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RR RUEHBZ RUEHDU RUEHJO RUEHMR RUEHRN
DE RUEHAN #0221/01 0651407
ZNR UUUUU ZZH
R 061407Z MAR 07
FM AMEMBASSY ANTANANARIVO
TO RUEHC/SECSTATE WASHDC 4424
INFO RUCNSAD/SOUTHERN AFRICAN DEVELOPMENT COMMUNITY
RUEHFR/AMEMBASSY PARIS 0819
RUEHMD/AMEMBASSY MADRID 0008
RUEHRO/AMEMBASSY ROME 0036
RUEHSW/AMEMBASSY BERN 0010

UNCLAS SECTION 01 OF 11 ANTANANARIVO 000221 
 
SIPDIS 
 
DEPT OF JUSTICE WASHDC 
DEPT OF LABOR WASHDC 
DEPT OF TREASURY WASHDC 
DEPT OF HOMELAND SECURITY WASHDC 
PARIS FOR D'ELIA 
DEPT FOR G/TIP RYOUSEY 
DEPT FOR G 
DEPT FOR INL 
DEPT FOR AF/E BEYZEROV 
DEPT FOR AF/RSA 
DEPT FOR DRL HARPOLE 
DEPT FOR PRM 
DEPT PLEASE PASS TO USAID 
 
SENSITIVE 
SIPDIS 
 
E.O. 12958: N/A 
TAGS: PHUM KCRM KWMN SMIG KFRD ASEC PREF ELAB EAID
MA 
SUBJECT: MADAGASCAR 2006 TRAFFICKING IN PERSONS REPORT 
 
REF: A) 06 STATE 202745 
B) 05 ANTANANARIVO 680 
C) 07 ANTANANARIVO 161 
 
¶1. SUMMARY: Madagascar is not a country of origin, transit 
or destination for internationally trafficked men and 
women.  During the year, there were reports of trafficking 
within the country's borders.  Madagascar has a confirmed 
child sex tourism problem.  The domestic legal framework, 
cultural values, poverty, low-level corruption, and lack of 
awareness, funding, and capacity all hamper the Government 
of Madagascar's (GOM) efforts to combat trafficking.  In 
2005, the Department approved funding several trafficking 
in persons (TIP) initiatives (REF B); but these funds have 
still not been released, so programs are on hold.  Against 
these odds, the GOM successfully completed a significant 
number of initiatives in its 2006 Action Plan.  A new 
adoption law published in 2006 (including a temporary ban 
on international adoption) has effectively dismantled 
illegal adoption networks for trafficking of infants. 
Awareness of trafficking continues to increase in 
Madagascar through a series of aggressive information 
campaigns.  As a result, Madagascar remains a leader among 
sub-Saharan African countries, and merits retention of its 
Tier Two ranking.  END SUMMARY. 
 
¶2. The Embassy Point of Contact for TIP is Political 
Officer Silvana Rodriguez.  Ms. Rodriguez can be reached 
via email at RodriguezSD@state.gov, via telephone at 
261.20.22.212.57, or via facsimile at 261.20.22.251.71. 
POLOFF Rodriguez spent approximately 100 hours speaking 
with contacts, researching, and writing this report; POL 
FSN spent approximately 40 hours supporting those efforts. 
ECON/POL Chief, DCM, and Ambassador spent approximately two 
hours each during the clearance process. 
 
¶3. As requested in Ref A, Embassy Antananarivo submits the 
following information, keyed to the questions in paragraphs 
27-30 that are applicable to Madagascar's situation. 
 
-- 27 A-D. Available statistics and reports do not indicate 
that Madagascar is, to any significant degree, a country of 
origin, transit or destination for internationally 
trafficked men and women.  There have been reports of 
Malagasy women working as prostitutes on the neighboring 
(and significantly more affluent) islands of Mauritius, 
Reunion, and Mayotte, but the consensus view is that they 
are generally operating as individual entrepreneurs rather 
than through force, fraud, trafficking, or coercion. 
 
 
In 2004, Madagascar was a country of origin for children 
trafficked through illegal adoptions.  A new law adopted in 
2005 and published in 2006, as well as a temporary ban on 
international adoptions, have effectively dismantled these 
networks (see 29A for details).  Neither UNICEF nor 
government ministries were aware of any cases of 
trafficking of babies through illegal adoption in 2006. 
 
