Minimum Age Convention, 1973 (No. 138) - Cabo Verde (Ratification: 2011)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

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.

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

Article 3(1) and 3(2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee previously noted with regret that the list of hazardous types of work prohibited for children in different industries and which was adopted by Act No. 113/VIII/2016 on 10 March 2016 only applies to children under 16 years of age. The Committee takes note of the Government’s indication, in its report, that the list of hazardous types of work does not fully comply with the requirements of the Convention. The Committee notes that, in the framework of the EU-funded Trade for Decent Work (T4DW) project, the review of the list of hazardous types of work is intended.

The Committee once again reminds the Government that, by virtue of Article 3(1) of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or morals of young persons shall not be less than 18 years. It once again emphasizes that the authorization to undertake hazardous work from the age of 16 years is a limited exception to the general rule on the prohibition of young persons under 18 years performing hazardous work, and that it does not constitute an unqualified authorization to engage in hazardous work as from the age of 16 years (2012 General Survey on the fundamental Conventions, paragraph 379). The Committee therefore urges the Government to take the necessary measures, in the framework of the T4DW project, to ensure that the review of the list of hazardous types of work raise the general minimum age for admission to hazardous work to 18 years, and to ensure that no child under the age of 18 shall be authorized to engage in hazardous work, other than in the exceptional cases allowed by Article 3(3) of the Convention. It requests the Government to provide detailed information on the progress made in this regard.

Article 3(3). Admission to types of hazardous work from the age of 16 years. The Committee, once again observing 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, 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 urges the Government to take the necessary measures, in the framework of the review of the hazardous work list intended by the T4DW project, to ensure that the performance of hazardous tasks by young persons aged from 16 to 18 years is authorized only as prescribed by Article 3(3) of the Convention. It requests the Government to provide detailed information on the progress made in this regard.

The Committee is raising other matters in a request directly addressed to the Government.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

Article 3(1) and 3(2) of the Convention. Minimum age for admission to, and determination of, hazardous work. The Committee previously noted that a regulatory instrument incorporating the list of hazardous types of work prohibited to children and young persons would be adopted shortly.

The Committee notes the Government’s information that the national list of hazardous forms of child labour was adopted by Act No. 113/VIII/2016 on 10 March 2016. The list enumerates hazardous types of work prohibited for children in different industries (agriculture, fishery, mining, manufacturing and construction), including work with chemical products or other dangerous substances, work involving transport of heavy loads, work exposing children to temperature, dusts or other unhealthy environments, work involving intense physical efforts, work for long hours or work on ships or vessels in general, among others. However, the Committee notes with regret that, according to sections 2 and 5(1) of the Act, the list only applies to children under 16 years of age. The Committee reminds the Government that, by virtue of Article 3(1) of the Convention, the minimum age for admission to any type of employment or work which by its nature or the circumstances in which it is carried out is likely to jeopardize the health, safety or moral of young persons shall not be less than 18 years. The Committee emphasizes that the authorization to undertake hazardous work from the age of 16 years is a limited exception to the general rule on the prohibition of young persons under 18 years performing hazardous work, and that it does not constitute an unqualified authorization to engage in hazardous work as from the age of 16 years (see 2012 General Survey on the fundamental Conventions, paragraph 379). The Committee therefore requests the Government to take the necessary measures to ensure that no children under 18 years of age, other than in the exceptional cases allowed by the Convention, shall be authorized to engage in hazardous work, in accordance with Article 3(1).

The Committee is raising other matters in a request directly addressed to the Government.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2015. The Committee also notes that the Government had been requested to provide information to the Committee on the Application of Standards at the 106th Session of the International Labour Conference for failure to supply reports and information on the application of ratified Conventions.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s indication that a National Action Plan for the Prevention and Elimination of Child Labour (PANPETI) has been approved by Resolution No. 43/2014 of 2 June 2014. According to the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), the measures undertaken within the PANPETI-2014 include: (i) the creation of various information, educational and communication materials to identify, prevent and combat child labour; (ii) the establishment of a National Committee for the Prevention and Elimination of Child Labour; (iii) a quantitative survey on child labour in 2014; (iv) the adoption of the Children and Young Person’s Act No. 50/VII/2013 (CYP Act of 2013); and (v) the creation of a list of types of hazardous work prohibited to children and young persons. The Committee requests the Government to continue providing information on the measures taken within the framework of the PANPETI to combat child labour and the results achieved.

