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Madagascar

Section 1. Respect for the Integrity of the Person, Including Freedom from:

c. Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment

The constitution and law provide for the inviolability of the person and prohibit such practices, but security forces subjected prisoners and criminal suspects to physical and mental abuse, including torture during coerced confessions, according to the National Independent Human Rights Commission (CNIDH) in 2019.

Security personnel reportedly used beatings as punishment for alleged crimes or as a means of coercion. There were reports that off-duty and sometimes intoxicated members of the armed forces assaulted civilians. Investigations into these incidents announced by security officials rarely resulted in prosecutions.

On August 1, security forces patrolling in Antohomadinika caught two alleged pickpockets and reportedly forced them into a pool of sewage, made them apologize in front of the large crowd of onlookers, and then handed them over to police investigators.

Impunity was a significant problem in the security forces. Factors contributing to impunity included corruption and a lack of reporting of abuses. Offices that investigated abuses included inspection bodies within the gendarmerie, police, and army command. The government did not provide human rights training for security forces, but it collaborated with international organizations to build security forces’ capacity on specific law enforcement problems such as trafficking in persons and child protection.

Section 6. Discrimination, Societal Abuses, and Trafficking in Persons

Children

Birth Registration: Under the law citizenship derives from one’s parents. The law does not confer nationality on children born in the country if both parents are noncitizens. It does provide for a minor’s right to obtain citizenship if one of the parents, regardless of their marital status, obtains citizenship.

The country has no uniformly enforced birth registration system, and unregistered children typically were not eligible to attend school or obtain health-care services. Authorities generally adjudicated birth registration on a nondiscriminatory basis.

Education: The constitution provides for tuition-free public education for all citizen children and makes primary education until the age of 16 compulsory. Despite multiple statements by officials asserting that public education is free, some public school principals continued to require parents to pay registration and various fees to subsidize teacher salaries and other costs. As a result education remained inaccessible for many children. According to UNICEF, boys and girls generally had equal access to education, although girls were more likely to drop out during adolescence. Some inhabitants of areas heavily affected by COVID-19 reported that schools denied admission of their children.

Child Abuse: Child abuse including rape was a problem. The press reported most child victims of rape were younger than 12; the youngest was age three. A 2018 study on violence against children produced by the Ministry of Population in partnership with UNICEF revealed violence against children, including physical violence, sexual abuse, and rape, occurred in all environments: family, school, social circles, and workplaces. It found abuse was rarely reported due to lack of confidence in the justice system, precarious economic conditions, a desire to avoid social discord in the community, and intimidation. Only 4 percent of respondents to the survey said they had reported cases of child abuse to police, while 19 percent had reported sexual abuse to police or gendarmerie. Victims’ families often agreed to mediated arrangements involving financial compensation by the wrongdoers and occasionally forced marriage of the victim with the rapist.

In some towns and cities, particularly in Antananarivo, homeless women raised small children in dangerous conditions and environments and forced children as young as three years old to beg on the streets. Sometimes babies were “rented” to beggars to try to increase sympathy from passersby. Government authorities rarely intervened in these cases of child endangerment.

The government increased efforts to combat child rape. Following the promulgation of the gender-based violence law in January, the Ministry of Justice announced strengthened measures against child rape offenders. The ministry raised public awareness of the duty to report child rape and discouraged persons from using informal arrangements between victims’ families and offenders to resolve child rape cases. In November media reported these efforts led to an increase in the number of prosecutions of child rape cases.

Government efforts to combat other forms of child abuse were limited and focused primarily on child protection networks, which addressed the needs of victims and helped raise public awareness. With the support of UNICEF, the cities of Antananarivo, Toamasina, Mahajanga, Nosy Be, Toliara, and Tolagnaro hosted one-stop victim support centers, called Vonjy Centers, in public hospitals. These centers received child victims of sexual abuse, including rape and sexual exploitation. In addition to medical care, these centers provided psychological support through social workers assigned by NGOs. Police from the minors and child protection brigade recorded victims’ complaints, and volunteer lawyers provided free legal assistance.

