Comments adopted by the CEACR: Cabo Verde

ADOPTED_BY_THE_CEACR_IN 2022

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Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee welcomed the incorporation into the Penal Code of section 271-A, which provides a definition of trafficking in persons for both sexual and labour exploitation and establishes applicable penalties. The Committee asked the Government to provide information on progress made in the adoption of specific legislation on trafficking in persons encompassing measures for prevention, suppression and victim protection.

The Committee notes the Government’s indication that in 2018, the “National Plan to combat human trafficking” (Resolution No. 40/2018) was adopted and that numerous activities to publicize the Plan and to raise public awareness of trafficking were implemented between 2018 and 2020. The Committee notes with interest that the goal of the National Plan is to implement comprehensive, effective responses to combat trafficking in persons through a holistic approach to the problem focusing on the following four strategic components: (i) strengthening the legal and institutional framework; (ii) prevention of trafficking; (iii) prosecution of the crime of trafficking; and (iv) protection and support for victims. It also provides for the establishment of the “Observatory for monitoring and rapid identification of trafficking situations”. The Government also refers to training given in 2018 to entities responsible for prosecution of the crime of trafficking, which encompassed understanding of the concept, the legal framework, and investigation and prosecution procedures to be adopted. The Government indicates that in 2019, one case of trafficking for exploitation was investigated and referred to the justice system. The Observatory supported and assisted the four victims concerned throughout the proceedings. Lastly, the Government emphasizes that the “2nd Plan of Action for immigration and the special inclusion of immigrants (2018–21)” establishes measures for reinforcing mechanisms for the social inclusion of immigrants and better knowledge of their rights. In this regard, the legal provisions regarding foreign citizens’ entry into, residence in, and departure and expulsion from Cabo Verde territory (Act No. 66/VIII/2014, as amended), provide that foreign citizens who are victims of trafficking shall be eligible for a residence permit (section 61). The same applies to victims of labour exploitation, especially those subjected to abusive working conditions, who report their situation and cooperate with the authorities (section 63(g)).

The Committee notes this information and encourages the Government to continue taking steps to combat the trafficking of persons for both sexual and labour exploitation. The Committee requests the Government to provide information on the implementation of the four strategic components of the “National Plan to combat human trafficking”, the results achieved and any difficulties encountered. In particular, the Committee requests the Government to step up efforts and reinforce resources for the competent authorities to improve identification of cases of trafficking in persons, and in this context to clarify the role and action of the “Observatory for monitoring and rapid identification of trafficking situations”. The Committee also requests the Government to provideinformation on investigations conducted, prosecutions initiated and convictions handed down on the basis of section 271-A of the Penal Code.

Article 2(2)(c). Penalty of community work. Referring to section 71 of the Penal Code, the Committee previously noted that the penalty of community work – an alternative penalty to imprisonment – could be handed down without the consent of the convicted person and performed for the benefit of private entities. The Committee asked the Government to ensure that persons sentenced to community work are not obliged to carry out work for profit-making private entities. The Government reiterates that the social reintegration services are responsible for coordinating the public entities and private persons interested in receiving persons performing community work sentences. The Government also provides the list of beneficiary entities and work done. The Committee notes that, as provided for in Order No. 5/2009 of 16 February 2009 establishing procedures and rules for promoting the application and implementation of the penalty of community work, the work done is in the public interest and the beneficiaries are public entities or private associations. Recalling that the penalty of community work is handed down without the consent of the convicted person and that the work can be done for a private entity, the Committee requests the Government to continue ensuring that the work done is indeed in the public interest and that the entities for which the work is performed are not profit-making, and to provide information on this matter.

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Article 1 of the Convention. National policy designed to ensure the effective elimination of child labour. In response to its previous comments, the Committee notes the Government’s information in its report, according to which the vast majority of activities of the National Action Plan for the Prevention and Elimination of Child Labour (PANPETI) have been implemented, but that remaining measures include strengthening social action, combating poverty and ensuring access to education, as well as measures to strengthen institutional capacities and raise awareness on child labour. The Government indicates that the PANPETI is being evaluated.