During 2006 and early 2007, there were reports of 
trafficking within the country?s borders.  Anecdotal 
information indicates there may be a network of traffickers 
recruiting children in rural areas for employment as 
domestic workers and prostitutes in urban centers, although 
government officials believed such recruitment was 
conducted by individuals.  According to UNICEF and the 
Ministry of Labor, an unknown number of children from poor 
rural families are working as domestic servants for 
affluent urban families.  While some are well treated and 
attend school, others are neglected, exploited and 
physically or sexually abused.  The Embassy has received 
anecdotal information from the International Labor 
Organization (ILO) in the past about the recruitment of 
 
ANTANANARI 00000221  002 OF 011 
 
 
children in Antananarivo under false pretenses for 
"legitimate" employment in coastal cities as waitresses and 
domestic servants.  There is a confirmed sex tourism 
problem in the coastal cities of Tamatave, Diego Suarez and 
Nosy Be, although an ILO study in 2006 shows this problem 
is on the decline.  Embassy research in 2006 indicated much 
activity was without the involvement of any third party, 
although there were some cases of encouragement or 
facilitation by family members, taxi and rickshaw drivers, 
friends, tour guides, and hotel workers. 
 
Based on previously completed studies, the ILO took actions 
throughout 2006 to address newly-identified potential 
internal trafficking networks.  In the Tulear (southwest) 
region where an estimated 300 children work in the salt 
mines, ILO built a local school to simultaneously encourage 
youth education and free parents from the responsibility of 
child-watching so they can work in the mines.  The ILO is 
planning to adapt such successful pilot projects for other 
problem areas.  For example, an estimated 18,000 children 
from the Tulear and Fianarantsoa regions labor in the 
gemstone mines of Ilakaka.  In the Ihosy (south central) 
region, it is a traditional practice for parents to sell 
their daughters into marriage at the cattle market to the 
"highest bidder," i.e. to the man who offers her family the 
most heads of cattle.  In Diego Suarez, Majunga and 
Manakara, young boys are put to work loading the goods of 
traveling vendors ("marchands ambulants") onto trucks bound 
for the capital and other ports.  They hitch a ride in the 
truck to the final destination where they then help to 
unload the cargo.  In many cases, the children are never 
paid for their work, and are left behind in the port city, 
hundreds of miles from their home. 
 
Traffickers throughout Madagascar (who are mainly Malagasy) 
target three key populations: women and young girls for 
sex, young boys and girls for employment, and babies for 
international adoption.  In the cases of sex and employment 
trafficking, victims are often lured by the promise of 
lucrative jobs.  Friends, family members, guardians, taxi 
drivers or rickshaw drivers may approach victims.  Although 
there are cases where parents are complicit, tacitly 
endorsing the transaction, most are unaware of the poor 
working conditions to which they send their children. 
Interlocutors insisted these are largely individual efforts 
and not part of a formal network. 
 
The domestic legal framework, cultural values, poverty, 
low-level corruption, and lack of awareness and capacity 
hamper the GOM's efforts to combat trafficking.  There is a 
societal and cultural acceptance of early sexual activity, 
early childbearing outside of marriage, and prostitution as 
an economic activity.  The 2004 ILO contribution to the 
National Action Plan to Combat Child Labor in Madagascar 
stated, "material rewards and sexuality have always been 
strongly associated in Malagasy society.  A man's 
generosity towards a woman increases both his standing as 
well as [that of] the woman receiving gifts.  In some parts 
of the country, girls from adolescence onward are expected 
to take care of their own material needs beyond food and 
lodging.  It has traditionally been acceptable for girls to 
entertain male friends in separate living quarters to 
obtain clothing or other items.  The step from this custom 
to overt sale of sex is small."  Embassy observers in Nosy 
Be and Diego Suarez noted the ambivalent attitude of 
parents and the desire of minors to meet and marry 
foreigners as another cultural factor contributing to the 
problem; UNICEF reports from 2003 noted the same problems 
in Tamatave. 
 
Chronic under-funding and a lack of capacity inhibit the 
GOM's ability to take pro-active positions on many issues, 
especially those involving prosecution.  Nonetheless, the 
 
ANTANANARI 00000221  003 OF 011 
 
 
GOM made significant progress on the prevention and 
protection aspects of the 2006 Action Plan: it conducted 
nation-wide awareness campaigns throughout the country, 
drafted bills to bring Malagasy laws into conformity with 
international protocols, and published a new law designed 
to prevent adoption trafficking.  It continued to enforce 
laws barring minors from nightclubs, bars and discotheques. 
It also continued to assist trafficking and other child 
labor victims through the creation of additional Welcome 
Centers and Provincial Monitoring Units (see 30A-B for 
details). 
 
In 2005, the Department approved funding several prevention 
initiatives. But, due to the fact that the majority of the 
funds have still not been released, the programs are on 
hold.  Nonetheless, awareness of trafficking increased 
through aggressive information campaigns individually 
managed by the Ministries of Justice, Labor, Population, 
Tourism, Youth and Sports, and Education (see 28C for 
details). 
 
