Committee on Economic, Social and Cultural Rights Considers the Report of Cabo Verde
Introducing the report,
In the ensuing discussion, Committee Experts noted with satisfaction that civil society had participated in the drafting of the State party's report, and that the State party had ratified the Optional Protocol to the Covenant. They further inquired about the domestication and implementation of the Covenant, calculation of fair compensation, measures to combat discrimination against women, adoption of a general framework of anti-discrimination legislation, measures to address corruption, nomination and election of judges, independence of and funding for the
In his concluding remarks,
On her part, Ms.
The delegation of Cabo Verde consisted of representatives of the
The Committee will next meet in public on Friday, 5 October, at
Report
The initial report of Cabo Verde can be read here: E/C.12/CPV/1.
Presentation of the Report
The right to work was enshrined in the
Questions by the Committee Experts
How did the Government calculate fair compensation? Could the delegation elaborate on the claim that there were no ethnic groups and indigenous peoples in the country?
What specific public policies were in place to combat discrimination against women? What had been the main difficulties in preventing such discrimination? What were the most important achievements of the State party's public policies in that respect? Was there any public policy to promote equal family responsibilities among women and men?
Had measures been taken to address corruption? Was there legislation in place to combat corruption? Out of seven magistrates of the Supreme Court, two were women. In the judiciary in general, women accounted for 35 to 37 per cent of all judges. How were judges nominated and how was judicial independence guaranteed?
How would the State party guarantee the independence of the
Cabo Verde had a high proportion of young people (about 40 per cent), and the increase in the population depended on migratory influxes. Between 1990 and 2000, migration had increased by 2.4 per cent. Could the delegation provide updated and disaggregated data on the population? What were public policies on migration?
Replies by the Delegation
Fair compensation was calculated in line with the market value of expropriated property. As to why indigenous people's property rights were not specifically protected, the head of the delegation explained that it had to do with the country's history of colonialism. The
The Government was taking measures to fight various forms of discrimination. For example, the National Plan to Fight Poverty focused on free access to education for persons with disabilities. In addition, housing policies also took into account the needs of persons with disabilities. One way through which the interests of women were harmed was violence. The Government believed that it needed to adopt ordinary laws in various areas to fight discrimination, Ms.
As for public policies to encourage men to assume more domestic responsibilities, the authorities had conducted a public awareness campaign about responsible fathers. Fathers could take three days of leave after the birth of their child.
The Criminal Code stipulated severe penalties for corruption, and there were also public policies against corruption. The appointment of judges took place through an open public competition organized by the prosecution service. The judicial branch was completely separated from political functions. The Government's role was to provide the necessary infrastructure for judicial activities. With a budgetary deficit, the Government did the best it could.
In 2012 the Government had adopted the National Migration Strategy and it was currently evaluating it. The authorities were concerned about migrant workers who required special protection.
Follow-up Questions by the Committee Experts
An Expert observed that gender equality was sometimes only partial. He further inquired about the reasons behind the low life expectancy in Cabo Verde. What adaptation measures was the country taking to deal with climate change?
To what extent were the policy-makers of Cabo Verde familiar with the Covenant? Where did migrant workers come from? What was the role of Cabo Verdean migrants abroad in the economic development of their country of origin? How could they enjoy their economic, social and cultural rights back home?
Replies by the Delegation
As for life expectancy, the head of the delegation said she believed that 70 was not too bad because it represented an increase by 10 years. Basic conditions had been provided to people, namely education and healthcare. Investment in healthcare had to be repeated in all of Cabo Verde's nine islands, which was a great effort.
People migrated to Cabo Verde in search of jobs. Cabo Verde was part of the
Cyclical droughts were the main challenge for the country. In 2017, the rainfall was very low. Over the past years, the Government had had in place a water saving policy, which it was currently reviewing. Tourism was of fundamental importance for Cabo Verde.
On international cooperation, the head of the delegation reminded that Cabo Verde had only recently deemed to be a middle-income country, which opened up space for various funding programmes. The social security system had improved, which allowed the Government to extend it to those people who had not contributed to the budget, mostly women who cared for families.