The Committee further notes the Government’s information that it is working with other Member States of the Community of Portuguese-speaking Countries (CPLP), namely Angola, Brazil, Guinea-Bissau, Mozambique, Portugal, Sao Tome and Principe and Timor-Leste, to implement the joint 2021–25 CPLP Action Plan against Child Labour. The 2021–25 CPLP Action Plan was approved at the 14th meeting of CPLP Ministers of Labour and Social Affairs on 30 March 2021, with the main objective of combating child labour in CPLP Member States through: (i) improving the understanding of child labour to inform the development of policies and programmes; (ii) strengthening the capacity of relevant stakeholders in each Member State; (iii) increasing political dialogue with a view to adopting public policies that will effectively support the fight against child labour; (iv) fostering and strengthening multilateral technical cooperation among CPLP Member States and with the ILO; and (v) promoting the exchange of experiences and work done among the CPLP Member States. In addition, the Committee notes that, according to information available to the ILO, various awareness-raising activities are being implemented in the framework of the EU-funded Trade for Decent Work (T4DW) project, such as the publication of a children's comic book on child labour and a march alluding to the World Day against Child Labour, in partnership with the Cabo Verdean Institute for Children and Adolescents (ICCA), which is one of the main organizations driving the development of policies to protect the rights of children in the country. The Committee requests the Government to provide information on the measures taken within the framework of the 2021-25 CPLP Action Plan against Child Labour and of the T4DW project with a view to progressively eliminating child labour, particularly in the informal economy, and the results achieved.

Article 2(1). Scope of application. Children working in the informal economy. Following its previous comments, the Committee notes the Government’s information that, while section 408 of the Labour Code is understood to apply to the exploitation of child labour in any form, there are no records of the practical application of this provision. The Government indicates that the General Labour Inspectorate has not reported any cases of complaints regarding the exploitation of child labour, and that it is not aware of any legal decisions made in this regard.

The Committee notes the Government’s indication, however, that, according to information from the General Labour Inspectorate, although child labour is not observed in the formal sector in Cabo Verde, cases have been observed in the informal sector, in particular in fishing, agriculture, street trading and street car washes. Moreover, the Committee takes note of the concern expressed by the United Nations Human Rights Committee regarding existing child labour in the country, including in agriculture and in the form of begging and selling goods on the streets (CCPR/C/CPV/CO/1/Add. 1, paragraph 25). Similarly, the United Nations Committee on Migrant Workers expressed serious concern about reports that children are employed as domestic workers (CMW/C/CPV/CO/1-3, paragraph 37). In this regard, the Committee notes that, in the framework of T4DW project, three tripartite workshops were held on child labour, namely in the fishing, agriculture and domestic sectors. One of the main recommendations that emanated from these workshops was the need to strengthen the inspection capacity in these sectors. Recalling that the Convention applies to all sectors of the economy and all forms of work, the Committee encourages the Government to take the necessary measures – in the framework of the T4DW project or otherwise – to ensure that the protection afforded by the Convention is enjoyed by all children, including those in the informal economy. In this regard, the Committee calls on the Government to strengthen the capacity and expand the reach of the labour inspectorate in the informal economy to address child labour in this sector, and to provide information on the measures taken in this regard.

Practical application of the Convention. Following its previous comments, the Committee notes the Government’s information that, from 2018 to June 2021, the ICCA received 92 complaints of cases of child labour. In such cases, the parents receive assistance and guidance and the children are integrated into protection programmes. In some instances, these cases are forwarded to the Public Prosecutor’s Office, which examines them and may apply criminal penalties, where necessary. The Government further indicates that the employment rate among individuals aged 1017 years has reduced over time to 1.4 per cent in 2020, that this rate has hardly changed since 2017, and that it is higher among boys (2.1 per cent) in comparison to girls (0.7 per cent).

The Committee notes that a new child labour survey is planned to be carried out by the National Institute of Statistics (INE), with ILO support. The updating of child labour data was recommended during a workshop on child labour and forced labour held in Praia in the context of the T4DW project. The Committee requests the Government to continue providing information on the manner in which the Convention is applied in practice, including the number and nature of reports or complaints on child labour received by different responsible mechanisms, as well as investigations carried out and penalties imposed where violations are detected by law enforcement agencies. It requests the Government to provide the information gathered by the INE once the new child labour study is carried out and finalized.

