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Summary: A compilation of extracts featuring child-rights issues from the reports submitted to the first Universal Periodic Review. There are extracts from the 'National Report', the 'Compilation of UN Information' and the 'Summary of Stakeholder's Information'. Also included is the final report and the list of accepted and rejected recommendations. Scroll to: National Report 4. In 2001, the Committee on the Rights of the Child (CRC) was concerned that the Convention was not applied directly by the courts and administrative structures13 and recommended amending outdated legislation and adopting new legislation in accordance with the provisions of the Convention.14 6. In 2003, CERD welcomed the creation of the National Human Rights Committee16 in 2001 and commended its elaboration of the “Cape Verdean Plan of Action for Human Rights and Citizenship”.17 Likewise, it commended the establishment of the office of the Ombudsman (Provedor da Justiça).18 CRC recommended that the State consider the development of a focal point on children’s rights within the National Committee for Human Rights.19 9. In 2003, CERD recommended that the State take all appropriate measures to guarantee the equal enjoyment by women, free from racial discrimination, of the rights under the Convention.28 CRC was concerned that discrimination against women, which might have an impact on their children, remained commonplace in practice.29 11. CRC recommended that the State make urgent efforts to improve respect for the rights of children with disabilities, including the rights to non-discrimination, family life and an adequate standard of living.33 12. While welcoming the measures taken to address violence against women, including the criminalization of domestic violence under the Criminal Code that entered into force in 2004, CEDAW expressed concern that violence against women, including domestic violence, continued to prevail in the country.34 CEDAW recommended that the State closely monitor the impact of its policies and programmes with regard to the prevention of, and redress for victims of, all forms of violence against women, including sexual harassment.35 CRC recommended, inter alia, that the State make every effort to monitor and record incidents of abuse, including sexual abuse, incest and domestic violence.36 13. In 2003, concerned that corporal punishment was widely practised in the home and in schools, and by the police forces against vulnerable groups such as street children,37 CRC recommended that the State take steps to end the practice of corporal punishment.38 CRC was also concerned at the presence of children living and/or working on the street, and that these children were vulnerable to mistreatment and exploitation.39 CRC recommended, inter alia, that the State implement measures to protect and assist children who are living and/or working on the street.40 14. CRC was also concerned, as noted by an ILO Committee of Experts,41 at practices of sexual violence and exploitation of children, including child prostitution, primarily affecting girls but also including boys.42 CRC recommended strengthening efforts to address sexual violence and exploitation of children, including prostitution, inter alia through the judicial system, the media and through information campaigns, and developing a National Plan of Action to address sexual exploitation.43 16. The United Nations “One Programme au Cap Vert” report noted that despite specific policy measures put in place, efforts must be made to fight against the sexual abuse of minors, child abandonment and ill-treatment, the phenomenon of street children and child labour.48 CRC was concerned at practices of child labour49 and recommended ensuring implementation of international labour standards with regard to children, raising the minimum age for work, and considering ratification of the 1973 ILO Convention No. 138 concerning Minimum Age for Admission to Employment.50 An ILO Committee of Experts noted that a national commission for legal and institutional reform for children and young persons has recently been established, with a view to taking immediate measures to secure the prohibition and elimination of the worst forms of child labour.51 17. In 2001, CRC was concerned that, in practice, juvenile justice standards were not applied, inter alia, because of the absence of appropriate institutions for their implementation. CRC was also concerned, inter alia, by the lack of alternative measures to detention for children over 16, the incarceration of children with adults, and the fact that detained children did not receive any formal education.52 21. The United Nations report also noted that poverty is more prevalent in rural areas (62 per cent) and affects in particular women with great inequality between islands.61 CEDAW noted with concern that women were the main victims of poverty, in particular women heads of households, unemployed women and women with low levels of education, especially in rural areas.62 CRC remained concerned at the large proportion of children and their families living in poverty.63 22. While welcoming the significant progress made in improving women’s access to reproductive health care and services, CEDAW expressed concern that the maternal mortality rate remained high, including deaths resulting from unsafe abortions.64 In particular, it recommended implementing further measures to support pregnant girls and to raise awareness in secondary schools about teenage pregnancy prevention.65 In 2001, CRC was concerned by the limited access to health services of children living in rural communities and more remote