Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

Worst Forms of Child Labour Convention, 1999 (No. 182) - Cabo Verde (Ratification: 2001)

The Committee takes note of the Government’s first report and asks the Government to provide information on the following points.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. According to information available at the Office, the Government is currently revising the Labour Code. The Committee hopes that the draft reform of the Labour Code will be adopted shortly and asks the Government to provide information on any progress in this regard. It furthermore requests the Government to provide a copy of the new Penal Code.

In its concluding observations (CRC/C/15/Add.168, paragraphs 12 and 13) of November 2001 on the initial report of Cape Verde, the Committee on the Rights of the Child noted the National Plan of Action for childhood and adolescents but observed that it had not been implemented. It accordingly recommended that the Government update and implement the Plan at national and local levels and in accordance with the principles and provisions of the Convention on the Rights of the Child. The Committee hopes that the Government will update and implement the abovementioned Plan of Action. It requests the Government in this connection to provide information on the Plan, particularly on any measures taken under it to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. In this respect the Committee reminds the Government of its obligations under Article 1 to take immediate measures to prohibit and eliminate the worst forms of child labour.

Article 3. Worst forms of child labour. Clause (a). Slavery or similar practices. 1. Sale and trafficking of children. The Committee notes that serious crimes such as child trafficking are punished by virtue of article 73(6) of the Constitution. It observes, however, that there appears to be no provision in the national legislation that prohibits the sale or trafficking of children for purposes of sexual or economic exploitation. In its concluding observations on the initial report of Cape Verde in November 2001 (CRC/C/15/Add.168, paragraph 59), the Committee on the Rights of the Child expressed concern that, with increasing tourism, sexual exploitation of children may increase and that there may be incidents of trafficking in children. The Committee reminds the Government that Article 3(a) of the Convention covers the sale and trafficking of children under 18 years of age for the purpose of sexual or economic exploitation. Moreover, according to Article 1 of the Convention, each Member which ratifies the Convention must take immediate and effective measures to secure the prohibition and elimination of this form of child labour as a matter of urgency. The Committee accordingly asks the Government to take the necessary steps to ensure that the sale and trafficking of children under 18 years of age for the purpose of sexual or economic exploitation is prohibited. It also asks the Government to make provision for penalties in this respect.

2. Forced or compulsory recruitment of children for use in armed conflict. The Committee notes that Cape Verde ratified the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict on 10 June 2002. The Committee notes in this connection that the Government entered a reservation to the protocol on the grounds that by virtue of Decree No. 6/93 of 24 May 1993 and Decree No. 37/96 of 20 September 1986, the minimum age for voluntary enrolment in the armed forces is 17 years. The Government also indicates in the reservation text that although section 8 of Decree No. 6/93 provides that in wartime the minimum age for recruitment may be amended, in no event may it be lower than 17 years given that Cape Verde is a party to the Convention on the Rights of the Child and the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict. The Committee infers from this that by virtue of the reservation a child aged 17 may be forced to enrol in the armed forces in wartime. The Committee reminds the Government, however, that, by virtue of Article 3(a) of the Convention, the forced or compulsory recruitment of children under 18 years of age for use in armed conflict is considered as one of the worst forms of child labour. It accordingly requests the Government to take the necessary steps to ensure that no child under 18 years of age is recruited for use in armed conflict, and to provide for appropriate and effective penalties in this respect.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee notes that serious crimes such as sexual abuse or exploitation are punished under article 73(6) of the Constitution. The Committee observes that national laws or regulations seem to make no provision for prohibiting the use, procuring or offering of children under 18 years of age for prostitution. The Committee further notes that in its concluding observations on the initial report of Cape Verde in November 2001 (CRC/C/15/Add.168, paragraph 59), the Committee on the Rights of the Child expressed its concern at practices of sexual violence and exploitation of children, including child prostitution, primarily affecting girls but also including boys, such as on the island of Sal. The Committee reminds the Government that according to Article 3(b) of the Convention, the use, procuring or offering of a child under 18 years of age for prostitution is considered as one of the worst forms of child labour. It accordingly requests the Government to take the necessary steps to prohibit the use, procuring or offering of a child under 18 years of age for prostitution as a matter of urgency. The Government is likewise asked to make provision for penalties in this respect.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. The Committee observes that there appears to be no provision in national laws or regulations prohibiting the use, procuring or offering of children under 18 years of age for the production of pornography or for pornographic performances. It accordingly asks the Government to indicate the measures taken or envisaged to prohibit the use, recruitment or offering, by all persons, of children under 18 years of age for the production of pornography or for pornographic performances, in accordance with Article 3(b) of the Convention. It likewise requests the Government to adopt provisions imposing appropriate penalties for these offences.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee notes that section 8 of Act No. 78/IV/93 of 12 July 1993 to punish the production and trafficking of illicit substances provides that the penalties for the offences established in sections 3 and 7 (production and trafficking of illicit substances) will be increased by one-quarter if the substances or preparations were delivered to or intended for minors under 18 years of age. The Committee notes, however, that Act No. 78/IV/93 of 12 July 1993 does not prohibit the use, procuring or offering of a child under 18 years of age for illicit activities including the production and trafficking of drugs. It reminds the Government that by virtue of Article 1 of the Convention, each Member which ratifies it must take immediate and effective measures to secure the prohibition and elimination of the worst forms of child labour as a matter or urgency. The Committee therefore asks the Government to indicate the measures taken or envisaged to ensure the prohibition and elimination of the use, procuring or offering of children under 18 years of age in particular for the production and trafficking of drugs, as defined in the relevant international treaties, in accordance with Article 3(c) of the Convention.

