Texts of pending comments

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.

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.

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.

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.

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.

Article 3 of the Convention. Minimum service in the event of a strike. In its previous comments, the Committee had noted with interest, within the framework of the 2016 legislative reform, the establishment of an independent tripartite body to determine the minimum services to be provided during a strike. The Committee previously noted that there were differing opinions on the nature, composition and operation of the tripartite body. The Committee notes from the information provided by the Government that discussions on this subject have continued, but that agreement has not been reached, as some consider that such a body should operate on an ad hoc basis and others on a permanent basis. The Committee notes that the Committee on Freedom of Association, in its examination of Case No. 3276 (384th Report, March 2018), requested the Government to provide additional information on the tripartite committee established by the Labour Code, indicating whether any implementing legislation was envisaged. The Committee notes that, according to the information provided by the Government, the matter will be settled, not by means of an implementing text, but within the framework of a new legislative review process, which will be dependent on a prior impact assessment of the Labour Code, as requested by the social partners. Like the Committee on Freedom of Association in Case No. 3276, the Committee hopes that the independent tripartite committee responsible for determining minimum services in the event of a strike will be able, in the near future, to discharge its functions fully, in order to allow a considered exchange of views on what minimum services should be in practice. Before the independent tripartite committee takes up its functions, the Committee requests the Government to provide detailed information on the manner in which minimum services are determined in the event of a strike in essential services.

Recourse to civil requisitioning. In its previous comments, the Committee had noted the Government’s indications that civil requisitioning must only be used in serious cases to avoid irreparable damage, and in no circumstances may it be used to impede the right to strike, and that it applies in cases of failure to comply with the minimum services as determined by agreement between the parties or by the tripartite committee. The Committee requests the Government to specify whether recourse to civil requisitioning is limited to ensuring the implementation of minimum services determined by the parties or by the tripartite committee, indicating the applicable legislative and regulatory provisions. It also requests the Government to provide detailed information on: (i) the manner in which civil requisitioning functions in practice, including in the absence of an agreement between the parties and in the absence of the functioning of the tripartite committee; and (ii) the frequency with which the public authorities have had recourse to civil requisitioning in recent years, with an indication of the requisition orders published, the services concerned and the percentage of workers requisitioned by service.

The Committee recalls that the Government may request ILO technical assistance in relation to all of the issues raised.

Promotion of collective bargaining in practice. The Committee notes the information provided by the Government on the revision, in 2018, of the collective agreement for the private security sector. The Committee encourages the Government to continue its efforts to promote collective bargaining, also indicating whether the National Committee for the Promotion of Collective Bargaining is now back in operation. The Committee requests the Government to provide full particulars on the number of collective agreements that have been concluded and are in force, the sectors concerned and the number of workers covered by these agreements.

