A Decree of 26 September 1896 abolished slavery in Madagascar for all time. Furthermore, such practices are contrary to the ideals of the Malagasy people, as affirmed in the preamble of the Constitution of 29 April 1959, i.e. a belief in God and the eminent dignity of the human person. It is stated in this preamble that “exploitation of man by man is and shall continue to be prohibited”.
The text of the Decree of 26 September 1896 follows:
“Article 1: All inhabitants of Madagascar are free.
“2. Traffic in persons is prohibited. Any contract, in whatever form, written or verbal, which provides for the sale or purchase of persons shall be null and void and the parties to it shall be liable to a fine of from 500 to 2,000 francs and imprisonment for from two months to two years. In the event of a repetition of the offence, the penalties shall be trebled. The penalties shall be applicable also to the public official fouond guilty of having registered the contract or having helped to ensure its being carried out.
“3. Any person who uses force to entice another person out of his province with a view to selling him, and the public official who, being aware of such use of force, fails to exercise his authority to prevent it, shall be liable to the same maximum penalties.
The individual rights and the fundamental freedoms are guaranteed by the Constitution and their exercise is organized by the law.
All persons have the right to liberty and may not be subject to arrest or arbitrary detention.
No one may be prosecuted, arrested or detained except in cases determined by the law and accordingly to the forms prescribed by it.
Any individual made a victim of illegal arrest or detention has the right to reparation.
The freedoms of opinion and of expression, of communication, of the press, of association, of assembly, of circulation, of conscience and of religion are guaranteed to all and may only be limited by the respect for the freedoms and rights of others, and by the imperative of safeguarding the public order, the national dignity and the security of the State.
Any national Malagasy has the right to leave the country and to return the conditions set by law. Everyone has the right to move and settle freely throughout the territory of the Republic respecting the rights of others and the requirements of the law.
The State protects and guarantees the exercise of the rights that assure the individual the integrity and the dignity of their person, and their full physical, intellectual and moral development.
Work and professional training are, for all citizens, a right and a duty.
Access to the public functions is open to all citizens without other conditions that those of capacity and aptitude.
Nevertheless, the recruitment in the public function may be accompanied by contingencies per circumscription for a time period for which the duration and the modalities will be determined by the law.
Every citizen has the right to a fair remuneration for their work assuring them, as well as their family, an existence in conformity with human dignity.
Anyone who has attempted to morals by inciting, promoting or easier to satisfy the passions of another, debauchery, corruption and child prostitution in one or the other sex is punishable by hard labour.
The removal or non - return of a child is considered unlawful when it takes place in violation of a right of custody, attributed to a person, institution or other body, either alone or jointly, The State in which the child was habitually resident immediately before his removal or return.
Trafficking in persons, including children, as well as sex tourism and incest, constitute offenses.
The following persons are considered as child traffickers:
Acts of participation shall be considered as separate offenses.
Consent of the victim of trafficking in persons operation is deemed null and void, when one of the means set forth in Article 333 quarter was used.
(1) Procuring by assisting or protecting the prostitution of another person or soliciting with a view to prostitution;
(2) Procuring by sharing the proceeds of prostitution;
(3) Procuring through life companionship with a person habitually engaged in prostitution;
(4) Procuring by recruiting, inveigling or maintaining with a view to debauchery;
(5) Procuring by giving another person over to prostitution or debauchery;
(6) Procuring by acting as an intermediary (canvassing, written or oral mediation, soliciting, procuring, touting for custom, etc).
Procuring is a criminal offence punishable by the following: - without aggravating circumstances: a term of imprisonment of from six months to two years and a fine of from 300,000 to 3,000,000 FMG;
With aggravating circumstances (minor victim, crime accompanied by violence, etc); a term of imprisonment of from two to five years and a fine of from 750,000 to 7,500,000 FMG.
Article 334 quinto
Anyone who has engaged in sexual intercourse with a child against any form of remuneration or other benefit shall be punished with imprisonment of two (2) to five (5) years' imprisonment and a fine of one 000,000 to 10,000,000 Ar., Or both.
The attempt is punished with the same penalties.
Article 335: The keeping of a Brothel.
All acts or attitudes of any owner, manager or person placed in charge of a hotel, boarding house, bar, club or dance hall who does not oppose the habitual presence of one or more persons engaging in prostitution in the premises are deemed to be criminal, whether or not the prostitute is a client, tenant.
Father and mother or other ascendants who directly or indirectly encourage child prostitution by allowing it to lead a liberal and independent way of life, favoring the exploitation and / or sex tourism of the child, both at the national level and within the framework (5) to ten (10) years' imprisonment and a fine of 4,000,000 Ar to 20,000,000 Ar, or one of these two penalties only.
The same penalties shall be applied if the author is either the brother or sister of the minor victim or any person who occupies a similar position within the family or any person habitually or occasionally cohabiting with and having authority over the minor victim.
