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

Individual Case (CAS) - Discussion: 2019, Publication: 108th ILC session (2019)



Discussion by the Committee

Government representative – I would like to take this opportunity, on behalf of the Government of Cabo Verde, to thank you for giving us the possibility to speak on the subject of the observations of the Committee of Experts concerning the application of Convention No. 182. We also thank the Committee of Experts for their work and their observations relating to Cabo Verde.

With regard to the amendments to the Penal Code in Cabo Verde, they were adopted, following these observations, by Legislative Decree No. 4 of 2015 of 11 November. It was essentially a matter of reinforcing the penal framework and ensuring greater protection for children under 18 years of age, and more specifically in relation to the crimes of procuring, under section 148, the crimes of inciting minors to engage in sexual exploitation or prostitution abroad, under section 149, and the crime of the exploitation of minors for use in pornography, under section 150. An amendment was also made to section 145(a) respecting the use of minors in prostitution.

These amendments were adopted in 2015, but they are already being applied. According to information provided by the judicial police of Cabo Verde, there is a register of investigations into sexual exploitation and, clearly, these investigations are ongoing and are covered by the confidentiality requirements of ongoing cases.

With reference to the legislative process relating to the Convention, it did not stop with the amendments, and Cabo Verde is continuing to make progress in this respect. Reference may be made to the adoption of Act No. 113-VIII of 10 March 2016, which established a national list of types of hazardous work prohibited for children. This is an extremely important tool for criminalization, as well as for prevention, as the harmful effects for children are set out for each type of hazardous work which, in turn, means that the awareness can be raised of parents, who are responsible for their education, and society as a whole.

In addition to legislation, other measures have been taken for the prevention of child labour. In close consultation, the general labour inspectorate and the Cabo Verde Institute for Children and Young Persons (ICCA) have undertaken awareness-raising measures in various schools with teachers, those responsible for education and the children themselves. With regard to sex crimes, which are one of the worst forms of child labour, labour inspectors together with ICCA technicians have carried out information and awareness-raising campaigns in the streets of Isla de Sal. Why in Isla de Sal? Because Isla de Sal is a very touristic island where there is therefore a greater risk of the crimes that we are talking about here, and therefore of the sexual exploitation of children.

On the occasion of 12 June, World Day against Child Labour, we followed the themes launched by the ILO in partnership with the Community of Portuguese Language Countries (CPLC) and we organized conferences in schools, including the internal regions of the islands. The subject for 2019 was “Children shouldn’t work in fields, but on dreams!” In this context, we launched action in rural areas of Cabo Verde and we also designed a TV announcement, which was broadcast on the national television. The subject was also covered by a television programme entitled “Menoridad” (childhood).

With reference to the platform for lodging complaints, the general labour inspectorate and the ICCA have telephone lines which can be called to denounce crimes and cases of abuse. The complaints can also be made directly in person, with the guarantee of anonymity for the complainant. To verify these complaints, we have the support of the judicial police of Cabo Verde and, in particular, the general labour inspectorate has reinforced the inspection of workplaces that employ apprentices to ensure that there are no children working under 15 years of age, which is the minimum age. Inspectors also ascertain the minimum safety conditions for the exercise of the work.

It is also important to refer to two major plans that are currently being implemented in my country: the National Care Plan and Income Policy and the Inclusion Income Plan. The National Care Plan will promote the professional training of educators of children and their integration into work. The Inclusion Income Plan is intended to support projects for the provision of loans to develop projects. When we speak of educators, we are talking of those responsible for education, and this Plan is intended to provide families with sufficient opportunities and resources not to abandon their children and to allow them to go to school. These plans are intended to combat the children being abandoned and dropping out of school.

There are other projects in the field of education, including free education up to the eighth year of school. This is an important tool which has had a positive impact on prevention and action to combat child labour.

In conclusion, I repeat that we are grateful that we have been given the opportunity to take the floor and to show that Cabo Verde is making considerable efforts to continue to implement measures and control their implementation. Cabo Verde will continue to protect our children.

Employer members – Firstly, I would like to thank the representative of the Government of Cabo Verde for the information that they have shared with us this evening.

This evening we are examining the application of Convention No. 182 by Cabo Verde. This is a fundamental Convention which Cabo Verde ratified in 2001. The case has never been discussed before in this Committee. It follows the observations of the Committee of Experts issued in 2018 on noted gaps in the compliance of Cabo Verde’s Penal Code with the Convention.

Article 3(b) of the Convention prohibits “the use, procuring or offering of a child for prostitution, production of pornography or pornographic performances”.

We note that the Committee of Experts previously observed that Cabo Verde’s law established penalties for encouraging or facilitating the prostitution of children under 16 years of age, and the use of a child under 14 years of age in pornographic performances. However, the Committee of Experts requested the Government to align its legislation to Article 3(b) by ensuring the protection of children under 18 years of age against the offences listed therein.

The Government subsequently submitted a report to the Committee of Experts on steps taken to bring its Penal Code into line with the Convention as confirmed this evening. The Employers’ group would like to express thanks to the Government for the information submitted for consideration by the Committee of Experts.

According to the submission by the Government, the Penal Code had been amended by Legislative Decree No. 4/2015 of 11 November 2015 to criminalize the use of children under 18 years of age for purposes of prostitution, with penalties of imprisonment of between two and 12 years. The Committee of Experts was satisfied with the progress. The Committee of Experts was also satisfied with the further tightening of the legal provisions related to encouraging or facilitating the prostitution of children between the ages of 16 and 18, as well as the use of children aged 14 to 18 in the production or performance of pornography. The revised Penal Code also criminalizes the offences related to encouraging or facilitating sexual exploitation or prostitution of children under 18 years of age in a foreign country, with aggravated sanctions. The Employers’ group commends the progress made by the Government in harmonizing its Penal Code with the Convention.

The Employers’ group is indeed pleased that this Committee is, for the first time since 2013, considering a case of progress. It is important to make the point that this Committee takes seriously violations of standards by governments. But we should equally be attentive to the progress that governments make in implementing the Conventions and Recommendations of the ILO. We hope discussing cases of progress will encourage not only the governments concerned, but other governments too in their quest to fulfil their obligations.

Nevertheless, as it is with many things in life, “the proof of the pudding is in the eating”. So, in this regard, we align ourselves with the Committee of Experts and encourage the Government to submit information on the application of the new and the amended sections 145A, 148, 149 and 150 of the Penal Code in practice, including the number of investigations, prosecutions and convictions, as well as the penalties imposed on offenders.

Worker members – We have already said on several occasions during the present session of the Committee, and we will never repeat it enough, that action to combat the economic exploitation of children is and must be at the heart of the ILO’s mandate. And this combat takes on a very special dimension when this exploitation is in the context of the worst forms of child labour.

Child labour is largely caused by poverty. And poverty remains one of the main problems for Cabo Verde. The lack of resources, difficult housing conditions, the shortcomings of social security are elements which contribute to the precarious living conditions in which many families have to survive.

We recall here that, under Article 8 of the Convention, Members shall take appropriate steps to assist one another in giving effect to the provisions of this Convention through enhanced international cooperation and/or assistance, including support for social and economic development, poverty eradication programmes and universal education.

One of the worst forms of child labour has already been addressed during the course of our work on several occasions. This is the use of children in armed conflict. The form of child labour that we are addressing in this case is covered by Article 3(b) of the Convention, namely the use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. This is a scourge that Cabo Verde has been confronting for a long time.

Until recently, the penal legislation in Cabo Verde had serious shortcomings. The Penal Code established penalties for persons who promoted or facilitated the prostitution of children under 16 years of age and the use of children under 14 years of age for pornographic performances. A joint reading of Articles 1, 2 and 3(b) of the Convention however provides that the use, procuring or offering of a child under 18 years of age for prostitution, for the production of pornography or for pornographic performances are prohibited and must be eliminated as a matter of urgency.

In the meantime, the Government has remedied the shortcomings in its penal legislation by criminalizing the use of children under 18 years of age for prostitution and by establishing penalties of between two and 12 years for this crime, as well as by amending and supplementing the provisions of the Penal Code in order, on the one hand, to penalize the promotion and facilitation of prostitution by children under 18 years of age and, on the other, to penalize the use of children under 18 years of age for the production of pornography or for pornographic performances.

A provision has been added to the Penal Code to penalize the act of encouraging or facilitating the sexual exploitation or prostitution of children under 18 years of age in a foreign country, for which heavier penalties are envisaged. We can therefore welcome the fact that serious gaps in the legislation have been remedied in Cabo Verde and we commend the progress made on this precise point.

With regard to the legislative amendment adopted in 2015, we regret that the Government has not provided precise information on the results achieved in practice as a result of the amendment.

Unfortunately, the sexual exploitation of children remains a reality in practice in Cabo Verde. Its extent varies on the islands, with some of them being more affected than others. Indeed, the United Nations Committee Against Torture, in paragraph 44 of its concluding observations in January 2017, expressed its concern at the large number of children exploited in prostitution and engaged in begging, drug dealing or street vending. It would appear to us to be fundamental in this regard for the inspection services and those involved in combating human trafficking to be provided with the necessary resources to be able to supervise the proper application of the provisions that give effect to the Convention.

The Government has established a plan of action, in cooperation with UNICEF, to combat sexual violence against children for the period 2017–19. A plan of action to combat trafficking in persons for the period 2018–21 has also been established, with the specific needs of minors being taken into account. We would like to know whether the Government has the intention of extending or concluding a specific new plan to combat sexual violence against children after 2019.

Guaranteeing access to free basic education is the best way of saving children from the worst forms of child labour. The Government had established a framework for the implementation of an education policy to promote the elimination of child labour.

The Cabo Verde Foundation for social action and education has been engaged in the distribution of school supplies in primary and secondary schools and in the coverage of school fees, boarding fees and transport costs. UNESCO statistics also indicate that the school attendance rate is much lower in secondary than in primary education, at only 63.97 per cent in secondary education, compared with 86.16 in primary school. It is important to keep working to raise the school attendance rate in both primary and secondary school with a view to combating the worst forms of child labour.

A joint reading of Article 1 and Article 3(d) of the Convention implies that it is prohibited to engage children in work which, by its nature or the circumstances in which it is carried out, is likely to harm the health, safety or morals of children. Children in Cabo Verde are very frequently engaged in work of this type, for example in agriculture and domestic work. However, it appears that the Act adopted on 10 March 2016 by the Government of Cabo Verde only prohibits hazardous types of work for children under the age of 16 years, and not children under 18 years of age. This is not in conformity with the Convention.

The Convention also provides that measures shall be taken to identify and reach out to children at special risk of the worst forms of child labour. Children living in the streets are a category who are particularly exposed to these risks. The Cabo Verde Institute for Children and Young Persons has various programmes to find accommodation for street children and bring them back to school. These children are seeking to escape from inadequate housing and/or domestic violence, or to contribute to the family income. These programmes are therefore necessary to respond to each of the causes that put pressure on children to leave the family home, and often to leave school. This is the message conveyed by the report of the United Nations Special Rapporteur on adequate housing, who considers that, while some charitable services appear to be available, it is unclear whether they are sufficient and whether the Government has a plan or strategy to address the causes of such situations and prevent them.

The persistence of poverty means that it is not possible to obtain satisfactory results in practice in relation to the Convention unless action is taken on the causes of poverty. While we cannot deny the establishment of positive initiatives and the sincere will of the Government to work for the resolution of the problems, there is still a long way to go. We are convinced that the Government of Cabo Verde will be able to count on support from many quarters to help it in this task.

Worker member, Cabo Verde – Let me begin by thanking you for giving me the honour of addressing this Committee concerning the Cabo Verde case concerning the Convention. I am speaking on behalf of the workers of Cabo Verde.

We have watched, with great concern, issues involving child labour, particularly the worst forms of child labour. We take stock of the efforts which have been made by the Government of Cabo Verde in the last years to combat the sexual exploitation of children. We would recall that this is a secondary effect which finds its roots in the extreme poverty which affects approximately 11 per cent of the Cabo Verdean population.

We also note the work which has been undertaken together with the Community of Portuguese Language Countries (CPLP), and the work done by international agencies in particular. I would mention the agencies of the United Nations in particular, UNICEF and the ILO. This is an effort which needs to be continued and strengthened. We would note as a positive development the legislative measures. They have moved to criminalizing and punishing those who in one way or another promote the sexual exploitation of children.

We also would take note of the steps which have been taken to implement a national birth registry, as well as the national programme for food and nutrition, and other measures which have been taken by the Government of Cabo Verde, with the goal to improve access to the health system and social protection. We also would underline the essential role played by social dialogue at all levels when it comes to reducing inequalities and not forgetting that the fight against poverty has to necessarily take the form of the achievement of decent wages sufficient to providing the families of our country with decent lives. We have also recognized that this is a social matter which also involves mindsets and mentalities, and that is why we think that it is essential that the social partners be involved to increase awareness of the population, to make them more sensitive to the issues involved in child labour in general and the sexual exploitation of children in particular.

For all these reasons, I would like to mention here the essential role to be played by the social partners. They can do much in the fight against child labour, specifically in the fight against the sexual exploitation of children. It is a role which will only be successful, however, if we have the actual statistics which cover childhood poverty. That should be available so that we can correctly address the situation and then find the best possible ways to use the available resources in our efforts to combat this plague. Putting to good use the experience of the social partners can constitute a decisive contribution in this fight. Indeed, it should be a fight shared by the Government and by the social partners. Only if we reduce poverty and inequality will we be able to build the basis for sustainable growth and thereby prepare Cabo Verde for the challenges of the future. Our young people are the future of work. They are also the future of Cabo Verde. Let us ensure that our children and our young people have access to a balanced and healthy diet, access to the health-care system, social protection and access to schools. If you do that, then you will be ensuring and preparing the future of Cabo Verde.

