REPORT OF THE PROMOTION MISSION TO THE REPUBLIC OF CABO
VERDE
BY
HON. COMMISSIONER MARIA TERESA MANUELA
and
HON. HATEM ESSAIEM
16 to 20 September 2024
Considered during the 84th Ordinary Session
of the African Commission on Human and Peoples’ Rights
held in Banjul, The Gambia
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TABLE OF CONTENTS
ACKNOWLEDGMENTS
EXECUTIVE SUMMARY
1.0
INTRODUCTION
1.1
1.2
1.3
1.4
1.5
Composition of the Delegation
Terms of Reference
Previous Engagements between the Commission and Cabo Verde
Country Profile
Methodology
2.0
FINDINGS
2.1
2.4
2.5
2.7
2.12
2.13
2.14
Legislative and other measures to implement the provisions of the African
Charter
Prisons, conditions of detention and the Police
Access to justice
Refugees, migrants, Internally Displaced Persons (IDPs)
The rights of children
Persons with disabilities
Older persons
3.0
RECOMMENDATIONS
ANNEX
•
Annex 1: Mission Program
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ACKNOWLEDGEMENTS
The African Commission on Human and Peoples’ Rights (the Commission) would like
to express its gratitude to the Government of the Republic of Cabo Verde (Cabo Verde)
for authorizing this Promotion Mission, and for putting at the disposal of its
Delegation the necessary facilities and personnel to ensure the success of the Mission.
In particular, the Commission singles out the Focal Points from the Ministry of Justice,
who accompanied the Delegation throughout its Mission, for the arrangements put in
place which enabled the Delegation to meet a variety of Government representatives
and other actors, in order to have a fairly representative view of the human rights
situation in the country.
The Commission also wishes to thank all the representatives from various
Government ministries, independent statutory institutions and other individuals that
met with its Delegation.
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EXECUTIVE SUMMARY
The Commission undertook a five (5) day mission to Cabo Verde, from 16 to 20
September 2024, and met with various Government authorities and representatives
from inter-governmental and Civil Society Organizations (CSOs). This mission was
undertaken in line with Article 45(1) of the African Charter on Human and Peoples’
Rights (the African Charter), read together with Rule 76(1) of the Commission’s Rules
of Procedure, which mandate the Commission to promote human and peoples’ rights
on the continent, through promotion missions to States Parties of the African Charter.
The Mission was led by the Country Rapporteur for the Republic of Cabo Vede Hon
Commissioner Maria Teresa Manuela.
During the mission, the Delegation took note of the political will displayed by the
Government to ensure realization of the rights and freedoms enshrined in the African
Charter. In this regard, the commendable effort to set up an effective social cover for
the non-contributing population was noted. Furthermore, laudable initiatives of
inclusion of women in governance at all levels, with women in decision-making
positions, and the establishment of a system of advice and social cover for migrants
were also noted.
In this Report a number of areas of concern were noted, for which the Commission
proposes a number of recommendations. These include: non-ratification of certain
international and regional human rights instruments, in particular the Convention
relating to the Status of Refugees, the Protocol establishing the African Court on
Human and Peoples' Rights, the Protocol on the Rights of Older Persons and the
Protocol on the Rights of Persons with Disabilities.
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1.0
INTRODUCTION
1.1 Composition of the Delegation
1.
The Commission’s Delegation comprised the following:
•
Honourable Commissioner Maria Teresa Manuela, Commissioner
Rapporteur on the human rights situation in Cabo Verde, and the
Commission’s Special Rapporteur on Freedom of Expression and Access to
Information in Africa (Head of the Delegation).
Honourable Commissioner Hatem Essaiem, Chairperson of the Committee
for the Prevention of Torture in Africa.
The Mission was supported by Mr. Maulo Nfinda Dombaxi, from the
Commission’s Secretariat.
•
•
1.2 Terms of Reference
2.
