MADAGASCAR

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State Report Complimentary Report Concluding Observation Follow Up Mission Report
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Commission Nationale Indépendante des Droits de l’Homme (CNIDH)

The law establishing the Commission requires that the CNIDH has 11 Commissioners, including one representative of associations working to protect children’s rights. However, there is no specific department dealing with children’s rights but, protection and protection of children’s rights is amongst its priorities.

No specific budget for children’s rights. The general budget of the Commission is included in the Finance Law. The complexity of financial orthodoxy does not always make it possible to release the financing of activities in time.

The membership of the CNIDH was renewed in 2021 after four years of mandate. The current team has not yet had the opportunity to collaborate with the African Committee of Experts on the Rights and Welfare of the Child. The law establishing the CNIDH requires the Commission to collaborate with regional and international treaty bodies of ratified instruments, and that the Commission should take part in the drafting of periodic reports. Through this survey, the CNIDH expressed its interest in collaborating with the ACERWC and called for more information, recommendations and guidelines to enable it honour this mandate to work in close collaboration with the Committee in promoting and protecting children’s rights in Madagascar.

  • Signed a capacity building plan with International Bureau for Children’s Rights (IBCR) in October 2022
  • A partner of the Civil Society Platform for C h i l d r e n .
  • One of its 11 Commissioners comes from the Civil Society Platform.

As part of the awareness-raising missions on the rights of the child, the methodology adopted by the Commissioners consists of dialogue with the children in focus groups so that each of them can express themselves and share their opinions. However, the CNIDH in Madagascar does not yet have the necessary expertise and infrastructure for engaging with children or to receive their complaints or hear from children who are victims of abuse. As such, child participation is one of the missing elements for strengthening the child protection system in the work of the CNIDH. However, for difficult cases, the CNIDH refers parents to the competent authorities.

In Madagascar, the CNIDH works closely with the Police and the Department of International Relations and Human Rights of the Ministry of Justice for matters related to children’s rights. The head of the Protection Department and the Vice President of the Commission are Magistrates who possess a strong understanding of legal principles concerning children, facilitating effective case management and collaboration with the Judiciary and access to the Courts. The Commission also works with the Ministry of Population during the organisation workshops.

  •  NANHRI is an essential partner of CNIDH and the Commission is a member of NANHRI
  •  NANRHI has actively participated in helping CNIDH to adhere to the Paris Principles and to acquire ‘A’ status with GANHRI in 2019
  •  CNIDH is doing its best to ensure its presence within the NANHRI by attending the various Assemblies, workshops, symposia or participating in studies that the NANHRI organizes

The NCIDH, through its protection department, uses the Charter when carrying out awarenessraising missions and information sharing campaigns on children’s rights, in schools, within universities, in prisons or within local communities. It focuses on African regional texts since these texts best reflect the local realities in Madagascar. The Commission, however, indicated, its lack of the necessary tools and expertise to promote the Charter in more detail and that it requires to build its capacity.

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