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Cabo Verde

2014 Findings on the Worst Forms of Child Labor

Moderate Advancement

In 2014, Cabo Verde made a moderate advancement in efforts to eliminate the worst forms of child labor. The Government established the Children and Adolescent Committee to Prevent and Combat Sexual Abuse and Exploitation; adopted a National Action Plan for the Prevention and Eradication of Child Labor; trained labor and criminal law enforcement officials on issues related to child labor, including its worst forms; and continued to fund projects to combat child labor. However, children in Cabo Verde are engaged in child labor, including in agriculture and domestic service. Gaps in legislation continue to put children at risk, including the lack of prohibitions on all forms of commercial sexual exploitation for children, human trafficking for labor exploitation, and the use of children in all illicit activities.

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I. Prevalence and Sectoral Distribution of Child Labor

Children in Cabo Verde are engaged in child labor, including in agriculture and domestic service.(1-7) A child labor study conducted in 2012 found that the majority of working children are male and work in rural areas. Santiago and Fogo Islands had the highest prevalence of child labor, and Brava Island had the lowest prevalence.(8) Table 1 provides key indicators on children's work and education in Cabo Verde.

Table 1. Statistics on Children's Work and Education

Working children, ages 10 to 14 (% and population):

3.2 (2,392)

Working children by sector, ages 10 to 14 (%):

 

Agriculture

79.2

Industry

7.2

Services

13.7

School attendance, ages 5 to 14 (%):

90.1

Children combining work and school, ages 10 to 14 (%):

1.7

Primary completion rate (%):

99.0

Source for primary completion rate: Data from 2012, published by UNESCO Institute for Statistics, 2015.(9)
Source for all other data: Understanding Children's Work Project's analysis of statistics from Inquérito as Despesas e Receitas Familiares Survey, 2001 — 2002.(10)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

Table 2. Overview of Children's Work by Sector and Activity

Sector/Industry

Activity

Agriculture

Farming, activities unknown (1-3, 5-7)

Raising livestock (1-3, 7)

Fishing,* activities unknown (1-3, 6)

Forestry,* activities unknown (1)

Industry

Treating water* (6)

Construction,* including extracting sand (11)

Services

Domestic service (1-6, 11)

Street work, including vending, garbage scavenging, car washing, and begging (2-5, 12)

Categorical Worst Forms of Child Labor‡

Commercial sexual exploitation sometimes as a result of human trafficking* (3, 5)

Used in illicit activities, including drug trafficking* (3, 5, 12)

* Evidence of this activity is limited and/or the extent of the problem is unknown.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a) — (c) of ILO C. 182.

The commercial sexual exploitation of both boys and girls, including exploitation in the tourism industry, occurs in Cabo Verde.(3, 5) There is evidence that children are victims of sexual exploitation in Santa Maria, Praia, and Mindelo. Children are trafficked within Cabo Verde and to Guinea.(5, 13) Children begging and vending goods on the street are more susceptible to human trafficking.(14) Children from Cabo Verde are also forced to transport drugs to Brazil and Portugal.(5)



II. Legal Framework for the Worst Forms of Child Labor

Cabo Verde has ratified all key international conventions concerning child labor (Table3).

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

The Government has established laws and regulations related to child labor, including its worst forms (Table 4).

Table 4. Laws and Regulations Related to Child Labor

Standard

Yes/No

Age

Related Legislation

Minimum Age for Work

Yes

15

Article 261 of the Labor Code (15)

Minimum Age for Hazardous Work

Yes

18

Article 264 of the Labor Code; Article 133 of the Civil Code (15, 16)

Prohibition of Hazardous Occupations or Activities for Children

Yes

 

Articles 264 and 267 of the Labor Code (15)

Prohibition of Forced Labor

Yes

 

Article 14 of the Labor Code (15)

Prohibition of Child Trafficking

Yes

 

Article 149 of the Penal Code (17)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Articles 148 — 150 of the Penal Code (17)

Prohibition of Using Children in Illicit Activities

Yes

 

Article 8 of Act No. 78/IV/93 (18)