Article 2(1). Scope of application. The Committee previously noted that the provisions of the Labour Code No. 5/2007 applied only to work done by a person with a contract of employment. Hence, the minimum age provisions did not cover children working outside an employment relationship. The Committee noted that according to the 2013 child labour survey report, 69.9 per cent of children were involved in agricultural work, animal husbandry, forestry and fishing, 12.6 per cent worked in domestic work and 6.8 per cent in commercial, retail and automobile works. It requested the Government to provide information on the measures taken to ensure that children who are not bound by an employment relationship enjoy the protection afforded by the Convention.

The Committee notes that section 61 of the CYP Act of 2013 establishes that the minimum age for admission to paid work shall be 15 years. The Committee notes from the Government’s report that, according to the survey by the National Institute of Statistics, 2012, 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. In this regard, the Committee requests the Government to take the necessary measures to ensure that children under the age of 15 years who are working on an unpaid basis as well as children working outside an employment relationship in the informal economy such as in agricultural work and domestic services are entitled to the protection afforded by the Convention. It requests the Government to provide information on any measures taken in this regard.

Article 3(2). Determination of hazardous work. The Committee notes the information contained in its report under Convention No. 182 that a regulatory instrument incorporating the list of hazardous types of work prohibited to children and young persons will be adopted shortly. The Committee expresses the firm hope that the list of types of hazardous work prohibited to children under the age of 18 years will be adopted in the near future. It requests the Government to provide information on progress made in this regard, and to provide a copy of the list, once adopted.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes that, according to section 65(1) of the CYP Act of 2013, children and young persons 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 notes 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 observes that national legislation sets a minimum age of 14 for light work in household activities. However, the national legislation does not regulate the light work activities. The Committee, therefore, requests the Government to take the necessary measures to regulate the light work activities performed by children of 14 years of age and above, in accordance with Article 7(3) of the Convention by prescribing the number of hours during which and the conditions under which such employment may be undertaken. It requests the Government to provide information on the measures taken in this regard.

Article 8. Artistic performances. In its previous comments, the Committee noted that section 261(2) of the Labour Code of 2007 authorized 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 were 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.

Noting the absence of information in the Government’s report on this point, the Committee once again reminds the Government that Article 8 of the Convention allows exceptions to the specified minimum age for admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases. The Committee therefore once again requests the Government to take the necessary measures to establish a system of individual permits to be granted for children under 15 years who participate in activities such as artistic performances, and to limit the hours during which, and prescribe the conditions in which, such employment or work is permitted.

Practical application of the Convention. The Committee notes 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; the National Commission on Human Rights and Citizenship; the Municipal Committees for the protection of the rights of children and young persons; non-governmental organizations; and secular and religious community associations. The Committee also notes the Government’s information 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 notes from the Government’s report under Convention No. 182 that according to the final report on the survey of child labour in Cabo Verde for 2014, the incidence of child labour for children aged between 5 and 17 years was 8 per cent. The Committee requests the Government to provide information on the number of reports or complaints on child labour received by the National Office for the Prevention and Elimination of Child Labour. It also requests the Government to provide information on the manner in which the Convention is applied in practice, including extracts from inspection services reports, information on the number and nature of contraventions reported, and penalties imposed.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes the Government’s indication that a National Action Plan for the Prevention and Elimination of Child Labour (PANPETI) has been approved by Resolution No. 43/2014 of 2 June 2014. According to the information provided by the Government in its report under the Worst Forms of Child Labour Convention, 1999 (No. 182), the measures undertaken within the PANPETI-2014 include: (i) the creation of various information, educational and communication materials to identify, prevent and combat child labour; (ii) the establishment of a National Committee for the Prevention and Elimination of Child Labour; (iii) a quantitative survey on child labour in 2014; (iv) the adoption of the Children and Young Person’s Act No. 50/VII/2013 (CYP Act of 2013); and (v) the creation of a list of types of hazardous work prohibited to children and young persons. The Committee requests the Government to continue providing information on the measures taken within the framework of the PANPETI to combat child labour and the results achieved.