The Terms of Reference for the Mission to Cabo Verde were as follows:
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
Strengthen relations between the African Commission and the Republic of
Cabo Verde in the field of promoting and protecting the rights guaranteed
by the African Charter and other relevant national, regional and universal
legal instruments;
Promote the African Charter, the Protocol to the African Charter on Human
and Peoples' Rights on the Rights of Women (Maputo Protocol) and all
other regional and universal human rights instruments;
Urge the Republic of Cabo Verde to adopt and ratify, as soon as possible,
the Protocol to the African Charter on the Rights of Older Persons, the
Protocol to the African Charter on the Rights of Persons with Disabilities, as
well as other regional and international human rights instruments not yet
ratified by the country;
Engage in a dialogue with the Government of Cabo Verde on legislative and
other measures taken to give full effect to the provisions of the African
Charter, the Maputo Protocol and other duly ratified instruments;
Exchange views and share experiences with the Government of Cabo
Verde, as well as with other actors working in the field of human rights in
the country, on strategies to improve the enjoyment of these rights;
Exchange views and assess the degree of knowledge about regional human
rights instruments by the academic community, more specifically with high
school and university students;
Collect relevant information on the situation of women's and children's
rights and identify good practices and positive action measures, and, where
appropriate, persistent challenges.
Assess the level of enjoyment of economic, social and cultural rights by
Cape Verdean citizens, as well as the measures taken by the government to
implement these rights;
Gather information on the situation of human rights defenders in the
x.
xi.
xii.
xiii.
Republic of Cabo Verde, involve the various stakeholders to understand the
problems, if any, that hinder the effective exercise of their rights;
Exchange opinions and gather information on the tourism industry sector
and assess its impact on the lives of citizens and the environment, with
greater emphasis on the lives of women and girls;
Gather information on the issue of HIV/AIDS and inquire about the
measures and policies put in place by the government for the prevention of
this pandemic, as well as the protection of the rights of people living with
the virus and people at risk, vulnerable and affected by the disease;
Meet with all the actors involved in the field of human rights to discuss,
among other things, their programmes, their assessment of the human
rights situation in the country and the difficulties encountered in carrying
out their activities;
Visit prisons and other detention centres in order to learn about the
conditions of detention of incarcerated people;
1.3 Previous Engagements between the Commission and Cabo Verde
3.
The mission was the second promotion mission of the Commission to Cabo
Verde. Previously, the Commission undertook the following Promotion Mission
to Cabo Verde:
•
Promotion Mission to the Republic of Cabo Verde, undertaken by Honourable
Reine Alapini Gansou and Honourable Soyata Maiga from 6 to 10 July 2015 ;
1.4 Country Profile
4. Cabo Verde, an island nation in the Atlantic Ocean about 570 km off the coast of
Senegal, consists of ten volcanic islands divided into the Barlavento and Sotavento
groups. Covering 4,033 km², it is among the world’s smaller countries, with its
capital, Praia, located on Santiago Island. With a population of approximately
568,883 as of 2022, Cabo Verde has a literacy rate of 87% and a Human
Development Index of 0.665. Portuguese is the official language, while Cape
Verdean Creole (Kabuverdianu) is widely spoken.
5. The economy, classified as developing, relies heavily on services, including trade,
transport, and tourism, which accounted for nearly 20% of GDP before the COVID19 pandemic caused a severe recession. The nation has also faced economic
struggles due to external crises like the war in Ukraine, leading to increased food
insecurity and financial instability. Despite these challenges, Cabo Verde continues
to work toward economic recovery through tourism, foreign investments, and
development initiatives.
6. Cabo Verde is a representative democracy with a semi-presidential republican
system of government. The constitution, adopted in 1980 and revised multiple
times, establishes a centralized power structure while maintaining a separation
and interdependence of powers among the President, National Assembly,
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Government, and courts. The President, elected for a renewable five-year term,
serves as Head of State and Commander-in-Chief of the Armed Forces, ensuring
constitutional compliance and national unity. He appoints the Prime Minister
based on election results and consultation with political parties. The Prime
Minister, as Head of Government, leads the Council of Ministers, appoints
ministers, and is accountable to the National Assembly. The government holds
both legislative and administrative powers, responsible for defining and executing
national policies. Additional institutions, such as the Council of the Republic,
advise the President but do not issue binding decisions.
7. Cabo Verde follows a monistic approach to international law, meaning
international treaties and agreements become part of the national legal system
once ratified and published. The country upholds principles of national
independence, respect for human rights, non-interference, and peaceful
cooperation in its foreign policy. As a stable democracy, Cabo Verde holds
competitive elections, with power periodically transferring between rival parties.
