Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (2011)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. The Committee notes the adoption in June 2008 of a joint declaration on a mobility partnership between the European Union and Cape Verde. It notes that this partnership, whose objectives include facilitating the movement of persons between the signatory countries and developing genuine cooperation on migration and development, also contains a component which is designed to prevent and combat illegal immigration and trafficking in persons. The Committee further notes that the national legislation does not appear to contain any provisions specifically criminalizing trafficking in persons, the Government having referred previously to section 271 of the Penal Code, which criminalizes slavery.

Having noted that Cape Verde is a transit country for migrants attempting to reach European countries, the Committee requests the Government to supply information in its next report on the awareness-raising activities conducted to prevent and combat trafficking in persons. It also requests the Government to supply information on the characteristics of trafficking in persons in Cape Verde, the problems encountered by the public authorities in this respect and, if applicable, to indicate the provisions of the national legislation used by the authorities to prosecute and convict persons who engage in this criminal activity.

Article 2(2)(c). Sentence involving the performance of community work. With reference to its previous comments, in which it asks the Government to supply information on the procedures for the implementation of an alternative community services sentence, as laid down by section 71 of the Penal Code, the Committee notes the Ministerial Order No. 5/2009 of 16 February 2009, provided by the Government, which establishes procedures and rules promoting and facilitating procedures for the implementation of a sentence involving the performance of community work. The Committee notes that this Order calls on the social reintegration services to draw up a list of public and private persons and institutions interested in benefiting from community work. Section 2 states that the reintegration services shall choose the jobs concerned according to the usefulness of the work for the community. These services regularly provide the courts with information on the lists for recipients and the kinds of work on offer, supplying information enabling them to evaluate whether the work is useful to the community. They are also responsible for monitoring the implementation of the work, thereby providing the courts with a guarantee that the conditions for serving this kind of sentence are adequately and constantly monitored.

The Committee duly notes these provisions, which provide for the supervision and monitoring of procedures for the implementation of this sentence in such a way as to ensure that the work done is indeed in the general interest. The Committee asks the Government to indicate whether the social reintegration services have already established the list of public and private persons and institutions interested in receiving community work. If so, the Committee requests the Government to indicate the kind of information supplied to the courts concerning the list of recipients and the types of work available
(section 2(4) of the Order).