Committee on the Elimination of Discrimination against Women

Fifty-first session

13 February–2 March 2012

Concluding observations of the Committee on the Elimination of Discrimination against Women: Madagascar

Addendum

Response by Madagascar to the follow-up recommendations contained in the concluding observations of the Committee following the consideration of its fifth periodic report (CEDAW/C/MDG/CO/ 5)

Reply to paragraph 19 of the Committee’s concluding observations

1.The Ministry of Justice of Madagascar has taken measures to prevent violence against women and girls and to protect them from such violence.

2.These measures include the production and distribution of educational films, the dissemination of the current legislation and the development of awareness-raising materials.

3.Audio-visual material is used to draw attention to trafficking in persons in its various forms, more specifically, trafficking in women and children. The educational films were produced with the support of the United Nations Development Programme (UNDP).

4.The first film, Aina, was broadcast on the national television channel. In it different kinds of violence against women, including domestic violence, which is prohibited by law, are depicted. The aim of the film is to make justice officials and the general public aware that marital rape is a crime by informing them about the laws on rape and about the procedures involved in bringing cases to court, conducting trials and awarding compensation to victims.

5.The second film, Fandrika, concentrates rather on trafficking in women and girls. It deals with the relevant laws and procedures, the legal obligation to report cases and the options available to victims wishing to sue for damages who are minors.

6.New laws on violence against women are in place, including:

Act No. 2000-021, amending and supplementing certain provisions of the Criminal Code relating to violence against women and indecent assault. This law prohibits acts such as assault and battery of parents by children, whether legitimate or illegitimate, or of a spouse or a pregnant woman, as well as indecent assault and, lastly, sexual harassment.*

Act No. 2007-038, amending and supplementing certain provisions of the Criminal Code relating to trafficking in persons and sex tourism.

Paragraph 21

7.The above-mentioned new laws have already been implemented. They include provisions on penalties applicable to the perpetrators of acts of violence against women and girls.

8.The Ministry of Justice, in partnership with the United Nations Children’s Fund (UNICEF), UNDP, the United Nations Population Fund (UNFPA) and the Office of the United Nations High Commissioner for Human Rights (OHCHR) has run a series of training sessions for law enforcement officials on the implementation of the new laws. These sessions took place:

From 14 to 17 September 2009, at Mantasoa, on the theme of “Human rights in the administration of justice, including the application of CEDAW”

From 1 to 5 December 2009, at Tuléar

From 6 to 9 December 2009, at Antsiranana

At the National School of the Judiciary and Court Officers

9.In some jurisdictions, a Trano Aro Zo (legal aid centre) has been set up to provide information free of charge on such matters as the procedures for filing complaints with the authorities.