The President serves for up to two consecutive terms, while the Prime Minister is
nominated by the National Assembly and formally appointed by the President.
The last presidential election was in 2021, and the current government is led by
President José Maria Neves and Prime Minister José Ulisses Correia e Silva, along
with various ministers and secretaries overseeing different ministries.
1.5 Methodology
8.
During the Mission, the Delegation met with various stakeholders in
Government, the media, civil society organizations (CSOs), as well as other
actors involved in the promotion and protection of human rights in Cabo Verde.
9. The Delegation paid a visit to the Central Prison of Praia, where it had direct
contact with the detained prisoners interned, both in pre-trial detention and
convicts.
10. In addition to that, the Delegation paid a visit to the Praia Children's emergency
centre (CEIP), where minors and vulnerable and at-risk adolescents are
hospitalized, under the tutelage of ICCA;
11. The delegation also participated in a live radio program on the National Radio of
Cabo Verde.
12. The Delegation paid a courtesy visit to the Secretary of State for Foreign Affairs –
Dr. Miryan Vieira.
13.
The Mission concluded with a Press Conference.
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2.0
FINDINGS
14.
During the Mission, which lasted five (5) days, the Delegation observed that the
interaction during the meetings with the various Government representatives
and other stakeholders was quite extensive, which enabled the Delegation to
assess the human rights situation in the country.
15. The Delegation paid a courtesy visit to the Prime Minister of the Republic of Cabo
Verde, followed by working meetings with members of the Government,
including Her Excellency the Minister of Justice; Her Excellency the Minister of
State for National Defense, Territorial Cohesion, and Chairperson of the Council
of Ministers and Parliamentary Affairs; the Minister of State for Family, Inclusion,
and Social Development, and the Secretary of State for Foreign Affairs,
Cooperation, and Regional Integration.
16. A technical meeting was held with the President of the National Commission for
Human Rights and Citizenship, with the participation of the Executive Secretary
of the Interministerial Commission for the Development of National Human
Rights Reports. Further courtesy and working meetings took place with highranking entities, including Deputy Chief Public Prosecutor, the Hon. Judge and
Deputy Chairperson of the Supreme Court of Justice, and the Hon. Ombudsman.
The Delegation also met with the United Nations Resident Coordinator.
17. The findings of the Mission discussed below are based on interviews conducted
and the information obtained by the Delegation in the process of the above
meetings.
2.1 Legislative and other measures to implement the provisions of the
African Charter
➢ Basic law on social protection
18.
19.
20.
21.
22.
The Delegation took note of effort made by the Government to give effect to the
rights and freedoms enshrined in the African Charter, notably through the
adoption of the The Basic Social Protection Law.
The Basic Social Protection Law covers three regimes: contributory, noncontributory, and private. The non-contributory regime targets the population
in poverty that is not covered by the social coverage system. It includes income
transfers such as social assistance and social inclusion income for the elderly
(over 60 years old), persons with disabilities, and children with chronic diseases.
These individuals receive 6,000 escudos per person, with 2% allocated to the
pension fund. A funeral allowance of 7,000 escudos is provided, along with
medical and pharmaceutical assistance which is exempt from payment at
hospitals and pharmacies.
The Delegation was equally informed that the government also provides a
pension to Cabo Verdeans living in other countries in poverty, including Angola,
São Tomé, Senegal, and Guinea-Bissau.
Further, another pension applies to those registered in the public registry,
including 9,219 families in extreme poverty, benefiting from temporary social
inclusion income of 5,000 escudos. There is also an emphasis on autonomy and
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expansion of coverage, which is now extended to the diaspora, with pensioners
increasing from 20,000 to 26,000. The values have also been increased, with
pensions rising from 5,000 to 6,000 escudos.
➢ Submission of Periodic Reports
23.
The Delegation was informed that Cabo Verde was due to submit its first State
Report on the African Charter and the Maputo Protocol.
24.
In this regard, the Delegation was informed of, and commended, the
establishment of a Interministerial Commission for the Preparation of State
Reports on International Human Rights Conventions.
2.2 Prisons, conditions of detention and the Police
➢ Prisons
25. The Delegate was informed that Cabo Verde, a semi-presidential republic with a
population of approximately 593,149, has an incarceration rate of 366 per 100,000
inhabitants. The country’s prison system is overseen by the Ministry of Justice and
comprises five prison facilities with a total incarcerated population of 2,165
individuals. Despite efforts to regulate prison conditions, the prison system
operates at 109% capacity, indicating a level of overcrowding.