Articles 1 and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. For many years now, the Committee has been drawing the Government’s attention to the fact that article 62 of the Constitution, which provides that men and women shall receive “equal remuneration for equal work”, and section 16 of the Labour Code, which provides that all workers have the right to fair remuneration according to the nature, quantity and quality of work, are inadequate to ensure the full application of the principle of equal remuneration for men and women for work of equal value set out in the Convention. The Committee notes the Government’s general statement, in its report, that this issue might be proposed for inclusion on the agenda for public discussion regarding a potential revision of the Constitution. The Government adds that, as a consequence, section 16 of the Labour Code might be amended in order to fully reflect the principle of the Convention. The Committee takes note of Judgment No. 233/15-16 of March 2016, forwarded by the Government, according to which, pursuant to article 62 of the Constitution, equal remuneration should be ensured to workers for equal work, being interpreted as an identical type of activity and seniority. Drawing the Government’s attention to the fact that such interpretation is narrower than the principle set out in the Convention, the Committee notes that, in the framework of the Universal Periodic Review, the United Nations Human Rights Council also recommended that the Government fully incorporate into its national legislation the principle of equal pay for men and women for work of equal value, in line with the ILO Conventions (A/HRC/39/5, 9 July 2018, paragraph 112). It observes however that the Government stated in this regard that its understanding was that this principle is already contained in article 62 of the Constitution and section 16 of the Labour Code (A/HRC/39/5/Add.1, 13 September 2018, page 3). The Committee once again draws the Government’s attention to the fact that the provisions of the Constitution and the Labour Code are not sufficient to ensure the full application of the principle enshrined in the Convention, as they do not encompass the concept of “equal value” and may therefore hinder progress in eliminating gender-based pay discrimination. It recalls that the concept of “work of equal value”, as provided for in the Convention, is fundamental to tackling occupational gender segregation in the labour market, as it permits a broad scope of comparison, including, but going beyond equal remuneration for “equal”, “the same” or “similar” work, and also encompassing work of an entirely different nature (as men and women typically do not perform the same work), which is nevertheless of equal value. Moreover, while criteria such as quality and quantity of work may be used to determine the level of earnings, the use of only these criteria is likely to have the effect of impeding an objective evaluation of the work performed by men and women to determine the value of such work, comparing a wider range of factors which are free from gender bias, such as skill, effort, responsibilities and working conditions (see the 2012 General Survey on the fundamental Conventions, paragraphs 672–675). The Committee urges the Government to take the necessary steps to: (i) give full legislative expression to the principle of equal remuneration for men and women for work of equal value set out in the Convention, in order to cover not only situations where men and women are performing the same or similar work, but also situations where they carry out work that is of an entirely different nature, but is nevertheless of equal value; and (ii) provide information on any progress made in this regard, as well as on any awareness-raising activities carried out with respect to the implementation of the principle of the Convention, including in collaboration with employers’ and workers’ organizations. Noting that the Government does not provide information on the practical application of section 15(1)(b) of the Labour Code, which provides that “equity at work” includes the right to receive a special compensation which is not allocated to all workers, but which is based, among other grounds, on sex, the Committee again asks the Government to indicate the manner in which this provision is implemented in practice.

Articles 1 and 2. Gender wage gap and occupational gender segregation. Referring to its previous comments concerning the occupational gender segregation of the labour market and the lack of data on the distribution of men and women and their respective earnings in the public and private sectors, the Committee notes the Government’s general statement that there is no gender disparity in wages or career advancement, but that the labour market remains highly gender segregated, with women still being over-represented in determined sectors, such as domestic work, trade and education, while men are employed in construction and agriculture. The Committee notes that, according to the National Institute of Statistics (INE), in 2017, women only represented 44.2 per cent of the employed population (compared to 55.8 per cent of men) and that the employment rate of women decreased from 48 per cent in 2016 to 45.5 per cent in 2017 (compared to 58.5 per cent for men). It notes that the employment rate of women in rural areas was particularly low (32.2 per cent compared to 51.7 per cent in urban areas) and remained substantially lower than that of men (51.5 per cent in rural areas). It further notes the Government’s indication that 52.4 per cent of public administration employees are women but that there are no available data on the average wage for men and women.