Article 2(1). Scope of application. The Committee previously noted that the provisions of the Labour Code No. 5/2007 applied only to work done by a person with a contract of employment. Hence, the minimum age provisions did not cover children working outside an employment relationship. The Committee noted that according to the 2013 child labour survey report, 69.9 per cent of children were involved in agricultural work, animal husbandry, forestry and fishing, 12.6 per cent worked in domestic work and 6.8 per cent in commercial, retail and automobile works. It requested the Government to provide information on the measures taken to ensure that children who are not bound by an employment relationship enjoy the protection afforded by the Convention.

The Committee notes that section 61 of the CYP Act of 2013 establishes that the minimum age for admission to paid work shall be 15 years. The Committee notes from the Government’s report that, according to the survey by the National Institute of Statistics, 2012, 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. In this regard, the Committee requests the Government to take the necessary measures to ensure that children under the age of 15 years who are working on an unpaid basis as well as children working outside an employment relationship in the informal economy such as in agricultural work and domestic services are entitled to the protection afforded by the Convention. It requests the Government to provide information on any measures taken in this regard.

Article 3(2). Determination of hazardous work. The Committee notes the information contained in its report under Convention No. 182 that a regulatory instrument incorporating the list of hazardous types of work prohibited to children and young persons will be adopted shortly. The Committee expresses the firm hope that the list of types of hazardous work prohibited to children under the age of 18 years will be adopted in the near future. It requests the Government to provide information on progress made in this regard, and to provide a copy of the list, once adopted.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes that, according to section 65(1) of the CYP Act of 2013, children and young persons 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 notes 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 observes that national legislation sets a minimum age of 14 for light work in household activities. However, the national legislation does not regulate the light work activities. The Committee, therefore, requests the Government to take the necessary measures to regulate the light work activities performed by children of 14 years of age and above, in accordance with Article 7(3) of the Convention by prescribing the number of hours during which and the conditions under which such employment may be undertaken. It requests the Government to provide information on the measures taken in this regard.

Article 8. Artistic performances. In its previous comments, the Committee noted that section 261(2) of the Labour Code of 2007 authorized 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 were 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.

Noting the absence of information in the Government’s report on this point, the Committee once again reminds the Government that Article 8 of the Convention allows exceptions to the specified minimum age for admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases. The Committee therefore once again requests the Government to take the necessary measures to establish a system of individual permits to be granted for children under 15 years who participate in activities such as artistic performances, and to limit the hours during which, and prescribe the conditions in which, such employment or work is permitted.

Article 9(3). Keeping of registers. Following its previous comments, the Committee notes with interest that, according to section 63 of the CYP Act of 2013, work done by children under the age of 18 years is subject to authorization from the Director-General of Labour and shall be registered in the Register of Working Young Persons. This section further states that the natural or legal persons which employ young persons are required to ensure that the contract of employment is endorsed by the competent authority.

Practical application of the Convention. The Committee notes 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; the National Commission on Human Rights and Citizenship; the Municipal Committees for the protection of the rights of children and young persons; non-governmental organizations; and secular and religious community associations. The Committee also notes the Government’s information 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 notes from the Government’s report under Convention No. 182 that according to the final report on the survey of child labour in Cabo Verde for 2014, the incidence of child labour for children aged between 5 and 17 years was 8 per cent. The Committee requests the Government to provide information on the number of reports or complaints on child labour received by the National Office for the Prevention and Elimination of Child Labour. It also requests the Government to provide information on the manner in which the Convention is applied in practice, including extracts from inspection services reports, information on the number and nature of contraventions reported, and penalties imposed.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments.

Repetition

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that Cabo Verde is a participating country within the ILO International Programme on the Elimination of Child Labour (IPEC) regional project on preventing and eliminating child labour in West Africa. The aim of this project is to build local institutional capacity and to support the creation and consolidation of institutional structures that are responsible and efficient and which promote actions to prevent and eliminate child labour in the country. According to the ILO–IPEC project report of 2013, a National Steering Committee (NSC) for the prevention and elimination of child labour was established by the Government, which has elaborated a National Plan of Action to combat child labour.