islands, the threat of HIV/AIDS,66 at the high rates of teenage pregnancy, the incidence of sexually transmitted diseases, and the incidence of unsafe abortions occurring outside the health service structure.67 A 2005 UNICEF report noted that efforts to combat HIV/AIDS have not yet produced meaningful results, and there was a worrying upward trend in the epidemic.68 CRC recommended strengthening efforts to improve access to health care and to prevent HIV/AIDS.69 24. The United Nations report and a 2005 UNICEF report noted that Cape Verde attained universal primary education (96.9 per cent) in 2005. Nevertheless, the issue of quality persists, notably in rural areas, where under-qualified teachers are located.72 CRC recommended that the State make urgent efforts to improve the quality of education throughout the education system; strengthen the training of teachers and the provision of resources; and ensure full access for all children to compulsory education.73 27. A 2005 UNICEF report noted that the analysis conducted by the United Nations system in the context of the common country assessment for the purpose of drawing up the UNDAF 2006-2010 identified considerable progress on the part of Cape Verde in securing civil, political, economic and social rights, and good prospects of achieving the Millennium Development Goals by 2015.76 31. A 2005 UNICEF report noted that the principal challenge facing Cape Verde will be coping with the immediate, direct and indirect consequences of its graduation from the list of least developed countries.82 Reducing poverty and inequality is a major challenge for the authorities, because although the economy is buoyant in some ways it is extremely vulnerable in others, such as the near inability to develop a sustainable formal economy and the lack of success in developing the varied potential of the islands. The prevailing social and geographical inequalities limit the extent to which human rights, and especially social and economic rights, are respected.83 34. CRC recommended that the State seek assistance from, among others, UNICEF in regard to quality of education,88 children living and/or working on the street,89 abuse, including sexual abuse and incest, and the mistreatment of children in the family,90 sexual violence and exploitation of children;91 UNICEF and WHO in regard to children with disabilities,92 and, among others, UNFPA and WHO in regard to health care.93 CRC also recommended that the State request technical assistance in the area of juvenile justice and police training from, among others, OHCHR and UNICEF.94 1. The Global Initiative to end all corporal punishment of Children (GIEACPC) noted that the Constitution protects children from “abusive exercise of the authority in the family” (art. 87), but there is no prohibition of all corporal punishment. It added that corporal punishment is prohibited in the penal system and that ministerial guidelines forbid the use of corporal punishment in schools, but there is no explicit prohibition in law. It also mentioned that corporal punishment is reportedly unlawful in alternative care settings, but it has no details of applicable legislation. 2 Presentation by the State under review 7. The State’s Constitution consecrates the concept of dignity of all individuals as an absolute value and envisages rights, liberties and guarantees for all citizens of Cape Verde, including the right to life and integrity, to take part in politics and citizenship, recognition of the rights of foreigners residing or visiting the country, rights to employment and non- discrimination, and economic, social and cultural rights. Cape Verde has also acceded to core human rights instruments, including the International Covenant on Civil and Political Rights, the International Covenant on Economic, Social and Cultural Rights, the International Convention on the Elimination of All Forms of Racial Discrimination, the Convention on the Elimination of All Forms of Discrimination against Women, the Convention against Torture and Other Cruel, Inhuman and Degrading Treatment or Punishment, the Convention on the Rights of the Child and the Optional Protocols thereto on the Involvement of Children in Armed Conflicts and the Sale of Children, Child Prostitution and Child Pornography, and the United Nations Convention against Transnational Organized Crime and the Protocol thereto to Prevent, Suppress and Punish Trafficking in Persons. 14.Successive Governments have been working to fulfil major social interventions, to improve the standards and effectiveness of the rights of specific social groups. This approach has allowed the creation of institutions geared to work with vulnerable groups, such as women and children, and of other institutions, in sectors such as agriculture, labour and education where human rights issues are also important. 15.The Child and Adolescent Institute, which has offices in the main urban centres also serving more remote areas, currently plays a significant role in the harmonized and integral development of the child. Another key body is the Cape-Verdean Institute for Gender Equality and Equity, working specifically on gender issues and empowerment of women, which has been seeking to work with civil society in a joint effort to reach groups that are difficult to contact through governmental programmes. 24. According to data from the Questionnaire des indicateurs de base du bien-être (2007), the literacy rate of people over 15 years of age is 79.6 per cent, with a slightly higher rate for males (87 per cent) than females (73.1 per cent). With regard to the younger population, Cape Verde has reached important progress in guaranteeing the inclusion of all children of school age in the educational system. The Minister emphasized that a project to introduce the subject of human rights in school curricula is in the process of being implemented. 