The Committee notes that UN Women recently highlighted that the informal sector is large, possibly as high as 59 per cent, with women comprising a majority of informal economy workers (Country Gender Profile, January 2018, page 17). It notes that, according to a survey on the informal sector in Cabo Verde, carried out in February 2017 by the Cape Verdean Institute for Gender Equality (ICIEG), in 2015, women represented 58.8 per cent of all workers in the informal economy and owned 62.2 per cent of informal production units. The Committee also notes that, according to the survey, in the informal economy, the average monthly wage of women is 29.5 per cent lower than that of men. It further notes the Government’s statement that an analysis of the average monthly wage shows that the earnings of half of working women are about 1,000 Cape Verdean Escudos (CVE) less than the average monthly wage, while half of men earn about CVE2,000 more than the average wage. The Committee notes that, in its 2018 concluding observations, the UN Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the wide and persistent wage gap between men and women, the vertical and horizontal segregation in the labour market and the high proportion of women in precarious employment situations. Moreover, the CESCR indicated that women being predominantly involved in the informal economy, they are as a consequence less likely to be covered by contributory social security schemes and more likely to receive non-contributory social pensions, which currently cover only 20 per cent of the subsistence minimum. Women therefore have lower incomes and lower pensions, making them particularly vulnerable to poverty, especially in old age (E/C.12/CPV/CO/1, 27 November 2018, paragraph 26). In light of the substantial gender wage gap and the lack of legislation that fully reflects the principle of the Convention, the Committee urges the Government to: (i) strengthen its efforts to take proactive measures, including in collaboration with employers’ and workers’ organizations; (ii) raise awareness, make assessments, and promote and enforce the application of the principle of equal remuneration for men and women for work of equal value; and (iii) provide information on the measures taken to effectively address the gender wage gap by identifying and addressing the underlying causes of pay differentials, such as occupational gender segregation and gender stereotypes, covering both the formal and informal economy, and by promoting women’s access to a wider range of jobs with career prospects and higher pay, in particular in rural areas. Noting that the Government is in the process of developing, in collaboration with the ILO, a National Strategy for 2017–20 to encourage the transition from informal to formal employment, which will be especially important for women, the Committee asks the Government to provide information on any progress made in the adoption and implementation of this strategy. It also asks the Government to provide statistical information on the earnings of men and women, in both the public and private sectors, disaggregated by sector of economic activity and occupation.

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

Article 2 of the Convention. Minimum wages. The Committee previously noted the adoption of Decree Law 6/2014 of 29 January on minimum wage fixing, applicable to all employees subjected to the general labour law system. The Committee welcomes the Government’s indication, in its report, concerning the adoption of Decree Law 15/2018 of 19 March 2018, which increases the amount of the national minimum wage as of 1 January 2018. The Government adds that awareness-raising campaigns were carried out by the labour inspectorate concerning the implementation of the new minimum wage by enterprises. The Committee however notes that, in its 2018 concluding observations, the United Nations Committee on Economic, Social and Cultural Rights (CESCR) was concerned that many employers, especially in the agricultural and domestic service sectors, do not comply with the legal obligation to pay the minimum wage and recommended that the Government strengthen its enforcement of the minimum wage, including through inspections in such sectors (E/C.12/CPV/CO/1, 27 November 2018, paragraphs 28 and 29). The Committee asks the Government to provide information on any measures undertaken to ensure compliance with the legal obligation to pay the minimum wage, in particular in agriculture and domestic work sectors, including on any awareness-raising activities carried out to this end, in collaboration with employers’ and workers’ organizations. It also asks the Government to provide statistical information on the percentage of women and men who are paid the minimum wage, as well as on any case or complaint of lack of compliance to pay the minimum wage reported or detected by the labour inspectorate and penalties imposed.

Wage-fixing rates. Public sector. The Committee previously noted the adoption of Decree Law 9/2013 of 26 February 2013 on the Career, Posts and Salaries Plan (PCCS) establishing wage-fixing rates in the public sector. The Committee notes the Government’s general statement that the decree has been applied to all public institutions and services with the exception of those that have yet to adopt the necessary internal instruments. It further notes the data forwarded by the Government on the average wage in central administration disaggregated by occupational category, but observes the lack of information disaggregated by sex. Noting the Government’s indication that no distinction on the basis of sex is allowed in the framework of the PCCS, the Committee wishes to point out that the lack of an explicit differentiation between men and women in minimum wage rates is not sufficient to ensure that there is no gender bias in the process of determining minimum wages, and that special attention is needed to ensure that the rates fixed are free from gender bias, and in particular that certain skills considered to be “female” are not undervalued (see General Survey of 2012 on fundamental Conventions, paragraph 683). The Committee again asks the Government to provide information on the implementation of Decree Law 9/2013 of 26 February 2013 on the Career, Posts and Salaries Plan in practice, while specifying the public institutions and services which have not implemented the Decree yet. It further asks the Government to indicate how it ensures that, in the public sector, rates are fixed based on objective criteria free from gender bias, so as to ensure that sectors of economic activity with a high proportion of women is not being undervalued in comparison to those in which men are predominantly employed.