The GOM and local NGOs are anxious to document the extent 
and nature of trafficking; lack of available funding and 
institutional capacity remains a significant impediment. 
There is no centralized information source of trafficking 
statistics in place.  However, throughout 2006 the GOM 
considered different database software to consolidate 
statistics compiled by each ministry.  UNICEF provided 
"DevInfo" software and trained some ministry 
representatives.  However, this system is not yet widely 
used, as not all ministries have received the software or 
training on how to use it.  In the interim, several NGOs 
continue to work on discrete projects to document the 
welfare and treatment of children.  Catholic Relief 
Services (CRS) conducted a USAID-funded trafficking survey 
in November 2006, whose findings were used during TIP 
trainings in early 2007 for implementing partners and local 
leaders in Nosy Be, Tamatave, and Tulear.  This reference 
data will also be used for program evaluation and to 
identify information gaps in public awareness. 
 
The government systematically monitors its anti-trafficking 
efforts through the President's Inter-Ministerial Anti- 
Trafficking Committee, which meets regularly and makes 
available their findings.  The committee met in August and 
December 2006 to assess progress on the 2006 Action Plan. 
 
- - - - - - 
PREVENTION 
- - - - - - 
 
-- 28 A. There is a clear political will at the highest 
levels to combat trafficking in persons.  The GOM freely 
and publicly acknowledges that trafficking is a problem in 
Madagascar.  The President has expressed his commitment -- 
both personal and political -- to eliminate trafficking in 
Madagascar.  The President listed this goal as one of the 
priorities in the Madagascar Action Plan (MAP) launched in 
2006, which will guide the country's development policy 
over the next five years. 
 
-- 28 B. GOM anti-trafficking efforts are spearheaded by 
the President's Inter-Ministerial Anti-Trafficking 
Committee.  Led by the Presidency, the committee includes 
representatives from the Presidency and the Ministries of 
Labor, Education, Culture, Tourism, Youth and Sports, 
Defense, Justice, Population, Foreign Affairs, Interior, 
and Public Security.  The committee meets on a bi-annual 
basis with additional ad-hoc meetings as needed. 
Trafficking issues are also addressed by the National 
Committee to Combat Child Labor (CNLTE is the French 
acronym).  The CNLTE features representatives from the GOM, 
NGOs and civil society. 
 
ANTANANARI 00000221  004 OF 011 
 
 
 
-- 28 C. TIP awareness continues to increase in Madagascar 
through aggressive information campaigns.  In light of the 
fact that many of the young people who fall into 
trafficking and forced labor leave school prematurely and 
lack awareness of their rights and economic alternatives, 
the government's prevention campaigns took a holistic, 
empowering approach by addressing a number of related 
issues that play a role in the overall problem.  Given the 
absence of educational or economic alternatives in most 
areas where trafficking is prevalent, awareness programs 
sometimes fall on deaf ears. 
 
In August 2006, the Ministry of Justice held a week of 
educational films in Antananarivo on commercial and sexual 
exploitation of children, including the trafficking of 
rural children for domestic and sexual labor in urban 
centers.  With the collaboration of experts brought in by 
USAID, the Ministry also conducted two training sessions 
for magistrates on legal instruments to combat the 
trafficking of women and girls.  In May 2006, ministry and 
gendarmes representatives participated in an ILO training 
in Italy on human slavery and forced labor.  The Ministry 
also conducted national television and radio programs to 
explain the process and implications of the new adoption 
laws (see 29A).  In conjunction with the Office of the UN 
Secretary General, the Ministry conducted studies on 
 
SIPDIS 
violence against children, including sexual and commercial 
exploitation. 
 
The Ministry of Culture and Tourism conducted public 
awareness training at cultural events for 250 personnel 
working in the tourism industry, as well as for an unknown 
number of women and children at risk of being trafficked in 
seven different locations in Madagascar (Farafangana, 
Tulear, Betioky, Majunga, Manakara, Ambositra, and 
Antsohihy). 
 
The Ministry of Education conducted workshops on children's 
rights, the worst forms of child labor, the minimum working 
age, and school retention programs at 152 schools and 87 
parent associations throughout the country.  Targeting 
child prostitutes, the Ministry also conducted education 
campaigns on sexual reproductive health at 18 schools. 
Their public education campaign included 27 newspaper 
articles, 32 radio programs, five radio spots, five 
television spots, one poster and one skit on the following 
topics: children?s rights, the worst forms of child labor, 
Convention 182 on the Elimination of the Worst Forms of 
Child Labor, and school retention programs.  The Ministry 
incorporated these themes into International Education Week 
activities in November by organizing a debate on the worst 
forms of child labor and an exhibit on the social 
reintegration of child workers and street children. 
 
The Ministry of Foreign Affairs drafted a report on the 
implementation of the Convention on the Rights of the Child 
in Madagascar, specifically relating to the sale and 
prostitution of children, including for use in pornography. 
This report will be reviewed in April 2007 by the UN High 
Commissioner for Human Rights in New York. 
 
