Demande directe (CEACR) - adoptée 2022, publiée 111ème session CIT (2023)

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. In response to its previous comments, the Committee notes the Government’s information in its report, according to which the vast majority of activities of the National Action Plan for the Prevention and Elimination of Child Labour (PANPETI) have been implemented, but that remaining measures include strengthening social action, combating poverty and ensuring access to education, as well as measures to strengthen institutional capacities and raise awareness on child labour. The Government indicates that the PANPETI is being evaluated.

The Committee further notes the Government’s information that it is working with other Member States of the Community of Portuguese-speaking Countries (CPLP), namely Angola, Brazil, Guinea-Bissau, Mozambique, Portugal, Sao Tome and Principe and Timor-Leste, to implement the joint 2021–25 CPLP Action Plan against Child Labour. The 2021–25 CPLP Action Plan was approved at the 14th meeting of CPLP Ministers of Labour and Social Affairs on 30 March 2021, with the main objective of combating child labour in CPLP Member States through: (i) improving the understanding of child labour to inform the development of policies and programmes; (ii) strengthening the capacity of relevant stakeholders in each Member State; (iii) increasing political dialogue with a view to adopting public policies that will effectively support the fight against child labour; (iv) fostering and strengthening multilateral technical cooperation among CPLP Member States and with the ILO; and (v) promoting the exchange of experiences and work done among the CPLP Member States. In addition, the Committee notes that, according to information available to the ILO, various awareness-raising activities are being implemented in the framework of the EU-funded Trade for Decent Work (T4DW) project, such as the publication of a children's comic book on child labour and a march alluding to the World Day against Child Labour, in partnership with the Cabo Verdean Institute for Children and Adolescents (ICCA), which is one of the main organizations driving the development of policies to protect the rights of children in the country. The Committee requests the Government to provide information on the measures taken within the framework of the 2021-25 CPLP Action Plan against Child Labour and of the T4DW project with a view to progressively eliminating child labour, particularly in the informal economy, and the results achieved.

Article 2(1). Scope of application. Children working in the informal economy. Following its previous comments, the Committee notes the Government’s information that, while section 408 of the Labour Code is understood to apply to the exploitation of child labour in any form, there are no records of the practical application of this provision. The Government indicates that the General Labour Inspectorate has not reported any cases of complaints regarding the exploitation of child labour, and that it is not aware of any legal decisions made in this regard.

The Committee notes the Government’s indication, however, that, according to information from the General Labour Inspectorate, although child labour is not observed in the formal sector in Cabo Verde, cases have been observed in the informal sector, in particular in fishing, agriculture, street trading and street car washes. Moreover, the Committee takes note of the concern expressed by the United Nations Human Rights Committee regarding existing child labour in the country, including in agriculture and in the form of begging and selling goods on the streets (CCPR/C/CPV/CO/1/Add. 1, paragraph 25). Similarly, the United Nations Committee on Migrant Workers expressed serious concern about reports that children are employed as domestic workers (CMW/C/CPV/CO/1-3, paragraph 37). In this regard, the Committee notes that, in the framework of T4DW project, three tripartite workshops were held on child labour, namely in the fishing, agriculture and domestic sectors. One of the main recommendations that emanated from these workshops was the need to strengthen the inspection capacity in these sectors. Recalling that the Convention applies to all sectors of the economy and all forms of work, the Committee encourages the Government to take the necessary measures – in the framework of the T4DW project or otherwise – to ensure that the protection afforded by the Convention is enjoyed by all children, including those in the informal economy. In this regard, the Committee calls on the Government to strengthen the capacity and expand the reach of the labour inspectorate in the informal economy to address child labour in this sector, and to provide information on the measures taken in this regard.

Practical application of the Convention. Following its previous comments, the Committee notes the Government’s information that, from 2018 to June 2021, the ICCA received 92 complaints of cases of child labour. In such cases, the parents receive assistance and guidance and the children are integrated into protection programmes. In some instances, these cases are forwarded to the Public Prosecutor’s Office, which examines them and may apply criminal penalties, where necessary. The Government further indicates that the employment rate among individuals aged 1017 years has reduced over time to 1.4 per cent in 2020, that this rate has hardly changed since 2017, and that it is higher among boys (2.1 per cent) in comparison to girls (0.7 per cent).

The Committee notes that a new child labour survey is planned to be carried out by the National Institute of Statistics (INE), with ILO support. The updating of child labour data was recommended during a workshop on child labour and forced labour held in Praia in the context of the T4DW project. 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. It requests the Government to provide the information gathered by the INE once the new child labour study is carried out and finalized.