The Committee notes from the Government’s report that the Cape Verdean Institute for Children and Adolescents which aims to promote and implement the governmental policies for children and adolescents has promoted and carried out a number of activities including awareness-raising, information and communication campaigns to combat child labour; and holding a tripartite regional meeting of the African countries including Angola, Guinea-Bissau, Mozambique and Sao Tome and Principe and high-level representatives from Brazilian and Portuguese institutions on the elimination of child labour – on the way to the global conference of November 2013. The Government’s report further indicates that the Nôs Kaza Centres which seek to protect children and adolescents who live on the street has undertaken several initiatives to prevent risks such as social exclusion, unsafe work and exploitation of children living on the street. Furthermore, the Nôs Kaza Centres ensure that children and adolescents are enrolled in and attend school in addition to carrying out socio-educational activities with families and strengthening the network of action of governmental and non-governmental organizations for the protection of children and adolescents. The Committee finally notes the Government’s information that the Government, through the Ministry of Youth, Employment and Human Resources Development, the Cape Verdean Institute for Children and Adolescents and the ILO–IPEC conducted a quantitative study on child labour in June 2013, the results of which indicate that the rate of incidence of child labour in Cabo Verde is 7.1 per cent. According to the preliminary findings of this survey, of the total number of children between the ages of 5 and 17 years (which is 135,684 children), 9,666 children are involved in economic activities (6,255 boys and 3,411 girls), 8,683 children are engaged in child labour, of which 7,649 children are engaged in dangerous work. The survey report also indicates that 66.5 per cent of children engaged in child labour are enrolled in school. The Committee requests the Government to continue taking measures to prevent and eliminate child labour within the country, including measures implemented in collaboration with the ILO–IPEC. It also requests the Government to provide information on the implementation of the National Action Plan to combat child labour and the results achieved.

Article 2(1). Scope of application. The Committee notes that, according to section 2 of Labour Code No. 5/2007, the provisions of the Labour Code are applicable to all work undertaken by a person by a contract of employment and including in private, cooperative and mixed enterprises and, in some instances, public bodies. Hence it appears that the minimum age provisions do not apply to children working outside an employment relationship. The Committee notes that, according to the 2013 child labour survey report, the majority of children (69.9 per cent) are engaged in agricultural work, animal husbandry, forestry and fishing, followed by domestic work (12.6 per cent) and commercial, retail and automobile works (6.8 per cent).

In this regard, the Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not carried out on the basis of an employment relationship, or remunerated or not. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by an employment relationship, such as those who are self-employed, involved in unpaid work or work in the informal economy, enjoy the protection afforded by the Convention.

Article 3(2). Determination of hazardous work. The Committee notes that section 267 of Labour Code No. 5/2007 prohibits night work of children under 18 years of age, while overtime work shall only be authorized for minors aged between 16 and 18 years in the case of force majeure and cannot exceed two hours per day, and 30 hours per year (section 268). The Committee also notes that, according to section 7 of Labour Code No. 5/2007, the government official responsible for labour may prohibit, by ministerial order, minors from working or raise the age limits established in the Labour Code for certain types of work, occupations or sectors of activity. However, the Committee notes that no such orders prescribing the types of work prohibited to minors have been adopted so far.

The Government’s report indicates that one of the priority activities to combat child labour effectively includes the drawing up and approving of a list of types of hazardous work prohibited to children under 18 years of age. The Committee also notes from the ILO–IPEC project report of 2013 that the National Steering Committee has drafted a list of types of hazardous work prohibited to children under the age of 18 years. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited to children under the age of 18 years is determined, after consultations with the organizations of workers and employers concerned, and adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes that section 262 of Labour Code No. 5/2007 provides for an exception to the minimum age provisions in respect of children under 15 years of age engaged in light household chores, agricultural works or otherwise which contribute to their personal development, organizational skills and increase their self-discipline. It also notes from the Government’s report that the Civil Code also values work carried out by children for their personal development and to support their family, provided that they are compatible with the child’s physical and mental development. The Committee observes, however, that there appears to be no minimum age for performing light work activities.

The Committee recalls that, under the terms of Article 7(1) of the Convention, light work activities may be permitted only to persons between 13 and 15 years of age provided that such work is not likely to be harmful to their health or development and does not prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. It further recalls that, according to Article 7(3) of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which such employment or work may be undertaken. The Committee therefore requests the Government to provide information on the measures taken or envisaged to bring the national laws and regulations into line with the Convention by permitting employment in light work only by young people who have reached the age of 13 years pursuant to Article 7(1) of the Convention. It also requests the Government to provide information on the measures adopted or envisaged to determine light work activities and to prescribe the number of hours during which and the conditions under which such employment may be undertaken.