In 2006, the Ministry of Youth and Sports trained nearly 60 
adult speakers and 120 youth peer educators on children?s 
rights; distributed fliers, posters and banners on ?how to 
say no? and how to seek counseling; and created seven CDs 
on sexual reproductive health and sexual violence.  The 
Ministry estimates its programs reached over 78,000 young 
people in 2006.  Its collaboration with the UN Population 
Fund included programs to educate Malagasy adolescents 
about reproductive health, rape, sexual harassment and 
prostitution. 
 
 
ANTANANARI 00000221  005 OF 011 
 
 
The State Secretary of Public Security (SSPS) has set up 
"morals and minors" police brigades to conduct both 
prevention and prosecution activities.  The brigade in 
Tulear is now operational, while the Fort Dauphin and 
Morondava brigades are expected to start operations in 
¶2007.  It has also conducted educational programs on child 
exploitation, statutory rape, and prostitution for 17,700 
students, 75 school administrators, 22 teachers, and 100 
parents.  Nine thousand members of the general public 
benefited from SSPS-run awareness campaigns on the 
protection of children's rights.  The SSPS also conducted 
education campaigns for 35 hotel managers and 24 "red zone" 
neighborhoods in Antananarivo on legislation concerning the 
protection of minors.  As a result of these awareness- 
raising initiatives, the SSPS has noticed the number of 
people stepping forward to file child-related complaints 
has significantly increased.  Funded by the USG and in 
collaboration with UNICEF, the SSPS is designing a standard 
training module for police on the protection of minors.  In 
2006, the program trained 25 police and gendarmes in Diego 
Suarez, 19 in Antananarivo, and 700 newly graduated police 
and inspectors on the rights and protection of minors. 
Finally, the SSPS published a number of articles in 
international newspapers on the sexual exploitation of 
minors. 
 
The Ministry of Telecommunications and Communication 
trained journalists representing 125 of the country's 256 
radio and television stations on the Convention on the 
Rights of the Child and the GOM?s campaign to issue birth 
certificates to prevent trafficking through illegal 
adoption (see 28D for details).  The Ministry also 
distributed posters with messages against sex tourism to 
150 post offices around the country; organized a contest in 
collaboration with UNICEF for journalists to write about 
children's rights; and trained 20 journalists on sexual 
reproductive health.  Following the release of UNICEF's 
film "Vero et Haingo" on the sexual exploitation of 
children, the Ministry of Telecommunications dispatched 
copies of the film and supporting information to schools 
throughout the country's 22 regions.  Schools used the film 
to open discussions among students regarding the importance 
of education to avoid falling into exploitation. 
 
The Ministry of Population?s activities in 2006 included 
the training of 275 child counselors; an education 
awareness campaign on children's rights legislation that 
reached 87,000 children and adults; and the establishment 
of a children's association in Majunga allowing children to 
participate in the decision-making process at the 
provincial level. 
 
-- 28 D. The GOM supports several other programs that 
complement the battle against trafficking.  In June 2004, 
UNICEF and the Prime Minister launched a three-year 
campaign to improve birth registration rates (EKA is the 
Malagasy acronym).  Madagascar has no uniform birth 
registration system, a weakness traffickers have in the 
past exploited to traffic children into illicit 
international adoption.  According to a 2003-04 study by 
INSTAT, the government's office of statistical studies, 25 
percent of children in the country under the age of five 
are not registered.  Many of the Ministry of Population's 
activities in 2006 focused around the GOM?s campaign to 
issue birth certificates, including the training of 400 
civil servants on the issuance process and raising public 
awareness via 5,000 outreach coordinators and fliers.  The 
Ministry of Population is currently retroactively 
registering birth certificates in 111 communes.  In 
conjunction with the World Bank?s continuing "Education for 
All" initiative, the GOM also provided school uniforms for 
elementary school children around the country in an effort 
to bolster school attendance. 
 
ANTANANARI 00000221  006 OF 011 
 
 
 
-- 28 E. The Government actively cooperates with NGOs and 
international organizations, including ILO and UNICEF, on 
issues related to trafficking.  NGO opinions and policy 
recommendations are regularly sought and implemented. 
Civil society is generally weak in Madagascar; their 
participation is limited to a few local NGOs and 
organizations that are actively involved in anti- 
trafficking initiatives. 
 