The Government had prepared a statute to improve the independence of the
Most of the budget went into education and healthcare. There were positive discrimination measures for persons with disabilities, such as free education.
Second Round of Questions by the Committee Experts
An Expert congratulated the Government of Cabo Verde on the determination to implement the Covenant. What was the meaning of the constitutional provision of the right to work and the duty to work? Could it mean that forced labour in some circumstanced was permissible?
What was the current level of unemployment? What was the impact of the various programmes to combat unemployment, particularly among youth? There was a significant gender disparity in the unemployment of the age group 15-24.
Experts inquired about the liberalization of the labour market, namely about the parallel pressure on the authorities to make the economy more competitive and remain socially just. It seemed that Cabo Verde's Social Dialogue Committee suffered from insufficient financing.
Experts asked the delegation to explain the meaning of "informal economy" in Cabo Verde, which accounted for 12 per cent of the gross domestic product. Informal production units seemed to be captured in statistical data, and yet they were classified as informal economy. What sort of needs were met for self-employed persons and what kind of social security did they receive?
What was the impact of the measures to address the issue of employment of persons with disabilities? What were the obligations of employers to hire persons with disabilities? Was there a quota?
Turning to unequal access to the labour market, pregnant women, women with small children, and persons living with HIV/AIDS were reported to be discriminated against.
What was the percentage of employers who did not comply with the requirements of the minimum wage and what steps had been taken to enforce that requirement? How many adjustments of the minimum wage had taken place since 2014 when it had been introduced?
What was the procedure for obtaining compensation? What were the competences of the labour inspectorate? What was the level of trade unionization of the workforce? Were there any limitations in that respect? Had there been any reprisals against trade unions, for example in relation to whistleblowing? Had there been any cases of the violation of the right to strike?
Cabo Verde was one of the most advanced countries in
What was the overall number of persons in the retirement age in the country? What measures had been taken to expand the contributory system and were the benefits commensurate with the requirements of an adequate standard of living?
Replies by the Delegation
The rate of unemployment had decreased. Some 40,000 jobs were to be created in the course of the tenure of the current Government. Employability was vital for the country's development and the private sector had to promote employment. Internship programmes were aimed to create bridges with the labour market.
Job insecurity was always a pressing issue which arose because the legal framework previously permitted fixed-term contracts ad interim and employees had always been subject to contract renewals. Such contracts were frequent in the tourism sector. Cabo Verde was currently analysing whether the law was being exploited to create job insecurity.
There were family businesses which did not pay social contributions, but they could pay a separate tax for that purpose. Self-employed workers made social contributions. Informal production units had an activity but did not pay taxes to the State.
The Government had put in place programmes that encouraged the employment of persons with disabilities and young people, with tax incentives for employers.
The minimum wage amounted to some
Everyone was free to join a trade union. No one was aware of reprisals against trade unions by public authorities. The Government had a strategic agreement signed with trade unions and employers, which would run until 2021. Domestic workers, private security workers, and gardeners were covered by social security. The non-contributory system covered 20 per cent of the basic subsistence needs, and it would be increased in 2019.
The 1993 Labour Law aimed at boosting the economy, whereas its 2007 and 2015 revisions grappled with the need to attract investments and to provide for the social security of workers, the head of the delegation explained. The Government thought it had achieved a happy balance. It had to give those unemployed an opportunity to work. The authorities needed to implement more monitoring, which meant that labour inspection services had to conduct almost continuous visits.
Follow-up Questions by the Committee Experts
How many foreign workers were there in Cabo Verde and what was the percentage that enjoyed the same rights as Cabo Verde nationals? Did they have the same access to procedures to claim those rights?
Replies by the Delegation
Employees and workers naturally had opposing views about the effects of the liberalization of the labour market. It was all about striking a balance of interests. Workers needed to have security of employment in order to grow professionally. The Government would analyse whether it needed to reform the Labour Law again, Ms.