Government member, Romania – I am speaking on behalf of the European Union and its Member States. The candidate countries, Republic of North Macedonia, Montenegro and Albania, as well as EFTA country Norway, member of the European Economic Area, and Georgia, align themselves with this statement.

We are committed to the promotion of universal ratification and implementation of the eight fundamental Conventions as part of our Strategic Framework on Human Rights. We call on all countries to protect and promote all human rights and freedoms to which their people are entitled. Compliance with the Convention is essential in this respect.

Cabo Verde and the EU have a very close and constructive relationship, based first of all on significant and continuing development cooperation. Cabo Verde and the EU also share a strong commitment to the common values of democracy, respect for human rights and the rule of law. This close cooperation and dialogue is anchored in the EU–Cabo Verde special partnership launched in 2007. The EU also grants to Cabo Verde preferential access to the EU market Generalised Scheme of Preferences+. It is specifically premised upon the ratification and effective implementation of the ILO core Conventions.

We are taking the floor on this case as we deem it important to recognize when progress is made. Indeed, the Committee of Experts on the Application of Conventions and Recommendations report on the case of Cabo Verde expresses satisfaction with regard to the amendments of the Penal Code aiming at bringing its provisions into conformity with the Convention. We welcome that based on the amended provisions; the use of minors under 18 for prostitution is now criminalized and punishable by imprisonment. Offences related to encouraging or facilitating the prostitution of children aged 16 to 18 years and the use of children aged 14 to 18 years in pornography production and performances, as well as offences related to encouraging or facilitating sexual exploitation or prostitution of children under 18 in a foreign country are also criminalized.

We encourage the Government to ensure that these new provisions are duly implemented in practice and offenders are duly prosecuted and punished with dissuasive sanctions. Although related to the Minimum Age Convention, 1973 (No. 138), we also encourage the Government to implement Convention No. 138 with regard to the employment of children in hazardous work.

Children in Cabo Verde and in every part of the world should be guaranteed the highest possible protection against any form of child labour or any other form of exploitation and enjoy a life that is conducive to their physical, mental, spiritual, moral and social development. The European Union and its Member States remain committed to their close cooperation and partnership with Cabo Verde.

Worker member, Australia – The economy of Cabo Verde is heavily reliant on tourism. A substantial proportion of foreign investment is directed to that industry. The majority of tourism-related investment comes from well-known hotel chains and resort developers. Since 2016, the number of tourists visiting the island State has exceeded the local population.

Unfortunately, the benefits of this activity are spread unevenly across the islands and linkages between tourism projects and other sectors of the economy are not strong. A recent UN report noted that tourism resorts operate largely as isolated and artificial enclaves and local businesses remain shut out of the value chains of large foreign companies. This pattern of economic development, combined with the usual challenges of poverty and inequality, create the conditions for the exploitation of the community’s most vulnerable groups.

Article 3 of the Convention defines the worst forms of child labour to include the sale and trafficking of children. Cabo Verde is a source country for children, both local and foreign nationals, who are subjected to sex trafficking. Cabo Verdean street children and those engaged in begging, car washing, garbage picking and agriculture are particularly vulnerable to trafficking. Trafficking, and the subjecting of children to sexual abuse, often by foreign tourists, has been recently reported by officials as occurring on at least six of the nine inhabited islands.

The Cabo Verdean Government has made serious efforts to deal with these problems. Much of the legal architecture is now in place to ensure that appropriate sanctions and deterrence mechanisms exist. Section 271A of the Penal Code makes it an offence to transport a person, including a minor, for purposes of sexual or labour exploitation. Policies have been developed and implemented over a number of years to address the issue of the worst forms of child labour. The Government has adopted a national anti-trafficking action plan and a programme to reintegrate street children into families and the education system.

Perhaps for these reasons, both the report and the direct request by the Committee of Experts focus on the practical measures that can be taken to improve the situation. And in this respect more can be done. In the recent reporting period for which figures are available, the authorities investigated just eight sex trafficking cases, prosecuted four suspects, and convicted two traffickers. It is very doubtful that this reflects the scale of the illegality associated with the trafficking of minors. More resources are required for the labour inspectorate and criminal prosecuting authorities to adequately investigate these matters and bring the perpetrators to justice.

Aside from some emergency and temporary shelters, referral and support services, child victims are largely left to an NGO. The Government needs to assume overall responsibility and take a coordinating role. The Government should improve data collection and availability in relation to investigation, prosecution and conviction of trafficking cases and this data should be disaggregated to disclose the details of trafficking cases involving children.

While we acknowledge the efforts of the Cabo Verdean Government to address this serious problem, we also want to encourage them to redouble their efforts to ensure that children are protected from the most egregious practices associated with the worst forms of child labour.

Government member, Switzerland – Switzerland supports the statement by the European Union. In this Centenary year of the International Labour Organization, it is important also to be able to discuss cases of progress in this Committee of the Conference. In this respect, the Swiss delegation commends the Government of Cabo Verde for the positive developments relating to the application of the Convention. Switzerland encourages the Government to pursue its efforts to apply sufficiently dissuasive penalties for any sexual exploitation or prostitution of children under 18 years of age.

Worker member, France – Cabo Verde is included on the list for a Convention that it ratified in 2001. Despite the efforts made by the Government, the shortcomings in the implementation of the Convention are still serious.

Several causes need to be considered in the case of Cabo Verde. Its geography, its level of economic development and its family structures. Cabo Verde is an archipelago that draws its wealth from tourism and, like many countries with broad inequalities, one of the consequences of poverty is child labour. The family structure is complex and characterized by a high incidence of single mothers. Women, who frequently bear the costs of the family, have lower levels of skills and wages than men in the same situation. It is in this context that it has an extremely young population, with 55 per cent of young persons under 20 years of age.

In 2017, Cabo Verde made moderate progress in its efforts to eliminate the worst forms of child labour. The Government developed a national plan of action to combat the trafficking in human beings for sexual and labour exploitation and published information on its efforts to implement the labour legislation. The Cabo Verde Institute for Children and Young Persons also extended its coverage by opening an office on the island of Boa Vista. However, children in Cabo Verde are subject to the worst forms of child labour through commercial sexual exploitation. Children are also regularly engaged in hazardous work in agriculture. Moreover, the programmes of social assistance for children working in agriculture and domestic work are not adequate to resolve the problem.

The Government has established institutional mechanisms for the application of the laws and regulations respecting child labour. However, the action of the general labour inspectorate is characterized by gaps which prevent the adequate application of the child labour legislation.

The general labour inspectorate does not have national coverage, as it has no representatives on the islands of Sal, Santiago and São Vicente. According to the Government, the application of the laws on child labour is still difficult due to the lack of resources for inspection. When inspectors identify a case of child labour, they inform the Cabo Verde Institute for Children and Young Persons for referral to social service providers. But this process is inadequate and it would be utopic to rely on legislation that it is essential to develop, since social legislation, however advanced, is likely to be useless unless there is a system of inspection in the country responsible for supervising its application, not only in law, but also in practice. What the country needs to achieve the eradication of child labour and the exploitation of children is a strong labour inspection deployed throughout the country.

I therefore ask you, Chairperson, to emphasize in your conclusions the gravity of the case, which is prejudicing the future of the country. I also hope that you will propose to the Government appropriate technical assistance from the Office to help it update its legislation with a view to bringing it into conformity with the standards, and to inform us of substantial progress next year.

Worker member, Botswana – Botswana workers put before this Committee their support for the case of Cabo Verde. We join other speakers that have noted and lauded the efforts the Cabo Verdean Government has put in place to address the involvement of children in the worst forms of child labour, such as subjecting children to prostitution and pornographic activities. We note the amendments made in all the laws to curb this.

No doubt, the Cabo Verdean Government must not rest or relax but be conscious that more needs to be done, given that human traffickers are still operating their nefarious activities with children as their merchandise for trade. Besides, the use of children for prostitution activities though not prevalent is still a practice of concern as being reported.

Local NGOs in Cabo Verde have pointed to the dearth of resettlement and protection centres for children rescued from some of these child labour practices. To this end, we call upon the Government to come up with programmes that will target and address the needs of the victims of these forms of child labour practices. Children trafficked and used as prostitutes will need medical, social and economic support. In more precise terms, these children will need psychosocial counselling and therapy, as well as shelter centres and economic assistance to their parents so as to be able to keep them at home in the case where the children are not orphans.

No doubt, a broad stakeholder approach or the whole of community approach will go a long way in helping to address these challenges. We are confident that the workers and trade unions in Cabo Verde are ready, willing and committed to supporting their Government in the quest to stem and defeat any form of child labour and child exploitation practices.

Government member, Brazil — The Government of Brazil welcomes the information presented by Cabo Verde and is following the discussion of the case by the Committee with full attention.

Brazil reiterates its vehement condemnation of child labour, and particularly its worst forms, as set out in the Convention. We commend the efforts of the Government and of society in Cabo Verde to combat child prostitution and pornography, including the adoption of amendments to the Penal Code, which is of great importance.

Finally, we welcome the debate on the application of the Convention in Cabo Verde as a clear example of progress. We reiterate the call made to the Committee by Brazil and GRULAC to always include at least one case of progress from each geographical region recognized by the ILO as a means of contributing to constructive social dialogue and effective tripartism, by sharing good practices and thereby reinforcing international cooperation.

Worker member, Brazil – I would like to salute the delegation from Cabo Verde for the effort that they made to be here today in this Commission. This reflects the importance that they give to the supervisory functions of this house. But this is a very serious situation indeed. We have seen that the Government of Cabo Verde has changed its legislation to punish as a crime child prostitution. This comes into line with international standards and human rights – it is simply the ethical, moral and legal requirement of any country. We are quite concerned as we see the statistics concerning child labour in Cabo Verde and particularly when it comes to the worst forms of child labour. We would mention the requirements undertaken when you sign a Convention – these are things that must be reflected in law and in practice. We remind everyone of the importance of the Labour Inspection Convention, 1947 (No. 81).

When it comes to child prostitution, it does continue in Cabo Verde. Here there is nothing to celebrate while it still continues. Members of this Committee should encourage the Government of Cabo Verde to continue its fight to combat child prostitution and the worst forms of child labour and to recognize that we have made progress but there is still much yet which needs to be done.

Worker member, Portugal — This intervention is supported by 19 trade unions from Portuguese-speaking countries, Angola, Brazil, Cabo Verde, Guinea Bissau, Mozambique, Portugal, Sao Tomé and Principe and Timor-Leste. Cabo Verde has child labour problems, including its worst forms, despite what is has been done for many years by the citizens of Cabo Verde to combat child labour. We know that child labour also includes work with families, because they are working in tourism, agriculture and other sectors.

Since 2017, Cabo Verde has been taking action to combat inequality and above all is focusing on children to help them, and particularly children who are attending school so that they can have a daily meal, and in this way can overcome some of the difficulties experienced by this archipelago due to its enormous poverty.

Cabo Verde drew up a protocol in 2017 and signed it with the ILO to be able to help its most vulnerable categories. It should be added that the World Bank has also helped young children from the ages of 0 to 3 years, and particularly young children experiencing great difficulty with their physical development. However, it is necessary to avoid sexual abuse, particularly as identified in the UNICEF report, which provided worrying information. All of this is true despite what has been noted and the criminalization of sex work by young persons.

Cabo Verde is working with UNICEF and other organizations to combat child labour, but I have to say that through their intervention the Portuguese-speaking countries are helping the archipelago and the absolute priority for us is to combat child labour in all its forms. We are working through the unions for this purpose. Not only are we willing to work with the national authorities, but we must all take action to combat this problem.

The worst forms of child labour are a constant concern for the authorities of Cabo Verde. An illustration is provided by the presentation published this weekend by the President of the Republic on the need to take determined action to combat trafficking, as illustrated by many cases. We need to be present in this, but we have not managed to bring an end to child labour because the criminal gangs that exploit children and young persons are continuing to operate without being severely punished.

In this context, it is very important for the work that is being carried out to go further, to combat traffickers and also to end the exploitation of these children who are the victims of poverty. We have to work with the social partners for this purpose, and particularly to prevent the worst forms of child labour. Portugal has long experience in this respect and our social partners are engaged in eradicating these worst forms of child labour. For this purpose, Portugal wishes to collaborate with the ILO to strengthen the work that is being carried out as a means of bringing an end in this way to the exploitation of young persons by gangs of delinquents.

Government representative – First, I would like to thank all those who spoke during the debate, which has contributed to the discussion of the case of Cabo Verde. We will continue to make progress and find practical means of taking action. I would also like to give thanks to all the countries and all the international organizations that are helping us with the implementation of these measures.

Second, I would like to specify two issues. In the first place, with regard to the application in practice of the legislation on sex crimes, our legislation separates sexual exploitation and prostitution from sexual abuse. There are cases of sexual abuse that are under investigation and are being punished. There are penalties in cases of sexual abuse and aggression. This is why we make this distinction. Investigations are carried out in cases of sexual aggression, and there are also investigations in cases of sexual abuse.

Another issue concerns our list of hazardous types of work for children, established by section 2 of the Act. Section 2 of Act No. 113/VIII/2016 provides for an exception in relation to the worst forms of child labour, addressed in subsections (a), (b) and (c) of section 4, which applies to persons under 18 years of age. The Act therefore applies to persons under 16 years of age and under 18 years.

Cabo Verde has many challenges to face, but the Government is continuing to make decisive efforts to continue the implementation of measures for the prevention and elimination of the worst forms of child labour.

Worker members – We thank the representative of the Government of Cabo Verde for the information that she has provided during the discussion and we also thank the other speakers for their contributions.