Clause (d). Hazardous work. The Committee notes that according to section 2 of Legislative Decree No. 62/87 of 30 June issuing general regulations on employment relationships, its provisions apply to all labour contracts to be performed in Cape Verde. The Committee observes that by virtue of this provision, Legislative Decree No. 62/87 does not apply to children under 18 years of age who engage in hazardous work but have no contractual employment relationship. The Committee requests the Government to indicate the manner in which the national legislation provides that these children have the protection afforded by Article 3(d) of the Convention against being employed in work which, by its nature or the circumstances in which it is carried out, is liable to harm their health, safety or morals.

Article 4, paragraph 1. Determination of types of hazardous work. The Committee notes that under section 17(2) of the Minors’ Code, no minor (someone who has not reached the age of 18 years - section 4) may be forced or authorized to accept an occupation or job that harms the minor’s health, education or physical, mental or moral development. It further notes that under section 158(1) of Legislative Decree No. 62/87 of 30 June 1987 issuing general regulations on employment relationships, minors under"16 years of age" may not perform night work. The Committee also notes that according to section 159 of Legislative Decree No. 62/87, the member of the Government responsible for labour shall determine by decree the activities in which work by minors under 18 years of age is to be prohibited or made subject to conditions taking account of the protection that must be afforded to their physical, moral and mental development. The Committee observes, however, that no such decree appears to have been adopted.

The Committee reminds the Government that according to Article 4, paragraph 1, of the Convention, the types of work referred to in Article 3(d) must be determined by national laws or regulations or the competent authority, after consultation with the organizations of employers and workers concerned, taking into consideration relevant international standards, particularly Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190). The Committee draws the Government’s attention to abovementioned Paragraph 3, which provides that in determining the types of work referred to in Article 3(d) of the Convention, and in identifying where they exist, consideration should be given inter alia to: (a) work which exposes children to physical, psychological or sexual abuse; (b) work underground, underwater, at dangerous heights or in confined spaces; (c) work with dangerous machinery, equipment and tools, or which involves the manual handling or transport of heavy loads; (d) work in an unhealthy environment which may, for example, expose children to hazardous substances, agents or processes, or to temperatures, noise levels, or vibrations damaging to their health; (e) work under particularly difficult conditions such as work for long hours or during the night or work where the child is unreasonably confined to the premises of the employer. The Committee therefore asks the Government to take the necessary steps to determine hazardous jobs prohibited for children "under 18 years of age". It trusts that in so doing, it will take into account the types of activities listed in Paragraph 3 of Recommendation No. 190. The Committee requests the Government to provide information on the consultations held with employers’ and workers’ organizations.

Paragraph 2. Identification of hazardous work. The Committee notes that, according to the Government, labour inspectors are responsible for identifying work determined as hazardous. It requests the Government to provide information on the measures taken by labour inspectors in order to identify types of hazardous work and to report on the results.

Article 5. Monitoring mechanisms. The Committee notes that under section 1 of Legislative Decree No. 90/97 of 31 December 1997 on the Labour Inspectorate, the latter has the authority to enforce legislative provisions pertaining to conditions of work and to the protection of workers in the context of their occupation. Authority is vested in labour inspectors, by section 21(2)(a) of the abovementioned Legislative Decree, to inspect workshops subject to inspection at any hour of the day or night without warning. Furthermore, they may carry out examinations and inspections and question individuals. The Committee requests the Government to provide information on the functioning of the Labour Inspectorate or any other mechanism established to monitor implementation of the provisions giving effect to this Convention, including extracts of inspection reports, and to indicate the extent and nature of reported infringements pertaining to the worst forms of child labour.