Article 3. Objective job evaluation. The Committee previously referred to section 16 of the Labour Code which provides that all systems of work description and work evaluation should be based on objective criteria in order to prevent any discrimination and requested the Government to provide information on its implementation as well as on the steps taken to put in place a system of objective job evaluation. Noting the absence of information provided by the Government in this regard, the Committee recalls that effective implementation of the principle of the Convention requires the use of a job evaluation method in order to measure and compare the relative value of different jobs held by men and women, as men and women typically do not perform the same work. Job evaluation involves an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills and qualifications, effort, responsibilities and working conditions, to avoid the assessment being tainted by gender bias. The Committee further recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see General Survey of 2012, paragraphs 695 and 701). In light of the persisting occupational gender segregation in practice, the Committee again asks the Government to provide information on the application of section 16 of the Labour Code by indicating the measures taken to ensure that, in practice, all systems of work description and evaluation are based on objective criteria. It also asks the Government to provide information on the steps taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure the effective implementation of the principle of the Convention.

Enforcement. The Committee takes note of the two judicial decisions forwarded by the Government on issues concerning equal remuneration. It notes however that the Government does not provide information on the activities of the labour inspectorate in this area. The Committee again asks the Government to provide information on the number, nature and outcome of cases or complaints concerning inequality of remuneration dealt with by the labour inspectorate, the courts or any other competent authorities, specifying the penalties imposed and the compensation awarded, and to provide a copy of any decision issued in this regard. It also asks the Government to provide information on any activity undertaken to raise public awareness of the relevant legislative provisions, the procedures and remedies available related to the principle of the Convention, including by strengthening training activities for labour inspectors on this issue.

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Direct and indirect discrimination. Since 2011, the Committee has been drawing the Government’s attention to the fact that section 15(1)(a) of the Labour Code does not provide for protection against discrimination on the ground of national extraction, nor does it define and prohibit indirect discrimination in employment and occupation. It previously noted that, despite the amendment of the Labour Code in 2016 (Legislative Decree No. 1/2016), the Government did not take the opportunity to give effect to the comments previously made by the Committee on this issue. The Committee notes the Government’s repeated statement that while domestic law does not expressly prohibit discrimination on the basis of national extraction, such discrimination falls within the scope of Article 24 of the Constitution which prohibits discrimination on the basis of “lineage” and “origin”. The Committee notes in this regard that in the framework of the Universal Periodic Review, the Human Rights Council also recommended that the Government ensure the protection of workers against discrimination on the grounds of national origin (A/HRC/39/5, 9 July 2018, paragraph 112). It also notes that, in its 2018 concluding observations, the UN Committee on Economic, Social and Cultural Rights (CESCR) expresses concern at the lack of comprehensive anti-discrimination legislation and recommended the adoption of such legislation prohibiting all forms of discrimination, including indirect discrimination (E/C.12/CPV/CO/1, 27 November 2018, paragraphs 16 and 17). The Committee again urges the Government to take the necessary steps to ensure that workers are protected against discrimination on the ground of national extraction, as well as against indirect discrimination, in law and in practice, and to provide information on any progress made in this regard. It also asks the Government to provide information on the manner in which the grounds of “lineage” and “origin” provided for in Article 24 of the Constitution have been interpreted in practice, by providing a copy of any relevant judicial decisions issued in this regard.