While recognizing the progress achieved on certain points and the will shown by the Government of Cabo Verde to reinforce its efforts to combat the exploitation of children in the worst forms of child labour, and particularly to combat their sexual exploitation, we must still note that in practice many children have still not been removed from the worst forms of child labour.

We cannot therefore endorse the statements that have described the case of Cabo Verde as a case of progress. The Employers and Workers agree on a list composed of 24 cases of serious failings in the application of international labour Conventions. If the social partners decide to treat a case of progress, it will be identified as such on the list, which was not the case this year.

Although the Committee of Experts has identified Cabo Verde as a case of progress, it should be highlighted that the Committee of Experts itself emphasizes in its report that an indication of progress is limited to a specific issue related to the application of the Convention and the nature of the measures adopted by the government concerned. The progress achieved at the legislative level is undoubted, but our Committee does not only examine the legal aspects of a case. It also has to examine the conformity in practice with the Convention in the country under consideration, and it is precisely there that the issues still arise for Cabo Verde.

If we examine the overall situation of Cabo Verde in relation to the Convention, much progress still needs to be made on the ground. That does not mean that we deny the real will and firm commitment of the Government of Cabo Verde to eliminate the worst forms of child labour on its territory. On the contrary, we have full confidence that the Government of Cabo Verde will work seriously to resolve the shortcomings that we are still bound to note in practice.

The Government will therefore ensure that immediate and effective measures are taken, in law and in particular in practice, for the prohibition and elimination of the worst forms of child labour, as a matter of urgency. In order to assess the impact of the amendments that have been made to the provisions of the Penal Code, we ask the Government to provide information on the application in practice of the new and amended provisions of the Penal Code, including the number of investigations, prosecutions and convictions, as well as the penalties imposed in cases of the use, procuring or offering of a child under 18 years of age for prostitution, for the production of pornography or for pornographic performances.

The Government will ensure the availability to the inspection services of all the resources necessary for the supervision, prosecution and repression of violations, and the prohibition of the exploitation of children in the worst forms of child labour.

We also ask the Government to establish a specific framework to care for child victims of such forms of abuse. This framework is necessary for the success of the procedures for the rehabilitation and reintegration of these children. They should therefore benefit from protection and access to medical, social, legal and housing services.

We encourage the Government to reinforce the efforts that it has already made to develop plans of action to combat sexual violence against children, and particularly to extend the plan of action that is already being implemented for the period 2017–19 and to ensure its effective implementation.

The Committee of Experts requested the Government to continue to take measures to improve the functioning of the education system and to provide updated statistical data on school attendance and drop-out rates.

As access to education is the best guarantee of saving children from the worst forms of child labour, the Government should ensure that all the necessary measures are taken to raise school attendance rates in both primary and secondary education.

The Convention provides in Article 3(d) that it is prohibited to engage children in work which is likely to harm their health, safety or morals. The Government should ensure that the Act adopted on 10 March 2016 is amended to raise from 16 to 18 years the prohibition to engage children in hazardous types of work. The prohibition of the engagement of children in hazardous types of work is not only set out in Convention No. 138, but also in Convention No. 182. A recommendation should therefore be sent to the Government of Cabo Verde on this subject on the basis of Convention No. 182.

The Government should ensure that children are identified who are particularly exposed to the worst forms of child labour, such as children living in the streets. It should contact them, particularly through the establishment of programmes for the rehousing of these children and to place them back in school.

We ask the Government of Cabo Verde to request ILO technical assistance and to consult all of the social partners in Cabo Verde with a view to the implementation of all these recommendations.

Employer members – Once again, we would like thank the Cabo Verde Government representative for sharing further information with the Committee this evening. At this point we must disagree with the view expressed by the Workers that this is not a case of progress, which we hold it to be. We agree that the Government has not yet eliminated the worst forms of child labour in Cabo Verde, however, like the Committee of Experts, we are satisfied that there is progress towards compliance with the Convention, as demonstrated by the steps already taken by the Government in revising its Penal Code.

We have noted that the situation of extreme poverty in parts of Cabo Verde may be a big contributing factor to the sexual exploitation of children. In this regard, we commend the actions of the Government to raise awareness among the vulnerable children, as well as to retain children within the schooling system. Moreover, we encourage the Government to continue working with international development partners to tackle the socio-economic circumstances that either lead to, or result in, sexual exploitation of children.

Finally, we encourage the Government further to demonstrate entrenchment of its commitment to the Convention by adequately resourcing the state machinery that combats the sexual exploitation of children. We also encourage the Government to submit reports of progress to the Office, including on the number of investigations, prosecutions, convictions and the penalties imposed and to avail itself of any technical assistance it may need to realize full compliance with the Convention.

Conclusions of the Committee

The Committee took note of the oral statements made by the Government representative and the discussion that followed.

The Committee noted with satisfaction the developments in the legislative framework with regard to the amendment of the Penal Code by Legislative Decree No. 4/2015 of 11 November 2015, ensuring that the use of minors under 18 years of age for purposes of prostitution and sexual exploitation is criminalized.

Taking into account the importance of applying the legislation effectively in practice, the Committee requests the Government to provide information on:

- the application of sections 145A, 148, 149 and 150 of the Penal Code in practice, 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 the age of 18 years for prostitution, for the production of pornography or for pornographic performances.

The Committee invites the Government to continue to report in the regular reporting cycle on progress made in the implementation of the Convention in law and practice in consultation with the most representative employers’ and workers’ organizations.

Government representative – The Government of Cabo Verde would like to thank the Committee for their conclusions. We fully agree with these conclusions, but with your permission, as a conclusion, we would like to reiterate the effort that the Government has made in this area. We are continuing to fight for the elimination of child labour. The official data on this show that progress has been made. We have disaggregated data based on the use of children for prostitution and sexual exploitation. We modified the Criminal Code in 2015 and we can see that this has resulted in a positive trend in those statistics. Along similar lines, the Government is continuing to fight the sexual exploitation of young people. We have a special committee that looks at human rights and a number of other related issues, and which is looking at elaborating a particular law on the abuse and sexual exploitation of children. We are also engaging in social dialogue, and this is extremely important to us. It is something that we have already implemented in Cabo Verde, and it is being practically implemented through a number of means. We are continually strengthening our laws and rules and we can see that in the adoption of a National Plan to Eliminate Child Labour. This has led to a number of other measures and that has been widely publicized in the country. For any legislative change that we have in the country, we also have wide-ranging social dialogue; workers and employers are involved in the adoption of those measures. We have taken a number of measures, as I have already said, and we would like to reiterate our Government’s commitment to the process that we have witnessed here and to the process of fighting to eradicate the worst forms of child labour.

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

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.

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

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.

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

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 noted that, pursuant to section 271A of the Penal Code, any person who provides, transfers, entices, accepts, transports, harbours or receives another person, including a minor, for purposes of sexual or labour exploitation shall be punished with imprisonment for a term of four to ten years. The Committee requested the Government to indicate whether the term “minor” under section 271A refers to persons under 18 years, and to provide information on the application of section 271A in practice with regard to the sale and trafficking of children under 18 years.

The Committee notes the Government’s information in its report that the term “minor” under section 271A of the Penal Code refers to children and adolescents under 18 years of age, in accordance with section 133 of the Civil Code. However, it notes the absence of information on the application of section 271A in practice. The Committee also notes that, in its concluding observations of January 2017, the Committee against Torture (CAT) of the United Nations (UN) expressed its concern at the large number of children being exploited in prostitution and engaging in begging, drug dealing and street vending, which made them vulnerable to human trafficking. The CAT also regretted the lack of official data on human trafficking (CAT/C/CPV/CO/1, paragraph 14). The Committee therefore once again requests the Government to provide information on the application of section 271A of the Penal Code 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.

Articles 3(d) and 4(1). Hazardous work and determination of hazardous types of work. With regard to the adoption of 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).

Article 6. Programme of Action. The Committee notes the Government’s information that the National Plan to Combat Sexual Violence against Children and Adolescents for the period of 2017–19 was adopted by Resolution No. 92/2016 of 28 December 2016. The National Plan was developed by the Cabo Verdean Institute for Children and Adolescents (ICCA) with the support of the United Nations Children’s Fund (UNICEF), covering the measures to combat all forms of sexual violence, including trafficking in children and adolescents for the purpose of sexual exploitation. The Committee also notes that the National Action Plan to Combat Trafficking in Persons for the period of 2018–21 was adopted by Resolution No. 40/2018 of 9 May 2018. Regarding the provision of assistance to victims of trafficking, the needs of minors as one of the vulnerable groups are taken into consideration. The Committee requests the Government to provide information on the implementation of the National Plan to Combat Sexual Violence for 2017–19 and the National Plan to Combat Trafficking in Persons for 2018–21, in particular on the measures taken to combat trafficking in children under 18 years for purposes of sexual and labour exploitation, including any progress made or results achieved in this regard.

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 previously noted the Government’s information on the framework to manage public education policies for the purpose of eliminating child labour in Cabo Verde. Moreover, the Cabo Verdean Foundation for Social and Educational Action initiated the distribution of school kits for primary- and secondary-school children as well as the payment of school fees, school accommodation and transport. The Committee requested the Government to continue taking measures to improve the functioning of the education system, and to provide updated statistical information on school attendance and drop-out rates.

The Committee notes the absence of information in the Government’s report. The Committee also notes that, according to the UNESCO Institute of Statistics, the net enrolment rate for primary level in 2016 was 86.16 per cent (85.29 per cent for girls and 87.02 per cent for boys), and for lower secondary level it was 63.97 per cent (67.76 per cent for girls and 60.22 per cent for boys). The Committee therefore requests the Government to take the necessary measures to improve the functioning of the education system, including by increasing the school enrolment, attendance and completion rates at both primary and secondary level. It also requests the Government to provide information on any progress made and results achieved in this regard.

Clause (d). Identifying children at special risk. Street children. The Committee previously noted that section 65(2) of the Children and Young Persons Act of 2013 prohibits children and young persons under the age of 15 years from working on the streets whether on their own initiative or that of their parents, guardians or third parties. The Committee also noted the Government’s indication that the ICCA had been implementing various programmes and projects, such as the project to support children at risk and their families, the foster family programme and the establishment of emergency child-assistance centres in Praia and Mindelo. The ICCA was also implementing the Nôs Kaza projects namely “Children off the streets and into schools”.

The Committee notes the Government’s information that the ICCA strengthened the Nôs Kaza centres on the island of Sal and in Praia, opened two units on the islands of Maio and Boa Vista, and established an office in the Southern Santiago district. The Committee also notes that, according to the Report of the UN Special Rapporteur on adequate housing as a component of the right to an adequate standard of living, and on the right to non-discrimination in this context, on her mission to Cabo Verde of December 2015, there is a population of children who are on the streets to escape inadequate housing conditions and/or violence or to assist in generating income for their families. While some charitable services appear to be available, it is unclear whether these services are sufficient and whether the Government has a plan or strategy to address the causes of such phenomena and prevent them (A/HRC/31/54/Add.1, paragraph 78). The Committee therefore requests the Government to continue its efforts to remove children from the streets and provide assistance for their rehabilitation and social integration. It once again requests the Government to provide information on the number of children removed from the streets and given education and assistance pursuant to programmes implemented by the ICCA.

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

Article 3(b) of the Convention. Worst forms of child labour. Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously noted that the Penal Code established penalties for encouraging or facilitating the prostitution of children under 16 years of age (section 148) and the use of a child under 14 years of age in pornographic performances (section 150). The Committee requested the Government to take the necessary measures to bring its legislation into conformity with Article 3(b) of the Convention in order to ensure that the use, procuring or offering of children for prostitution, for the production of pornography or for pornographic performances is prohibited for young persons under 18 years of age.

The Committee notes the Government’s information in its report that the Penal Code was amended by Legislative Decree No. 4/2015 of 11 November 2015. The Committee notes with satisfaction that the use of minors under 18 years of age for purposes of prostitution is criminalized and punishable by imprisonment of two to 12 years pursuant to section 145A. Sections 148 and 150 are also amended and supplemented by subsections criminalizing the offences related to encouraging or facilitating the prostitution of children aged 16–18 and the use of minors aged 14–18 in pornography production and pornographic performances. Additionally, section 149 criminalizes the offences related to encouraging or facilitating sexual exploitation or prostitution of children under 18 years in a foreign country and provides for aggravated sanctions. The Committee requests the Government to provide information on the application of sections 145A, 148, 149 and 150 of the Penal Code in practice, 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.

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

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 3 of the Convention. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery. Sale and trafficking of children. The Committee previously noted that section 149 of the Penal Code makes it a criminal offence to procure, transport, accommodate or receive a child under 16 years of age for the purposes of prostitution in a foreign country. It urged the Government to take the necessary measures to bring its legislation into conformity with Article 3(a) of the Convention by ensuring that the sale and trafficking of children is prohibited for all persons under 18 years of age.

The Committee notes the Government’s information that the Penal Code has been revised in order to criminalize the offences relating to the sale and trafficking of children. According to the Government’s report, section 271A of the revised Penal Code states that any person who provides, transfers, entices, accepts, transports, harbours or receives another person, including a minor, for purposes of sexual or labour exploitation shall be punished with imprisonment for a term of four to ten years. The Committee requests the Government to indicate whether the term “minor” as used under section 271A of the Penal Code includes children and young persons under the age of 18 years. It also requests the Government to provide information on the application of section 271A, in practice, including, for example, statistics on the number and nature of offences reported, investigations, prosecutions, convictions and penal sanctions imposed with regard to the sale and trafficking of children under 18 years. Finally, the Committee requests the Government to provide a copy of the revised Penal Code.