26. The delegation observed that while there are no dedicated prisons exclusively for
women, all central prisons in Cabo Verde have designated women’s wings to
ensure separation from male inmates. Women make up 1.75% (38 individuals) of
the total prison population, with nine currently in pre-trial detention and 29
serving sentences. The prison system also accommodates one woman with a child,
though there are currently no pregnant women in custody.
27. Cabo Verde established a National Preventive Mechanism (NPM) in 2018 to
monitor detention conditions and uphold human rights standards. The country
maintains a homicide rate of 6.18 per 100,000 inhabitants, and its Human
Development Index (HDI) ranking stands at 131 out of 193 countries, with a score
of 0.661. These factors provide important context for understanding the broader
criminal justice landscape in the country.
➢ Pre-trial detention
28. The Delegation was informed that in Cape Verde, preventive detention is a
precautionary measure applied during criminal proceedings to ensure public
order, criminal investigation, or the enforcement of criminal law. The Cape
Verdean Code of Criminal Procedure establishes specific time limits for the
duration of preventive detention, which vary according to the severity of the crime
and the procedural phase. For example, during the investigation phase, the
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maximum period is six months, which can be extended depending on the
complexity of the case. Adherence to these time limits is essential at all judicial
levels to guarantee the fundamental rights of defendants.
29. In cases of exceeding the preventive detention period, disciplinary proceedings are
initiated against those responsible for the unjustified delay of the process. If the
process is not concluded within the legal timeframe, the defendant must be
released. Additionally, criminal police bodies (OPCs) have a 48-hour period to
present the defendant to the competent judicial authority; otherwise, they are
obliged to release them immediately. These measures aim to prevent abuses and
ensure that there is no excessive application of preventive detention.
➢ Alternatives to detention
30. The Cape Verdean Penal Code, approved by Legislative Decree No. 4/2003 of
November 18, provides for the conversion of prison sentences of 2 to 3 years into
fines, promoting the application of alternative penalties. The procedural criminal
legislation also contemplates alternative penalties, such as community service,
especially in cases of domestic violence. The Penal Law of 2003, which came into
force in 2004, introduced fines as alternatives to imprisonment, including
substitution penalties. These reforms aim to reduce prison overcrowding and
promote the social reintegration of convicts.
31. Although some offenses have been decriminalized, there is still a need to review
certain situations, such as the consumption of cannabis or other behaviors that
could warrant more lenient penalties. Prison overcrowding in Cape Verde is a
persistent problem, often attributed to the high number of crimes. It is crucial that
institutions respect the time limits established by law and consider the application
of alternative measures to mitigate this issue. The existence of parole also
contributes to reducing the prison population and facilitates the reintegration of
individuals into society.
➢ Visit to the Central Prison of Praia
(to be completed with Commissioner’s notes)
2.3 Access to justice
a. Cabo Verde’s judicial hierarchy
32. Cabo Verde’s judicial system operates within a structured hierarchy designed to
ensure efficiency, fairness, and adherence to the rule of law. At the base of the
system are the Courts of First Instance, which handle the initial trial phase for both
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civil and criminal cases. These courts are spread across the country, ensuring
access to justice at the local level.
33. Above them are the Courts of Appeal (Tribunais de Relação), which were
established in 2010 to serve the Barlavento and Sotavento circuits. These courts
were introduced to decentralize the appellate process and alleviate the caseload of
the Supreme Court. They review decisions made by the lower courts, ensuring that
errors in legal interpretation or procedural missteps can be corrected before cases
reach the highest levels of adjudication.
34. At the apex of the judicial structure is the Supreme Court of Justice, which now
functions exclusively as a court of law, rather than acting as a second-instance
appellate court. Its role is primarily to interpret the law, unify jurisprudence, and
ensure consistency in legal decisions nationwide. It does not generally reassess
facts but focuses on the application of legal principles.
35. The Constitutional Court plays a specialized role in safeguarding constitutional
integrity. It handles constitutional challenges, fundamental rights violations, and
electoral disputes, ensuring that laws and government actions comply with the
supreme legal framework of the country.