Article 335. 4:
Anyone who has transgressed the rules laid down by the provisions of the Adoption Act for illegal adoption constitutes trafficking, shall be punished with forced labor on time.
Any attempt to traffic, Sexual exploitation in any form whatsoever, sexual tourism and incest which may have been manifested by a commencement of execution, if it has not been suspended, or if it has failed in its effect only by circumstances Independent of the will of its author, shall be regarded as the act itself and shall be punished with the same penalties.
Penalties for offenses of trafficking, sexual exploitation, sex tourism and incest committed on the person of a child are pronounced regardless of the means used to exploit or abuse the victim
Note: Prohibits various forms of child labour, including prostitution, domestic slavery, and forced labour.
Forced or compulsory labor is prohibited.
The term "forced or compulsory labor" means any work or service exacted from an individual under the threat of any penalty for which the individual has not voluntarily offered himself.
The provisions of the preceding paragraph shall not apply in the cases listed below:
Works, services, relief required in the circumstances of accidents, shipwrecks, floods, fires or other calamities, as well as in cases of brigandage, looting, flagrant offenses, public clamor or judicial execution.
Works of collective interest carried out pursuant to a convention freely consented by the members of the fokonolona or in the framework of minor village works and become enforceable.
Work of a purely military nature when required by the legislation on the organization of national defense and works of general interest carried out voluntarily within the framework of the National Service.
Any work exacted from an individual as a result of a conviction pronounced by a court decision, provided that such work or service is carried out under the supervision and control of the public authorities and is intended for realization of work, Public interest.
However, it is prohibited to impose work on persons in preventive detention as well as the free transfer of prison labor to private individuals, companies or legal entities, even if they are responsible for the execution of Public works.
A fine of 1 tapitrisa Ariary or 5,000,000 Fmg shall be punished with 4 tapitrisa Ariary or 20,000,000 Fmg and with imprisonment of one (01) year to three (03) years or one Of these two sentences only:
Any person who, contrary to Article 4, by threat, violence, deceit, fraud or promise, has compelled or attempted to compel a worker to engage against his will or who, by the same means, has attempted to Prevent or have prevented him from hiring or fulfilling the obligations imposed by his contract;
Any person who, by using a fictitious contract or containing inaccurate information, has been hired or voluntarily substituted for another worker;
Any employer or officer or servant who knowingly brings to the employer's register or other document false certifications relating to the duration and conditions of work performed by the worker and any worker who has done so
Knowingly use these certificates;
Any person who has demanded or accepted from the worker any remuneration as an intermediary in the settlement or payment of wages, allowances, allowances and expenses of any kind.
Anyone who has been involved in illegal emigration of Malagasy workers outside the territory in violation of the provisions of Article 43 shall be liable to the same penalties.
Any person who has caused to work in the territory of Madagascar foreigners who have not obtained the prior authorization of the Minister of Labor and any foreigner who has agreed to work in the territory of Madagascar without the said prior authorization shall also be punished with the same penalties.
The recruitment, use, offering and employment of children of either sex for prostitution, production of pornography, commercial sexual exploitation is prohibited.
For the purposes of this Article:
-the term "recruitment, use, exploitation, offering and employment of children" means any act involving the engagement of a child in any sexual activity and the transfer of the child to another person or group of persons for remuneration or promise of benefit of any kind;
-the term "child prostitution" or "commercial sexual exploitation" means any use of a child in sexual activities for remuneration or any other form of benefit;
-the term "child pornography" means any representation, by whatever means, of a child engaged in real or simulated explicit sexual activities, or any representation of the sexual organs of a child for primarily sexual purposes.
Le recrutement, l’utilisation, l’offre et l’emploi des enfants de l’un ou de l’autre sexe à la production et au trafic de stupéfiants sont interdits. On entend par « trafic de stupéfiants » toute offre, mise en vente, distribution, courtage, vente, livraison à quelque titre que ce soit, envoi, expédition, transport, achat, détention ou emploi de drogues.
Forced labour of children
All forms of forced or compulsory labour, including the sale and trafficking of children, the use of children as collateral to pay family debts, slavery and forced or compulsory recruitment for use of children in armed conflict are prohibited. Children should not be compulsorily recruited into the armed forces in any case.
For the purpose of this Article:
-forced or compulsory labour means any work or service exacted from any person under the menace of any penalty and for which the said person has not offered himself voluntarily;
-trafficking in children means the recruitment, transportation, transfer, harbouring or receipt of a child for the purpose of exploitation
The recruitment, transport, transfer, accommodation or reception of a person, by threat or use of force or other forms of coercion, abduction, fraud, deception, abuse of authority or of a position of vulnerability, or by the offer or acceptance of payments or benefits to obtain the consent of a person or a person having authority over another, for the purpose of exploitation of the prostitution of one person or the domestic work of another shall be punishable by imprisonment for a term of 2 to 5 years and a fine of 1. 000.000 Ar to 10.000.000 Ar.