29. The implementation of children’s rights in Cape Verde has been strengthened by several measured that have the objective of fulfilling international commitments and those of the Millennium Development Goals, as well as the plan of action entitled “A World Fit for Children”. One concrete initiative in the area of protection is the infant emergency centres in Praia and Mindelo, which assists children from all over the country, in situations of abandonment, danger, risk, neglect and abuse. Unfortunately, its assistance capacity is still at a minimum and needs to be increased. The focus is on the child’s best interests and to avoid separating children from their families. Another important step is the creation of child call centres (Disque Denúncia), which have the objective of creating awareness of society, as all citizens are responsible for the protection of children’s rights. The aim is to ensure that any citizen with information on the violation of a child’s rights may contact the centre anonymously and secretly, which will trigger action by the responsible State organizations. Interactive dialogue and responses by the State under review 33. Chile congratulated Cape Verde on the legislative reforms pursued to comply with the obligations stemming from the Convention on the Elimination of All Forms of Discrimination against Women. It noted the entry into force of the new Criminal Code, also commended by the Committee on the Elimination of Racial Discrimination, the Code of Criminal Procedure, the regulatory decree of 2004 on legal aid, the regulatory decree of 2005 on the creation of arbitration centres and the decree on the establishment of mediation and legal centres to ensure access to justice and law. Chile also noted that the Committee on the Elimination of Discrimination against Women commended Cape Verde for taking into account international human rights instruments in the development of its 2005-2009 national plan for gender equality and equity and the national programme on poverty reduction, and indicated that the International Labour Organization Committee of Experts observed that the plan included affirmative action. Chile noted that, in 2003, the Committee on the Elimination of Racial Discrimination commended the development by the national human rights committee and the plan of action on human rights and citizenship. Chile also noted that the Committee on the Rights of the Child expressed concern that the administrative structures and the courts did not apply the Convention on the Rights of the Child and recommended that they amend outdated laws and adopt new laws in line with the Convention. Chile asked if Cape Verde has adopted corrective measures in line with these recommendations, and recommended that it incorporate explicit prohibition of physical punishment into national legislation and monitor its implementation strictly, particularly in the case of police dealing with minors. Chile endorsed and reiterated the recommendation of the Committee on the Rights of the Child on increasing efforts to address sexual violence against and exploitation of children, such as prostitution, through the judicial system. Since Cape Verde is a transit country for the trafficking of women and girls, Chile recommended maximizing legislative, administrative and police measures to combat this crime, which particularly affects foreign women; introduce reforms to the judicial system to expedite the administration of justice, 35. France regretted that Cape Verde was unable to submit a national report and hoped that it could do so in the future. It congratulated Cape Verde on having set up in 2004 a national commission for human rights and citizenship and welcomed its cooperation with international human rights protection mechanisms. The criminalization of domestic violence is an encouraging step in combating violence against women. France noted that the Committee on the Elimination of Discrimination against Women has nevertheless indicated that this phenomenon, in particular domestic violence, is widespread. France asked about the measures envisaged by the authorities to ensure that complaints of violence against women, particularly domestic violence, lead rapidly to prosecution, and recommended that Cape Verde promote the establishment of places to care for and provide assistance to female victims of domestic violence. Regarding the rights of the child, the phenomenon of street children is particularly distressing, given that children are left to themselves and are vulnerable to physical and sexual abuse. France asked for clarification of the measures taken to protect street children and especially to combat child prostitution. France noted that the Committee on the Rights of the Child indicated that the administration of juvenile justice has a number of shortcomings, in particular the lack of alternative sentences to detention for minors less than 16 years of age. France recommended initiating a reflection on how to deal with minor delinquency in order to provide for sentences suited to their age, to educate them and lead to their social reintegration. France expressed concern about delays in the administration of justice and the duration of preventive detention. France indicated that prison conditions, overcrowding in prisons and insufficient access to care are the main difficulties encountered; it therefore recommended that the necessary measures to improve prison conditions be taken. 