Guide Trafficking in Persons Report 2012 Cape Verde

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Preventing the engagement of children in the worst forms of child labour. Access to free basic education. 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 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 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 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.

Article 3 b of the Convention. Use, procuring or offering of a child for prostitution, for the production of pornography or for pornographic performances. The Committee previously noted that the Penal Code established penalties for encouraging or facilitating the prostitution of children under 16 years of age section and the use of a child under 14 years of age in pornographic performances section The Committee requested the Government to take the necessary measures to bring its legislation into conformity with Article 3 b of the Convention in order to ensure that 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.

The Committee requests the Government to provide information on the application of sections A, , and of the Penal Code in practice, including the number of investigations, prosecutions and convictions, as well as sanctions imposed with regard to the use, procuring or offering of a child under 18 years of age for prostitution, for the production of pornography or for pornographic performances.

The Committee is raising other matters in a request addressed directly to the Government. It further notes that Cabo Verde has not submitted a declaration of acceptance of the amendments to the Code of the Convention adopted in by the International Labour Conference and is therefore not bound by these amendments. If considered necessary, the Committee may come back to other matters at a later stage.

Article I of the Convention. General questions on application. Implementing measures. The Committee recalls that according to Article I, each Member undertakes to give complete effect to its provisions in order to secure the right of all seafarers to decent employment. In this respect, the Committee reminds the Government that it may avail itself of the technical assistance of the Office and requests the Government to provide a copy of all relevant new legislation or other regulatory instruments implementing the Convention once they are adopted.

Article II, paragraph 1 f.

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It also notes that section c of the Labour Code defines seafarer as any person engaged to provide his or her services on board a vessel in accordance with the applicable labour and commercial law. Regulation 1. Recruitment and placement. However, the Government has indicated that currently there are no provisions regulating the system of certification. The Committee further notes that sections and of the Shipping Code contain relevant provisions relating to Regulation 1.

It further requests the Government to indicate the measures which give effect to the minimum requirements for the operation of private seafarer recruitment and placement services pursuant to Standard A1. The Committee also requests the Government to provide information on measures adopted or envisaged with regard to the use of recruitment and placement services that operate in countries that have not ratified the Convention, by shipowners of Cape Verdean ships and whether they conform to the requirements of Standard A1. Regulation 2. Signed original. The Committee notes that sections to of the Labour Code implement several aspects of Standard A2.

Minimum notice period for termination. With regard to minimum notice periods, the Committee notes that termination of an SEA may be immediate in case of mutual agreement, in accordance with section of the Labour Code. The Committee recalls that Standard A2.


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The Committee also recalls that Standard A2. In determining those circumstances, each Member shall ensure that the need of the seafarer to terminate, without penalty, the employment agreement on shorter notice or without notice for compassionate or other urgent reasons is taken into account. The Committee therefore requests the Government to ensure that national legislation gives full effect to the requirements of Standard A2.

Examination and advice before signing. Information available on board. The Committee notes that the national legislation does not ensure that seafarers are given an opportunity to review and seek advice on their SEA before signing it, as it is required under Standard A2. It also notes that the national legislation does not ensure either that seafarers have easy access on board ship to information about their conditions of employment, as required under Standard A2.

Therefore, the Committee requests the Government to indicate the measures taken or envisaged to give effect to Standard A2. Record of employment. The Committee requests the Government to provide information on measures adopted or envisaged to give full effect to the provisions of Standard A2. The Committee notes that national legislation does not contain any provisions requiring that shipowners take measures to provide seafarers with means to transmit all or part of their earnings to their families or dependants or legal beneficiaries, as required by Standard A2.

The Committee therefore requests the Government to provide information on measures adopted or envisaged to give full effect to the provisions of Standard A2. Hours of work and hours of rest. The Committee notes that the Government has established a system based on hours of rest. Noting the inconsistency of some of the existing provisions, the Committee requests the Government to provide information concerning the application, in practice, of the Ministerial Order No.