In Nosy Be the local office of the Ministry of Population, in collaboration with UNICEF, established a foster family system for child abuse victims who needed placement. Some officials, however, reported victims of child abuse were sometimes returned to the home where the abuse occurred due to a lack of other options.

In September the Court of Fenerive Est reported an increase in child rape since the beginning of the COVID-19 outbreak. In most cases the offenders were persons close to the victims. Incidents of gang rape and the number of minor offenders also increased. The court organized workshops in the four districts covered by the jurisdiction to raise public awareness of the problem.

Child, Early, and Forced Marriage: The legal age for marriage without parental consent is 18 for both sexes. Nevertheless, child marriage remained very common, particularly in rural areas and in the South.

The practice of moletry, in which girls are married at a young age in exchange for oxen received as a dowry, reportedly continued. Affected girls may be as young as 12.

According to the results of a 2018 Multiple Indicator Cluster Survey, 37 percent of women between ages 20 and 49 married before the age of 18. The rate for men was 12 percent. Rural areas were more affected, with 44 percent married before age 18, and 15 percent before age 15. In urban areas, 29 percent of women married before age 18 and 7 percent before age 15. There were no reports of government efforts to prevent child marriage.

Sexual Exploitation of Children: The law provides a penalty of hard labor for recruitment and incitement to prostitution involving a child younger than 18, the sexual exploitation of a child younger than 15, and the commercial sexual exploitation of a child younger than 18. There is no specific mention of the sale or offering of children for prostitution. The law specifies penalties of two to five years’ imprisonment and fines for perpetrators of child pornography. Authorities rarely enforced the provisions. There is no minimum legal age for consensual sex. The country was a destination for child sex tourism.

Commercial sexual exploitation of children and child sexual abuse, sometimes with the involvement of parents, remained a significant problem.

Employers often abused and raped young rural girls working as housekeepers in the capital. If the girls left their work, employers typically did not pay them, so many remained rather than return empty-handed to their families and villages. UNICEF’s 2018 study on violence against children indicated all reported cases of sexual violence in the workplace took place in the domestic-labor sector.

The national gendarmerie operated a morals and minors protection unit with responsibility for protecting children, including rape victims, in rural areas not covered by the national police’s morals and minors brigade. The Ministry of Justice, collaborating with UNICEF and telecommunications companies, operated a website called Arozaza (protect the child) to combat online sexual exploitation of minors and deter potential abusers. The website included a form to report child endangerment or online pornography. On July 1, media reported improvements to the website allowing police or other governmental entities to intervene immediately once a report was filed on the platform.

On August 13, in collaboration with the Ministry of Population and UNICEF, Internet Watch Foundation launched an online portal allowing individuals worldwide to anonymously and safely report images and videos of sexual abuse of Malagasy children found on the internet. The reported contents would be analyzed and removed by the Internet Watch Foundation, not precluding prosecution, as the data would be shared with authorities.

The Ministry of Population operated approximately 750 programs covering 22 regions throughout the country to protect children from abuse and exploitation. The ministry collaborated with UNICEF to identify child victims and provide access to adequate medical and psychosocial services. The gendarmerie, Ministry of Justice, Ministry of Population, and UNICEF trained local authorities and other stakeholders in targeted regions on the rights of children.

Infanticide or Infanticide of Children with Disabilities: Media reports documented several deaths of newborns abandoned in gutters and dumpsters. A traditional taboo in the southeast of the country against giving birth to twins also contributed to the problem. A provision in the January gender-based violence law prohibits traditional practices which harm human rights including infanticide.

Displaced Children: Although child abandonment is against the law, it remained a problem. There were few safe shelters for street children, and governmental agencies generally tried first to place abandoned children with parents or other relatives. Authorities placed many children in private and church-affiliated orphanages outside the government system.

Institutionalized Children: On August 13, the Court of Fianarantsoa placed a man in pretrial detention for sexual abuse and rape of four minor girls in an orphanage where he was working. As of September the trial had not taken place.

International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data/reported-cases.html.

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