Clause (b). Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously noted that the Penal Code established penalties for encouraging or facilitating the prostitution of children under 16 years of age (section 148) and the use of a child under 14 years of age in pornographic performances (section 150). The Committee requested the Government to take the necessary measures to bring its legislation into conformity with Article 3(b) of the Convention in order to ensure that the use, procuring or offering of children for prostitution, for the production of pornography or for pornographic performances is prohibited for young persons under 18 years of age.

The Committee notes the absence of information in the Government’s report on this point. The Committee requests the Government to provide information on the measures taken or envisaged to harmonize the provisions of the Penal Code with this Convention in order to ensure the prohibition on the use, procuring or offering of children under the age of 18 years for prostitution and for the production of pornography and pornographic performances.

Clause (d). Hazardous work. The Committee previously observed that by virtue of section 2 of the Labour Code, its provisions did not apply to children under 18 years of age who engage in hazardous work outside an employment relationship. It noted the Government’s information that this was a grey area which was not regulated by law and needed to be regulated. Noting the absence of information in the Government’s report in this regard, the Committee once again requests the Government to take the necessary measures to ensure that children under 18 years who do not work under an employment relationship benefit from the protection afforded by Article 3(d) of the Convention from 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. It requests the Government to provide information on the progress made in this regard.

Article 4(1) and (2). Determination of hazardous types of work. With regard to the adoption of the list of hazardous types of work prohibited to children under 18 years of age, the Committee refers to its comments under the Minimum Age Convention, 1973 (No. 138). The Committee also draws the Government’s attention to Article 4(1) of this Convention, according to which the types of work referred to under Article 3(d) must be determined by national laws or regulations or by the competent authority, taking into consideration relevant international standards, in particular Paragraph 3 of Recommendation No. 190.

Article 6. Programmes of action. National Action Plan for the Prevention and Elimination of Child Labour, 2014 (PANPETI). The Committee notes from the Government’s report that PANPETI-2014 provides for a set of actions to eliminate child labour which are being implemented and which focuses on: (a) communication and awareness raising; (b) prevention, protection and rehabilitation; (c) capacity building for national institutions; (d) strengthening international cooperation; (e) legislative reforms; and (f) monitoring and inspection. The Committee requests the Government to provide information on the impact of the measures taken within the framework of the PANPETI-2014 on eliminating the worst forms of child labour. It also requests the Government to provide information on the results achieved.

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. Following its previous comments, the Committee notes the Government’s information that there exists a well-established framework to manage public education policies for the purpose of eliminating child labour in Cabo Verde. These include: (i) the national school meals programme which provides free daily meals to almost 90,000 children; (ii) the national school health programme which complements the health measures in schools with the aim of reducing the prevalence of diseases in the community at large and reduces risk behaviour; (iii) the “education for all” project aimed at supporting the education system by extending special educational services to improve attendance at school and strengthening the inclusion process of students with special needs; and (iv) the illiteracy and numeracy programme which seeks to improve the quality of education. Moreover, the Cabo Verdean Foundation for Social and Educational Action has initiated the distribution of school kits for primary- and secondary-school children as well as payment of school fees, school accommodation and transport. The Committee notes with interest that according to the UNESCO Institute of Statistics, the net enrolment rate for the primary level in 2013 was 98.1 per cent (96.8 per cent female and 99.3 per cent male) and for the secondary level it was 69.9 per cent (74.6 per cent female and 65.3 per cent male). The Committee requests the Government to continue taking measures to improve the functioning of the education system, in particular to increase the school enrolment, attendance and completion rates at the secondary level. It also requests the Government to provide updated statistical data disaggregated by sex on school attendance and drop-out rates.

Clause (d). Identifying children at special risk. Street children. Following its previous comments, the Committee notes that section 65(2) of the newly adopted Children and Young Persons Act of 2013 prohibits children and young persons under the age of 15 years from working on the streets whether on their own initiative or that of their parents, guardians or third parties. The Committee also notes the Government’s indication that the Cabo Verdan Institute for Children and Young Persons (ICCA) has been implementing various programmes and projects in particular: (a) the project to support children at risk and their families which provides educational and vocational training programmes to children; (b) the “dial to report” project which provides a free helpline; (c) emergency child-assistance centres in Praia and Mindelo whose primary aim is to provide care and protection to neglected, abandoned and abused children (these centres dealt with a total of 1,781 emergency cases of children and adolescents in high-risk situations from 2013 to 2014); (d) the foster family programme which seeks to keep children in families (currently 70 foster families are participating in this programme); (e) the social services programme through which 2,699 children benefited from 2013 to the first half of 2014; and (f) the social protection and reintegration programme within which five social protection and reintegration centres were developed and are currently operating in full capacity. Moreover, the ICCA is also implementing the Nôs Kaza projects namely “Children off the streets and into schools”. The Committee encourages the Government to continue its efforts to remove children from the streets and provide for their rehabilitation and social integration, and to provide information on the number of children removed from the streets and given education and assistance pursuant to programmes implemented by the ICCA.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 3 of the Convention. Worst forms of child labour. Clauses (a) and (b). Slavery or practices similar to slavery. Sale and trafficking of children for sexual exploitation and using, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously noted the Government’s information that section 149 of the Penal Code makes it a criminal offence to procure, transport, accommodate or receive a child under 16 years of age for the purposes of prostitution in a foreign country. It also noted that section 148 of the Penal Code punishes encouraging or facilitating the prostitution of children under 16 years of age. It finally noted that section 150 of the Penal Code makes it a criminal offence to use a child under 14 years of age in pornographic performances. The Committee reminded the Government that by virtue of Article 3(a) and (b) the sale and trafficking of children and the use, procuring and offering of children for prostitution and for the production of pornography or for pornographic performances, must be prohibited for any person under 18 years of age.

The Committee notes the Government’s information that there have been no changes with regard to the provisions which prohibit the sale and trafficking of young persons for sexual exploitation and the use, procuring or offering of young persons for prostitution and for the production of pornography or for pornographic performances. It also notes that the National Plan of Action for the Elimination of Child Labour (National Plan against Child Labour) envisages the harmonization of the Penal Code with this Convention, especially with regard to the age of victims in crimes related to the commercial sexual exploitation of children. The Committee urges the Government to take the necessary measures to bring its legislation into conformity with Article 3(a) and (b) of the Convention in order to ensure that the sale and trafficking of children for sexual exploitation and the use, procuring or offering of children for prostitution, for the production of pornography or for pornographic performances is prohibited for young persons under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. Following its previous comments, the Committee notes the Government’s information that section 8(i) of Act No. 78/IV/93 of 12 July 1993 establishes more severe penalties for the production, trade and trafficking of drugs where the person committed the offence using minors. The Committee notes that the National Plan against Child Labour envisages the possibility of punishing separately the offence of using children in illicit activities. The Committee requests the Government to provide information on any progress in this regard. It also requests the Government to provide information on the practical application of section 8(i) of Act No. 78/IV/93 of 12 July 1993, including statistics on the number and nature of the violations reported, investigations carried out, prosecutions, convictions and penal sanctions applied.

Clause (d). Hazardous work. Following its previous comments, the Committee notes the Government’s information that the new Labour Code was approved by Decree No. 5/2007 of 16 October 2007. It notes that section 2 of the Labour Code establishes that it is applicable to all employment relationships with private, cooperative and mixed enterprises and, in some instances, public bodies. It observes that, by virtue of this provision, the Labour Code does not apply to children under 18 years of age who engage in hazardous work outside an employment relationship. The Committee notes the Government’s information that there is a grey area including work which is not performed under an employment contract, which is not regulated by law and needs to be regulated. It also notes that the National Plan against Child Labour has among its objectives the revision of the legal framework on child labour, including its worst forms. The Committee requests the Government to take the necessary measures, in the context of the implementation of the National Plan against Child Labour, to ensure that children under 18 years who do not work under an employment relationship benefit from the protection afforded by Article 3(d) of the Convention from 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. It requests the Government to provide information on the progress in this regard.

Article 4(1) and (2). Determination of hazardous types of work and identification of where they exist. Following its previous comments, the Committee notes the Government’s information that section 267 of the Labour Code prohibits night work for young persons under 18 years. Moreover, section 7 provides that a government’s representative responsible for labour may prohibit by decree the performance of work by minors and raise the age limits fixed by the Labour Code for certain types of work, occupations or sectors of activity. The Committee notes the Government’s information that no such decree has been adopted yet. It also notes that the adoption of the list of hazardous types of work for children under 18 years and the promotion of its periodic review in conformity with the Convention is one of the objectives of the National Plan against Child Labour. The Committee reminds the Government that, under the terms of Article 3(d) of the Convention, hazardous types of work constitute one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It also recalls that, by virtue of Article 4(1) of the Convention, the types of hazardous work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee urges the Government to take the necessary steps to adopt the list of types of hazardous work to be prohibited for children under 18 years at the earliest possible date and requests it to provide information on any progress made in this respect in its next report. The Government is also asked to send information on the consultations held with employers’ and workers’ organizations to determine these types of work.

Article 5. Monitoring mechanisms. The Committee notes that, according to the National Plan against Child Labour, the bodies who work in areas related to child labour face various shortfalls including the lack of appropriate human and financial resources, the lack of knowledge on child labour and on the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), and limited statistics on child labour. It also notes that one of the objectives of the National Plan against Child Labour is to strengthen the mechanisms in charge of enforcing the law (the labour inspectorate, the police, the Cape Verdean Office for Childhood and Adolescence (ICCA), and the Attorney-General’s Office). The Committee requests the Government to provide information on the results of the implementation of the National Plan against Child Labour in terms of strengthening the capacity of the law enforcement agencies in combating the worst forms of child labour and the results achieved.

Article 6. Programmes of action. National Plan against Child Labour. The Committee notes with interest that the National Plan against Child Labour was adopted in 2008. It notes the Government’s information that this Plan, which also targets the worst forms of child labour, is based on three key aspects: reform of the legal framework and harmonization with international standards; raising awareness on child labour; and prevention of child labour through educational measures. A national workshop for the creation of a platform for the implementation of the National Plan against Child Labour was carried out. The Committee requests the Government to provide information on the programmes of action for the elimination of the worst forms of child labour undertaken in the context of the implementation of the National Plan against Child Labour and results achieved.

Article 7(1). Penalties. In its previous comments, the Committee noted the Government’s indication that, by virtue of section 5 of Legislative Decree No. 90 of 31 December 1997, the General Labour Inspectorate may impose fines of between 5,000 and 160,000 escudos (between US$55 and US$1,758) for violations of the labour legislation. It requested the Government to review these fines and to put in place penalties that will effectively deter the use of children under 18 years in hazardous work. It also requested the Government to indicate the applicable penalties for violations of Article 3(a)–(c) of the Convention.

The Committee notes the Government’s information that section 408 of the Labour Code provides that any person who, with intent to secure a gain for himself or others, except in the cases permitted by law, exploits child labour for the performance of tasks prohibited by the Labour Code, abusing the minor’s inexperience, need or dependency, is punishable by a fine equivalent to up to one year’s remuneration of an adult worker. It further notes that section 149 of the Penal Code punishes procuring, transporting, accommodating or receiving a child under 16 years of age for the purposes of prostitution in a foreign country by up to eight years’ imprisonment. Section 148 of the Penal Code punishes encouraging or facilitating the prostitution of children by penalties of up to eight years’ imprisonment if the child is under 14 years and of up to five years’ imprisonment if the child is under 16 years of age. Section 150 of the Penal Code punishes by penalties of up to three years’ imprisonment using a child under 14 years of age in pornographic performances. Furthermore, sections 3–7 of Act No. 78/IV/93 of 12 July 1993 punish by penalties of up to 15 years’ imprisonment the production, trade and trafficking of drugs. The penalties shall be increased by one fourth where the person used a minor to commit the offence (section 8(i)). The Committee requests the Government to provide information on the practical application of section 408 of the Labour Code with regard to the prohibition of using children under 18 years in hazardous work, including statistics on the number and nature of the violations reported, investigations carried out, and prosecutions, convictions and penal sanctions applied.

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. In its previous comments, the Committee noted that article 77(1) and (3) of the Constitution gives everyone the right to education and that it is the responsibility of the State to ensure the right to equality of opportunity in access to schooling, promote the elimination of illiteracy and encourage continuous education. It also noted the Government’s indication that, although schooling was not free for everyone, the Cape Verde Social and Educational Action Institute (ICASE), with the support of the World Food Programme (WFP) and UNICEF, ensures the school attendance of children from poor families by paying their school fees, school materials and meals. Furthermore, the Government adopted a National Plan for Gender Equality which includes literacy measures.

The Committee notes the Government’s information that, according to the study “Children and Work in Cape Verde: a Juridical and Sociological Study”, which was carried out by the ICCA in 2007, 41.4 per cent of children between 5 and 17 years who work do not attend school. It also notes the Government’s information that the Strategic Education Plan and the National Plan against Child Labour envisage various educational measures – such as strengthening the monitoring of school drop-outs, promoting non-formal education and vocational training and providing educational grants and other financial allowances to children and families in need – to prevent child labour and promote the insertion or reinsertion of children in school, including those children who work or are at risk of working. The Committee also notes the Government’s information that an Educational Guide on Child Labour was developed by the ICCA with the objective of raising awareness amongst parents, educators and other stakeholders concerned, on child labour. The Committee requests the Government to provide information on the results of the educational measures under the Strategic Education Plan and the National Plan against Child Labour in terms of improving access to free basic education for all children, with particular attention to children from poor families. It also requests the Government to provide updated statistical data disaggregated by sex on school attendance and drop-out rates.