Article 8. Artistic performance. The Committee notes that, according to section 261(2) of Labour Code No. 5/2007, the employment of children under the age of 15 years for artistic performances such as theatre, dance, music and other spiritual activities does not constitute a violation of the provisions of section 261(1) on the minimum age for employment, 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 or moral development or affect their schooling or education. The Committee notes, however, that there appear to be no provisions establishing a system of individual permits to be granted for children under the minimum age to participate in artistic performances as well as provisions regulating the working hours and conditions of such work. The Committee recalls that Article 8 of the Convention allows exceptions to the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases. The Committee therefore requests the Government to take the necessary measures for establishing a system of individual permits to be granted for children under 15 years who work in activities such as artistic performances, and to limit the hours during which, and prescribe the conditions in which, such employment or work is allowed.

Article 9(1). Penalties. According to section 408 of Labour Code No. 5/2007, any person who exploits child labour by making children perform tasks prohibited by the Labour Code by taking advantage of their inexperience, need or dependency shall be punished with a fine equivalent to an amount not exceeding the yearly salary of an adult working in similar circumstances. The Committee requests the Government to provide information on the application of the penalties in practice in cases of violations of the provisions of the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that Labour Code No. 5/2007 does not contain any provision requiring the employer to keep registers or documents of people under the age of 18 years working for them. The Committee reminds the Government that Article 9(3) of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents concerning employees under the age of 18 years, which shall be kept and made available by the employer. The Committee requests the Government to provide information on the measures taken or envisaged to bring the national legislation in to conformity with Article 9(3) of the Convention.

Labour inspectorate and practical application of the Convention. According to section 394 of Labour Code No. 5/2007, the general labour inspectorate is the department responsible to monitor and enforce labour law and to ensure compliance with the laws concerning labour relations, working conditions and employment protection. By virtue of section 264(3) of the Labour Code, any person who is aware that a minor is required to work in dangerous conditions or in unsanitary or in other conditions that impair the minor’s physical or mental health shall report this to the general labour inspectorate.

The Committee notes from the Government’s report that, as a central body in the labour administration, the general labour inspectorate has played a decisive role in the protection of minors in the workplace and in combating child labour. The Government’s report further states that the general labour inspectorate has not received any complaints regarding child labour. However, the national unit for combating child labour, established by the Cape Verdean Institute for Children and Adolescents, has received a number of complaints regarding child labour. The Committee requests the Government to provide information on the number of complaints regarding child labour received by the national unit for combating child labour. The Committee also requests the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes the Government’s first report.

Article 1 of the Convention. National policy designed to ensure the effective abolition of child labour. The Committee notes that Cabo Verde is a participating country within the ILO International Programme on the Elimination of Child Labour (IPEC) regional project on preventing and eliminating child labour in West Africa. The aim of this project is to build local institutional capacity and to support the creation and consolidation of institutional structures that are responsible and efficient and which promote actions to prevent and eliminate child labour in the country. According to the ILO–IPEC project report of 2013, a National Steering Committee (NSC) for the prevention and elimination of child labour was established by the Government, which has elaborated a National Plan of Action to combat child labour.

The Committee notes from the Government’s report that the Cape Verdean Institute for Children and Adolescents which aims to promote and implement the governmental policies for children and adolescents has promoted and carried out a number of activities including awareness-raising, information and communication campaigns to combat child labour; and holding a tripartite regional meeting of the African countries including Angola, Guinea-Bissau, Mozambique and Sao Tome and Principe and high-level representatives from Brazilian and Portuguese institutions on the elimination of child labour – on the way to the global conference of November 2013. The Government’s report further indicates that the Nôs Kaza Centres which seek to protect children and adolescents who live on the street has undertaken several initiatives to prevent risks such as social exclusion, unsafe work and exploitation of children living on the street. Furthermore, the Nôs Kaza Centres ensure that children and adolescents are enrolled in and attend school in addition to carrying out socio-educational activities with families and strengthening the network of action of governmental and non-governmental organizations for the protection of children and adolescents. The Committee finally notes the Government’s information that the Government, through the Ministry of Youth, Employment and Human Resources Development, the Cape Verdean Institute for Children and Adolescents and the ILO–IPEC conducted a quantitative study on child labour in June 2013, the results of which indicates that the rate of incidence of child labour in Cabo Verde is 7.1 per cent. According to the preliminary findings of this survey, of the total number of children between the ages of 5 and 17 years (which is 135,684 children), 9,666 children are involved in economic activities (6,255 boys and 3,411 girls), 8,683 children are engaged in child labour, of which 7,649 children are engaged in dangerous work. The survey report also indicates that 66.5 per cent of children engaged in child labour are enrolled in school. The Committee requests the Government to continue taking measures to prevent and eliminate child labour within the country, including measures implemented in collaboration with the ILO–IPEC. It also requests the Government to provide information on the implementation of the National Action Plan to combat child labour and the results achieved.