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

Scope of application. The Committee previously noted that while the Labour Code is not applicable to rural workers and labour-intensive activities (labour-based approaches to infrastructure works have become an important element of job creation strategies in many low-wage developing countries with an oversupply of underemployed labour), the Government stated that pending the adoption of relevant specific legislation, the provisions of the Labour Code are applicable to those categories of workers and activities. The Committee notes the Government’s indication in its report that there are currently no labour-intensive activities. The Committee wishes to point out that the purpose of the Convention is to protect all persons against discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction and social origin and that no provision in the Convention limits its scope as regards individuals or branches of activity. Therefore, once again, the Committee asks the Government to indicate the steps taken to ensure that in practice rural workers and workers in labour-intensive activities benefit from the protection provided for by the Labour Code, pending the adoption of a specific legislation, and to provide a copy of any judicial decisions made in this regard. It also asks the Government to provide information on any development concerning the adoption of specific legislation related to those categories of workers and activities.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that section 410 of the Labour Code and the scope of Act No. 84/VII/2011 on Gender-based Violence with respect to sexual harassment only provide for sanctions for sexual harassment committed by the employer and not by other employees. The Committee notes the Government’s statement that efforts to amend the existing legislation are under way. It further notes that the Cabo Verdean Association on Combating Gender-based Violence (ACLCVBG) together with the Cabo Verdean Institute for Gender Equality and Equity (ICIEG) organized the first national forum on sexual harassment at the workplace in 2017. However, the Committee notes that, in its concluding observations, the UN Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the prevalence of gender-based violence in the country, the limited enforcement of Act No. 84/VII/2011, and the lack of resources allocated to adequate responses (E/C.12/CPV/CO/1, 27 November 2018, paragraph 48). The Committee again asks the Government to take steps to ensure that workers are protected against all forms of sexual harassment in employment and occupation, but also vocational education and training, access to employment and conditions of employment, not only committed by employers but also by other workers. The Government is also asked to take steps to ensure that sexual harassment by clients, customers, suppliers is prohibited. The Government is asked to provide information on any amendment to the national legislation being developed or envisaged directed at these matters. It asks the Government to continue to provide information on any concrete measures adopted to prevent sexual harassment at work, as well as to raise awareness among employers, workers and their organizations regarding both quid pro quo and hostile environment sexual harassment, including in collaboration with the ICIEG and the ACLCVBG, and to provide information on their impact. The Committee asks the Government to provide information on the number, nature and outcome of complaints or cases of sexual harassment dealt with by the labour inspectorate, the courts or any other competent authorities.

Article 1(1)(b). Additional ground of discrimination. Real or perceived HIV/AIDS status. The Committee previously noted that Act No. 18/VII/2007 on Gender-based Violence provides that employers have to promote capacity-building activities for workers with respect to HIV and AIDS; prohibits discrimination on the ground of real or perceived HIV status and prohibits the requirement of HIV testing for access to employment. The Committee notes the Government’s indication that in 2016 a study entitled “Index of Stigma and Discrimination against People Living with HIV/AIDS” was carried out and concluded that most people with HIV/AIDS are not subjected to discrimination since only one in four of them tells their family they are seropositive (page 11 of the index). The Committee notes, however, that in its 2018 concluding observations, the CESCR recommended that the Government conduct awareness-raising campaigns to combat stereotypes affecting persons and groups at risk of discrimination, such as persons living with HIV/AIDS (E/C.12/CPV/CO/1, 27 November 2018, paragraph 12). The Committee again asks the Government to provide information on the implementation of Act No. 18/VII/2007, as well as on any cases of discrimination on the ground of real or perceived HIV status in employment and occupation. It further asks the Government to provide information on any concrete measures adopted to combat stereotypes and discrimination against workers with HIV and AIDS, as well as to build capacity and raise awareness among employers, workers and their respective organizations regarding discrimination on the ground of real or perceived HIV status in employment and occupation.