Minimum Age for Compulsory Military Recruitment

Yes

18

Article 2 of Legislative Decree No. 6/93 (19, 20)

Minimum Age for Voluntary Military Service

Yes

17

Article 31 of Legislative Decree No. 6/93 (19, 21)

Compulsory Education Age

Yes

15

Articles 13 and 20 of the Legislative Decree of the Education System (1, 22)

Free Public Education

Yes

 

Article 14 of the Legislative Decree of the Education System (22)

The Labor Code prohibits minors from engaging in night work and states that minors cannot conduct activities that are not in accordance with their physical and mental development. These prohibitions, however, are not specific enough to facilitate enforcement.(15) In 2014, the Government finalized a list of specific hazardous occupations and activities prohibited for children under age 18; the list is currently awaiting approval by the Ministry Council.(11)

The Penal Code only protects children age 16 and younger from human trafficking for commercial sexual exploitation.(17) A revised Penal Code, which prohibits human trafficking of all persons for both commercial sexual exploitation and forced labor, is awaiting approval.(23, 24)

The Penal Code does not prohibit using minors ages 16 and 17 for commercial sexual exploitation, nor that of children age 14 and older in sex shows and pornography.(17) Furthermore, Cabo Verdean law does not contain prohibitions on selling and benefitting from the commercial sexual exploitation of children, nor does it prohibit distributing, selling, possessing, and benefitting from child pornography.

While Act No. 78/IV/93 prohibits children from being used for drug trafficking, Cabo Verdean law does not prohibit the use of children in other illicit activities.(18)

According to Article 8 of Legislative Decree No. 6/93, the minimum age for military recruitment may be amended in times of war.(20, 21) The Government has stated that children younger than age 17 would not be conscripted into the military during times of conflict; however, this leaves children age 17 vulnerable to the worst forms of child labor.(19, 21)



III. Enforcement of Laws on the Worst Forms of Child Labor

The Government has established institutional mechanisms for the enforcement of laws and regulations on child labor, including its worst forms (Table 5).

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Inspector General for Labor (IGT)

Monitor and enforce child labor laws, working closely with the Ministry of Justice and the Cabo Verdean Institute for Children and Adolescents (ICCA).(2, 25, 26)

Ministry of Justice, including the Judicial Police and the National Police

The Judicial Police conduct criminal investigations and the National Police make arrests related to the worst forms of child labor, including human trafficking.(5, 14, 27)

Law enforcement agencies in Cabo Verde took actions to combat child labor, including its worst forms.

Labor Law Enforcement

In 2014, 14 labor inspectors conducted labor inspections in Cabo Verde. During the reporting period, some Inspector General for Labor (IGT) inspectors participated in National Committee for Child Labor Prevention and Eradication (CNPETI) training and workshop sessions on child labor, including its worst forms.(2, 27) The IGT requires additional funding so labor inspectors are able to conduct inspections on all of the islands in the archipelago.(2, 20)

Inspectors conducted 1,482 inspections in all formal sectors of the economy, including in places where children might work.(2, 20) The IGT conducts both announced and unannounced site visit inspections and is able to carry out child labor inspections of formal-sector companies even if they have not received complaints against a specific company.(2, 20) Disque Denuncia, the Government's hotline for reporting cases of child exploitation, attended to 18 cases of child labor in 2014.(5, 11) Two of these cases were referred to the IGT; the remaining cases were referred to the Cabo Verdean Institute for Children and Adolescents (ICCA) for placement in social programs.(11)

Inspectors found violations of hazardous child labor, but no information is available on how many violations were found. It is unclear how hazardous child labor was identified in these cases because the law does not contain specific prohibitions on hazardous occupations or activities for children.(2) No penalties or citations for child labor violations were issued during the reporting period.(2) The IGT refers victims of child labor to the ICCA for social protection services.(11)

Criminal Law Enforcement

In 2014, the Judicial Police employed 135 officers and the National Police employed 1,764 officers.(20) In July 2014, the Government, in partnership with USDOS and the UN, held a training for both the Judicial Police and the National Police on how to identify, investigate, and respond to cases of human trafficking.(14) No investigations or prosecutions involving the worst forms of child labor were carried out during the reporting period.(2)

A mechanism exists between the Ministry of Justice and the ICCA to refer child trafficking victims; however, research did not find referral mechanisms for victims of other worst forms of child labor.(14)



IV. Coordination of Government Efforts on the Worst Forms of Child Labor

The Government has established mechanisms to coordinate its efforts to address child labor, including its worst forms (Table 6).