38. Germany welcomed the State’s ongoing commitment to ensuring civil and political rights, as guaranteed under the Covenant, and its willingness to secure social, economic and cultural rights, especially regarding the improvement of educational opportunities for all. It remained concerned about the situation of homeless children, prostitution, sexual abuse and mistreatment of children and child labour, as expressed also by the Committee on the Rights of the Child in 2001. Germany enquired about the Government’s responses to these issues and follow-up measures to recommendations of the Committee on the Elimination of Discrimination against Women on violence against women, which is still prevalent, and persisting deep-rooted patriarchal stereotypes about the roles and responsibilities of women in family and society. It recommended that the Government adopt measures to put an end to the widespread practice of corporal punishment of minors at home, in school and by the police force, as recommended by the Committee on the Rights of the Child in 2003, and take measures to fight trafficking of foreign women and girls through its territory. 39. Italy commended the State’s commitment to the universal periodic review process. While Cape Verde had acceded to the main international human rights instruments, Italy noted that the State is facing difficulties in presenting regular reports on the implementation of their provisions. Italy recommended that it increase efforts to fulfil its obligation stemming from ratified conventions. The Committee on the Rights of the Child has reported cases of sexual violence and exploitation, including child prostitution, and recommended that the Government take measures to combat sexual violence against children and child prostitution as a matter of priority. Italy welcomed the reported improvements in the attainment of universal primary education. However, it recommended developing a national strategy for human rights education in the school system at all levels, in accordance with the plan of action for 2005-2009 of the World Programme for Human Rights Education, including the review and revision of curricula and textbooks, the training of teachers and the practice of human rights in the school community. Detention conditions in both police stations and prisons are a matter of concern, owing to, inter alia, overcrowding and the lack of adequate health and medical support services. In this respect, Italy recommended that Cape Verde improve prison and detention facilities, also by means of human rights training for law enforcement and prison officials. 40. The Netherlands commended the Government’s improvements with regard to respect for civil and political rights, cooperation with human rights instruments and the establishment of the national commission for human rights and citizenship. It enquired about whether reinstatement of street patrols by military police was a temporary response to a spike in violence, or a structural response to increased street crime; the assessment and strategy to deal with increasing threats from organized crime, despite the blockage in Parliament of justice reforms; and steps taken by the Government to implement anti-corruption and money-laundering strategies developed with the support of the United Nations Office on Drugs and Crime. The Netherlands noted that the human rights situation of children needs continuous attention and improvement, namely with respect to child prostitution; abuse and violence against girls and boys; children living and/or working on the street; child labour; abandonment; the rights of children with disabilities; access to compulsory education, especially in rural areas; and the quality of education. It recommended that the Government continue to improve the situation of children. > 41. Luxembourg congratulated Cape Verde on its democracy, transparent periodic elections and commitment to human rights. Luxembourg stated that it was a partner to Cape Verde in combating poverty and promoting economic, social and cultural rights, through jointly defined and implemented development programmes in areas such as water, education and health. Luxembourg noted that the Committee on the Elimination of Racial Discrimination and the Committee on the Elimination of Discrimination against Women expressed concern about the status of women in Cape Verde, particularly regarding stereotypes of foreign women, and that the Committee on the Rights of the Child was concerned that discrimination against women was widespread. The Committee was also concerned about the situation of street children and their sexual exploitation, violence against children, child prostitution and child labour, and asked about the measures Cape Verde intends to take. Luxembourg recommended that Cape Verde follow up on the recommendations of the committees. 44.Portugal welcomed the ratification of most core international human rights instruments. Although Cape Verde is not yet a party to the Rome Statute of the International Criminal Court, Portugal recommended that it complete the ratification process as soon as possible and ensure that the Statute and the Agreement on Privileges and Immunities of the Court are effectively implemented in national legislation. Amidst reports of de facto discrimination of women in matters relating to marriage and family, Portugal enquired about concrete steps to follow up the recommendations of the Committee on the Elimination of Discrimination against Women on awareness-raising measures to achieve gender equality in marriage and family relations, and recommended that priority be given to their implementation. Noting the importance of efforts to fight sexual abuse of minors, child abandonment and ill treatment, the phenomena of street children and child labour, Portugal enquired about the recently established national commission for legal and institutional reform for children and young persons, in order to prohibit and eliminate the worst forms of child labour. It recommended effective implementation of international labour standards regarding children. 