Persons with disabilities. The Committee previously noted that Law No. 40/VIII/2013: (i) prohibits direct and indirect discrimination against persons with disabilities (section 6(a) and 7); (ii) refers to the adoption of special measures to promote access of persons with disabilities to employment and training (section 28); and (iii) establishes a minimum quota of 5 per cent of jobs to be occupied by persons with disabilities in the public administration (section 30). The Committee notes the adoption of Decree Law No. 38/2015 of 29 July 2015 which regulates the selection and recruitment procedures for persons with disabilities in the public administration. It notes the Government’s statement that no data is available on the number of persons with disabilities hired by the public administration or the private sector. The Government adds that it requested the INE to provide such information for the private sector. The Committee, however, notes that, in its 2018 concluding observations, the CESCR expressed concern at the low employment rate of persons with disabilities, partly due to the fact that regulations concerning their recruitment are not sufficiently disseminated and that job advertisements are not usually accessible to persons with a visual impairment, and that workplaces fail to provide reasonable accommodation to facilitate the employment of persons with disabilities (E/C.12/CPV/CO/1, 27 November 2018, paragraph 18). The Committee asks the Government to provide information on the practical application of Law No. 40/VIII/2013 and Decree Law No. 38/2015 and the specific results achieved in order to improve equality of opportunity and treatment of persons with disabilities in employment and occupation. It also asks the Government to provide information on any concrete measures adopted to raise awareness among employers, workers and their organizations as to the existing regulations on the employment of persons with disabilities. The Committee hopes that the Government will be soon in a position to provide statistical information on the number of people with disabilities, disaggregated by sex, employed in the public and private sectors.