-- 28 F. The GOM adequately monitors immigration and 
emigration patterns from Ivato International Airport in 
Antananarivo.  Madagascar is an island nation with 5,000 
kilometers of porous and unprotected coastline.  The only 
resources available to patrol the coast consist of a 2003 
USG donation of seven U.S. Coast Guard motor lifeboats. 
There are occasional direct and/or charter flights that 
bypass Ivato and fly directly to the tourist island of Nosy 
Be.  Cruise ships make occasional ports of call around the 
island.  Most travel via the coast occurs by ferry traffic 
between Comoros and Madagascar that is not monitored. 
Recent at-sea disasters have confirmed that Madagascar does 
not track personnel numbers or identification of personnel 
using these ferries.  Monitoring standards for these 
flights and ships are far lower than those employed at 
Ivato. 
 
-- 28 G. In 2004 the GOM created an inter-ministerial anti- 
trafficking committee to coordinate between various 
agencies (see 28B for details).  The government created a 
National Committee to Fight Corruption (CSLCC is the French 
acronym) in September 2002, since renamed the Committee for 
the Safeguard of Integrity (CSI), to design anti-corruption 
policy.  BIANCO, the independent anti-corruption bureau, 
was launched in 2004 to conduct investigations and 
implement CSI directives.  Neither CSI nor BIANCO 
representatives are members of the anti-trafficking or 
child labor committees, but the Embassy has recommended 
their inclusion. 
 
The Government of Madagascar has begun to participate in 
multilateral TIP undertakings.  In addition to its 
participation in the Indian Ocean Children's Rights 
Observatory since 2004, the GOM participated in the 2006 
launch of the UN Secretary General?s study on violence 
against children, which includes trafficking and worst 
forms of child labor. 
 
The GOM has judicial cooperative agreements with France 
(Reunion) and Mauritius that could be used as a basis for 
future multilateral TIP efforts.  The GOM actively 
cooperates with the Seychelles to combat narcotics 
trafficking. 
 
-- 28 H. The GOM has a national action plan in place for 
combating trafficking in persons originally envisioned for 
the period from 2005 through 2009.  The overall objective 
is to eliminate trafficking nationwide and implement the 
"minimum standards" necessary to achieve a Tier One 
ranking.  The plan consists of five strategic axes: (1) 
create and operate the institutional structures necessary 
to combat trafficking (including prosecution measures such 
as specialized police forces against trafficking and child 
labor), (2) rescue and rehabilitate trafficking victims, 
(3) apply existing laws and bring Madagascar's laws into 
conformity with international standards, (4) conduct anti- 
trafficking information and education campaigns, and (5) 
disseminate information on the GOM's efforts in the battle 
against trafficking.  In February 2007, the GOM held 
meetings to adapt and extend the national action plan to 
align with the government development policy, MAP, for the 
period from 2008 through 2012. 
 
 
ANTANANARI 00000221  007 OF 011 
 
 
- - - - - - - - - - - - - - - - - - - - - - - 
INVESTIGATION AND PROSECUTION OF TRAFFICKERS 
- - - - - - - - - - - - - - - - - - - - - - - 
 
-- 29 A.  Since the last TIP report, the GOM has enacted 
new legislation designed to combat trafficking in persons. 
In April 2006, the GOM published a new law to prevent 
trafficking through illegal adoption by centralizing the 
management of adoption requests and by placing children in 
Malagasy homes first.  International adoption requests must 
now go through the Ministry of Foreign Affairs, while 
national requests must go through the Ministry of 
Population.  Newborns must reside with their biological 
mothers for six months before becoming available for 
adoption. 
 
The Ministry of Justice is close to completing the 
following laws designed to combat aspects of human 
trafficking to be presented at the first session of 
parliament in May 2007.  A special commission is working on 
a bill that will bring domestic laws into conformity with 
the terms of the Convention on Transnational Organized 
Crime, including stiff penalties and extradition provisions 
for traffickers.  With the support of the Women's Legal 
Rights Initiative (a USAID-funded program), the Ministry 
completed the first draft of a bill to bring Malagasy laws 
into conformity with the standards established in the 
Convention on the Elimination of All Forms of 
Discrimination Against Women.  In 2006, the Ministry 
finalized a draft of a law on the protection of child 
victims of abuse and violence, including punitive measures 
for the clients of child prostitutes equal to those for 
?pimping? (see 29A-B).  The draft law was vetted in the 
Committee for the Reform of Child Law.  The Ministry also 
completed the text of a decree listing prohibited forms of 
child labor, including prostitution, domestic slavery and 
forced labor; perpetrators will be subject to the 
punishments already outlined in the labor code for illegal 
child labor.  The Ministry of Labor is also finalizing a 
text clarifying the application of the labor code for child 
workers.  Other completed texts that will be presented to 
Parliament in May address raising the legal marriage age to 
18 and the responsibility of parents for their children. 
 
The Ministry of Justice has not completed the trafficking- 
specific law originally promised for October 2006.  While 
they have designed an Action Plan for the drafting and 
implementation of the law, they are requesting the 
technical support of international consultants to ensure 
the text adheres to international standards. 
 