The above punishment shall also be applicable if the perpetrator of the offences referred to in paragraph 1 of this article on the exploitation of the prostitution of others is the spouse or cohabitee or relative of the victim or a minister of religion, health personnel, teacher or a person holding authority or vested with an elective mandate.
The recruitment, transportation, transfer, harbouring or receipt of a person, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person or of a person having control over another person, for the purpose of exploiting the domestic labour of others shall be punishable by imprisonment for a term of 2 to 5 years and a fine of 1. 000.000 Ar to 10.000.000 Ar.
The applicable penalty is 5 to 10 years of imprisonment when the offences referred to in articles 5 and 6 have been committed by an organised criminal group or within the framework of transnational trafficking. Penalties of hard labour for life are applicable when these offences have resulted in death.
Coercion imposed on a person, by threat or violence, to perform work without remuneration or in exchange for remuneration manifestly unrelated to the importance of the work performed constitutes a trafficking offence punishable by imprisonment from 2 to 5 years and a fine from 1,000,000 to 5,000,000 Ar.
Submission to working or housing conditions incompatible with human dignity of a person whose vulnerability or state of dependency is apparent or known to the perpetrator, constitutes a trafficking offence punishable by imprisonment from 2 to 5 years and a fine from 1,000,000 to 5,000,000 Ar. The offence is punishable by hard labour if it is committed against a group of persons or a victim of physical or mental disability, or has caused serious and/or disabling illness. The applicable penalty is 5 to 10 years' imprisonment if the offence was committed by an organised criminal group or in the context of transnational trafficking. Penalties of hard labour for life are incurred if the offence resulted in death.
Forcing someone to enter into marriage, using violence, deprivation of liberty, pressure or other unlawful behaviour or threatening to do so is an offence punishable by imprisonment of 6 months to 2 years and a fine of 500,000 to 2,000,000 Ar or both.
The recruitment, transportation, transfer, harbouring or receipt of a person, by means of the threat or use of force or other forms of coercion, of abduction, of fraud, of deception, of the abuse of power or of a position of vulnerability or of the giving or receiving of payments or benefits to achieve the consent of a person or of a person having control over another person, for the purpose of forced marriage is a trafficking offence punishable by imprisonment for 2 to 5 years and a fine of 1. 000.000 Ar to 5.000.000 Ar. The offence is punishable by the penalty of hard labour in time, if it is committed against a particularly vulnerable group of persons or victim, including a person suffering from a physical or mental disability. In the context of the activities of an organised criminal group or in the context of transnational trafficking, the applicable penalty is 5 to 10 years' imprisonment at hard labour for life if the offence has resulted in death.
It is an offence to carry out any act or any transaction involving the transfer of any person to another person for remuneration or any other benefit, punishable by imprisonment from 5 to 10 years and a fine from 4,000,000 to 20,000,000 Ar. Penalties of hard labour for life shall be incurred if the offence has resulted in death.
The recruitment, transportation, transfer, harbouring or receipt of a person by means of the threat or use of violence or force or other forms of coercion, of abduction, of fraud, of deception, of abuse of authority or of a position of vulnerability, or by offering or accepting payments or benefits to obtain the consent of a person or a person having control over another, for the purpose of civil debt bondage, is a trafficking offence punishable by imprisonment for 2 to 5 years and a fine of 1. 000.000 Ar to 5.000.000 Ar. Within the framework of the activities of an organised criminal group or within the framework of transnational trafficking, the applicable penalty is 5 to 10 years of imprisonment The penalty of forced labour for life is incurred if the offence has resulted in death.
The recruitment, transportation, transfer, harbouring or receipt of a person by means of the threat or use of violence or force or other forms of coercion, of abduction, of fraud, of deception, of abuse of authority or of a position of vulnerability, or by the offer or acceptance of payments or benefits to obtain the consent of a person or a person having authority over another, for the purpose of exploiting the begging of others shall be punishable by imprisonment for a term of 2 to 5 years and a fine of 1. 000.000 Ar to 10.000.000 Ar. Within the framework of the activities of an organised criminal group or within the framework of transnational trafficking, the applicable penalty is 5 to 10 years of imprisonment.
Is punishable by a prison sentence of 5 to 10 years and a fine of 4,000,000 Ar to 20,000,000 Ar the fact of obtaining from a person one of his organs, with or without his consent in return for payment or any other benefit, whatever the form. Is punishable by the same penalties, the fact of bringing its assistance to facilitate the obtaining of an organ in return for a payment or any other benefit, or of transferring for a consideration such an organ from the body of another person. The same penalties shall be incurred when the organ obtained under the conditions provided for in the first paragraph comes from a foreign country. The offence shall be punishable by hard labour if it is committed against a group of persons or has caused serious or disabling illness. In the context of the activities of an organised criminal group or in the context of transnational trafficking, the applicable penalty is 5 to 10 years' imprisonment at hard labour for life if the offence has resulted in death.