49.Morocco was pleased to note various initiatives and reforms undertaken by the State, particularly with respect to women, and welcomed the establishment of a national institute on gender equality and the high-level representation of women in posts of responsibility. Morocco also welcomed measures to combat violence against women, in particular criminalizing domestic violence, and noted the considerable progress made in implementing the Millennium Development Goals, particularly in reducing child mortality, combating poverty and ensuring primary education for all citizens. Morocco encouraged Cape Verde in these efforts. It noted with satisfaction the adoption of a national plan of action for human rights and citizenship, and in particular the inclusion of civil society when it was drafted. 50. The United Kingdom noted the efforts made by Cape Verde to comply with its international obligations, particularly given its limited resources. It welcomed the answers to the questions posted in advance and indicated that the OHCHR reports demonstrate the positive steps taken to address human rights issues and to implement most of the human rights treaties. It noted that Common Country Assessment identified considerable progress in securing civil, political, economic and social rights, and good prospects for achieving the Millennium Development Goals by 2015. The State’s progress offers a model to small developing States, and the United Kingdom welcomed the legislative reforms, including a new Criminal Code and Code of Criminal Procedure. However, it also noted that the Committee on the Elimination of Discrimination against Women had expressed concern that discrimination against women persisted in certain areas, including sexual and domestic violence, low participation of women in elected bodies, imbalance of employment opportunities and remuneration, and polygamy. The Committee of the Rights of the Child also expressed concern about cases of sexual violence, exploitation of children, corporal punishment and child labour. The United Kingdom recommended that Cape Verde take further steps to address discrimination against women and vulnerable groups, including children. It welcomed the Minister’s comments about current initiatives, including the call centre, but regretted the lack of a written national report. While realizing that human rights reporting requirements can be significant, it encouraged the State to work closely with civil society to ease the burden on the State and to meet its reporting requirements. Given the number of outstanding reports, the United Kingdom recommended that Cape Verde draw up an agreed timetable with OHCHR to address the backlog of reports and future work, and continue to collaborate with non-governmental organizations. It also recommended that the State strengthen its institutions and ratify key treaties, including the Optional Protocol to the Convention against Torture. It noted that the reports highlight key priorities and challenges, including constraints on human resources, and welcomed the State’s commitment to addressing these challenges. 51. Senegal congratulated Cape Verde on the considerable progress made in human rights, notwithstanding the many constraints that have threatened to slow the pace of development. In civil, political, economic and social rights, Cape Verde has made tangible progress, which suggests that it is on course to meet the Millennium Development Goals by 2015. Senegal appealed to the international community to continue to support the State’s efforts in this regard, and invited the State to increase cooperation with human rights institutions, including by envisaging invitations to special procedures mandate-holders to visit the country. Senegal enquired about the work of the commission for legal and institutional reform for children and adolescents. 55. Angola noted with appreciation that Cape Verde is showing great engagement to improving human rights by ratifying international instruments and accepting several recommendations to improve human rights. It welcomed the strategies implemented to improve children’s rights, such as the national declaration on social policy regarding children’s rights. Angola enquired about the challenges to the implementation of existing policies in this area and how the international community could assist Cape Verde. While appreciating the Government’s efforts to implement policies to achieve gender parity, Angola recommended that it continue its positive efforts to fight discrimination against women, to change deep-rooted behaviours and attitudes. As Cape Verde is one of the countries most affected by drought and desertification, Angola enquired about the impact of these problems on the economy and the environment, and how the international community could support Cape Verde in this regard. 