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Article 3(1) and 3(2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee previously noted with regret that the list of hazardous types of work prohibited for children in different industries and which was adopted by Act No. 113/VIII/2016 on 10 March 2016 only applies to children under 16 years of age. The Committee takes note of the Government’s indication, in its report, that the list of hazardous types of work does not fully comply with the requirements of the Convention. The Committee notes that, in the framework of the EU-funded Trade for Decent Work (T4DW) project, the review of the list of hazardous types of work is intended.

The Committee once again reminds the Government that, by virtue of Article 3(1) of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. It once again emphasizes that the authorization to undertake hazardous work from the age of 16 years is a limited exception to the general rule on the prohibition of young persons under 18 years performing hazardous work, and that it does not constitute an unqualified authorization to engage in hazardous work as from the age of 16 years (2012 General Survey on the fundamental Conventions, paragraph 379). The Committee therefore urges the Government to take the necessary measures, in the framework of the T4DW project, to ensure that the review of the list of hazardous types of work raise the general minimum age for admission to hazardous work to 18 years, and to ensure that no child under the age of 18 shall be authorized to engage in hazardous work, other than in the exceptional cases allowed by Article 3(3) of the Convention. It requests the Government to provide detailed information on the progress made in this regard.

Article 3(3). Admission to types of hazardous work from the age of 16 years. The Committee, once again observing that Act No. 113/VIII/2016 does not require any conditions to be met prior to authorizing the employment of young persons from 16 to 18 years of age in hazardous work, recalls that, under the terms of Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize the employment of young persons between 16 and 18 years of age in hazardous work provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore urges the Government to take the necessary measures, in the framework of the review of the hazardous work list intended by the T4DW project, to ensure that the performance of hazardous tasks by young persons aged from 16 to 18 years is authorized only as prescribed by Article 3(3) of the Convention. It requests the Government to provide detailed information on the progress made in this regard.

The Committee is raising other matters in a request directly addressed to the Government.

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Article 3(a) of the Convention. Worst forms of child labour. Slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously requested the Government to provide information on the application in practice of section 271A of the Penal Code, which criminalizes the sale and trafficking of persons, including minors, for purposes of sexual or labour exploitation. The Committee notes with concern that the Government does not provide this information. In this regard, the Committee notes the concern expressed by the United Nations Human Rights Committee, in its concluding observations of 3 December 2019, regarding the absence of sufficient information about investigations, prosecutions and convictions of those engaged in trafficking activities (CCPR/C/CPV/CO/1/Add.1, para. 25). This concern is echoed by the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW), in its concluding observations of 2 June 2022, with regard to the low number of investigations, prosecutions and convictions of perpetrators of trafficking offences, given that no case of trafficking in persons of children has yet been detected, and the difficulties faced in providing disaggregated data according to the information provided by the State party (CMW/C/CPV/CO/1-3, para. 69.). The Committee therefore requests the Government to strengthen its efforts to ensure the effective enforcement of section 271A of the Penal Code and to gather and provide information on its application in practice, including the number of investigations, prosecutions and convictions, as well as sanctions imposed with regard to the sale and trafficking of children under 18 years.

Article 3(b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee notes that the Government provides detailed information in its report on several measures taken to strengthen the legislative framework on sex crimes committed against children in order to respond to the rise in such acts that has been observed in recent years, a situation that, according to the Government, illustrates the shortcomings of the existing punitive penal system. Such measures include the amendment of the Cabo Verdean Penal Code through Act No. 117/IX/2021 of 2021 to include separate provisions on sex crimes, including a new section 150-A on child pornography which covers not only digital pornography offences, but pornography in all its forms. The Government indicates that the amendments were introduced to create a robust and effective code on child sex crimes that aligns with international provisions on child protection.

Moreover, the Committee takes note of the information provided by the Government on the interventions carried out in the scope of the National Plan of Action to Combat Sexual Violence 2017–19, including the promotion of measures to improve the legal framework on sexual exploitation and abuse in order to strengthen institutional capacities of the safety and justice systems. These include the training of judges and the creation of dedicated courts for families, children and labour within certain districts. In addition, the Committee notes that, in the framework of the implementation of the EU-funded Trade for Decent Work (T4DW) project, a tripartite workshop on sexual exploitation in the tourism sector was held in September on the island of Sal, at the end of which the participants recommended police training on child sexual exploitation and a pilot project to identify, support and monitor child victims of sexual exploitation.