Article 6, paragraphs 1 and 2. Programmes of action to eliminate the worst forms of child labour. The Committee notes, that according to the Government, no programmes of action have as yet been designed owing to a lack of financial and technical resources. It reminds the Government that by virtue of Article 6 of the Convention, each Member that ratifies it must design and implement programmes of action to eliminate as a priority the worst forms of child labour. Such programmes of action must be designed and implemented in consultation with relevant government institutions and employers’ and workers’ organizations, taking into consideration the views of other concerned groups as appropriate. The Committee points out in this connection that the Government may avail itself of the Office’s technical assistance in order to bring its legislation into line with the Convention and to adopt measures to give effect to its provisions. The Committee requests the Government to keep it informed of progress made in the design and implementation of programmes of action to eliminate, as a priority, the worst forms of child labour.

Article 7, paragraph 1. Penalties. The Government indicates that Penal Code establishes penalties for abuse of children’s rights. The Committee requests the Government to indicate the applicable penalties for breach of Article 3(a) to (d) of the Convention, particularly the provisions on hazardous work.

Paragraph 2. Effective and time-bound measures. The Committee notes that the Government has provided no information on Article 7, paragraph 2(b), (c) and (e), of the Convention. It accordingly requests the Government to provide detailed information on effective and time-bound measures to: (b) provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration; (c) ensure access to free basic education and vocational training for all children removed from the worst forms of child labour; and (e) take account of the special situation of girls.

Clause (a). Prevent the engagement of children in the worst forms of child labour. The Committee notes that article 77(1) of the Constitution gives everyone the right to education. According to article 77(2), education must: be comprehensive and contribute to promoting to the moral, social, cultural and economic welfare of citizens; and prepare citizens to carry out an occupational activity. Article 77(3) provides that in order to safeguard the right to education, the State must safeguard the right to equality of opportunity in access to schooling, promote the elimination of illiteracy, and encourage continuous education and higher education. In its concluding observations on the initial report of the Government in November 2001 (CRC/C/15/Add.168, paragraphs 53 and 54), the Committee on the Rights of the Child expressed concern that the drop-out rate of children from secondary education is high. It noted that access to pre-school education is very limited. While noting gender equality in admissions to primary education, it expressed concern that some adolescents are excluded from the system of compulsory education and that children who are not fluent in both Creole and Portuguese risk being marginalized, given that school education is in Portuguese. While noting efforts to increase enrolment levels, particularly to primary school, it recommended that the Government improve access to pre-school education for all children; give particular attention to children from disadvantaged backgrounds; take steps to increase the number of children completing secondary education; and ensure full access for all children to compulsory education.

Considering that education contributes to eliminating many of the worst forms of child labour, the Committee hopes that the Government will take effective and time-bound measures to improve the education system and to prevent the engagement of children in the worst forms of child labour.

Clause (d). Identifying and reaching out to children at special risk. In its concluding observations on the initial report of Cape Verde in November 2001 (CRC/C/15/Add.168, paragraph 61), the Committee on the Rights of the Child expressed concern that children are living and/or working in the street, in particular in the urban centres of Mindelo, Praia and Sal and that these children are vulnerable to mistreatment, abuse and exploitation, including thieving on behalf of adults. The Committee is of the view that street children are particularly vulnerable to the worst forms of child labour. It therefore asks the Government to provide information on the measures taken or envisaged for the protection of street children from the worst forms of child labour and for their rehabilitation and social integration.

Article 8. Enhanced international cooperation and/or assistance. The Committee notes that Cape Verde is a member of Interpol, which contributes to cooperation between countries of different regions, particularly in combating child trafficking. The Committee encourages the Government to cooperate with other countries and requests it to provide detailed information on enhanced international cooperation and/or assistance including support for social and economic development, poverty eradication programmes and universal education.

Parts IV and V of the report form. Application of the Convention in practice. According to information available at the Office, more than 7,000 children aged from 10 to 14 years were working in Cape Verde in 2000. The Committee notes that these statistics do not specifically concern the worst forms of child labour. It therefore asks the Government to provide statistics and information on the nature, extent and trends of the worst forms of child labour, the number of children covered by the measures giving effect to the Convention, the number and nature of infringements, investigations, prosecutions, convictions and penalties applied. To the extent possible, the information should be disaggregated by sex.