Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

Forced Labour Convention, 1930 (No. 29) - Cabo Verde (Ratification: 1979)

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. Regarding the implementation of the first National Plan to Combat Human Trafficking and the results achieved, the Committee notes the information provided by the Government in its report that: (i) overall, 50 per cent of the activities (20 out of 40) were partially or fully implemented; (ii) a National Observatory on Human Trafficking was established by Resolution No. 13 of 2024, (iii) awareness-raising campaigns were conducted, targeting vulnerable groups and leading to increased reporting of cases; (iv) amendments to the Penal Code and the Code of Criminal Procedure concerning the status of victims were adopted; and (v) during 2022–23, three new cases were prosecuted, bringing the total number of pending cases to 10. Concerning the difficulties encountered, the Government refers to the absence of mechanisms describing the rights of victims or protection procedures; insufficient facilities, cooperation, and systems in place to meet the country's needs for monitoring and implementing policies to combat trafficking; the fact that most municipalities lack operational tools or focal points to facilitate the rapid identification of suspicious cases; the need to improve investigations without victims’ prior complaint; challenges in the long-term financing of specialized victim protection services and facilities; and the need to improve cooperation between the islands.

The Committee observes that, according to Resolution No. 13 of 2024, the National Observatory on Human Trafficking, established as an interdepartmental commission, is responsible for identifying and monitoring suspicious activities that may constitute the crime of trafficking in persons and for referring them to the competent authorities. The Observatory is also responsible for coordinating, supervising, implementing, and monitoring policies related to trafficking as well as for submitting an annual report on the implementation of the activities undertaken in this regard. Furthermore, the Committee welcomes the adoption of the second National Action Plan Against Trafficking in Persons (2023–2026), which comprises five components: (i) institutional and legal support frameworks; (ii) prevention; (iii) protection, shelter, support, and reintegration of the victims; (iv) criminal action and accountability and,(v) partnerships and resource mobilization, and which has been developed based on the findings of the evaluation process of the previous action plan.

The Committee also notes that, in its concluding observations of 2022, the United Nations Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) expressed concern about reports that migrant workers employed in the agricultural and fishing sectors, including from China, Guinea, Guinea-Bissau, Nigeria and Senegal, may be subjected to extremely poor working conditions and be vulnerable to forced labour (CMW/C/CPV/CO/1-3). The Committee encourages the Government to continue its efforts to prevent and combat trafficking in persons for both sexual and labour exploitation, paying particular attention to the agricultural and fishing sectors. The Committee requests the Government to provide information on: (i) the implementation of the five components of the National Plan, (ii) the monitoring undertaken by the National Observatory on Human Trafficking in this regard, and (iii) the results achieved, and the difficulties encountered. The Committee also requests the Government to provide information on the strengthening of the capacity and collaboration of law enforcement authorities to properly identify, investigate and prosecute cases of trafficking, particularly in the agricultural and fishing sectors, as well as statistical data in this regard, including on the convictions and the types of criminal penalties imposed.

Article 2(2)(c). Penalty of community work. The Committee recalls that under section 71 of the Penal Code the penalty of community work – an alternative to imprisonment – could be imposed without the consent of the convicted person, and that the work could be carried out for the benefit of private entities. The Committee duly notes that Act 117/IX of 2021 amended section 71 of the Penal Code, which now provides that imprisonment may be replaced by community work with the express consent of the convicted person.