Table 6. Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

National Committee for Child Labor Prevention and Eradication in Cabo Verde (CNPETI)

Coordinate the execution of the National Action Plan for the Prevention and Eradication of Child Labor (PANPETI), ensuring that national laws comply with international conventions on child labor, and produce yearly reports on child labor issues for the National Assembly. Composed of representatives from 30 institutions, including government agencies, civil society groups, unions, the ILO, and UNICEF.(28, 29) CNPETI, supervised by ICCA, meets four times a year with other collaborating institutions to discuss implementation, monitoring, and evaluation of CNPCTI's objectives.(2, 29)

Children and Adolescent Committee to Prevent and Combat Sexual Abuse and Exploitation*

Contribute to the prevention and elimination of child sexual exploitation by coordinating the activities of organizations and public and private services. The committee members meet once a year.(27) Composed of representatives from the Ministry of Justice, the Institute for Gender and Equality, the Association of Cabo Verdean Journalists, the Solidarity Foundation, the National Commission for Human Rights and Citizenship, and NGOs.(14)

National Unit for the Prevention and Elimination of Child Labor

Coordinate and monitor the implementation of all national programs and activities to prevent and eradicate child labor. Participate in CNPETI meetings to coordinate collective efforts to address child labor. Provide direct services to those affected by child labor.(30, 31)

Municipal Committee for the Defense of Rights of Children and Adolescents (CMDDCA)

Assist and monitor vulnerable children and their families.(4) Seventeen CMDDCAs operate under municipal jurisdiction; they include representatives from the Ministry of Education and Sports, municipalities, health departments, the National Police, courts, and other offices.(4)

* Mechanism to coordinate efforts to address child labor was created during the reporting period.



V. Government Policies on the Worst Forms of Child Labor

The Government of Cabo Verde has established policies related to child labor, including its worst forms (Table 7).

Table 7. Policies Related to Child Labor

Policy

Description

National Action Plan for the Prevention and Eradication of Child Labor†

Prioritizes the eradication of child labor. Outlines specific objectives, including data collection; institutional capacity building; and enhancement of measures to prevent, protect, and remove children from involvement in child labor.(4, 28) Aims to engage multiple stakeholders, such as government agencies, workers' organizations, and child workers and their families, in the efforts to achieve these goals.(4, 28)

Regional Action Plan for the Elimination of Child Labor

Aims to eliminate the worst forms of child labor in West Africa by 2015.(32, 33)

The Code of Ethics Against the Sexual Exploitation of Children and Adolescents†

Guides and governs all agencies involved in the tourism sector in Cabo Verde.(34) Approved in July 2014 during a workshop organized by the Ministry of Youth, Employment, and Development of Human Resources and the Chamber of Commerce of Leeward Islands, in partnership with the ILO.(14) Will allow the tourism sector to play a prominent role in the fight against the exploitation of children and adolescents, with particular regard to sexual exploitation.(14, 34)

Strategic Plan for the Implementation of the National Policy for Children and Adolescents*

Aims to increase coordination among agencies serving children and youth, including the abandoned and vulnerable. Includes plans to establish a standing committee to oversee its implementation and foster collaboration among public bodies.(35, 36)

Poverty Reduction and Growth Plan III (2012 — 2016)

Identifies strategies to reduce poverty, foster economic development, and bolster education in order to reduce child labor.(30, 37) Includes plans to develop educational materials on child labor and the sexual exploitation of children.(28)

National Action Plan for Human and Citizenship Rights

Targets human rights violations, including those affecting children and adolescents. For example, proposes the development of mechanisms to identify cases of forced labor involving children under age 14, as well as programs and necessary measures to end these situations.(38) Also plans to increase and develop programs that combat the commercial sexual exploitation of children.(28)

* Child labor elimination and prevention strategies do not appear to have been integrated into this policy.
† Policy was approved during the reporting period.