Article 2(1). 1. Scope of application. The Committee notes that according to section 2 of the Labour Code No. 5/2007, the provisions of the Labour Code are applicable to all work undertaken by a person by a contract of employment and including in private, cooperative and mixed enterprises and, in some instances, public bodies. Hence it appears that the minimum age provisions do not apply to children working outside an employment relationship. The Committee notes that, according to the 2013 child labour survey report, the majority of children (69.9 per cent) are engaged in agricultural work, animal husbandry, forestry and fishing, followed by domestic work (12.6 per cent) and commercial, retail and automobile works (6.8 per cent).

In this regard, the Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not carried out on the basis of an employment relationship, or remunerated or not. The Committee accordingly requests the Government to provide information on the measures taken or envisaged to ensure that children who are not bound by an employment relationship, such as those who are self-employed, involved in unpaid work or work in the informal economy, enjoy the protection afforded by the Convention.

2. Minimum age for admission to employment or work. The Committee notes that, at the time of ratification, the Government specified a minimum age of 15 years for admission to employment or work in Cabo Verde. It notes that section 261(1) of the Labour Code approved by Decree Law No. 5/2007 of 16 October (Labour Code No. 5/2007) prohibits the employment of a minor who has not completed compulsory education and in any case, the employment of children under the age of 15 years.

Article 2(3). Age of completion of compulsory education. The Committee notes that according to section 13 of the Basic Law of the Education System Legislative Decree No. 2/2010 (Education Law of 2010), the State guarantees universal and compulsory education up to the tenth grade. The Committee also notes that as per section 20 of the Education Law of 2010, admission to primary school shall be compulsory for children who have completed 6 years of age. In this regard, the Committee observes that the compulsory education appears to be completed at the age of 15 years which is also the minimum age for admission to employment.

Article 3(1). Minimum age for admission to hazardous work. The Committee notes that according to section 264(1) of the Labour Code No. 5/2007 minors shall not perform activities that are not conducive to their physical and intellectual development. It further notes that according to section 133 of the Civil Code of 1997, a “minor” is defined as a person below the age of 18 years.

Article 3(2). Determination of hazardous work. The Committee notes that section 267 of the Labour Code No. 5/2007 prohibits night work of children under 18 years of age, while overtime work shall only be authorized for minors aged between 16 and 18 years in the case of force majeure and cannot exceed two hours per day, and 30 hours per year (section 268). The Committee also notes that according to section 7 of the Labour Code No. 5/2007 the government official responsible for labour may prohibit, by ministerial order, minors from working or raise the age limits established in the Labour Code for certain types of work, occupations or sectors of activity. However, the Committee notes that no such orders prescribing the types of work prohibited to minors have been adopted so far.

The Government’s report indicates that one of the priority activities to combat child labour effectively includes the drawing up and approving of a list of types of hazardous work prohibited to children under 18 years of age. The Committee also notes from the ILO–IPEC project report of 2013 that the National Steering Committee has drafted a list of types of hazardous work prohibited to children under the age of 18 years. The Committee expresses the firm hope that the Government will take the necessary measures to ensure that the list of types of hazardous work prohibited to children under the age of 18 years is determined, after consultations with the organizations of workers and employers concerned, and adopted in the near future. It requests the Government to provide information on any progress made in this regard.

Article 6. Vocational training and apprenticeship. The Committee notes that sections 248 and 249 of the Labour Code No. 5/2007 deal with contracts of apprenticeship which shall be concluded by persons of not less than 14 years of age.