-- 29 B, D, and E. Until all of the aforementioned laws are 
put into place, traffickers remain liable for prosecution 
under several provisions of the Malagasy Penal and Labor 
Codes, including the Penal Code provision prohibiting 
pedophilia, statutory rape and procurement of minors for 
prostitution. 
 
Article 331 of the Penal Code states anyone attempting to 
have non-violent sex with a child under the age of 14 will 
be punished with five to ten years imprisonment and a fine 
of USD 950 to 4,750 (two to ten million Ariary). 
 
According to Article 334-35 of the Penal Code, pimping 
cases involving minors and and/or the use of force carry a 
sentence of five to ten years imprisonment and fines of USD 
1,900 to 9,500 (four to twenty million Ariary).  Pimping of 
adults carries two to five years imprisonment with a fine 
of USD 475 to 4,750 (one to ten million Ariary).  If 
pimping is conducted by an organized group, the punishment 
is forced labor and USD 1,900 to 19,000 (four to forty 
million Ariary).  If torture or barbaric acts are involved, 
the punishment ranges from ?forced labor? to life in 
 
ANTANANARI 00000221  008 OF 011 
 
 
prison. 
 
According to Article 346-47 of the Penal Code, use of 
children in pornography carries a sentence of two to five 
years imprisonment and a fine of USD 950 to 4,750 (two to 
ten million Ariary).  If the child is under 15 years of 
age, this punishment increases to three to ten years 
imprisonment and a fine of USD 1,900 to 9,500 (four to 
twenty million Ariary). 
 
Under the Malagasy Penal Code, the minimum penalty for rape 
is five years detention.  If the rape involves a person 
less than fifteen years of age, the penalty is five years 
forced labor. 
 
Prostitution is not a crime; however, related activities, 
such as pimping, are illegal.  Only clients of underage 
prostitutes can be prosecuted.  However, domestic statutes 
on the subject are sometimes inconsistent, particularly 
with respect to ages.  (Article 331 of the Penal Code 
specifies fourteen as the age of consent.  Article 332 
dealing with rape, uses fifteen as the cutoff age.  Article 
334 provides sentences for those convicted of ?habitually? 
procuring prostitutes under the age of twenty-one and 
?occasionally? procuring prostitutes under the age of 
sixteen.)  There is a regulation (Decree 1111, (1966), of 
the Malagasy Penal Code) barring those under the age of 
eighteen from nightclubs and discotheques and subjecting 
offending owners to fines and jail terms.  The regulation 
is not enforced uniformly due to lack of capacity and 
resources. 
 
-- 29 C. The law stipulates penalties for trafficking for 
labor exploitation, labor recruiters who engage in 
recruitment of laborers using knowingly fraudulent or 
deceptive offers, and employers who switch contracts 
without the worker's consent as a means to keep the worker 
in a state of service.  Article 262 of the Labor Code 
specifies that the penalties for trafficking for labor 
exploitation and ?contractual fraud? are one to three years 
imprisonment and USD 475 to 1,900 (one to four million 
Ariary).  While it is the responsibility of labor 
inspectors to note the infraction, open the investigation, 
and send the case to court, this rarely happens as it is 
difficult to catch an employer in the act. 
 
-- 29 F. As there is no nationwide, centralized database of 
legal cases, the government had difficulty providing 
information on specific trafficking cases.  Officials at 
the Ministry of Justice must call each of the 36 
jurisdictions to obtain statistics on such cases.  In 
addition, the absence of a law specifically defining 
trafficking activities and sanctions makes it difficult for 
government officials to prosecute cases and compile 
reliable statistics. 
 
Still, there were four known cases of trafficking-related 
prosecutions during the reporting period.  In Nosy Be, two 
French men were arrested for statutory rape, convicted and 
deported out of Madagascar.  In late 2006, a Swiss man in 
Nosy Mitsio who frequently took young girls out on his 
sailboat was condemned to five years in prison for 
pedophilia. 
 
On November 14, two Malagasy citizens were condemned to 15 
years labor for abduction, using false papers, and 
trafficking children in an apparent illegal adoption ring. 
A former city official in Antananarivo was sentenced to 12 
months in prison as an accomplice.  The trafficking ring 
allegedly smuggled an unreported number of Malagasy infants 
to Belgium, each at a cost of over 4,000 euros (about USD 
5,000).  According to GTIP guidance, "human trafficking is 
a crime against a victim, involving force, fraud or 
 
ANTANANARI 00000221  009 OF 011 
 
 
coercion to overcome the victim's lack of consent."  In 
concordance, UNICEF confirmed this case does indeed qualify 
as trafficking of children, as the infants were under the 
legal age of consent. 
 