VI. Social Programs to Address Child Labor

In 2014, the Government of Cabo Verde funded and participated in programs that include the goal of eliminating or preventing child labor, including its worst forms (Table 8).

Table 8. Social Programs to Address Child Labor

Program

Description

Eliminating the Worst Forms of Child Labor in West Africa and Strengthening Sub-Regional Cooperation Through ECOWAS I and II

USDOL-funded regional projects that supported ECOWAS to strengthen its role in combating the worst forms of child labor in the West Africansubregion by providing policy and capacity building support for all ECOWAS states.(39, 40)

Emergency and Social Integration Centers for Children‡

ICCA-run program that operates emergency centers for child victims of abuse and sexual exploitation on Santiago and Mindelo Islands.(5, 25, 27, 37) Centers provide social, psychological, and medical services to children who have experienced long-term trauma. Centers also guide children toward schools and vocational training centers.(5, 25, 27) The Government maintained five centers on Boa Vista, Fogo, Sal, Santiago, and São Nicolau Islands.(5)

Prevention and Elimination of Child Labor in West Africa

$5.5 million Government of Spain-funded, 5-year project implemented by ILO-IPEC in collaboration with the Government. Aimed to strengthen the institutional and legal environment, improve the knowledge base, and build local capacity related to child labor.(28, 41)

Government Efforts to Increase Access to Education*‡

Government program funded by WFP and UNICEF, led by the Cabo Verde Social and Educational Action Institute, that ensures school access for vulnerable children by providing funds for school fees, school materials, and free meals.(25, 37) Secondary education is free for children whose families earn less than $1,820 annually.(3)

Street Children Program (Nôs Kaza-Criança fora da rua, dentro da escola)‡

Government program run by ICCA for street children vulnerable to sexual and labor exploitation. Centers provide counseling and aim to reintegrate street children into their families and schools.(25, 37) Six day centers operate on the Boa Vista, Fogo, Santo Antão, São Nicolau, São Vicente, and Santiago Islands.(5)

* The impact of this program on child labor does not appear to have been studied.
‡ Program is funded by the Government of Cabo Verde.

Although Cabo Verde has programs that target child labor, the scope of these programs is insufficient to address the extent of the problem fully. Additionally, research found no evidence that the Government has carried out programs to assist children in agriculture and domestic service.



VII. Suggested Government Actions to Eliminate the Worst Forms of Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor, including its worst forms, in Cabo Verde (Table 9).

Table 9. Suggested Government Actions to Eliminate Child Labor, Including its Worst Forms

Area

Suggested Action

Year(s) Suggested

Legal Framework

Approve the list of hazardous occupations and activities prohibited for children.

2014

Ensure that all children under age 18 are protected from human trafficking for forced labor.

2014

Ensure that the law protects all children under age 18 from all forms of commercial sexual exploitation.

2009 — 2014

Prohibit the use of children in all illicit activities.

2014

Ensure children under age 18 are prohibited from military conscription in all circumstances.

2011 — 2014

Enforcement

Ensure that the IGT receives adequate funding to conduct labor inspections on all islands.

2014

Make data on child labor violations publicly available and ensure that violators are penalized.

2014

Ensure that investigations of crimes related to the worst forms of child labor are being conducted and make data on investigations and prosecutions publicly available.

2011 — 2014

Establish a referral mechanism between criminal law enforcement and social welfare services for children found in all of the worst forms of child labor.

2014

Government Policies

Integrate child labor elimination and prevention strategies into the Strategic Plan for the Implementation of the National Policy for Children and Adolescents.

2011 — 2014

Social Programs

Conduct research to determine specific activities related to children's work in agriculture to inform policies and programs.

2013 — 2014

Assess the impact that existing education programs may have on child labor.

2011 — 2014

Expand existing programs to address the scope of the child labor problem and institute programs to address child labor in agriculture and domestic service.