The Committee therefore requests the Government to indicate the measures taken to ensure that all seafarers, including the commander or master, the mate, the chief engineer officer, the engineer first officer, and the chief technician, are covered by the protection afforded by Standard A2. Finally, the Committee requests the Government to indicate the measures adopted or envisaged to give full effect to the provisions in Standard A2. Entitlement to leave. The Committee also notes that under section 54 2 of the Labour Code an employee may accept payment for up to 50 per cent of his or her annual leave and may also forgo taking annual leave in exchange for payment in certain situations.

The Committee recalls that under Standard A2. The Committee requests the Government to provide detailed information on the cases in which agreements to forgo the minimum annual leave with pay are authorized by the competent authority. The Committee notes that national legislation does not require shipowners to give seafarers appropriate shore leave.

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The Committee requests the Government to indicate the measures taken or envisaged to give effect to Regulation 2. The Committee notes that section of the Shipping Code requires recruitment and placement services to provide insurance in an amount equivalent to that provided by national legislation in the events of death, incapacity for accident and repatriation. However, the Committee notes that there are no provisions implementing Regulation 2.

It further notes that the existing legislation does not establish a maximum period of service on board following which a seafarer is entitled to repatriation as required by Standard A2. The Committee therefore requests the Government to indicate the measures adopted or envisaged to give full effect to these requirements of the Convention. However, the Committee notes that a seafarer is entitled to the benefit only after days of effective work and compensation is subject to a number of circumstances.

The Committee requests the Government to indicate the measures adopted or envisaged to give effect to Regulation 2. The Committee notes that national legislation does not provide procedures to investigate and settle complaints or disputes about determinations on the safe manning levels. The Committee requests the Government to explain how the guidance provided in Guideline B2. Regulation 3. Accommodation and recreational facilities. The Committee notes that the Committee refers to some provisions of the national legislation which do not cover all the requirements under Regulation 3.

The Committee requests the Government to provide information on measures adopted or envisaged to give full effect to Standard A3. Food and catering. The Committee notes that section of the Labour Code contains some provisions regarding the requirements of Regulation 3. However, it does not regulate the quantity and quality of food and drinking water. Noting that national legislation does not ensure the respect of the following requirements: i in circumstances of exceptional necessity, the limitation of a dispensation permitting a non-fully qualified cook to service in a specified ship only until the next convenient port of call or for a period not exceeding one month Standard A3.

Regulation 4. Medical care on board ship and ashore. The Committee notes that some provisions of the Shipping Code and other regulations provide for medical care on board and ashore in general terms without giving effect to the detailed requirements of Regulation 4. The Committee requests the Government to provide information on national measures adopted or envisaged to give full effect to the provisions of Regulation 4. The Committee requests the Government to indicate the relevant laws or regulations giving effect to the requirements of Regulation 4.

The Committee requests the Government to provide information on national measures adopted or envisaged to give full effect to the requirements of Standard A4. The Committee requests the Government to provide detailed information on how these provisions give effect to the provisions in Standard A4. The Committee requests the Government to provide information on national measures that are into force or are adopted in future to give effect to the provisions of the Standard A4.

Health and safety protection and accident prevention. The Committee notes that the provisions of national legislation are of a general nature and that, although they address several matters, they do not cover all the requirements under Regulation 4. The Committee requests the Government to provide information on measures adopted or envisaged to give full effect to the provisions of the Convention.

The Committee reminds the Government that it can take into consideration the guidance provided in ILO Guidelines for implementing the occupational safety and health provisions of the Convention in the the national measures adopted in the future to give full effect to Regulation 4. Health protection, medical care, welfare and social security protection. Social security. The Committee notes that, upon ratification, in accordance with Standard A4. The Committee recalls that the Standard A. The Committee notes that national legislation foresees monitoring to ensure that social security contributions are made by employers and employees.

Regulation 5. Flag State responsibilities. The Committee notes that the laws and regulations in force provided by the Government do not give effect to the detailed requirements of Regulation 5. Authorization of recognized organizations. The Committee notes that Decree-Law No. The Committee requests the Government to provide detailed information on the national measures adopted to give effect to Regulation 5.