Clause (d). Identifying children at special risk. Street boys. In its previous comments, the Committee noted that, in its concluding observations on the initial report of Cape Verde (CRC/C/15/Add.168, paragraph 61), the Committee on the Rights of the Child expressed concern that children are living and working in the street, particularly in the urban centres of Mindelo, Praia and Sal. It noted the Government’s indication that the Cape Verde Minors Institute (ICM) collaborates with social, psychological and medical staff to provide street children with the means for their social integration. The ICM has reception and social integration centres in which children are accommodated and guided towards schools and training centres. Furthermore, emergency centres were established for children who are victims, inter alia, of sexual and economic exploitation.

The Committee notes that, according to the study “The vulnerability of children and adolescents in Cape Verde”, carried out by the ICCA in 2005, in Concelhos de Praia, Sta. Catarina, Sta. Cruz, Tarrafl and S. Vicente, 184 street children and 479 children being on the street but not properly living on the street, were identified. The ICCA database reports that in 2009 only 160 children lived on the street. This indicates an increased effort of the bodies in charge of social protection, especially the ICCA and NGOs. However, the study reveals that more than 70 per cent of the street children start working before 15 years and the violence of gangs of street children has intensified. The Committee also notes that, according to the study “Children and Work in Cape Verde: a Juridical and Sociological Study”, 12.8 per cent of children work in street vending. It further notes the Government’s information that ICCA is implementing the project “Nôs Kasa – Criança dora da rua, dentro da escola”, which is aimed at reinserting into school and their families children who are living in the street and have totally or partially lost contact with the school or with their families. It finally notes the Government’s information that child emergency centres and reception centres are operating under the umbrella of the ICCA and a complaint hotline has been set up. The Committee encourages the Government to continue its efforts to remove children from the streets and provide for their rehabilitation and social integration, and to provide information on the number of children removed from the streets and given education pursuant to programmes such as those implemented by ICCA.

Application of the Convention in practice. The Committee notes the results of the study “Children and Work in Cape Verde: a Juridical and Sociological Study”. In particular, it notes the Government’s information that, according to this study, while the phenomenon of child labour exists in Cape Verde and is fairly serious, the incidence of its worst forms is rather small. Child labour, including its worst forms, tends to stem from the family itself and mainly consists of forms of work falling within normal family activities, which do not have a productive aspect and do not involve an employment relationship. Amongst the children between 5 and 17 years of age who were found working (884), 37.2 per cent do so within the family unit and 58.4 per cent outside. Of the activities performed outside the home, the greatest concentration is in the 15–17 age group, with an occupation rate of 68.8 per cent. In urban areas, activities outside the home are prevalent (69.7 per cent), with a concentration in the commerce and service sectors, including: street vending (12.8 per cent); preparing pastries (3.1 per cent); and fishing (3.8 per cent). In rural areas, activities within the family sphere are predominant (55.8 per cent) including agriculture and livestock farming within the family circle. Among working children, the informal sector is the greatest employer in Cape Verde, especially in domestic work (12.4 per cent) and street vending. The incidence of hazardous work such as collecting garbage (0.5 per cent) and transporting waste (1.4 per cent) is limited. Out of 63 children who admitted to having had contact with drugs, 12.7 per cent acted as dealers for an adult. The Committee requests the Government to continue providing 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 reported, investigations undertaken, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 3. Worst forms of child labour. Clauses (a) and (b). Slavery or practices similar to slavery. Sale and trafficking of children for sexual exploitation and using, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously noted the Government’s information that section 149 of the Penal Code makes it a criminal offence to procure, transport, accommodate or receive a child under 16 years of age for the purposes of prostitution in a foreign country. It also noted that section 148 of the Penal Code punishes encouraging or facilitating the prostitution of children under 16 years of age. It finally noted that section 150 of the Penal Code makes it a criminal offence to use a child under 14 years of age in pornographic performances. The Committee reminded the Government that by virtue of Article 3(a) and (b) of the Convention the sale and trafficking of children and the use, procuring and offering of children for prostitution and for the production of pornography or for pornographic performances, must be prohibited for any person under 18 years of age.

The Committee notes the Government’s information that there have been no changes with regard to the provisions which prohibit the sale and trafficking of young persons for sexual exploitation and the use, procuring or offering of young persons for prostitution and for the production of pornography or for pornographic performances. It also notes that the National Plan of Action for the Elimination of Child Labour (National Plan against Child Labour) envisages the harmonization of the Penal Code with this Convention, especially with regard to the age of victims in crimes related to the commercial sexual exploitation of children. The Committee urges the Government to take the necessary measures to bring its legislation into conformity with Article 3(a) and (b) of the Convention in order to ensure that the sale and trafficking of children for sexual exploitation and the use, procuring or offering of children for prostitution, for the production of pornography or for pornographic performances is prohibited for young persons under 18 years of age.

Clause (c). Use, procuring or offering of a child for illicit activities. Following its previous comments, the Committee notes the Government’s information that section 8(i) of Act No. 78/IV/93 of 12 July 1993 establishes more severe penalties for the production, trade and trafficking of drugs where the person committed the offence using minors. The Committee notes that the National Plan against Child Labour envisages the possibility of punishing separately the offence of using children in illicit activities. The Committee requests the Government to provide information on any progress in this regard. It also requests the Government to provide information on the practical application of section 8(i) of Act No. 78/IV/93 of 12 July 1993, including statistics on the number and nature of the violations reported, investigations carried out, prosecutions, convictions and penal sanctions applied.

Clause (d). Hazardous work. Following its previous comments, the Committee notes the Government’s information that the new Labour Code was approved by Decree No. 5/2007 of 16 October 2007. It notes that section 2 of the Labour Code establishes that it is applicable to all employment relationships with private, cooperative and mixed enterprises and, in some instances, public bodies. It observes that, by virtue of this provision, the Labour Code does not apply to children under 18 years of age who engage in hazardous work outside an employment relationship. The Committee notes the Government’s information that there is a grey area including work which is not performed under an employment contract, which is not regulated by law and needs to be regulated. It also notes that the National Plan against Child Labour has among its objectives the revision of the legal framework on child labour, including its worst forms. The Committee requests the Government to take the necessary measures, in the context of the implementation of the National Plan against Child Labour, to ensure that children under 18 years who do not work under an employment relationship benefit from the protection afforded by Article 3(d) of the Convention from 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. It requests the Government to provide information on the progress in this regard.

Article 4(1) and (2). Determination of hazardous types of work and identification of where they exist. Following its previous comments, the Committee notes the Government’s information that section 267 of the Labour Code prohibits night work for young persons under 18 years. Moreover, section 7 provides that a government’s representative responsible for labour may prohibit by decree the performance of work by minors and raise the age limits fixed by the Labour Code for certain types of work, occupations or sectors of activity. The Committee notes the Government’s information that no such decree has been adopted yet. It also notes that the adoption of the list of hazardous types of work for children under 18 years and the promotion of its periodic review in conformity with the Convention is one of the objectives of the National Plan against Child Labour. The Committee reminds the Government that, under the terms of Article 3(d) of the Convention, hazardous types of work constitute one of the worst forms of child labour and that, under the terms of Article 1 of the Convention, immediate and effective measures shall be taken to secure the prohibition and elimination of the worst forms of child labour as a matter of urgency. It also recalls that, by virtue of Article 4(1) of the Convention, the types of hazardous work shall be determined by national laws or regulations or by the competent authority, after consultation with the organizations of employers and workers concerned. The Committee urges the Government to take the necessary steps to adopt the list of types of hazardous work to be prohibited for children under 18 years at the earliest possible date and requests it to provide information on any progress made in this respect in its next report. The Government is also asked to send information on the consultations held with employers’ and workers’ organizations to determine these types of work.

Article 5. Monitoring mechanisms. The Committee notes that, according to the National Plan against Child Labour, the bodies who work in areas related to child labour face various shortfalls including the lack of appropriate human and financial resources, the lack of knowledge on child labour and on the Minimum Age Convention, 1973 (No. 138), and the Worst Forms of Child Labour Convention, 1999 (No. 182), and limited statistics on child labour. It also notes that one of the objectives of the National Plan against Child Labour is to strengthen the mechanisms in charge of enforcing the law (the labour inspectorate, the police, the Cape Verdean Office for Childhood and Adolescence (ICCA), and the Attorney-General’s Office). The Committee requests the Government to provide information on the results of the implementation of the National Plan against Child Labour in terms of strengthening the capacity of the law enforcement agencies in combating the worst forms of child labour and the results achieved.

Article 6. Programmes of action. National Plan against Child Labour. The Committee notes with interest that the National Plan against Child Labour was adopted in 2008. It notes the Government’s information that this Plan, which also targets the worst forms of child labour, is based on three key aspects: reform of the legal framework and harmonization with international standards; raising awareness on child labour; and prevention of child labour through educational measures. A national workshop for the creation of a platform for the implementation of the National Plan against Child Labour was carried out. The Committee requests the Government to provide information on the programmes of action for the elimination of the worst forms of child labour undertaken in the context of the implementation of the National Plan against Child Labour and results achieved.

Article 7(1). Penalties. In its previous comments, the Committee noted the Government’s indication that, by virtue of section 5 of Legislative Decree No. 90 of 31 December 1997, the General Labour Inspectorate may impose fines of between 5,000 and 160,000 escudos (between US$55 and US$1,758) for violations of the labour legislation. It requested the Government to review these fines and to put in place penalties that will effectively deter the use of children under 18 years in hazardous work. It also requested the Government to indicate the applicable penalties for violations of Article 3(a)–(c) of the Convention.

The Committee notes the Government’s information that section 408 of the Labour Code provides that any person who, with intent to secure a gain for himself or others, except in the cases permitted by law, exploits child labour for the performance of tasks prohibited by the Labour Code, abusing the minor’s inexperience, need or dependency, is punishable by a fine equivalent to up to 1 year’s remuneration of an adult worker. It further notes that section 149 of the Penal Code punishes procuring, transporting, accommodating or receiving a child under 16 years of age for the purposes of prostitution in a foreign country by up to 8 years’ imprisonment. Section 148 of the Penal Code punishes encouraging or facilitating the prostitution of children by penalties of up to 8 years’ imprisonment if the child is under 14 years and of up to 5 years’ imprisonment if the child is under 16 years of age. Section 150 of the Penal Code punishes by penalties of up to 3 years’ imprisonment using a child under 14 years of age in pornographic performances. Furthermore, sections 3–7 of Act No. 78/IV/93 of 12 July 1993 punish by penalties of up to 15 years’ imprisonment the production, trade and trafficking of drugs. The penalties shall be increased by one fourth where the person used a minor to commit the offence (section 8(i)). The Committee requests the Government to provide information on the practical application of section 408 of the Labour Code with regard to the prohibition of using children under 18 years in hazardous work, including statistics on the number and nature of the violations reported, investigations carried out, and prosecutions, convictions and penal sanctions applied.

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. In its previous comments, the Committee noted that article 77(1) and (3) of the Constitution gives everyone the right to education and that it is the responsibility of the State to ensure the right to equality of opportunity in access to schooling, promote the elimination of illiteracy and encourage continuous education. It also noted the Government’s indication that, although schooling was not free for everyone, the Cape Verde Social and Educational Action Institute (ICASE), with the support of the World Food Programme (WFP) and UNICEF, ensures the school attendance of children from poor families by paying their school fees, school materials and meals. Furthermore, the Government adopted a National Plan for Gender Equality which includes literacy measures.

The Committee notes the Government’s information that, according to the study “Children and Work in Cape Verde: a Juridical and Sociological Study”, which was carried out by the ICCA in 2007, 41.4 per cent of children between 5 and 17 years who work do not attend school. It also notes the Government’s information that the Strategic Education Plan and the National Plan against Child Labour envisage various educational measures – such as strengthening the monitoring of school dropouts, promoting non-formal education and vocational training and providing educational grants and other financial allowances to children and families in need – to prevent child labour and promote the insertion or reinsertion of children in school, including those children who work or are at risk of working. The Committee also notes the Government’s information that an Educational Guide on Child Labour was developed by the ICCA with the objective of raising awareness amongst parents, educators and other stakeholders concerned, on child labour. The Committee requests the Government to provide information on the results of the educational measures under the Strategic Education Plan and the National Plan against Child Labour in terms of improving access to free basic education for all children, with particular attention to children from poor families. It also requests the Government to provide updated statistical data disaggregated by sex on school attendance and dropout rates.

Clause (d). Identifying children at special risk. Street boys. In its previous comments, the Committee noted that, in its concluding observations on the initial report of Cape Verde (CRC/C/15/Add.168, paragraph 61), the Committee on the Rights of the Child expressed concern that children are living and working in the street, particularly in the urban centres of Mindelo, Praia and Sal. It noted the Government’s indication that the Cape Verde Minors Institute (ICM) collaborates with social, psychological and medical staff to provide street children with the means for their social integration. The ICM has reception and social integration centres in which children are accommodated and guided towards schools and training centres. Furthermore, emergency centres were established for children who are victims, inter alia, of sexual and economic exploitation.

The Committee notes that, according to the study “The vulnerability of children and adolescents in Cape Verde”, carried out by the ICCA in 2005, in Concelhos de Praia, Sta. Catarina, Sta. Cruz, Tarrafl and S. Vicente, 184 street children and 479 children being on the street but not properly living on the street, were identified. The ICCA database reports that in 2009 only 160 children lived on the street. This indicates an increased effort of the bodies in charge of social protection, especially the ICCA and NGOs. However, the study reveals that more than 70 per cent of the street children start working before 15 years and the violence of gangs of street children has intensified. The Committee also notes that, according to the study “Children and Work in Cape Verde: a Juridical and Sociological Study”, 12.8 per cent of children work in street vending. It further notes the Government’s information that ICCA is implementing the project “Nôs Kasa – Criança dora da rua, dentro da escola”, which is aimed at reinserting into school and their families children who are living in the street and have totally or partially lost contact with the school or with their families. It finally notes the Government’s information that child emergency centres and reception centres are operating under the umbrella of the ICCA and a complaint hotline has been set up. The Committee encourages the Government to continue its efforts to remove children from the streets and provide for their rehabilitation and social integration, and to provide information on the number of children removed from the streets and given education pursuant to programmes such as those implemented by ICCA.