2010 — 2014



1.ILO Committee of Experts. Individual Direct Request concerning Minimum Age Convention, 1973 (No. 138) - Cabo Verde (Ratification: 2011) Published : 2014; accessed November 10, 2014 http://www.ilo.org/dyn/normlex/en/f?p=1000:20010:0::NO:::.

2.U.S. Embassy- Praia. reporting, January 15, 2015.

3.U.S. Department of State. "Cabo Verde," in Country Reports on Human Rights Practices- 2013. Washington, DC; 2014; http://www.state.gov/j/drl/rls/hrrpt/humanrightsreport/index.htm?year=2013&dlid=220093.

4.ILO-IPEC. Estudo sobre a aplicação das Convenções n.° 138 e n.° 182 da OIT e suas recomendações na legislação nacional dos países da CPLP; 2012. http://www.ilo.org/ipecinfo/product/download.do?type=document&id=23178.

5.U.S. Department of State. "Cabo Verde," in Trafficking in Persons Report- 2014. Washington, DC; June 2014; http://www.state.gov/j/tip/rls/tiprpt/2014/index.htm

6.Government of Cabo Verde. Cabo Verde- Correcções e actualizações no tocaante aos dados do relatório 2013 sobre Piores Formas de Trabalho Infantil 2014. hardcopy on file.

7.Portal da Ilha do Fogo. "Trabalho Infantil em Cabo Verde acontece mais no seio da familia." fogo.cv [online] June 14, 2010 [cited March 4, 2014]; http://www.fogo.cv/index.php?option=com_content&task=view&id=2724&Itemid=50.

8.Government of Cabo Verde. Lista dos Trabalhos Perigosos Interditos a Crianças e Adolescentes em Cabo Verde; 2014.

9.UNESCO Institute for Statistics. Gross intake ratio to the last grade of primary. Total. [accessed January 16, 2015]; http://www.uis.unesco.org/Pages/default.aspx?SPSLanguage=EN. Data provided is the gross intake ratio to the last grade of primary school. This measure is a proxy measure for primary completion. For more information, please see the "Children's Work and Education Statistics: Sources and Definitions" section of this report.

10.UCW. Analysis of Child Economic Activity and School Attendance Statistics from National Household or Child Labor Surveys. Original data from Inquérito as Despesas e Receitas Familiares, 2001-2002. Analysis received January 16, 2015. Reliable statistical data on the worst forms of child labor are especially difficult to collect given the often hidden or illegal nature of the worst forms. As a result, statistics on children's work in general are reported in this chart, which may or may not include the worst forms of child labor. For more information on sources used, the definition of working children and other indicators used in this report, please see the "Children's Work and Education Statistics: Sources and Definitions" section of this report.

11.Government of Cabo Verde official. E-mail communication to USDOL official. March 13, 2015.

12.Bordonaro, LI. From Home to the Street: Children's Street-Ward Migration in Cabo Verde. Lisbon, Centro em Rede de Investigacao em Antropologia; 2010.
http://www.cria.org.pt/index.php?option=com_docman&task=doc_download&gid=4&Itemid=92&lang=pt [source on file].

13.U.S. Department of State. "Guinea," in Trafficking in Persons Report- 2014. Washington, DC; June 2014; http://www.state.gov/j/tip/rls/tiprpt/2014/index.htm

14.U.S. Embassy- Praia. reporting, February 13, 2015.

15.Government of Cabo Verde. Código Laboral Cabo-verdiano, No. 5/2007, enacted October 16, 2007. [source on file].

16.Government of Cabo Verde. Código Civil, enacted September 30, 1997. http://www.africanchildforum.org/clr/Legislation%20Per%20Country/cape%20verde/capeverde_civilcode_1997_pr.pdf.

17.Government of Cabo Verde. Código Penal de Cabo Verde, Decreto-Legislativo No. 4/2003, enacted 2004. http://www.mj.gov.cv/index.php?option=com_docman&task=doc_download&gid=59&Itemid=66.

18.Government of Cabo Verde. Lei No. 78/IV/93, enacted July 12, 1993.