The Committee requests the Government to provide a current list of recognized organizations, specifying the functions that they have been authorized to carry out Standard A5. Recalling the significance of establishing a system for ensuring compliance with the requirements of Regulation 5. Inspection and enforcement. The Committee requests the Government to indicate the measures taken or envisaged to give full effect to these provisions of the Convention. On-board complaint procedures. The Committee notes that the Labour Code contains some provisions relating to Regulation 5.

Port State responsibilities. Inspections in port. The Committee notes that Abuja MoU has not been apparently amended to include the requirements set out in the MLC, , among those that are to be inspected in port. The Committee requests the Government to provide information concerning a possible revision of the Abuja MoU in order to fulfil the requirements of the Convention.

The Committee further notes that inspectors are not instructed as to the kinds of circumstances justifying detention of ship. The Committee requests the Government to provide information on the number of authorized officers appointed by the competent authority and the qualifications and training required for carrying out port State control, and on measures adopted or envisaged to give effect to the provisions in Standard A5. Onshore seafarer complaint-handling procedures. The Committee notes that the national laws and regulations in force do not give effect to the detailed requirements of Regulation 5.

Additional documentation requested. The Committee notes that the Government has omitted to provide some of the documents requested in the report form. The Committee would be grateful if the Government would provide the following documents and information: for each type of ship passenger, cargo, etc.

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Article 3 of the Convention. Minimum services in the event of a strike. In its previous comments, the Committee had noted with interest the establishment of an independent tripartite body to determine minimum services during a strike. With respect to the independent tripartite committee, the Government reports that the workshop recommended that: i the tripartite committee could establish a list of essential services to be submitted to the Council for Social Cooperation; ii the independent tripartite committee would work in cooperation with the Council for Social Cooperation; and iii the committee should be made up, in addition to its three permanent members, of two ad hoc members, chosen for each specific situation, according to the sector in which the strike takes place.

The Committee also notes that the UNTC—CS has differing opinions from the Government about the nature, composition and operation of the independent tripartite committee; and that it presents a list of counterproposals intended to ensure the independence of the committee from the Council for Social Cooperation and the permanent nature of its composition. Recalling the possibility of requesting the technical assistance of the Office, the Committee encourages the Government and the social partners to pursue their efforts to establish a consensus on the composition and operation of the tripartite committee responsible for determining the minimum services in the event of a strike in essential services.

The Committee requests the Government to indicate any progress made in this respect. The Committee also requests the Government to provide information on the possible formulation and adoption of a revised list of minimum services in essential services. Pending the commencement of the operation of the committee and the adoption of the list, the Committee requests the Government to provide information on the process of determining the minimum services in the event of a strike in essential services.


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Recourse to civil requisition. In its previous comments, the Committee had requested the Government to take the necessary measures to limit the situations in which it is possible to have recourse to civil requisition. The Committee considers that services may only be considered essential, for the purposes of restricting or prohibiting the right to strike, when their interruption would endanger the life, personal safety or health of the whole or part of the population see General Survey op cit.

The Committee requests the Government to take the necessary measures to amend the legislative provisions concerned in order to limit requisition, considered as an exceptional measure, to the above situations. Majority required to call a strike. In its previous comments, the Committee had requested the Government to take the necessary measures with a view to amending the Labour Code to ensure that, where a vote is held for the purpose of deciding on a strike, only the votes cast are counted. Adequate protection against acts of anti-union discrimination.

Article 4. Promotion of collective bargaining.

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In its previous comments, the Committee requested the Government to provide information on the impact of the Plan of Action for Collective Bargaining and the work of the National Committee for the Promotion of Collective Bargaining. The Committee welcomes the information provided by the Government on the conclusion of a collective agreement by air traffic controllers and on the ongoing negotiations in other sectors.

The Committee also welcomes the organization in , with the support of the Office, of a tripartite workshop on freedom of association and the promotion of collective bargaining, which recommended in its conclusions the reactivation of the National Committee for the Promotion of Collective Bargaining, which has not met since , and the establishment of a workplan for the achievement of its objectives. The Committee also notes that reference is made in these conclusions to the status of the collective agreement of the postal service, which has been submitted to the Directorate-General for Labour and is still awaiting approval.

