Demande directe (CEACR) - adoptée 2009, publiée 99ème session CIT (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.