36. In criminal matters, the Criminal Section of the Supreme Court guarantees the
swift review of cases involving detained individuals. One of its key responsibilities
is ruling on habeas corpus petitions, which are decided within five days—a
safeguard designed to prevent arbitrary detention and protect individual
freedoms. To date, there have been no reports of undue delays in these
proceedings, reflecting Cabo Verde’s commitment to judicial efficiency and human
rights protections.
b. Judicial System and Prosecutorial Oversight
37. The Procuradoria Geral da República plays a crucial role in the administration of
justice in Cabo Verde. The office oversees legal proceedings, ensures compliance
with the law, and upholds human rights standards. The Vice President of the
Superior Council of the Judiciary is currently finalizing the annual report covering
crime statistics and human rights developments for the period from September 16,
2023, to July 21, 2024.
38. Cabo Verde has 85 magistrates, with an additional 14 magistrates in training,
marking a significant increase in personnel. Of the 65 currently active magistrates,
gender distribution is balanced, particularly with the inclusion of recent trainees,
bringing female representation close to 50%.
39. The judiciary is divided into two circuits, the Barlavento Circuit and the Sotavento
Circuit (which includes Praia, the capital, with the largest judicial caseload). Each
island corresponds to a Comarca (judicial district), ensuring that every island has
at least one magistrate. The largest concentrations of magistrates are found in São
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Vicente, Praia, and Sal. Praia alone has 16 magistrates, reflecting its status as the
country’s busiest judicial district.
40. The minimum duration of preventive detention is one month. Suspects must be
presented before a judge of guarantees within 48 hours. However, after this period,
the procedure varies depending on case complexity and judicial workload. The
Inspectorate of Justice monitors unjustified delays in case processing.
2.4 Refugees, Internally Displaced Persons (IDPs) and stateless persons
41. The Delegation was informed that Cabo Verde, once primarily a country of
emigration, has now become a destination for many foreign communities. This
shift has led to the establishment of policies and institutions aimed at managing
migration and ensuring the social integration of migrants residing in the country.
a) The High Authority on Migration
42. The institution responsible for migration issues in Cabo Verde plays a key role in
developing and implementing migration policies. Its mandate includes proposing
migration and social integration policies, as well as establishing a comprehensive
system to assist migrants in accessing public services.
43. The institution responds to specific situations while also organizing information
sessions on available services. The high authority conducts studies and surveys to
provide data to national authorities and guide policy development. An
intersectoral National Council, meeting twice a year, validates the proposed
instruments before submission to the government.
44. Initiatives include promoting access to education and training, supporting the
formalization of migrant businesses, and enabling political participation for
foreigners, who can both vote and run in municipal elections. There is also a focus
on gender equality.
b) Migration statistics
45. The Delegation was informed that about 70% of migrants in Cabo Verde are
Africans, mainly from West Africa, followed by Senegalese, Portuguese, and
Chinese (4-5%). Additionally, the Delegation observed that foreigners represent
2.2% of the Cape Verdean population, with significant concentrations in Praia
(32%) and Sal (12%).
c) Legislative revision
46. The Delegation was informed that legislative proposals and initiatives have been
submitted to the government to amend Law No. 66/VIII/2014, addressing gaps in
the current legal framework, including provisions for nationality access for
children of foreign nationals. The proposed bill establishes the legal framework
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governing the entry, stay, departure, and expulsion of foreigners from Cape
Verdean territory, as well as their legal status.
47. The Delegation observed that an initiative has been approved to raise awareness
and propose appropriate legislation. Additionally, Migrant service centers have
been established in Santiago Norte, Sal, and Santiago, along with a migrant
support hotline and an interpretation service in multiple European and African
languages (Wolof, Bissau Creole, Fula).
d) Migrant Protection and Asylum
48. The Delegation observed however that while the high authority mediates various
migrant-related demands, asylum and refugee protection issues remain poorly
regulated. There are no clear procedural frameworks in place, even though Cabo
Verde adheres to the ECOWAS free movement protocol. Additionally, cases have
been reported of migrants attempting to reach Europe by boat but ending up
stranded in Cabo Verde.
49. The Delegation was further informed that, with regards to challenges faced by
migrants, cconcerns persist regarding harmful practices such as female genital
mutilation.
e) Conditions for Acquiring Nationality
50. The Delegation was informed that Cape Verdean nationality can be acquired
under the following conditions:
i.
ii.
iii.
iv.