Recalling the principle that, by virtue of the autonomy of the parties to collective bargaining deriving from Article 4 of the Convention, the approval of collective agreements by the public authorities should be confined to verifying compliance with procedural requirements and the minimum standards of protection laid down by the labour legislation see General Survey on the fundamental Conventions, , paragraph , the Committee requests the Government to provide information with regard to the status of the collective agreement of the postal service.

The Committee also encourages the Government to continue its efforts to promote collective bargaining and particularly invites it to reactivate the National Committee for the Promotion of Collective Bargaining. The Committee requests the Government to continue indicating the actions taken for the promotion of collective bargaining and the number of collective agreements concluded, the sectors and the number of workers covered. Article 4 of the Convention.

Formulation, implementation and periodic review of a coherent national policy on occupational safety, occupational health and the working environment. Consultation with the most representative organizations of employers and workers. Measures to give effect to the national policy. In its previous comment, the Committee noted the participation of the country in an ILO technical assistance programme, including the organization of a tripartite workshop in August with the objective of developing a national policy.

It noted that, following the workshop, a national occupational safety and health OSH profile was developed and the principle elements of the national policy identified. The Committee notes with satisfaction the information provided by the Government in its report that the National Occupational Safety and Health Policy was unanimously approved by the Social Dialogue Council and adopted by Resolution No. The objective of the National Policy is to promote and maintain at the national level the highest level of physical, mental and social well-being of workers in all occupations and professions and to prevent accidents and health effects which are the consequence of work or are related to work, or occur during work, with a view to reducing to a minimum, in so far as is reasonably possible, the causes of risks inherent in the working environment.

The Committee notes that Resolution No. The Resolution also provides that an executive committee, composed of two representatives of the Ministry responsible for labour matters and two representatives of the Ministry responsible for health matters, is responsible for coordinating and supervising the implementation of the National Policy and the national OSH plan. The Committee requests the Government to provide information on the measures taken by the Tripartite Occupational Safety and Health Committee in the context of the implementation of the National Policy, and the frequency envisaged for the review of the National Policy.

Articles 13 and 19 f.

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Protection of workers who have removed themselves from situations presenting an imminent and serious danger. However, the Committee notes that the Government limits itself in its report to referring to section 1 e , 3 and 4 of the Labour Code, which authorize workers to terminate the employment relationship, particularly in cases of serious risks to their health or threats to their safety.

In such cases, workers are entitled to compensation calculated on the basis of their years of service. The Committee observes that these provisions do not specifically cover the requirements set out in Articles 13 and 19 f of the Convention. The Committee once again requests the Government to give effect to these Articles of the Convention and to provide information on this subject. Article 6 of the Convention. Respective functions and responsibilities of public authorities, employers, workers and others concerned as envisaged in the National OSH Policy.

The Committee takes note of this information. Article Provision of guidance to employers and workers. With reference to the measures adopted to give effect to this Article, the Committee notes that the Government refers to section 12 of the conditions of service of the General Labour Inspectorate IGT adopted by Legislative Decree No.

The Government adds that the IGT gives priority to preventive and educational measures, by informing and advising employers on best practices to improve working conditions in accordance with the legislation in force, and provides examples of the various activities organized by the IGT for the purposes of information and awareness raising on OSH. The Committee also notes that, under section 79 of Legislative Decree No.

Obligation of the competent authorities to ensure that certain functions are carried out progressively. In its previous comment, the Committee requested the Government to provide information on the measures taken to ensure that the functions set out in clauses a the determination, where the nature and degree of hazards so require, of conditions governing the design, construction and layout of undertakings, the commencement of their operations, alterations, the safety of technical equipment used at work and the procedures defined , b the determination of work processes and of substances and agents the exposure to which is to be prohibited, limited or made subject to authorization by the competent authority , e the publication annually of information on measures taken in pursuance of the National OSH Policy and on occupational accidents, occupational diseases and other injuries to health which arise in the course of or in connection with work and f the introduction or extension of systems to examine chemical, physical and biological agents in respect of the risk to the health of workers.

