Demande directe (CEACR) - adoptée 2018, publiée 108ème session CIT (2019)

Convention (n° 182) sur les pires formes de travail des enfants, 1999 - Cabo Verde (Ratification: 2001)

Autre commentaire sur C182

Observation

Demande directe

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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.