Articles 2 and 3. Equality of opportunity and treatment between men and women. Referring to its previous comments on the lack of information provided by the Government on the concrete measures taken to promote equality of opportunity and treatment between men and women, the Committee notes the Government’s indication that within the framework of the National Plan on Gender Equality 2015–18 (PNIG), the Cabo Verdean Institute for Gender Equality and Equity (ICIEG) and the Promotion of Socio-economic Opportunities in Rural Areas Programme (POSER) implemented training sessions on small business management, microfinance and entrepreneurism for women in rural municipalities in several islands. It further notes that the Ministry of Finance, through the Support for and Promotion of Enterprises Institute (Pro Empresa) implemented a programme for the promotion of entrepreneurship, targeting women and young people. The Government adds that the ICIEG also offered various training programmes on women’s economic empowerment. The Committee further notes that the Second National Plan for Combating Gender-Based Violence 2015–18, provides for measures aimed at raising awareness on equality, as well as at the deconstruction of sexist and discriminatory stereotypes. It notes that several measures have been suggested by the ICIEG in order to help men and women to better conciliate family and professional responsibilities, such as the introduction of legislative amendments providing for seven days of paternity leave, as well as the possibility to consider the ratification of the Workers with Family Responsibilities Convention, 1981 (No. 156), and the Maternity Protection Convention, 2000 (No 183). However, the Committee notes the Government’s indication, in its report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the labour market remains highly gender segregated, with women still overrepresented in certain sectors, such as domestic work, trade and education, while men are employed in construction, agriculture, and public administration. It notes the adoption of the Strategic Education Plan (2017–20) which aims at addressing the structural aspects of gender segregation in education. While welcoming the Government’s indication concerning the adoption of Decree Law No. 47/2017 of 26 October 2017 which establishes social and educational support measures for pregnant girls to continue to attend school, the Committee notes the increasing number of children and young people, in particular girls, who are out of school. The Committee notes that, according to the National Institute of Statistics (INE), in 2017, women only represented 44.2 of the employed population (compared to 55.8 per cent of men) and the employment rate of women decreased from 48 per cent in 2016 to 45.5 per cent in 2017, and was particularly low in rural areas (32.2 per cent compared to 51.5 per cent for men). The unemployment rate for women remains high (12.8 per cent). The Committee notes that, in its 2018 concluding observation, the CESCR highlighted that despite the adoption of the PNIG, there is still widespread gender inequality in the country, and expressed concern at: (i) the vertical and horizontal segregation in the labour market; (ii) the high proportion of women in precarious employment situations, and in particular the fact that women are predominantly involved in the informal economy; and (iii) the strong gender stereotypes which are hindering the full and equal participation of women in political and public life (women being underrepresented in the civil service, the judiciary and the National Assembly). The CESCR recommended that the Government tackle the root causes of the low level participation of women in the labour market, including stereotypes and traditional gender roles; combat discrimination against women in recruitment processes and support women’s career development to allow them to reach high-level positions and positions in sectors where they are underrepresented (E/C.12/CPV/CO/1, 27 November 2018, paragraphs 22, 23, 26 and 27). The Committee urges the Government to strengthen its efforts to address both vertical and horizontal segregation between men and women in the labour market, as well as gender stereotypes, including by improving women’s participation in the labour market, and to provide information on any follow-up to the recommendations made by the ICIEG concerning the ratification of the Workers with Family Responsibilities Convention, 1981 (No. 156), and the Maternity Protection Convention, 2000 (No 183). It asks the Government to provide information on the specific steps taken, including in the framework of the National Plan on Gender Equality and the National Plan for Combating Gender-Based Violence, to effectively enhance women’s economic empowerment and access to decision-making positions, in particular in sectors where they are underrepresented, as well as to encourage girls and women to choose non-traditional fields of study and professions. Noting that a Gender Observatory was launched in December 2016 to collect sex-disaggregated data, the Committee asks the Government to provide updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Domestic workers. The Committee notes that, as highlighted by the National Institute of Statistics (INE), women are mostly concentrated in the domestic work sector (13.3 per cent in 2017). It notes the Government’s indication that the Cabo Verdean Association on Combating Gender-based Violence (ACLCVBG) is currently implementing the INSPIRED+ Project which seeks to achieve the economic empowerment of domestic workers through the recognition of their labour rights. It notes that, in the framework of the project, a study on the rights of domestic workers in Cabo Verde was carried out in August 2018, in collaboration with the ILO and UN Women, and showed that 6.6 per cent of employed persons are in domestic work, of whom 93.9 per cent are women but only 11 per cent are registered in the National Institute of Social Welfare (INPS). The study revealed that domestic work is mainly informal work, characterized by precarious conditions of work, low paid and long hours. Furthermore, while section 286 of the Labour Code defines domestic work, the Committee notes that the ICIEG recommended, in its Action and Advocacy Plan, the regulation of domestic work, as well as the ratification of the Domestic Workers Convention, 2011 (No. 189). It further notes that, in its 2018 concluding observation, the CESCR was concerned that domestic workers do not enjoy just and favourable conditions of work and recommended that the Government take effective measures to disseminate and better enforce the legal provisions related to the labour and social security rights of domestic workers and ratify ILO Convention No. 189 (E/C.12/CPV/CO/1, 27 November 2018, paragraphs 32 and 33). The Committee asks the Government to provide information on the measures taken, in law and in practice, to ensure that domestic workers, who are particularly vulnerable to discrimination, enjoy equality of opportunity and treatment in all aspects of employment, in particular with respect to terms and conditions of work, social security and access to training with a view to promotion or better job opportunities. It asks the Government to provide information on any follow-up to the recommendations made by the ICIEG concerning the regulation of domestic work and the ratification of the Domestic Workers Convention, 2011 (No. 189). The Committee also asks the Government to provide information on the number of cases or complaints of discrimination of domestic workers in employment dealt with by the labour inspectors and the courts, indicating the grounds of discrimination and the penalties imposed.