting. They
made presentations on the opportunities and role of OIF in
18
promoting and protecting human rights.

HUMAN RIGHTS FIELD PRESENCES IN

SOUTHERN AFRICA REGION MET FOR THEIR
ANNUAL RETREAT
In Pretoria, on 19-20 October, HRA participated in the
annual retreat of the OHCHR Regional Office for Southern Africa (ROSA). The 2-day retreat aimed at bringing
OHCHR
ROSA
staff,
Human
Rights
Advisors
(Madagascar, Malawi and Zambia), ROSA Desk Officer
and Chief of the Africa Section I in Geneva, to discuss,
identify and analyze priorities, as well as challenges for
the strategic human rights engagement in the sub region
focusing on common areas of programming. During the
regional retreat, participants reviewed progress in the implementation of the sub regional and country notes for
the OHCHR planning cycle (2014-2017) with the view
to identifying lessons learned; identified emerging human rights issues/priorities; and developed common
priorities in southern Africa for 2016.

17 LAWYERS TRAINED ON USING AND

UPHOLDING USE OF INTERNATIONAL
HUMAN RIGHTS PRINCIPLES AND NORMS
IN COURT PROCEEDINGS AND DECISIONS.
As part of its capacity building activities for law enforcement officials, on 6-7 July, OHCHR in partnership
with the Malagasy Bar Association carried out a 2-day
human rights training workshop for the benefit of 17
lawyers -including 9 women- drawn from the Tamatave
jurisdiction. Modules covered included introduction to
human rights, human rights principles, and national
mechanism for the protection of human rights, regional and international mechanisms for the protection
of human rights, referral to the International Criminal
Court, and human rights in the administration of justice
as well as the role of the Bar association in promoting
and protecting human rights.
On the margins of the 2-day workshop, OHCHR met
with the city mayor of Tamatave and briefed him on its
mandate and activities.

OIF representatives also met with Mrs. Fatma SAMOURA, UN Resident Coordinator
(middle) and the UNDP Governance Advisor, Mr. Alessandro BOZZINI (left).

UPDATE ON HUMAN RIGHTS AND BUSINESS

In Antananarivo, on 18-19 May, OHCHR and the local
NGO CRAAD-OI organized a 2-day workshop on preparing
the draft tripartite charter on human rights and business for
the benefit of 25 NGOs leaders including 9 women drawn
from mining regions across the country. At the end of the

Office of the United Nations

Resident Coordinator
United Nations Country Team

workshop, a draft charter integrating NGOs inputs was

adopted. Similar workshops will be organized for the
benefit of the private sector and government officials
with the view to feeding and consolidating the NGOs
draft.
A roundtable discussion was held in Jul y in the capital by
leaders of civil society organizations, trade unions, mining
companies, UNICEF, OHCHR, and the Ministry to the
Presidency of Mines and Petroleum resulted in a decision
to integrate into the reform of the Mining code the respect
of human rights in mining areas. To this purpose
evaluation activities tools and legal provisions will be
developed soonest.
From 1 to 10 August, OHCHR conducted three workshops on human rights monitoring, documentation
and reporting techniques in three key mining-based
and producers localities of Tsianisiha, Mangily and
Ankilimalinika, near Tulear (800 km southwest of Antananarivo) for the benefit of 280 civil society leaders
including 75 women. Special emphasis was also
placed on human rights and business principles, land
law as well as on lobbying, mobilization and advocacy
techniques with the view to empowering them in claiming their socio-economic and cultural rights.

