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

Convention (n° 138) sur l'âge minimum, 1973 - Cabo Verde (Ratification: 2011)

Autre commentaire sur C138

Observation

Demande directe

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Article 1 of the Convention. National policy designed to ensure the effective elimination of child labour. The Committee previously noted that a National Action Plan for the Prevention and Elimination of Child Labour (PANPETI) was approved by Resolution No. 43/2014 of 2 June 2014. The measures undertaken or envisaged within the PANPETI included updated statistical analysis, legislative revision and institutional restructuring, among others. Moreover, the Committee for the Prevention and Elimination of Child Labour (CNPETI) was established by Resolution No. 25/2013 as an advisory body responsible for coordinating activities of different stakeholders to combat child labour, including the implementation of the PANPETI.

The Committee notes the Government’s information in its report that the PANPETI was disseminated throughout the country for the municipalities to develop and implement their specific plans. However, the Government states that the report on the status of child labour in the country, envisaged by section 3(f) of Resolution No. 25/2013, was not produced during the implementation of the PANPETI, for the reason that relevant information could not be obtained in a timely manner. The Committee also notes the Government’s indication that a national care plan is being developed, which will have a significant impact on the national strategy for the elimination of child labour. The Committee requests the Government to continue providing information on the implementation of the PANPETI, including the measures undertaken to combat child labour and to improve the information collection process in this regard. It also requests the Government to provide information on the adoption of the national care plan for children, indicating its impact on the elimination of child labour.

Article 2(1). Scope of application. The Committee previously noted that the provisions of the Labour Code of 2007 applies only to work performed by a person with a contract of employment. Hence, the minimum age provisions do not cover children working outside an employment relationship. The Committee also noted that section 61 of the Children and Young Persons’ Act (CYP Act) of 2013 establishes that the minimum age for admission to paid work shall be 15 years. The Committee further noted that, according to the Continuous Multi-objective Survey (Inquérito Multi-objectivo Contínuo, IMC) carried out by the National Institute of Statistics on Child Labour in 2013, out of the 67,732 children between the ages of 5–11 years, 1,915 children were working and out of the 42,537 children between the ages of 12–15 years, 4,482 children were working.

The Committee notes the Government’s statement that no child under the age of 15 may work in Cabo Verde pursuant to the CYP Act of 2013. Moreover, according to section 27(2) of the Labour Code, an employment contract is null and void if the employee is under 15 years of age. Section 17(3) of the Labour Code provides that employment contracts with persons under 18 years may be cancelled at the request of the parents or guardians, if they do not consent to signing the contract. The Committee also notes that, according to section 408 of the Labour Code, except for situations permitted by law, any person who exploits the labour of children as prohibited by the Labour Code shall be punished with a fine. The Committee requests the Government to indicate whether section 408 of the Labour Code applies to children under 15 years who are working on an unpaid basis or in the informal economy, such as in agricultural work and domestic services. If so, the Committee requests the Government to provide information on the application in practice of section 408 of the Labour Code in this regard.

Article 3(3). Admission to types of hazardous work from the age of 16 years. The Committee observes that Act No. 113/VIII/2016 does not require any conditions to be met prior to authorizing the employment of young persons from 16 to 18 years of age in hazardous work. The Committee recalls that, under the terms of Article 3(3) of the Convention, national laws or regulations or the competent authority may, after consultation with the organizations of employers and workers concerned, authorize the employment of young persons between 16 and 18 years of age in hazardous work provided that their health, safety and morals are fully protected and that they have received adequate specific instruction or vocational training in the relevant branch of activity. The Committee therefore requests the Government to take the necessary measures to ensure that the performance of hazardous tasks by young persons aged from 16 to 18 years will be authorized only as prescribed by Article 3(3) of the Convention.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee previously noted that, according to section 65(1) of the CYP Act of 2013, children below the age of 15 years may perform domestic, agricultural or livestock work within their household, provided that such work does not affect their physical and mental development, school attendance and hours required to study as well as for leisure or family and community life. It also noted that according to section 127(1) and (2) of the Civil Code, minors who have reached the age of 14 years may perform household chores that are compatible with their level of physical and mental maturity. The Committee observed that national legislation sets a lower minimum age of 14 for light work in household activities.

Article 8. Artistic performances. In its previous comments, the Committee noted that section 261(2) of the Labour Code of 2007 authorizes children under the age of 15 years to participate in artistic performances such as theatre, dance, music and other spiritual activities, provided that the minor is duly accompanied by a parent or legal guardian and that the participation in such activities does not endanger the child’s health, physical, mental and moral development or affect their schooling or education. However, the Committee noted that there are no provisions establishing a system of individual permits to be granted to children under the minimum age to participate in artistic performances as well as provisions regulating the working conditions and hours of such work.

The Committee notes the Government’s reference to section 261(3) of the Labour Code stipulating that the employment of a minor to perform the types of work defined in section 261(2) shall be approved by the Labour Department, which may order to delete, add or correct some provisions of the contract, or refuse to approve by a reasoned order if it considers that the interests of the minor are not properly protected.

Practical application of the Convention. The Committee previously noted that, according to section 70 of the CYP Act of 2013, the rights of children as enshrined under this Act shall be protected by a set of mechanisms including the courts and the prosecutors, the Cabo Verdean Institute for Children and Young Persons and the National Commission on Human Rights and Citizenship, among others. The Committee also noted that the reports and complaints on child labour are addressed to the child emergency centres, Nôs Kaza centres, and protection and social reintegration centres, while the National Office for the Prevention and Elimination of Child Labour coordinates the activities and services related to children. It further noted that, according to the IMC of 2013, the incidence of child labour for children aged between 5 and 17 years was 8 per cent.

The Committee notes the Government’s information that no cases of child labour have been reported to the labour inspectorate, and that no court decisions have been handed down in this regard. However, the National Office for the Prevention and Elimination of Child Labour has received reports of child labour since its operationalization. In 2017, the Cabo Verde Institute for Children and Adolescents received two reports through the Dial-A-Report project. In the context of the National Child Emergency Programme, 14 reports were received in the same year. The Committee requests the Government to continue providing information on the manner in which the Convention is applied in practice, including the number and nature of reports or complaints on child labour received by different responsible mechanisms, as well as investigations carried out and penalties imposed where violations are detected by law enforcement agencies.