Part V of the report form. Application of the Convention in practice. The Committee notes the results of the study “Children and Work in Cape Verde: a Juridical and Sociological Study”. In particular, it notes the Government’s information that, according to this study, while the phenomenon of child labour exists in Cape Verde and is fairly serious, the incidence of its worst forms is rather small. Child labour, including its worst forms, tends to stem from the family itself and mainly consists of forms of work falling within normal family activities, which do not have a productive aspect and do not involve an employment relationship. Amongst the children between 5 and 17 years of age who were found working (884), 37.2 per cent do so within the family unit and 58.4 per cent outside. Of the activities performed outside the home, the greatest concentration is in the 15–17 age group, with an occupation rate of 68.8 per cent. In urban areas, activities outside the home are prevalent (69.7 per cent), with a concentration in the commerce and service sectors, including: street vending (12.8 per cent); preparing pastries (3.1 per cent); and fishing (3.8 per cent). In rural areas, activities within the family sphere are predominant (55.8 per cent) including agriculture and livestock farming within the family circle. Among working children, the informal sector is the greatest employer in Cape Verde, especially in domestic work (12.4 per cent) and street vending. The incidence of hazardous work such as collecting garbage (0.5 per cent) and transporting waste (1.4 per cent) is limited. Out of 63 children who admitted to having had contact with drugs, 12.7 per cent acted as dealers for an adult. The Committee requests the Government to continue providing 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 reported, investigations undertaken, prosecutions, convictions and penal sanctions applied. To the extent possible, all information provided should be disaggregated by sex and age.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee noted the ACIAB’s indication that the worst forms of child labour are not a major problem in Cape Verde. Nevertheless, the Convention requires the Government to undertake adequate reforms to protect young persons under 18 years of age against the worst forms of child labour. In this respect, the Committee noted the adoption on 18 November 2003 of Legislative Decree No. 4/2003 issuing the Penal Code (the Penal Code). It also noted the information provided by the Government that a national commission for legal and institutional reform for children and young persons has recently been established. The national commission will undertake a study, followed by workshops, with a view to taking immediate measures to secure the prohibition and elimination of the worst forms of child labour. Furthermore, the Committee noted that the process of revising the Labour Code is still continuing. The Committee requests the Government to provide information as soon as possible on the study and the workshops organized by the national commission. It also hopes that the draft amendments to the Labour Code will be adopted in the near future and requests the Government to provide a copy as soon as they are adopted.

Article 3. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee noted previously that the national legislation did not appear to contain a provision prohibiting the sale or trafficking of children for sexual or economic exploitation. It noted 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 had expressed concern that the development of tourism would result in an increase in the sexual exploitation of children and in cases of trafficking of children. The Committee therefore requested the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for sexual or economic exploitation.

With regard to the sale and trafficking of children for sexual exploitation, the Committee noted the Government’s indication that section 149 of the Penal Code makes it a criminal offence to procure, transport, accommodate or receive a minor under 16 years of age for the purposes of prostitution in a foreign country. The Committee reminded the Government that Article 3(a) of the Convention covers the sale and trafficking of young persons under 18 years of age for sexual exploitation. It therefore requests the Government to take the necessary measures to bring the national legislation into conformity with the provisions of the Convention on this point. With regard to the sale and trafficking of children for economic exploitation, the Committee once again requests the Government to take the necessary measures to prohibit the sale and trafficking of young persons under 18 years of age for economic exploitation. Finally, it requests the Government to adopt provisions establishing appropriate penalties for these worst forms of child labour.

2. Forced or compulsory recruitment of children for use in armed conflict. In its previous comments, while noting the ratification of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the Committee noted that the Government had 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 30 September 1986, the minimum age for voluntary enrolment in the armed forces is 17 years. It also noted the Government’s indication 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 as 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 informed the Government that it inferred that, by virtue of the reservation, a young person aged 17 years may be forced to enrol in the armed forces in wartime. It accordingly requested the Government to take the necessary steps to ensure that no young person under 18 years of age is recruited for use in armed conflict, in accordance with this provision of the Convention. The Committee noted the Government’s indication that the necessary measures will be taken to bring the national legislation into conformity with this provision of the Convention. It requests the Government to provide information on any progress achieved in this respect.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted previously that the national legislation did not appear to contain a provision prohibiting the use, procuring or offering of young persons under 18 years of age for prostitution. It also noted 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 requested the Government to take the necessary steps to prohibit the use, procuring or offering of young persons under 18 years of age for prostitution. The Committee noted that section 148 of the Penal Code makes it a criminal offence to encourage or facilitate the prostitution of young persons under 16 years of age. The Committee noted the Government’s indication that the necessary measures will be taken to harmonize the Penal Code with this provision of the Convention. The Committee requests the Government to provide information on any progress achieved in this respect.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering, by any person, of children under 18 years of age for the production of pornography or for pornographic performances. The Committee noted that section 150 of the Penal Code makes it a criminal offence to use a minor under 14 years of age in exhibitionist or pornographic performances. The Committee noted the Government’s indication that the necessary measures will be adopted to harmonize the Penal Code with this provision of the Convention. It therefore reminded the Government that the use, procuring or offering of a child for the production of pornography or for pornographic performances must be prohibited for any person under 18 years of age. The Committee requests the Government to provide information on any progress achieved in this respect.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that, although Act No. 78/IV/93 of 12 July 1993 establishes more severe penalties for certain offences involving minors, it does not prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. It requested the Government to indicate the measures taken or envisaged to ensure the prohibition and elimination of this worst form of child labour. The Committee noted the Government’s indication that the necessary measures will be taken to harmonize the Penal Code with this provision of the Convention. It requests the Government to provide information on the measures that it intends to take to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties. The Committee also requests the Government to adopt provisions establishing appropriate penalties for this worst form of child labour.

Clause (d). Hazardous work. The Committee noted previously that, by virtue of section 2 of Legislative Decree No. 62/87 of 30 June 1987 issuing general regulations on employment relationships [hereinafter Legislative Decree No. 62/87], its provisions apply to all labour contracts to be performed in Cape Verde. It observed 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 without a contract of employment. The Committee requested the Government to indicate the manner in which the national legislation provides that these young persons under 18 years of age benefit from 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. The Committee noted the Government’s indication that it will take into account the Committee’s comments in the context of the general revision of the labour legislation and the adoption of the new Labour Code. The Committee requests the Government to provide information on this subject in its next report.

Article 4, paragraphs 1 and 2. Determination of hazardous types of work and identification of where they exist. In its previous comments, the Committee noted that under 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 young persons under 18 years of age is to be prohibited or made subject to conditions taking into account the protection that has to be afforded to their physical, moral and mental development. While noting that such a decree had not yet been adopted, the Committee reminded the Government that, under the terms of Article 4(1) of the Convention, the types of work referred to in Article 3(d) shall 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. In this respect, the Committee drew the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), 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 certain types of work enumerated in that Paragraph. The Committee noted the Government’s indication that it will take into account the comments made by the Committee in the context of the general revision of the labour legislation and the adoption of the new Labour Code. It hopes that the Government will adopt a decree determining hazardous types of work in the very near future and that, when determining such types of work prohibited for young persons under 18 years of age, it will take into consideration the types of activities enumerated in Paragraph 3 of Recommendation No. 190.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee requested the Government to indicate the applicable penalties for violations of Article 3(a)–(d) of the Convention, particularly the provisions on hazardous work. The Committee noted the Government’s indication that, by virtue of section 5 of Legislative Decree No. 90 of 31 December 1997, the General Labour Inspectorate may impose fines of between 5,000 and 160,000 escudos (between US$55 and 1,758) for violations of the labour legislation. The Committee requests the Government to review these fines and to put in place penalties that will effectively deter the use of children under 18 years in hazardous work. The Committee also repeats its request for information on the penalties for violations of the other worst forms of child labour in Article 3(a)–(c).

Article 7, paragraph 2. Effective and time-bound measures. The Committee noted previously that the Government had provided no information on Article 7(2)(b) and (e) of the Convention and requested it to provide detailed information on the measures adopted to give effect to these provisions of the Convention. While noting the Government’s indications that measures to raise awareness, prevent and combat child labour have been taken by NGOs and the media, the Committee once again requests the Government to provide information on the effective and time-bound measures taken 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; and (e) take account of the special situation of girls.

Clause (a). Preventing the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted that article 77(1) and (3) of the Constitution gives everyone the right to education and that it is the responsibility of the State, in order to safeguard the right to education, to ensure the right to equality of opportunity in access to schooling, promote the elimination of illiteracy and encourage continuous education. It also noted the concluding observations on the Government’s initial report made in 2001 by the Committee on the Rights of the Child (CRC/C/15/Add.168, paragraphs 53 and 54), in which it expressed concern that the drop-out rate of children from secondary education was high and noted that access to pre-school education was very limited in Cape Verde. Moreover, while noting that gender equality in admissions to primary education was respected, the Committee on the Rights of the Child expressed concern that some adolescents were excluded from the system of compulsory education and that children who were not fluent in both Creole and Portuguese risked being marginalized, as school education is in Portuguese. The Committee expressed the hope that the Government would take effective and time-bound measures to improve the education system and prevent the engagement of children in the worst forms of child labour.

In its report, the Government indicates that, although schooling is not free for everyone, the Cape Verde Social and Educational Action Institute (ICASE), with the support of the World Food Programme (WFP) and UNICEF, ensures the school attendance of children from poor families by paying their school fees, school materials and meals. Furthermore, the Government has adopted a National Plan for Gender Equality which includes literacy measures. The Committee notes this information and requests the Government to continue its efforts to improve access to pre-primary education for all children, with particular attention to children from underprivileged areas, and to take measures to ensure that all children have full access to compulsory education. The Committee further requests the Government to provide statistical data disaggregated by sex on school attendance and drop-out rates.

Clause (d). Identifying children at special risk. In its previous comments, the Committee noted that, in its concluding observations on the initial report of Cape Verde (CRC/C/15/Add. 168, paragraph 61), the Committee on the Rights of the Child expressed concern that children are living and working in the street, particularly in the urban centres of Mindelo, Praia and Sal. The Committee indicated that it was of the view that street children are particularly vulnerable to the worst forms of child labour and it requested 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.

The Committee noted the Government’s indication that the Cape Verde Minors Institute (ICM) is collaborating with social, psychological and medical educational staff to provide street children with the means for their social integration. It also notes that the ICM has reception and social integration centres in which children are accommodated and guided towards schools and training centres. Furthermore, emergency centres have been established for children who are victims, inter alia, of sexual and economic exploitation.

The Committee encourages the Government to continue its efforts to provide protection for street children against the worst forms of child labour, and particularly to ensure their rehabilitation and social integration. It requests the Government to provide statistical data on the number of children who have benefited from the measures taken by the ICM, with an indication of the number of children who have been guided towards schools and other training centres.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee noted the ACIAB’s indication that the worst forms of child labour are not a major problem in Cape Verde. Nevertheless, the Convention requires the Government to undertake adequate reforms to protect young persons under 18 years of age against the worst forms of child labour. In this respect, the Committee noted the adoption on 18 November 2003 of Legislative Decree No. 4/2003 issuing the Penal Code [the Penal Code]. It also noted the information provided by the Government that a national commission for legal and institutional reform for children and young persons has recently been established. The national commission will undertake a study, followed by workshops, with a view to taking immediate measures to secure the prohibition and elimination of the worst forms of child labour. Furthermore, the Committee noted that the process of revising the Labour Code is still continuing. The Committee requests the Government to provide information as soon as possible on the study and the workshops organized by the national commission. It also hopes that the draft amendments to the Labour Code will be adopted in the near future and requests the Government to provide a copy as soon as they are adopted.

Article 3. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee noted previously that the national legislation did not appear to contain a provision prohibiting the sale or trafficking of children for sexual or economic exploitation. It noted 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 had expressed concern that the development of tourism would result in an increase in the sexual exploitation of children and in cases of trafficking of children. The Committee therefore requested the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for sexual or economic exploitation.

With regard to the sale and trafficking of children for sexual exploitation, the Committee noted the Government’s indication that section 149 of the Penal Code makes it a criminal offence to procure, transport, accommodate or receive a minor under 16 years of age for the purposes of prostitution in a foreign country. The Committee reminded the Government that Article 3(a) of the Convention covers the sale and trafficking of young persons under 18 years of age for sexual exploitation. It therefore requests the Government to take the necessary measures to bring the national legislation into conformity with the provisions of the Convention on this point. With regard to the sale and trafficking of children for economic exploitation, the Committee once again requests the Government to take the necessary measures to prohibit the sale and trafficking of young persons under 18 years of age for economic exploitation. Finally, it requests the Government to adopt provisions establishing appropriate penalties for these worst forms of child labour.