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee previously noted that foreign workers from Gambia, Guinea, Guinea-Bissau, Mauritania and Senegal received salaries considerably lower than those of nationals and asked the Government to indicate the manner in which concrete protection was provided to foreign workers, against discrimination on the grounds enumerated in the Convention. The Committee notes the Government’s indication that the evaluation of the first Plan of Action (2013–16) under the National Strategy on Immigration (ENI) highlighted that such measures had been poorly implemented or, in most cases, that their implementation was not reported, and that one of the main challenges was the need to combat discrimination against foreign workers. The Committee notes the adoption of the second Immigration and Social Inclusion Action Plan (2018–20), by resolution 3/2019 of 10 January 2019 which focuses on the management of migration flows, integration and institutional development. The Government adds that one of the strategic areas of the action plan is the promotion of diversity, including by preventing discrimination. The Committee further notes the Government’s statement that to this end the Department of Labour and the labour inspectorate are establishing coordinated systems for monitoring the hiring and the employment of foreign workers, and developing and disseminating guidelines on the employment of foreign workers and the consequences of employing foreign workers in an irregular situation for employers. It further notes that awareness-raising activities for foreign workers on their rights and available protection as well as public information campaigns to prevent discrimination have also been carried out. It notes, however, the Government’s statement that while the labour inspectorate can provide the opportunity for the reporting cases of labour exploitation of foreign workers, no complaints were received from them which demonstrates that those workers are unaware or do not trust the competent authorities. The Committee also notes that, in its 2015 concluding observations, the UN Committee on the Rights of Migrant Workers (CMW) regretted that, as regards non-discrimination, the fundamental rights of migrant workers are guaranteed only to migrant workers in a regular situation and on the basis of reciprocity, whereas under the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families there is no requirement of reciprocity for the application of the protections set out in the instrument. The CMW was further concerned at the lack of information on the measures taken to guarantee the principle of non-discrimination in practice, particularly with regard to migrant workers from West Africa, who are reportedly subjected to prejudice and social stigmatization (CMW/C/CPV/CO/1, 8 October 2015, paragraphs 24 and 26). In this regard, the Committee wishes to point out that under the Convention all migrant workers, including those in an irregular situation, must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) of the Convention (see General Survey of 2012 on the fundamental Conventions, paragraph 778). Referring to the absence of protection explicitly afforded by the national legislation on the ground of “national extraction”, the Committee asks the Government to take proactive measures to combat stereotypes and discrimination based on race, colour or national extraction, and to effectively ensure equality of opportunity and treatment for migrant workers, including for those in an irregular situation, in particular with regard to their remuneration. It asks the Government to provide information on the implementation of any measures and programmes undertaken in that regard, including in the framework of the second Immigration and Social Inclusion Action Plan (2018–20). The Committee asks that the Government provide a copy of the results of any reports evaluating the impact of any steps taken or measures adopted. The Committee also asks the Government to provide information on any public awareness-raising activities undertaken on the relevant legislative provisions, the procedures and remedies available, targeting in particular migrant workers, as well as on the number and nature of cases or complaints of discrimination that have been detected or dealt with by the labour inspectors, the courts or any other competent authorities and the penalties imposed.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. The Committee takes note of the judicial decision forwarded by the Government on a case of alleged discrimination concerning occupational reclassification. It notes that labour inspectors benefited from training on discrimination and equality through an initiative entitled “support for effective application of the international labour standards”, in the framework of the Generalized System of Preferences plus (GSP+) project, in collaboration with the ILO, and that a discrimination and equality checklist is under preparation. The Government however adds that there is no data from the labour inspectorate on practical difficulties concerning the application of the Convention. The Committee recalls that where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or an absence of practical access to procedures, or fear of reprisals (see General Survey of 2012, paragraph 870). It notes in particular that in its 2018 concluding observation, the CESCR recommended that the Government increases its efforts to enforce the existing legislative provisions related to discrimination, and to ensure that perpetrators of discriminatory acts are held accountable and that victims have access to effective remedies (E/C.12/CPV/CO/1, 27 November 2018, paragraph 12). The Committee asks the Government to take appropriate steps to raise public awareness of the relevant legislative provisions, the procedures and remedies available, and to provide information on any activities undertaken in this regard. It also asks the Government to provide detailed information on any cases of discrimination dealt with by the labour inspectors, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted.

Comments adopted by the CEACR: Cabo Verde

Adopted by the CEACR in 2022

C029 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

C138 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

C138 - Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

C182 - Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

C182 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Adopted by the CEACR in 2019

C087 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C098 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C100 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

C111 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)