16. Brazil acknowledged the adoption of the legal and regulatory framework to foster the internalization of human rights instruments, the establishment of the national committee of human rights and the elaboration of the plan of action on human rights and citizenship. Brazil was confident that, with its commitment, open dialogue with civil society and the close cooperation of the international community, Cape Verde would continue to overcome its main challenges and achieve sustainable development and combat poverty. Brazil asked how Cape Verde interacts with the African Commission on Human Rights and what major challenges it faces in regional and international human rights systems. It also asked about the main steps taken in the promotion and fulfilment of the rights of the child and of women, and to combat all forms of discrimination. It further asked about the steps taken and the shortcomings indentified regarding economic, social and cultural rights. Finally, Brazil asked about the urgent needs identified by Cape Verde for the realization of its right to development, with special attention to capacity-building and technical assistance. Brazil recommended that Cape Verde reach the human rights goals set by the Council in its resolution 9/12; consider ratifying the Rome Statute of the International Criminal Court, the Convention for the Protection of All Persons against Enforced Disappearance, the Convention on the Rights of Persons with Disabilities and the Optional Protocols to the Convention against Torture and the Convention on the Elimination of All Forms of Discrimination against Women; consider extending a standing invitation to human rights special procedures; strengthen its policy to fully guarantee the rights of the child, with special attention to children without parental care; and consider strengthening programmes to fight and prevent HIV/AIDS, with special attention to women and children. >59. Nigeria recognized the State’s commitment to the promotion and protection of all human rights. It noted in particular the agenda on women’s empowerment, gender mainstreaming and children’s rights. While the State promotes all human rights and adopts core human rights treaties, Nigeria acknowledged the major challenges Cape Verde faces in the effective implementation of conventions, as well as its development agenda with respect to poverty alleviation, creation of employment and the general well-being of its people. Nigeria called on the international community to assist Cape Verde to attain these goals and the Millennium Development Goals. 62. The Government is committed, by law and in practice, to continuing its fight against sexual exploitation and ill treatment of children. In 2007, infant emergency centres assisted approximately 100 children and around 70 in the first semester of 2008. Regarding juvenile justice, the State emphasized the existence of alternative sentences and of an institution where children between 12 and 16 years of age in conflict with the law can find shelter. Cape Verde stated that legislation neither forbids nor punishes sexual relations between persons of the same sex, unless minors are involved. Cape Verdean society is traditionally very tolerant. It has ratified the Convention on the Elimination of All Forms of Discrimination against Women and will also ratify the Optional Protocol thereto, and also expects to ratify the Optional Protocol to the Convention against Torture. The following recommendations were accepted by Cape Verde: 63.1 To incorporate explicit prohibition of physical punishment into national legislation and monitor its implementation strictly, particularly in the case of police dealing with minors (Chile); 2. To increase efforts to address cases of sexual violence and exploitation against children, such as prostitution, through the judicial system, as recommended by the Committee on the Rights of the Child (Chile);3. To maximize legislative, administrative and police measures to combat trafficking of women and girls, which particularly affects foreign women (Chile); 9. To consider how to deal with minor delinquency in order to provide sentences suited to the age of offenders, to educate them and lead to their social reintegration (France); 13.To adopt all necessary measures to put an end to the widespread practice of corporal punishment of minors at home, in school and by the police force, as recommended by the Committee on the Rights of the Child in 2003 (Germany); 14. To take effective measures to fight the trafficking of foreign women and girls through its territory (Germany); 16. To take appropriate measures to combat sexual violence against children and child prostitution effectively, as a matter of priority (Italy); 19,To continue to seriously improve the situation of children (Netherlands); 21. To implement the recommendations of the Committee on the Rights of the Child on street children and their sexual exploitation, child prostitution, violence against children and child labour (Luxembourg); 34. To effectively implement international labour standards with regard to children (Portugal); 37. To take further steps to address discrimination against women and vulnerable groups, including children (United Kingdom); 38. To strengthen its policy to guarantee the rights of the child fully, with special attention to children without parental care (Brazil); 49. To consider strengthening programmes to fight and prevent HIV/AIDS, with special attention to women and children (Brazil); The following recommendations were rejected by Cape Verde: 63. 17. To develop a national strategy for human rights education in the school system at all levels, in accordance with the plan of action 2005-2009 of the World Programme for Human Rights Education, including the review and revision of curricula and textbooks, the training of teachers and the practice of human rights in the school community (Italy);
10th December, 9am to 12pm
Compilation of UN information
Summary of Stakeholder information
Final Report
Accepted and rejected recommendations
National Report - Not available
Accepted and Rejected Recommendations