The Committee notes, however, that the Government offers no information in response to its previous request to provide information on the application in practice of the sections of the Penal Code which prohibit the use, procuring or offering of a child for prostitution or pornography. Moreover, it notes the concern expressed by the United Nations Committee on the Elimination of Discrimination against Women (CEDAW) at the low rate of investigations, prosecutions and convictions for cases of exploitation of prostitution, as well as the limited support and redress provided to victims. The CEDAW also expresses concern at the cases of parents encouraging their daughters to be exploited in prostitution to obtain immigration visas or to support the family financially, and cases of girls as young as 12 years of age who have been sexually exploited in exchange for drugs (CEDAW/C/CPV/CO/9, para. 23). The Committee therefore urges the Government to take the necessary measures – in the framework of the T4DW project or otherwise – to ensure the application in practice of sections 145A, 148, 149 and 150 of the Penal Code and to provide information in this regard, including the number of investigations, prosecutions and convictions, as well as sanctions imposed with regard to the use, procuring or offering of a child under 18 years of age for prostitution, for the production of pornography or for pornographic performances.

Articles 3(d) and 4(1). Hazardous work. With regard to the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its detailed comments under the Minimum Age Convention, 1973 (No. 138).

The Committee is raising other matters in a request addressed directly to the Government.

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Articles 5, 6 and 7(2)(a) and (b) of the Convention. Monitoring mechanisms, programmes of action and time-bound measures. Preventing children from engaging in and removing them from the worst forms of child labour, and ensuring their rehabilitation and social integration. National Action Plan against Trafficking in Persons 2018–21. With regard to the Committee’s previous request to provide information on the National Action Plan against Trafficking in Persons (PNCP), the Government provides detailed information on the measures taken at three levels: (i) the training of judges, public prosecutors, agents from the national police and the Policia Judiciára (national crime agency) and other officers, on trafficking in persons, focusing on investigations and prosecutions; (ii) prevention of trafficking through public awareness through various means, including radio, television and social media; and (iii) assistance to victims through a training to strengthen the capacities of national stakeholders from the public sector and civil society to identify and assist victims of trafficking, and support provided to victims of trafficking (such as food, accommodation, communication) to ensure the victims’ safety and decent living conditions. The Committee further notes that, according to the concluding observations of the Committee on the Protection of the Rights of All Migrant Workers and members of their families (CMW) of 2 June 2022, the Observatory for Monitoring and Rapid Identification of Human Trafficking was established in 2019. According to the CMW, however, there is a lack of information concerning the existence of a formal mechanism for the referral of victims of trafficking and a low number of government-funded shelters for victims of trafficking (CMW/C/CPV/CO/1-3, para. 69). The Committee requests the Government to provide information on the results achieved through the implementation of the PNCP, in particular in terms of: (1) the training of law enforcement agencies on combating the trafficking of children, and (2) the number of children withdrawn from trafficking and rehabilitated. It also requests the Government to provide information on the functioning of the Observatory for Monitoring and Rapid Identification of Human Trafficking, and on the number of child victims of trafficking identified through its work.

Article 7(2). Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee notes the Government’s detailed information provided in response to its request to provide statistics on school enrolment, attendance and completion rates. The Committee notes, in particular, that in the 2020–21 academic year, there was a net enrolment ratio of 90.5 per cent in compulsory basic education and a dropout rate of approximately 1 per cent (with a dropout rate from the seventh and eighth grades of around 3 per cent). In secondary school, the national net enrolment ratio was around 61.2 per cent and was higher among girls (68.3 per cent) than among boys (53.9 per cent). The Government indicates that the secondary school pass rate was 75.3 per cent and the dropout rate was 3 per cent. According to the Government, the greatest challenge is to ensure that children remain in the system and achieve academic success.