Article 7(1) and (3). Age for admission to light work and determination of light work. The Committee notes that section 262 of the Labour Code No. 5/2007 provides for an exception to the minimum age provisions in respect of children under 15 years of age engaged in light household chores, agricultural works or otherwise which contribute to their personal development, organizational skills and increase their self-discipline. It also notes from the Government’s report that the Civil Code also values work carried out by children for their personal development and to support their family, provided that they are compatible with the child’s physical and mental development. The Committee observes, however, that there appears to be no minimum age for performing light work activities.

The Committee recalls that, under the terms of Article 7(1) of the Convention, light work activities may be permitted only to persons between 13 and 15 years of age provided that such work is not likely to be harmful to their health or development and does not prejudice their attendance at school, their participation in vocational orientation or training programmes approved by the competent authority, or their capacity to benefit from the instruction received. It further recalls that, according to Article 7(3) of the Convention, the competent authority shall determine what light work is and shall prescribe the number of hours during which such employment or work may be undertaken. The Committee therefore requests the Government to provide information on the measures taken or envisaged to bring the national laws and regulations into line with the Convention by permitting employment in light work only by young people who have reached the age of 13 years pursuant to Article 7(1) of the Convention. It also requests the Government to provide information on the measures adopted or envisaged to determine light work activities and to prescribe the number of hours during which and the conditions under which such employment may be undertaken.

Article 8. Artistic performance. The Committee notes that according to section 261(2) of the Labour Code No. 5/2007, the employment of children under the age of 15 years for artistic performances such as theatre, dance, music and other spiritual activities does not constitute a violation of the provisions of section 261(1) on the minimum age for employment, 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 or moral development or affect their schooling or education. The Committee notes, however, that there appear to be no provisions establishing a system of individual permits to be granted for children under the minimum age to participate in artistic performances as well as provisions regulating the working hours and conditions of such work. The Committee recalls that Article 8 of the Convention allows exceptions to the specified minimum age of admission to employment or work for such purposes as participation in artistic performances only by permits granted by the competent authority in individual cases. The Committee therefore requests the Government to take the necessary measures for establishing a system of individual permits to be granted for children under 15 years who work in activities such as artistic performances, and to limit the hours during which, and prescribe the conditions in which, such employment or work is allowed.

Article 9(1). Penalties. According to section 408 of the Labour Code No. 5/2007 any person who exploits child labour by making children perform tasks prohibited by the Labour Code by taking advantage of their inexperience, need or dependency shall be punished with a fine equivalent to an amount not exceeding the yearly salary of an adult working in similar circumstances. The Committee requests the Government to provide information on the application of the penalties in practice in cases of violations of the provisions of the employment of children and young persons, including the number and kinds of penalties imposed.

Article 9(3). Keeping of registers. The Committee notes that the Labour Code No. 5/2007 does not contain any provision requiring the employer to keep registers or documents of people under the age of 18 years working for them. The Committee reminds the Government that Article 9(3) of the Convention requires national laws or regulations or the competent authority to prescribe the registers or other documents concerning employees under the age of 18 years, which shall be kept and made available by the employer. The Committee requests the Government to provide information on the measures taken or envisaged to bring the national legislation in to conformity with Article 9(3) of the Convention.

Parts III and V of the report form. Labour inspectorate and practical application of the Convention. According to section 394 of the Labour Code No. 5/2007, the general labour inspectorate is the department responsible to monitor and enforce labour law and to ensure compliance with the laws concerning labour relations, working conditions and employment protection. By virtue of section 264(3) of the Labour Code, any person who is aware that a minor is required to work in dangerous conditions or in unsanitary or in other conditions that impair the minor’s physical or mental health shall report this to the general labour inspectorate.

The Committee notes from the Government’s report that as a central body in the labour administration, the general labour inspectorate has played a decisive role in the protection of minors in the workplace and in combating child labour. The Government report further states that the general labour inspectorate has not received any complaints regarding child labour. However, the national unit for combating child labour, established by the Cape Verdean Institute for Children and Adolescents, has received a number of complaints regarding child labour. The Committee requests the Government to provide information on the number of complaints regarding child labour received by the national unit for combating child labour. The Committee also requests the Government to provide information on the manner in which the Convention is applied in practice, including statistical data on the employment of children and young persons, extracts from the reports of inspection services and information on the number and nature of violations detected involving children and young persons