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

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

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

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

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

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