The Committee notes that, among its activities, the IGT receives notification of industrial accidents and occupational diseases from employers and insurance companies and is responsible for investigating industrial accidents.


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The Committee also notes that, under the terms of Resolution No. The Committee requests the Government to provide additional information on the measures adopted or envisaged to ensure the publication annually, by the Tripartite OSH Commission, among others, of information on the implementation of the National OSH Policy.

It also requests it to provide information on the measures adopted or envisaged to give effect to clauses a , b and f of Article 11 of the Convention. Responsibilities of persons who design, manufacture, import, provide or transfer machinery, equipment or substances for occupational use. The Committee requests the Government to take the necessary measures to give effect to Article 12 and to provide information on this subject. Coordination between institutions. In its previous comments, the Committee requested the Government to provide information on the coordination mechanisms that are in place to ensure the coherence of the National OSH Policy.

Implementation of occupational safety and health measures without any expenditure for the workers. The Committee notes this information. Articles 3 1 a and b , 13, 17 and 18 of the Convention. Prevention and enforcement activities of the labour inspection services. In this regard, the Committee welcomes the information provided by the Government on the training of labour inspectors on the investigation of workplace accidents including risk identification and analysis, types of action and approaches which the Committee understands will improve the capacity of labour inspectors to recognize risks and take appropriate action.

It also welcomes the information concerning the various other preventive activities undertaken by the labour inspectorate such as the organization of awareness-raising activities, workshops and meetings. However, it notes that the Government has not provided the requested information on the adoption of measures with immediate force in the event of a perceived risk to the safety or health of workers.

The Committee also previously noted the activities undertaken by the labour inspectorate with a view to addressing the high number of infringements in the commerce and catering sectors and the high number of industrial accidents in the construction sector. The number of Cabo Verdeans living abroad today is estimated to be double the number of domestic residents , Cabo Verdeans live abroad, mainly in the United States , and Europe including , people in Portugal. The situation has changed recently with an increasing number of immigrants arriving in Cabo Verde, a challenge that the Government of Cabo Verde faces and is currently addressing.

Recently, members of the diaspora returning to Cabo Verde have become more involved in the development of their country. The status of the immigrant investor is one more tool that joins other initiatives taken by the Government to encourage the participation of Cabo Verdeans abroad in the development of their country. The involvement of the Cabo Verdean diaspora in the development of the country is an area currently being explored by the Government of Cabo Verde.

The "Migration House" The "Migration House" of Cabo Verde programme includes migration data research and analysis to develop capacities of the government in addressing the main issues related to migration. Data analysis will be mainstreamed to inform policy dialogue and development to facilitate Cabo Verde's Government response to the challenges posed by the new migration trends on the islands. Strengthening the Capacity of Cabo Verde to Manage Labour and Return Migration within the Framework of the Mobility Partnership established with the European Union This project aims to promote legal mobility between Cabo Verde and the EU by enhancing cooperation on migration and development issues while combating irregular migration.

It will also facilitate reintegration into Cabo Verde's labour market of Cabo Verdeans returning home from EU countries, and support these in making the best possible use of the skills and resources acquired through the migration experience for their own benefit and the development of Cabo Verde. This project is implemented by the Portuguese Institute for Development Assistance. The Dias De Cabo Verde Project The project Dias De Cabo Verde — Diaspora for Development of Cabo Verde, where the Instituto das Comunidades is the main beneficiary and project manager and IOM is the implementing partner, aims to mobilize the human, social and professional resources of Cabo Verdeans living abroad, towards the capacity-building of key development sectors in Cabo Verde, such as health, education, infrastructure and tourism.

It promotes and reinforces the ties between members of the diaspora and the public and private sectors both in Cabo Verde and Europe, and also contributes to the strengthening of transnational linkages of the Cabo Verdean diasporas in Portugal, Italy and the Netherlands. The project is funded by the European Commission and co-funded by the Portuguese Cooperation. Box A, Av. Enter your keywords. Cabo Verde. Previous Pause Next. Multimedia Resources Here, you can find webinars, podcasts, videos, toolkits and other resources related to diaspora.