Third Round of the Questions by the Committee Experts
Children in Cabo Verde were mostly affected by poverty, abuse, violence, neglect and child labour due to the weak social protection measures for them. How did the State party deal with that problem?
There were about eight per cent of unregistered children between the age of 0 and 6. That rate was higher in rural areas. What were the results of the State campaign to improve birth registration?
About eight per cent of all children were involved in some kind of economic activity, some of which were deemed dangerous. What was the success of the initiatives to combat child labour? What other measures were contemplated to abolish the dangerous activities carried out by children?
Had there been an evaluation of the Government's national programme to fight poverty? In terms of the right to adequate housing, it seemed that social housing was not accessible to the most disadvantaged. Had those housing programmes been evaluated? Was policy being adapted to the outcome of those evaluations? As for the right to safe drinking water, Experts reminded that 8.5 per cent of households in the country were still getting water from unsafe sources.
Persistent stigma and discrimination had been detected against persons living with HIV/AIDS. What steps had been taken to ensure access to healthcare without discrimination? Women with disabilities had not been able to fully enjoy their healthcare rights due to the absence of physical accommodation. In addition, women victims of gender-based violence also experienced difficulties in accessing adequate medical service.
Experts further remarked on regional disparities in the provision of medical services, such as the lack of inter-island transportation and evacuation between islands. What steps had the State party taken to address those problems? In addition, there was a lack of adequate mental health facilities. How was the right to the highest attainable standards of health guaranteed for persons with mental health issues?
Replies by the Delegation
As for unregistered children, the lack of birth registration had been practically eradicated because newborn babies could not leave the hospitals without being registered, and 97 per cent of children were born in health facilities. On social housing, five per cent of new units were destined for persons with disabilities.
The authorities were trying to increase the production of safe drinking water through desalinization, and to improve relevant infrastructure and water distribution in rural areas. Being an archipelago, the State had to multiply its health expenditure. There was always a shortfall in the number of medical specialists and nurses. The Government had adopted a law which stipulated that both the private and public sectors would be monitored in terms of physical accessibility for persons with disabilities.
As for medical transfers, there were two central hospitals, which had the greatest capacity and more specialized doctors. When people living on other islands needed to go there, the cost of transfers would be covered by the State.
Follow-up Questions by the Committee Experts
Were there any plans to develop some kind of recognition of same-sex marriages? When it came to disaster risk reduction, what were the plans with respect to climate change?
How were babies born outside of hospitals registered? What was the procedure for migrant children?
Replies by the Delegation
Ms.
Fourth Round of Questions by the Committee Experts
Were there public and private universities, and how did the State ensure the quality of education in both? Were there adequate resources for learners with special needs? How did the Government address the fact that most women mainly had only primary school education?
How was violence at schools dealt with? How did Cabo Verde implement the right to culture and access to scientific education? What was being done to protect the Cabo Verdean Creole language, the Country Rapporteur asked.
Replies by the Delegation
There were resource rooms available to learners with disabilities. It was mostly middle-aged women who had only had primary education. The situation had changed since then and Cabo Verde had achieved good results in terms of women's education. There was policing to counter violence at schools when necessary. To promote access to scientific education, various grants were available.
The official language of Cabo Verde was Portuguese, while the
Follow-up Questions by the Committee Experts
An Expert inquired about the falling net enrolment rate in education in Cabo Verde, which currently stood at 86 per cent. Had there been an increase in the school dropout rate in recent years? What strategies had the State designed to try to reverse the trend of school dropout?
Another Expert remarked that school dropout particularly affected girls because of early pregnancies, or because they needed to help their families with income generation. What education opportunities were given to such girls?
Did Cabo Verde receive international aid to fund its public education and healthcare? What was the nature of disabilities in the country?
Replies by the Delegation
There were new approaches to the new school curriculum, including human rights, environmental, and sexual and reproductive rights education. As for the link between culture and economic development, Ms.
Before becoming a middle-income country, Cabo Verde had been receiving considerable international aid. As for the Creole language, the problem was deciding which variety should be used. Otherwise, Portuguese was widely used in education and media.
Concluding Remarks
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