2. Forced or compulsory recruitment of children for use in armed conflict. In its previous comments, while noting the ratification of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the Committee noted that the Government had 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 30 September 1986, the minimum age for voluntary enrolment in the armed forces is 17 years. It also noted the Government’s indication 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 as 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 informed the Government that it inferred that, by virtue of the reservation, a young person aged 17 years may be forced to enrol in the armed forces in wartime. It accordingly requested the Government to take the necessary steps to ensure that no young person under 18 years of age is recruited for use in armed conflict, in accordance with this provision of the Convention. The Committee noted the Government’s indication that the necessary measures will be taken to bring the national legislation into conformity with this provision of the Convention. It requests the Government to provide information on any progress achieved in this respect.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted previously that the national legislation did not appear to contain a provision prohibiting the use, procuring or offering of young persons under 18 years of age for prostitution. It also noted 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 requested the Government to take the necessary steps to prohibit the use, procuring or offering of young persons under 18 years of age for prostitution. The Committee noted that section 148 of the Penal Code makes it a criminal offence to encourage or facilitate the prostitution of young persons under 16 years of age. The Committee noted the Government’s indication that the necessary measures will be taken to harmonize the Penal Code with this provision of the Convention. The Committee requests the Government to provide information on any progress achieved in this respect.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering, by any person, of children under 18 years of age for the production of pornography or for pornographic performances. The Committee noted that section 150 of the Penal Code makes it a criminal offence to use a minor under 14 years of age in exhibitionist or pornographic performances. The Committee noted the Government’s indication that the necessary measures will be adopted to harmonize the Penal Code with this provision of the Convention. It therefore reminded the Government that the use, procuring or offering of a child for the production of pornography or for pornographic performances must be prohibited for any person under 18 years of age. The Committee requests the Government to provide information on any progress achieved in this respect.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that, although Act No. 78/IV/93 of 12 July 1993 establishes more severe penalties for certain offences involving minors, it does not prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. It requested the Government to indicate the measures taken or envisaged to ensure the prohibition and elimination of this worst form of child labour. The Committee noted the Government’s indication that the necessary measures will be taken to harmonize the Penal Code with this provision of the Convention. It requests the Government to provide information on the measures that it intends to take to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties. The Committee also requests the Government to adopt provisions establishing appropriate penalties for this worst form of child labour.

Clause (d). Hazardous work. The Committee noted previously that, by virtue of section 2 of Legislative Decree No. 62/87 of 30 June 1987 issuing general regulations on employment relationships [hereinafter Legislative Decree No. 62/87], its provisions apply to all labour contracts to be performed in Cape Verde. It observed 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 without a contract of employment. The Committee requested the Government to indicate the manner in which the national legislation provides that these young persons under 18 years of age benefit from 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. The Committee noted the Government’s indication that it will take into account the Committee’s comments in the context of the general revision of the labour legislation and the adoption of the new Labour Code. The Committee requests the Government to provide information on this subject in its next report.

Article 4, paragraphs 1 and 2. Determination of hazardous types of work and identification of where they exist. In its previous comments, the Committee noted that under 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 young persons under 18 years of age is to be prohibited or made subject to conditions taking into account the protection that has to be afforded to their physical, moral and mental development. While noting that such a decree had not yet been adopted, the Committee reminded the Government that, under the terms of Article 4, paragraph 1, of the Convention, the types of work referred to in Article 3(d) shall 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. In this respect, the Committee drew the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), 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 certain types of work enumerated in that Paragraph. The Committee noted the Government’s indication that it will take into account the comments made by the Committee in the context of the general revision of the labour legislation and the adoption of the new Labour Code. It hopes that the Government will adopt a decree determining hazardous types of work in the very near future and that, when determining such types of work prohibited for young persons under 18 years of age, it will take into consideration the types of activities enumerated in Paragraph 3 of Recommendation No. 190.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee requested the Government to indicate the applicable penalties for violations of Article 3(a) to (d) of the Convention, particularly the provisions on hazardous work. The Committee noted the Government’s indication that, by virtue of section 5 of Legislative Decree No. 90 of 31 December 1997, the General Labour Inspectorate may impose fines of between 5,000 and 160,000 escudos (between US$55 and 1,758) for violations of the labour legislation. The Committee requests the Government to review these fines and to put in place penalties that will effectively deter the use of children under 18 years in hazardous work. The Committee also repeats its request for information on the penalties for violations of the other worst forms of child labour in Article 3(a) to (c).

Article 7, paragraph 2. Effective and time-bound measures. The Committee noted previously that the Government had provided no information on Article 7, paragraph 2(b) and (e), of the Convention and requested it to provide detailed information on the measures adopted to give effect to these provisions of the Convention. While noting the Government’s indications that measures to raise awareness, prevent and combat child labour have been taken by NGOs and the media, the Committee once again requests the Government to provide information on the effective and time-bound measures taken 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; and (e) take account of the special situation of girls.

Clause (a). Preventing the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted that article 77(1) and (3) of the Constitution gives everyone the right to education and that it is the responsibility of the State, in order to safeguard the right to education, to ensure the right to equality of opportunity in access to schooling, promote the elimination of illiteracy and encourage continuous education. It also noted the concluding observations on the Government’s initial report made in 2001 by the Committee on the Rights of the Child (CRC/C/15/Add.168, paragraphs 53 and 54), in which it expressed concern that the drop-out rate of children from secondary education was high and noted that access to pre-school education was very limited in Cape Verde. Moreover, while noting that gender equality in admissions to primary education was respected, the Committee on the Rights of the Child expressed concern that some adolescents were excluded from the system of compulsory education and that children who were not fluent in both Creole and Portuguese risked being marginalized, as school education is in Portuguese. The Committee expressed the hope that the Government would take effective and time-bound measures to improve the education system and prevent the engagement of children in the worst forms of child labour.

In its report, the Government indicates that, although schooling is not free for everyone, the Cape Verde Social and Educational Action Institute (ICASE), with the support of the World Food Programme (WFP) and UNICEF, ensures the school attendance of children from poor families by paying their school fees, school materials and meals. Furthermore, the Government has adopted a National Plan for Gender Equality which includes literacy measures. The Committee notes this information and requests the Government to continue its efforts to improve access to pre-primary education for all children, with particular attention to children from underprivileged areas, and to take measures to ensure that all children have full access to compulsory education. The Committee further requests the Government to provide statistical data disaggregated by sex on school attendance and drop-out rates.

Clause (d). Identifying children at special risk. In its previous comments, the Committee noted that, in its concluding observations on the initial report of Cape Verde (CRC/C/15/Add. 168, paragraph 61), the Committee on the Rights of the Child expressed concern that children are living and working in the street, particularly in the urban centres of Mindelo, Praia and Sal. The Committee indicated that it was of the view that street children are particularly vulnerable to the worst forms of child labour and it requested 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.

The Committee noted the Government’s indication that the Cape Verde Minors Institute (ICM) is collaborating with social, psychological and medical educational staff to provide street children with the means for their social integration. It also notes that the ICM has reception and social integration centres in which children are accommodated and guided towards schools and training centres. Furthermore, emergency centres have been established for children who are victims, inter alia, of sexual and economic exploitation.

The Committee encourages the Government to continue its efforts to provide protection for street children against the worst forms of child labour, and particularly to ensure their rehabilitation and social integration. It requests the Government to provide statistical data on the number of children who have benefited from the measures taken by the ICM, with an indication of the number of children who have been guided towards schools and other training centres.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee noted the ACIAB’s indication that the worst forms of child labour are not a major problem in Cape Verde. Nevertheless, the Convention requires the Government to undertake adequate reforms to protect young persons under 18 years of age against the worst forms of child labour. In this respect, the Committee noted the adoption on 18 November 2003 of Legislative Decree No. 4/2003 issuing the Penal Code [the Penal Code]. It also noted the information provided by the Government that a national commission for legal and institutional reform for children and young persons has recently been established. The national commission will undertake a study, followed by workshops, with a view to taking immediate measures to secure the prohibition and elimination of the worst forms of child labour. Furthermore, the Committee noted that the process of revising the Labour Code is still continuing. The Committee requests the Government to provide information as soon as possible on the study and the workshops organized by the national commission. It also hopes that the draft amendments to the Labour Code will be adopted in the near future and requests the Government to provide a copy as soon as they are adopted.

Article 3. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee noted previously that the national legislation did not appear to contain a provision prohibiting the sale or trafficking of children for sexual or economic exploitation. It noted 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 had expressed concern that the development of tourism would result in an increase in the sexual exploitation of children and in cases of trafficking of children. The Committee therefore requested the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for sexual or economic exploitation.

With regard to the sale and trafficking of children for sexual exploitation, the Committee noted the Government’s indication that section 149 of the Penal Code makes it a criminal offence to procure, transport, accommodate or receive a minor under 16 years of age for the purposes of prostitution in a foreign country. The Committee reminded the Government that Article 3(a) of the Convention covers the sale and trafficking of young persons under 18 years of age for sexual exploitation. It therefore requests the Government to take the necessary measures to bring the national legislation into conformity with the provisions of the Convention on this point. With regard to the sale and trafficking of children for economic exploitation, the Committee once again requests the Government to take the necessary measures to prohibit the sale and trafficking of young persons under 18 years of age for economic exploitation. Finally, it requests the Government to adopt provisions establishing appropriate penalties for these worst forms of child labour.

2. Forced or compulsory recruitment of children for use in armed conflict. In its previous comments, while noting the ratification of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the Committee noted that the Government had 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 30 September 1986, the minimum age for voluntary enrolment in the armed forces is 17 years. It also noted the Government’s indication 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 as 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 informed the Government that it inferred that, by virtue of the reservation, a young person aged 17 years may be forced to enrol in the armed forces in wartime. It accordingly requested the Government to take the necessary steps to ensure that no young person under 18 years of age is recruited for use in armed conflict, in accordance with this provision of the Convention. The Committee noted the Government’s indication that the necessary measures will be taken to bring the national legislation into conformity with this provision of the Convention. It requests the Government to provide information on any progress achieved in this respect.

Clause (b). 1. Use, procuring or offering of a child for prostitution. The Committee noted previously that the national legislation did not appear to contain a provision prohibiting the use, procuring or offering of young persons under 18 years of age for prostitution. It also noted 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 requested the Government to take the necessary steps to prohibit the use, procuring or offering of young persons under 18 years of age for prostitution. The Committee noted that section 148 of the Penal Code makes it a criminal offence to encourage or facilitate the prostitution of young persons under 16 years of age. The Committee noted the Government’s indication that the necessary measures will be taken to harmonize the Penal Code with this provision of the Convention. The Committee requests the Government to provide information on any progress achieved in this respect.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering, by any person, of children under 18 years of age for the production of pornography or for pornographic performances. The Committee noted that section 150 of the Penal Code makes it a criminal offence to use a minor under 14 years of age in exhibitionist or pornographic performances. The Committee noted the Government’s indication that the necessary measures will be adopted to harmonize the Penal Code with this provision of the Convention. It therefore reminded the Government that the use, procuring or offering of a child for the production of pornography or for pornographic performances must be prohibited for any person under 18 years of age. The Committee requests the Government to provide information on any progress achieved in this respect.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that, although Act No. 78/IV/93 of 12 July 1993 establishes more severe penalties for certain offences involving minors, it does not prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. It requested the Government to indicate the measures taken or envisaged to ensure the prohibition and elimination of this worst form of child labour. The Committee noted the Government’s indication that the necessary measures will be taken to harmonize the Penal Code with this provision of the Convention. It requests the Government to provide information on the measures that it intends to take to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties. The Committee also requests the Government to adopt provisions establishing appropriate penalties for this worst form of child labour.

Clause (d). Hazardous work. The Committee noted previously that, by virtue of section 2 of Legislative Decree No. 62/87 of 30 June 1987 issuing general regulations on employment relationships [hereinafter Legislative Decree No. 62/87], its provisions apply to all labour contracts to be performed in Cape Verde. It observed 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 without a contract of employment. The Committee requested the Government to indicate the manner in which the national legislation provides that these young persons under 18 years of age benefit from 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. The Committee noted the Government’s indication that it will take into account the Committee’s comments in the context of the general revision of the labour legislation and the adoption of the new Labour Code. The Committee requests the Government to provide information on this subject in its next report.

Article 4, paragraphs 1 and 2. Determination of hazardous types of work and identification of where they exist. In its previous comments, the Committee noted that under 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 young persons under 18 years of age is to be prohibited or made subject to conditions taking into account the protection that has to be afforded to their physical, moral and mental development. While noting that such a decree had not yet been adopted, the Committee reminded the Government that, under the terms of Article 4, paragraph 1, of the Convention, the types of work referred to in Article 3(d) shall 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. In this respect, the Committee drew the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), 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 certain types of work enumerated in that Paragraph. The Committee noted the Government’s indication that it will take into account the comments made by the Committee in the context of the general revision of the labour legislation and the adoption of the new Labour Code. It hopes that the Government will adopt a decree determining hazardous types of work in the very near future and that, when determining such types of work prohibited for young persons under 18 years of age, it will take into consideration the types of activities enumerated in Paragraph 3 of Recommendation No. 190.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee requested the Government to indicate the applicable penalties for violations of Article 3(a) to (d) of the Convention, particularly the provisions on hazardous work. The Committee noted the Government’s indication that, by virtue of section 5 of Legislative Decree No. 90 of 31 December 1997, the General Labour Inspectorate may impose fines of between 5,000 and 160,000 escudos (between US$55 and 1,758) for violations of the labour legislation. The Committee requests the Government to review these fines and to put in place penalties that will effectively deter the use of children under 18 years in hazardous work. The Committee also repeats its request for information on the penalties for violations of the other worst forms of child labour in Article 3(a) to (c).

Article 7, paragraph 2. Effective and time-bound measures. The Committee noted previously that the Government had provided no information on Article 7, paragraph 2(b) and (e), of the Convention and requested it to provide detailed information on the measures adopted to give effect to these provisions of the Convention. While noting the Government’s indications that measures to raise awareness, prevent and combat child labour have been taken by NGOs and the media, the Committee once again requests the Government to provide information on the effective and time-bound measures taken 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; and (e) take account of the special situation of girls.