According to official figures, police in the six provincial 
capitals also handled the following crimes related to 
trafficking: one case of trafficking of children, 315 cases 
of statutory rape, 25 cases of child kidnapping, and six 
cases of child abandonment.  Figures for Antananarivo show 
police handled seven cases of child confinement and one 
case of pedophilia. 
 
In addition, the police in major cities continue to enforce 
existing laws barring minors from nightclubs on a regular 
basis and conduct an average of one round-up of nightclubs 
per month. 
 
-- 29 G. There is little credible information on who is 
behind the trafficking.  Embassy contacts believe most 
trafficking situations involve freelance operators for 
personal gain.  For the cases of sex tourism, much of the 
activity is without the coercion of a third party, although 
there are some cases of encouragement or facilitation by 
family, taxi and rickshaw drivers, friends, small hotel 
owners, and tour guides.  In some cases, local officials 
benefit from small "pay-offs" from the suspected pedophile 
hoping to make an arrangement to get out of the situation. 
 
-- 29 H. The government actively investigates cases of 
trafficking to the best of its ability given limited human 
and financial resources.  Planned monitoring of nightclubs 
and schools took place on a smaller scale than originally 
envisioned due to a lack of financial and material 
resources.  Techniques such as electronic surveillance and 
undercover operations are far too costly to be used by the 
GOM.  However, the SSPS has established "morals and minor 
brigades" in three major cities whose prosecution 
activities include conducting traditional investigations of 
a number of child-related issues such as pimping, 
trafficking, and statutory rape. 
 
-- 29 I. With assistance from UNICEF, the GOM is offering 
specialized training for government officials in how to 
recognize, investigate and prosecute instances of 
trafficking.  In 2006, UNICEF collaborated with the SSPS to 
train 700 newly graduated police and inspectors on the 
rights and protection of minors.  They also provided the 
same training to 275 police, gendarmes and other civilians 
involved in children?s issues throughout the country.  In 
collaboration with UNICEF, the SSPS is dividing a training 
manual written by the national Chief of the Minors Brigade 
into four booklets (dealing with questioning and 
interrogation, abuse, law, and prosecution) with an 
expected publication date of March 2007.  The launch of the 
booklets in March will also involve training sessions for 
police. 
 
-- 29 J.  The GOM is beginning to actively cooperate with 
other governments in the investigation and prosecution of 
trafficking cases.  Malagasy police cooperate with 
neighboring countries, as well as with Interpol. 
 
-- 29 K. The GOM does not currently extradite persons 
charged with trafficking in other countries, nor do they 
permit extradition of Malagasy nationals. 
 
-- 29 L. (SBU) This year, there was no evidence of direct 
government involvement in trafficking at the local level. 
However, there is some indication that local officials in 
areas of high sex tourism, who are frustrated by their 
institution's chronic lack of funding and resources for the 
investigation and prosecution of foreign pedophiles, have 
 
ANTANANARI 00000221  010 OF 011 
 
 
developed a certain level of tolerance.  Anecdotal evidence 
also suggests local police and magistrates in these areas 
hesitated to prosecute clients of child prostitutes, 
whether for monetary gain or fear of a diplomatic incident. 
Local officials in Nosy Be reported that pressure from 
parents to keep nightclubs open and offenders out of jail " 
because these may interrupt their source of income " is 
significant. 
 
-- 29 M. There were no prosecutions of government officials 
for involvement in trafficking or trafficking-related 
corruption.  The case of local government officials 
arrested in 2005 for involvement in trafficking through 
illegal adoption is still pending. 
 
-- 29 N. Madagascar has a confirmed child sex tourism 
problem.  The GOM was unable to provide statistics as to 
the total number of foreign pedophiles prosecuted during 
the year.  However, the Embassy is aware of three cases in 
Nosy Be of foreign pedophiles prosecuted in 2006 (see 29F). 
The countries of origin for sex tourists include: France, 
Italy, Spain, Switzerland, Mauritius, and Reunion. 
 
-- 29 O. Madagascar ratified ILO Convention 182 concerning 
the Worst Forms of Child Labor in October 2001 and the ILO 
Convention 29 on Forced and Compulsory Labor in January 
¶1960.  The GOM is drafting different texts, some of which 
have already been approved and implemented, to align 
Malagasy laws with these two conventions.  Madagascar hopes 
to ratify ILO Convention 105 on Forced and Compulsory Labor 
in 2007.  In September 2000, Madagascar signed the optional 
Protocol to the Convention on the Rights of the Child on 
the Sale of Children, Child Prostitution and Child 
Pornography; it was ratified in September 2004.  In 
December 2000, Madagascar signed the Protocol to Prevent, 
Suppress and Punish Trafficking in Persons, especially 
Women and Children, supplementing the UN Convention against 
Transnational Organized Crime; it was ratified in September 
¶2005. 
 