Mrs. Zo RANDRIAMARO, Coordinator of CRAAD-OI (Centre de Recherche et

dAppui aux Alternatives de DveloppementOcan Indien)

HUMAN RIGHTS IN THE ADMINISTRATION

OF JUSTICE
OHCHR also participated in a 3-day regional seminar on
human rights and business In Johannesburg, from 28 to
30 September. The seminar aimed at increasing conceptual and practical awareness and capacity on business and human rights. It offered and created a wonderful opportunity for dialogue on relevant human rights in
the extractive industry such as: the rights of migrants in
the extractive industry; womens economic empowerment and gender rights in mining; the impact of displacement and accountability for human rights abuses
affected communities; and challenges in the protection
of environment and the impact on human rights.
19

In Antananarivo, within the framework of the MOU

between the UNCT and the National Gendarmerie,
on 2 November, at the auditorium of the National Gendarmerie, OHCHR conducted a one-day training on
human rights in the administration of justice for
the benefit of 35 units commanders drawn from all
the 22 regions of the country. Modules covered included introduction to human rights; national and international mechanisms for the protection of human
rights; human rights in preliminary investigations; human rights, arrest and pretrial detention; role of the
judicial police officers in preventing torture; and the
principle of command responsibility.

HIGHLIGHTS

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Resident Coordinator
United Nations Country Team

2015 - A PIVOT YEAR IN THE FIGHT AGAINST TRAFFICKING IN PERSONS IN

MADAGASCAR
Fifteen years have passed since the Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially
Women and Children was adopted, and ten years have passed since Madagascars ratification of the Protocol. But none
of these years has been as momentous as 2015.
In January, the National Assembly passed the Law 2014-040 of 20th January 2015 that completes the Law 2007-038 of
14 January 2008 to encompass all forms of trafficking and coherently organize into a single document the criminal provisions against Trafficking in Persons (TiP).
th

With support from IOM that facilitated the bilateral and multilateral consultations among stakeholders, the Prime Ministers Office released in March the National Action Plan against TiP (Plan National de Lutte contre la Traite des Personnes). This five-year Action Plan organizes for the first time the concerted national effort against TiP by prioritizing specific
interventions around four axes: prevention of TiP, protection of victims of trafficking (VoTs), prosecution of traffickers, and
international cooperation.
In April, the Government established through Decree 2015-269 a National Coordination Office against TiP (Bureau National de Lutte contre la Traite des Etres Humains BNLTEH). Its members include representatives from the ministries,
the private sector, the media, and civil society organizations. It is ambitiously tasked to supervise, coordinate, and monitor
the implementation of the Action Plan.
Lastly, there were more judicial investigations opened under suspicion of Trafficking in the first 8 months of the year
than in any other similar period of time in the past.
We command these steps and the spirit of constructive engagement from all stakeholders that has enabled these actions to stem fresh and promising roots. But challenges abound, and will paradoxically multiply as the national response to
TiP becomes more refined over time.
Indeed, as the report from the assessment of TiP within and from Madagascar conducted by IOM (to be released on
October 13th) in Madagascar with field study in Kuwait and Lebanon highlights: all too many Malagasies continue to be
trafficked internally and transnationally, falling prey to traffickers that subject them to various forms of exploitation.
As well, tacking stock of the assistance that IOM provides in-country and in destination countries to VoTs under its
Emergency Assistance Fund since January, it is evident that VoTs encounter major hindrances in accessing basic protection and assistance services.
At the local level where most of the incidences of TiP are thought to take place, the capacities of the judicial system to
bring traffickers to justice remain limited against the intrinsic complexities of investigation and prosecution of the crime.
This highlights the challenges in Madagascar for successful preventive action, proactive identification of victims, and
robust systems for prosecution of traffickers. As more VoTs are identified over time, and more traffickers brought to justice, the national stakeholders and in particular lead technical ministries will need to further refine and upscale their systems, procedures, and human resources base to meet the evolving and more complex realities.
These challenges are not unique to Madagascar far from it. And this year suggests a great leap forward in confronting TiP. The stars are all aligned for meaningful and perennial changes.
But in order for us to be able to look back in five or ten years time on 2015 as a truly pivotal year, the ongoing efforts
ought to be further encouraged, and additional technical and financial commitments from international partners need to be
urgently secured. Or 2015 will be just another year.
Op-Ed by Daniel Silva y Poveda Head of Office, IOM Madagascar

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