19.Child Soldiers International. "Appendix II: Data Summary on Recruitment Ages of National Armies," in Louder Than Words: An Agenda for Action to End State Use of Child Soldiers. London; 2012; http://www.child-soldiers.org/global_report_reader.php?id=562.

20.U.S. Embassy- Praia official. E-mail communication to USDOL official. April 17, 2015.

21.United Nations Treaty Collection Database. United Nations Treaty Collection: Optional Protocol to the Convention on the Rights of the Child on the Involvement of Children in Armed Conflict accessed April 10, 2014; http://treaties.un.org/Pages/ViewDetails.aspx?src=TREATY&mtdsg_no=IV-11-b&chapter=4&lang=en.

22.Government of Cabo Verde. Bases do Sistema Educativo, Decreto-Legislativo No. 2/2010, enacted May 7, 2010.

23.Government of Cabo Verde official. E-mail communication to USDOL official. March 18, 2015.

24.Government of Cabo Verde. Cabo Verde- Correcções e actualizações no tocaante aos dados do relatório 2013 sobre Piores Formas de Trabalho Infantil 2014. [source on file].

25.ILO Committee of Experts. Individual Direct Request concerning Worst Forms of Child Labour Convention, 1999 (No. 182) Cabo Verde (ratification: 2001) Published: 2011; accessed December 9, 2013; http://www.ilo.org/dyn/normlex/en/f?p=1000:20010:0::NO:::.

26.U.S. Embassy- Praia. reporting, January 17, 2014.

27.Government of Cabo Verde. Informações solicitadas pelo Departamento do Trabalho do EUA Sobre o Trabalho Infantil; 2014. hardcopy on file.

28.Government of Cabo Verde. Plano de acção de prevenção e erradicação do trabalho infantil-PANPETI, Resolução n° 43/2014, do B.O. I Série, n° 36,, enacted June 2, 2014. [source on file].

29.Government of Cabo Verde. Informações solicitadas pelo Departamento do Trabalho do EUA Sobre o Trabalho Infantil; 2014. [source on file].

30.U.S. Embassy- Praia. reporting, February 15, 2013.

31.U.S. Embassy- Praia official. E-mail communication to USDOL official. March 20, 2013.

32.ILO. ECOWAS Ministers of Labour and Social Welfare Adopt a Regional Action Plan on Child Labour, Specially its Worst Forms. Press Release. Geneva; December 12, 2012. http://www.ilo.org/ipec/Events/WCMS_195519/lang--en/index.htm.

33.Economic Community of West African States (ECOWAS). ECOWAS Regional Action Plan for the Elimination of Child Labour Especially the Worst Forms; 2013. http://www.ilo.org/wcmsp5/groups/public/---africa/documents/publication/wcms_227737.pdf.

34.Government of Cabo Verde. Código de Conduta Ética do Turismo Contra a Exploração Sexual da Criança e do Adolescente, enacted April 2, 2014.

35.ILO-IPEC. Supporting Actions to Meet the 2015 Targets to Eliminate the Worst Forms of Child Labor in Lusophone Countries in Africa. Technical Progress Report. Geneva; April 2012.

36.Radiotelevisao e Novas Tecnologias Educativas. "Governo apresenta Plano Estategico da Politica da Proteccao da Crianca e do Adolescente." radioeducativa.cv [online] January 16, 2012 [cited 2014]; http://www.radioeducativa.cv/index.php?paginas=21&id_cod=207.

37.Government of Cabo Verde official. Letter to USDOL official. December 11, 2011.

38.Government of Cabo Verde official. Letter to USDOL official. April 8, 2010.

39.ILO-IPEC. Eliminating the Worst Forms of Child Labour in West Africa and Strengthening Sub-Regional Cooperation through ECOWAS. Geneva; September 3, 2010.

40.ILO-IPEC. Eliminating the Worst Forms of Child Labour in West Africa and Strengthening Sub-Regional Cooperation through ECOWAS-II. Project Document. Geneva; December 20, 2010.

41.ILO-IPEC Geneva official. E-mail communication to USDOL official. January 9, 2015.

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