In this regard, the Committee takes note with interest of the detailed information provided by the Government regarding the wide range of measures taken to improve the functioning of the education system, including by increasing school enrolment, attendance and completion rates. In particular, it notes that Cabo Verde has extended its School Social Welfare programme to children from low-income households and those with special needs. Its main objective is to help to combat social exclusion and reduce the school dropout rate by promoting equality of opportunity in education. The normal operation of this programme is ensured through the strengthening of the school transport programme, nutrition support, health at school and school kits to minimize the effects of drought and COVID-19. The Committee takes due note of the detailed statistics provided by the Government regarding the number of children and adolescents who have benefited from these measures and from scholarship grants.

Furthermore, the Government indicates that it has expanded free, compulsory education up to the twelfth grade as a way to ensure access to education and enable young persons to prepare for life and entry into the labour market. Moreover, the administration of the school system continues to be expanded, reorganized and modernized, including by: (i) implementing the Integrated School Administration System (SIGE) in all basic and secondary schools; (ii) strengthening the WebLab project between 2018-20, through which different training modules were made available to students from the seventh to twelfth grade in various areas (robotics, computer programming, etc.); (iii) consolidating the new administrative model for school districts and covering administrative and teaching costs to increase the autonomy of schools and enable them to respond to education-related challenges; and (iv) developing and implementing a new curriculum and reviewing and teaching new learning materials, paying special attention to literacy. Finally, the Committee takes note also of the wide range of measures the Government is intending to take to implement its vision for the future, which seeks to strengthen the education system to ensure that it is grounded in knowledge, universalize and improve preschool education, enhance basic education, and continue to reform both general and technical secondary education. The Committee encourages the Government to continue taking measures to improve the functioning of the education system, including by increasing the school attendance and completion rates at both primary and lower secondary levels. It also requests the Government to continue providing information on the results achieved in this regard.

Clause (d). Identifying children at special risk. Street children. Following its previous request that the Government provide information on the number of children removed from the streets and given education and assistance pursuant to programmes implemented by the ICCA, the Committee notes the Government’s information that in 2019 and 2020, the ICCA, through the Nôs Kaza centres in the cities of Praia and Santa Maria (Sal), assisted 196 street children and developed initiatives to economically empower several families (particularly mothers) of children supported by these centres. In 2021, a project was launched to strengthen the ICCA’s capacity to provide a targeted response to street children on the islands of Boavista, Sal and São Vicente and in the city of Praia. The Government indicates that the joint work done by the ICCA and non-governmental organizations, such as Aldeia SOS on the island of São Vicente, has had a positive impact on street children and has helped to prevent the problem from spreading exponentially in urban centres and the islands that benefit from tourism. The Committee requests the Government to continue its efforts to remove children from the streets and provide assistance for their rehabilitation and social integration. It requests the Government to continue providing information on the number of children removed from the streets and given education and assistance by the Nôs Kaza centres and pursuant to any other programmes implemented by the ICCA.

Article 8. International cooperation and assistance. Poverty reduction programmes. Social protection. The Committee notes the Government’s information on the social protection programmes it is implementing to address the needs of low-income and vulnerable families. In particular, the Committee notes that the Government is implementing a social inclusion income programme (RSI, a direct cash transfer scheme), which enables families to obtain a basic level of subsistence and take advantage of economic opportunities and income-generating activities for a limited time. In addition, the Food Assistance Programme, established through Resolution No. 58/2020 of 30 March 2020, aims to help the most vulnerable families to cover their basic nutritional requirements, particularly among households with children who benefit from the School Canteen Programme. The programme has supported around 154,419 beneficiaries (32,495 households).

The Committee further takes note of the Childcare System, which provides universal access to preschool education to children aged four to six years from vulnerable and low-income families and children with special needs. Other measures that have made an impact in the fight against child labour include the provision of care services by the ICCA through day centres and social protection centres, which have helped children to avoid academic failure and remain in school, and have protected children from sexual exploitation and abuse, child labour and other risks that can harm the physical and psychological well-being of children and adolescents. Noting that poverty reduction programmes contribute to breaking the cycle of poverty, which is essential for the elimination of the worst forms of child labour, the Committee encourages the Government to pursue its efforts to continue to implement social protection programmes to address the needs of low-income and vulnerable families. It requests the Government to provide information on the results achieved, especially with regard to the effective reduction of poverty in vulnerable households and the impact observed on the elimination of the worst forms of child labour.

Comments adopted by the CEACR: Cabo Verde

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