Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Forced Labour Convention, 1930 (No. 29) - Cabo Verde (Ratification: 1979)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee expressed the hope that the process of revising the Penal Code would culminate in the adoption of penal provisions criminalizing and punishing trafficking in persons. It also asked the Government to provide information on the adoption of a plan of action to combat trafficking in persons and on the measures taken to prevent and raise awareness of trafficking in persons and to protect victims.

The Committee notes with interest that Decree No. 4/2015, adopted on 11 November 2015, incorporates new provisions in the Penal Code which criminalize trafficking in persons. Section 271-A of the Penal Code provides a definition of the crime of trafficking in persons for both sexual and labour exploitation and establishes a penalty of four to ten years’ imprisonment (which may be increased in aggravating circumstances). Section 271-A(7) excludes any criminal liability for victims of trafficking who entered the country illegally or participated in illicit activities as a result of being trafficked. The Committee notes the Government’s indication in its report that it is planning to adopt specific legislation on trafficking in persons so that a holistic approach towards tackling this crime can be adopted.

The Committee notes that one of the components of the National Emigration and Development Strategy, adopted in 2014, refers to the protection of migrants against fraudulent recruitment practices and indecent conditions of work. It is planned to monitor and intensify research and legislation relating to cases of human trafficking which lead to situations of extreme vulnerability. The Committee also observes that, according to the Integrated National Plan for Combating Drugs and Crime 2012–16, Cabo Verde continues to address the issue of repatriation of a limited number of citizens who left the country in an irregular manner, but that the country must above all tackle a substantial influx of migrants mainly originating from the African continent. Most of these migrants use Cabo Verde as a country of transit on the way to Europe or the United States, with 17 per cent of them having irregular status. The Government indicates in this regard that through cooperation with its European partners the number of cases of trafficking of migrants appears to have decreased in recent years. However, the Government emphasizes that there may be some blurring of the concepts of smuggling of migrants and trafficking in persons which, together with the lack of specific data on these crimes, makes it difficult to evaluate accurately the scale of these practices. While noting all the above information, the Committee encourages the Government to continue to take steps to raise awareness of, and prevent and combat, the complex phenomenon of trafficking in persons for both sexual and labour exploitation. The Committee hopes that, as the Government has indicated, a specific law on trafficking in persons will be adopted and that it will establish measures to: raise public awareness, targeting at-risk categories in particular; train stakeholders to make them better equipped to understand and identify trafficking practices and to prosecute the perpetrators; and also protect victims. The Committee requests the Government to provide information on actions taken in the various fields. It also requests the Government to provide information on any cases of trafficking in persons which have been identified, any judicial proceedings instituted and any convictions handed down on the basis of section 271-A of the Penal Code.

Article 2(2)(c). Sentence involving the performance of community work. The Committee notes that Legislative Decree No. 4/2015 has amended section 71 of the Penal Code concerning the sentence of the performance of community work. It observes that the judge may now hand down this alternative sentence to imprisonment without needing to obtain the prior consent of the convicted person. Section 71 of the Penal Code also states that services may be provided for the State, public law associations or private entities under the terms and conditions defined by law. The Committee recalls that, under Article 2(2)(c) of the Convention, the work imposed on any person as a consequence of a conviction in a court of law is not deemed to be forced labour, provided that the said person is not placed at the disposal of private individuals, companies or associations. In view of the fact that the consent of the person sentenced to the performance of community work is no longer required, the Committee requests the Government to take the necessary measures to ensure that persons sentenced to the performance of community work do not carry out work for profit-making private entities. The Committee also requests the Government to send the list of entities for which services of this kind may be performed and also provide information on the nature of the work.