Clause (a). Preventing the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted that article 77(1) and (3) of the Constitution gives everyone the right to education and that it is the responsibility of the State, in order to safeguard the right to education, to ensure the right to equality of opportunity in access to schooling, promote the elimination of illiteracy and encourage continuous education. It also noted the concluding observations on the Government’s initial report made in 2001 by the Committee on the Rights of the Child (CRC/C/15/Add.168, paragraphs 53 and 54), in which it expressed concern that the drop-out rate of children from secondary education was high and noted that access to pre-school education was very limited in Cape Verde. Moreover, while noting that gender equality in admissions to primary education was respected, the Committee on the Rights of the Child expressed concern that some adolescents were excluded from the system of compulsory education and that children who were not fluent in both Creole and Portuguese risked being marginalized, as school education is in Portuguese. The Committee expressed the hope that the Government would take effective and time-bound measures to improve the education system and prevent the engagement of children in the worst forms of child labour.

In its report, the Government indicates that, although schooling is not free for everyone, the Cape Verde Social and Educational Action Institute (ICASE), with the support of the World Food Programme (WFP) and UNICEF, ensures the school attendance of children from poor families by paying their school fees, school materials and meals. Furthermore, the Government has adopted a National Plan for Gender Equality which includes literacy measures. The Committee notes this information and requests the Government to continue its efforts to improve access to pre-primary education for all children, with particular attention to children from underprivileged areas, and to take measures to ensure that all children have full access to compulsory education. The Committee further requests the Government to provide statistical data disaggregated by sex on school attendance and drop-out rates.

Clause (d). Identifying children at special risk. In its previous comments, the Committee noted that, in its concluding observations on the initial report of Cape Verde (CRC/C/15/Add. 168, paragraph 61), the Committee on the Rights of the Child expressed concern that children are living and working in the street, particularly in the urban centres of Mindelo, Praia and Sal. The Committee indicated that it was of the view that street children are particularly vulnerable to the worst forms of child labour and it requested 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.

The Committee noted the Government’s indication that the Cape Verde Minors Institute (ICM) is collaborating with social, psychological and medical educational staff to provide street children with the means for their social integration. It also notes that the ICM has reception and social integration centres in which children are accommodated and guided towards schools and training centres. Furthermore, emergency centres have been established for children who are victims, inter alia, of sexual and economic exploitation.

The Committee encourages the Government to continue its efforts to provide protection for street children against the worst forms of child labour, and particularly to ensure their rehabilitation and social integration. It requests the Government to provide statistical data on the number of children who have benefited from the measures taken by the ICM, with an indication of the number of children who have been guided towards schools and other training centres.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the Government’s report. It also notes the comments made by the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB) and the Cape Verde Confederation of Free Trade Unions (CCSL), which were forwarded by the Government in its report.

Article 1 of the Convention. Measures taken to secure the prohibition and elimination of the worst forms of child labour. The Committee notes the ACIAB’s indication that the worst forms of child labour are not a major problem in Cape Verde. Nevertheless, the Convention requires the Government to undertake adequate reforms to protect young persons under 18 years of age against the worst forms of child labour. In this respect, the Committee notes the adoption on 18 November 2003 of Legislative Decree No. 4/2003 issuing the Penal Code [the Penal Code]. It also notes the information provided by the Government that a national commission for legal and institutional reform for children and young persons has recently been established. The national commission will undertake a study, followed by workshops, with a view to taking immediate measures to secure the prohibition and elimination of the worst forms of child labour. Furthermore, the Committee notes that the process of revising the Labour Code is still continuing. The Committee requests the Government to provide information as soon as possible on the study and the workshops organized by the national commission. It also hopes that the draft amendments to the Labour Code will be adopted in the near future and requests the Government to provide a copy as soon as they are adopted.

Article 3. Worst forms of child labour. Clause (a). Slavery or practices similar to slavery. 1. Sale and trafficking of children. The Committee noted previously that the national legislation did not appear to contain a provision prohibiting the sale or trafficking of children for sexual or economic exploitation. It noted 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 had expressed concern that the development of tourism would result in an increase in the sexual exploitation of children and in cases of trafficking of children. The Committee therefore requested the Government to take the necessary measures to prohibit the sale and trafficking of children under 18 years of age for sexual or economic exploitation.

With regard to the sale and trafficking of children for sexual exploitation, the Committee notes the Government’s indication that section 149 of the Penal Code makes it a criminal offence to procure, transport, accommodate or receive a minor under 16 years of age for the purposes of prostitution in a foreign country. The Committee reminds the Government that Article 3(a) of the Convention covers the sale and trafficking of young persons under 18 years of age for sexual exploitation. It therefore requests the Government to take the necessary measures to bring the national legislation into conformity with the provisions of the Convention on this point. With regard to the sale and trafficking of children for economic exploitation, the Committee once again requests the Government to take the necessary measures to prohibit the sale and trafficking of young persons under 18 years of age for economic exploitation. Finally, it requests the Government to adopt provisions establishing appropriate penalties for these worst forms of child labour.

2. Forced or compulsory recruitment of children for use in armed conflict. In its previous comments, while noting the ratification of the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, the Committee noted that the Government had 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 30 September 1986, the minimum age for voluntary enrolment in the armed forces is 17 years. It also noted the Government’s indication 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 as 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 informed the Government that it inferred that, by virtue of the reservation, a young person aged 17 years may be forced to enrol in the armed forces in wartime. It accordingly requested the Government to take the necessary steps to ensure that no young person under 18 years of age is recruited for use in armed conflict, in accordance with this provision of the Convention. The Committee notes the Government’s indication that the necessary measures will be taken to bring the national legislation into conformity with this provision of the Convention. It requests the Government to provide information on any progress achieved in this respect.

Clause (b). Use, procuring or offering of a child for prostitution. The Committee noted previously that the national legislation did not appear to contain a provision prohibiting the use, procuring or offering of young persons under 18 years of age for prostitution. It also noted 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 requested the Government to take the necessary steps to prohibit the use, procuring or offering of young persons under 18 years of age for prostitution. The Committee notes that section 148 of the Penal Code makes it a criminal offence to encourage or facilitate the prostitution of young persons under 16 years of age. The Committee notes the Government’s indication that the necessary measures will be taken to harmonize the Penal Code with this provision of the Convention. The Committee requests the Government to provide information on any progress achieved in this respect.

2. Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee requested the Government to indicate the measures taken or envisaged to prohibit the use, procuring or offering, by any person, of children under 18 years of age for the production of pornography or for pornographic performances. The Committee notes that section 150 of the Penal Code makes it a criminal offence to use a minor under 14 years of age in exhibitionist or pornographic performances. The Committee notes the Government’s indication that the necessary measures will be adopted to harmonize the Penal Code with this provision of the Convention. It therefore reminds the Government that the use, procuring or offering of a child for the production of pornography or for pornographic performances must be prohibited for any person under 18 years of age. The Committee requests the Government to provide information on any progress achieved in this respect.

Clause (c). Use, procuring or offering of a child for illicit activities. The Committee noted previously that, although Act No. 78/IV/93 of 12 July 1993 establishes more severe penalties for certain offences involving minors, it does not prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs. It requested the Government to indicate the measures taken or envisaged to ensure the prohibition and elimination of this worst form of child labour. The Committee notes the Government’s indication that the necessary measures will be taken to harmonize the Penal Code with this provision of the Convention. It requests the Government to provide information on the measures that it intends to take to prohibit the use, procuring or offering of a child under 18 years of age for illicit activities, in particular for the production and trafficking of drugs as defined in the relevant international treaties. The Committee also requests the Government to adopt provisions establishing appropriate penalties for this worst form of child labour.

Clause (d). Hazardous work. The Committee noted previously that, by virtue of section 2 of Legislative Decree No. 62/87 of 30 June 1987 issuing general regulations on employment relationships [hereinafter Legislative Decree No. 62/87], its provisions apply to all labour contracts to be performed in Cape Verde. It observed 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 without a contract of employment. The Committee requested the Government to indicate the manner in which the national legislation provides that these young persons under 18 years of age benefit from 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. The Committee notes the Government’s indication that it will take into account the Committee’s comments in the context of the general revision of the labour legislation and the adoption of the new Labour Code. The Committee requests the Government to provide information on this subject in its next report.

Article 4, paragraphs 1 and 2. Determination of hazardous types of work and identification of where they exist. In its previous comments, the Committee noted that under 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 young persons under 18 years of age is to be prohibited or made subject to conditions taking into account the protection that has to be afforded to their physical, moral and mental development. While noting that such a decree had not yet been adopted, the Committee reminded the Government that, under the terms of Article 4, paragraph 1, of the Convention, the types of work referred to in Article 3(d) shall 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. In this respect, the Committee drew the Government’s attention to Paragraph 3 of the Worst Forms of Child Labour Recommendation, 1999 (No. 190), 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 certain types of work enumerated in that Paragraph. The Committee notes the Government’s indication that it will take into account the comments made by the Committee in the context of the general revision of the labour legislation and the adoption of the new Labour Code. It hopes that the Government will adopt a decree determining hazardous types of work in the very near future and that, when determining such types of work prohibited for young persons under 18 years of age, it will take into consideration the types of activities enumerated in Paragraph 3 of Recommendation No. 190.

Article 6, paragraphs 1 and 2. Programmes of action. In its previous comments, the Committee noted the Government’s indication that, due to the lack of financial and technical resources, no programmes of action had yet been designed. It reminded the Government that, by virtue of Article 6, each Member that ratifies the Convention has to design and implement programmes of action to eliminate as a priority the worst forms of child labour. The Committee also reminded the Government that it could request the technical assistance of the ILO and asked it to provide information on the design and implementation of programmes of action to eliminate as a priority the worst forms of child labour. The Committee notes the Government’s indication that it is requesting ILO technical assistance to bring its legislation into conformity with the Convention and adopt measures to give effect to it.

Article 7, paragraph 1. Penalties. In its previous comments, the Committee requested the Government to indicate the applicable penalties for violations of Article 3(a) to (d) of the Convention, particularly the provisions on hazardous work. The Committee notes the Government’s indication that, by virtue of section 5 of Legislative Decree No. 90 of 31 December 1997, the General Labour Inspectorate may impose fines of between 5,000 and 160,000 escudos (between US$55 and 1,758) for violations of the labour legislation. The Committee requests the Government to review these fines and to put in place penalties that will effectively deter the use of children under 18 years in hazardous work. The Committee also repeats its request for information on the penalties for violations of the other worst forms of child labour in Article 3(a) to (c).

Article 7, paragraph 2. Effective and time-bound measures. The Committee noted previously that the Government had provided no information on Article 7, paragraph 2(b) and (e), of the Convention and requested it to provide detailed information on the measures adopted to give effect to these provisions of the Convention. While noting the Government’s indications that measures to raise awareness, prevent and combat child labour have been taken by NGOs and the media, the Committee once again requests the Government to provide information on the effective and time-bound measures taken 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; and (e) take account of the special situation of girls.

Clause (a). Preventing the engagement of children in the worst forms of child labour. In its previous comments, the Committee noted that article 77(1) and (3) of the Constitution gives everyone the right to education and that it is the responsibility of the State, in order to safeguard the right to education, to ensure the right to equality of opportunity in access to schooling, promote the elimination of illiteracy and encourage continuous education. It also noted the concluding observations on the Government’s initial report made in 2001 by the Committee on the Rights of the Child (CRC/C/15/Add.168, paragraphs. 53 and 54), in which it expressed concern that the drop-out rate of children from secondary education was high and noted that access to pre-school education was very limited in Cape Verde. Moreover, while noting that gender equality in admissions to primary education was respected, the Committee on the Rights of the Child expressed concern that some adolescents were excluded from the system of compulsory education and that children who were not fluent in both Creole and Portuguese risked being marginalized, as school education is in Portuguese. The Committee expressed the hope that the Government would take effective and time-bound measures to improve the education system and prevent the engagement of children in the worst forms of child labour.

In its report, the Government indicates that, although schooling is not free for everyone, the Cape Verde Social and Educational Action Institute (ICASE), with the support of the World Food Programme (WFP) and UNICEF, ensures the school attendance of children from poor families by paying their school fees, school materials and meals. Furthermore, the Government has adopted a National Plan for Gender Equality which includes literacy measures. The Committee notes this information and requests the Government to continue its efforts to improve access to pre-primary education for all children, with particular attention to children from underprivileged areas, and to take measures to ensure that all children have full access to compulsory education. The Committee further requests the Government to provide statistical data disaggregated by sex on school attendance and drop-out rates.

Clause (d). Identifying children at special risk. In its previous comments, the Committee noted that, in its concluding observations on the initial report of Cape Verde (CRC/C/15/Add. 168, paragraph 61), the Committee on the Rights of the Child expressed concern that children are living and working in the street, particularly in the urban centres of Mindelo, Praia and Sal. The Committee indicated that it was of the view that street children are particularly vulnerable to the worst forms of child labour and it requested 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.

The Committee notes the Government’s indication that the Cape Verde Minors Institute (ICM) is collaborating with social, psychological and medical educational staff to provide street children with the means for their social integration. It also notes that the ICM has reception and social integration centres in which children are accommodated and guided towards schools and training centres. Furthermore, emergency centres have been established for children who are victims, inter alia, of sexual and economic exploitation. The Committee encourages the Government to continue its efforts to provide protection for street children against the worst forms of child labour, and particularly to ensure their rehabilitation and social integration. It requests the Government to provide statistical data on the number of children who have benefited from the measures taken by the ICM, with an indication of the number of children who have been guided towards schools and other training centres.

Article 8. International cooperation. Further to its previous comments, in which it encouraged the Government to cooperate with other countries and requested it to provide detailed information on enhanced international cooperation and assistance, the Committee notes the Government’s indication that it is continuing to develop cooperation and mutual assistance with Interpol, and particularly with the Government of Portugal in relation to trafficking and illicit activities. The Government adds that education, food support and poverty programmes have been implemented in cooperation with UNICEF, WFP and the World Bank.

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

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.