Demande directe (CEACR) - adoptée 2014, publiée 104ème session CIT (2015)

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.