- - - - - - - - - - - - - - - - - - - 
PROTECTION AND ASSISTANCE TO VICTIMS 
- - - - - - - - - - - - - - - - - - - 
 
-- 30 A-B. The GOM bolstered its ability to assist child 
workers through the creation of additional Welcome Centers 
and Provincial Child Labor Monitoring Units.  In September 
2006, a third Welcome Center opened in Tulear to join the 
ones in Antananarivo and Tamatave in providing assistance 
to victims.  With USAID assistance, plans are underway to 
construct a fourth Welcome Center in Nosy Be in 2007.  At 
these centers, rescued children under the age of 15 are 
reintroduced to the educational system; children over 15 
receive vocational training and are placed with EPZ (Export 
Processing Zone) companies.  Welcome Center physicians also 
provide medical and psychological counseling services, 
while Ministry of Labor inspectors teach rescued victims 
job-finding skills.  In 2006, 36 of the 50 child workers 
rescued and taken into the country?s three Welcome Centers 
were either given vocational training or placed back in 
school; 20 additional child workers were identified for 
professional training and 20 others for remedial education. 
The GOM also set up a Provincial Child Labor Monitoring 
Unit in Diego Suarez to join the one operational in 
Antananarivo; it is seeking personnel to staff a third unit 
in Tulear. 
 
The Ministries of Justice and Population collaborated to 
establish counseling centers in Antananarivo and 
Fianarantsoa for adult and child victims of a range of 
abuses, including sexual and commercial exploitation. 
 
Working in coordination with the Ministry of Population, 
 
ANTANANARI 00000221  011 OF 011 
 
 
UNICEF expanded its financial support and technical 
assistance to child rights and protection networks from 
nine to 11 locations.  These multi-sector networks bring 
together government institutions, NGOs and law enforcement 
officials.  Their main activities include: monitoring cases 
of child abuse and reporting them to the authorities, 
raising awareness of child rights and protection, 
strengthening local coordination, assisting children and 
their families with the legal process, and providing 
psycho-social care, rehabilitation and reintegration.  For 
example, the multi-sector network established in Diego 
Suarez brought together 22 entities from different sectors 
to handle individual cases of child prostitution from the 
initial complaint through the trial, including medical 
assistance and legal advice for victims. 
 
-- 30 C. A July 2004 UNICEF project proposal states, "the 
government social welfare system is extremely limited due 
to a lack of human resources with relevant background and 
experience, the lack of government budget for activities 
and low government salaries.  Most welfare services are 
provided by international and local NGOs (like UNICEF)." 
While much of this still holds true, the GOM has made 
steady progress since 2004 to rescue victims and assist 
their reintegration (see 30A-B).  There is no official 
screening process in place to transfer identified victims 
to NGOs for care; however, the three Welcome Centers and 11 
multi-sectoral networks play this role in major cities 
throughout the country. 
 
-- 30 D-F. Victims' rights are generally respected; they 
are never detained, arrested, jailed or fined.  Victims are 
not prosecuted for violations of other laws.  The GOM 
encourages victims to assist in the investigation and 
prosecution of trafficking.  Victims may file civil suits 
or seek legal action against the traffickers, and their 
right to seek legal redress is not impeded.  The GOM 
provides shelter, counseling, and reintegration assistance 
for victims through counseling and Welcome Centers (see 
30A-B).  While the GOM provides legal protection for 
victims (see 29B, D, and E), it does not provide physical 
protection outside of the Welcome Centers. 
 
-- 30 G. Throughout 2006, UNICEF has worked with the SSPS 
to train police officers to recognize trafficking (see 
29I).  UNICEF has also been working with the Ministry of 
Population since 2005 to create an official government 
policy on social protection.  UNICEF provided support and 
technical assistance to the Ecole de Service Social (Social 
Services University) to develop a reference manual for 
social workers on how to deal with child abuse; this manual 
is now being divided into topical booklets for social 
workers. 
 
-- 30 H. There have been no recent cases of repatriated 
nationals who are victims of trafficking. 
 
-- 30 I. NGOs such as UNICEF, Belle Avenir (a Malagasy 
NGO), and Enfants du Monde (a French NGO) have the GOM?s 
endorsement to provide basic counseling services for 
trafficking victims.  Through USAID funding, Catholic 
Relief Services began working with the Ministry of Justice 
and civil society organizations in late 2006 to assist 
victims and at-risk populations in Nosy Be, Tamatave and 
Tulear.  The program in Nosy Be includes the establishment 
of a Welcome Center in 2007 and capacity-building 
assistance to women-led NGOs (some of which include former 
child prostitutes).  The programs in Tamatave and Tulear 
include the establishment of two to three additional 
Welcome Centers, vocational training for local NGOs, and 
income-generating activities. 
 
MCGEE