By birth: if parents have legally resided in Cabo Verde for three
years;
By naturalization: after five years of legal residence;
By marriage: after four years of legal union;
By investment, heroic acts, or sporting merit.
f) International Cooperation and Social Inclusion
51. The Delegations was informed that a special regularization program has been
implemented, and migration statistics reports are periodically published. Cabo
Verde has readmission agreements for national and foreign citizens who
previously resided in the country. The European Union invests in strengthening
Cape Verdean borders through training and migration policy development
support. However, cultural diversity can sometimes lead to feelings of
discrimination, highlighting the need for strong cohesion policies.
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g) Migrant Community Organizations
52. A federation of migrant associations has been created. These communities
primarily organize into associations, which have a consultative role in the
Migration Council. A principle of non-duplication of efforts is applied: projects are
developed where no institutional coverage exists, and training subsidies are
provided in partnership with state institutions. The main goal remains integrating
migrants into Cape Verdean territorial management.
53. Regarding education, private religious schools are permitted but must meet prior
regulatory requirements. In terms of data, Cabo Verde currently has only five
asylum seekers or refugees.
2.5 The rights of children
a) Role and Mission of ICCA
54. The Delegation met with the Instituto Cabo-Verdiano da Criança e do Adolescente
(ICCA), the key governmental institution responsible for promoting and executing
policies on child protection and defending children's rights in Cabo Verde. The
Delegation was informed that under the sustainable development strategy, ICCA
prioritizes social protection and ensures that the rights of children and adolescents
are observed in alignment with the national child status framework, which is
currently under amendment.
55. ICCA coordinates child protection policies, monitors public and private initiatives
through established protocols, and delegates mandates to civil society
organizations while ensuring proper oversight. It also plays a vital role in project
governance, strengthening the child protection system through the drafting and
implementation of legal instruments and policies. As the main coordinating entity
for both judicial and non-judicial protection systems, ICCA collaborates closely
with the Ministry of Justice and the courts.
b) Programs and Initiatives
56. ICCA provides psychosocial support to children and families and is actively
involved in various awareness and capacity-building initiatives. It has launched
the "Proteja" campaign in 2024 to combat child abuse and sexual violence,
emphasizing societal responsibility in child protection. Additionally, ICCA runs
community engagement programs to revive traditional care values and improve
neighborhood vigilance.
57. Despite its critical role, ICCA faces limitations in its capacity to integrate all
vulnerable children. Children in high-risk situations are often referred to Zambeze
SOS. ICCA operates six delegations and four representative units across the
country, overseeing three emergency child protection centers that shelter children
in danger. Individualized plans are developed for reintegration into their families,
foster care, or adoption. Specialized centers for street children exist in Sal and
Praia, providing refuge for children separated from their families or those living
in hazardous conditions.
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58. ICCA is currently waiting for budget approval to expand its programs, including
the construction of eleven additional child centers to be managed by civil society
organizations. Furthermore, two new emergency child centers will be under
ICCA's direct management, and three social reintegration centers are planned for
children with behavioral issues. The "Fundo Mais" project aims to fund these
initiatives through contributions from tourists, with each visitor donating $50 to
support child welfare programs.
c) Legislative and Policy Developments
59. Several legislative proposals and initiatives have been submitted to the
government to amend Law No. 66/VIII/2014, particularly to address gaps such as
nationality access for children of foreign nationals. This bill outlines the legal
framework for the entry, stay, departure, and expulsion of foreigners from Cabo
Verdean territory, along with their legal status.
60. ICCA is responsible for authorizing the establishment of child protection centers
and ensures that all actors working with children operate under a unified
framework. The organization is also part of the National Commission for the
Prevention of Violence and engages in strategic partnerships, such as a signed
work plan with UNICEF.
61. ICCA has been strengthening its technical and professional capacities to address
cultural challenges, neglect, mistreatment, and inadequate educational strategies.
d) Challenges and Resource Needs
62. ICCA currently employs 175 workers nationwide, though its projected workforce
is 260. There is an urgent need to invest in strengthening institutional capacities,
particularly in response to migration-related challenges. Staff shortages and the
migration of trained personnel have strained ICCA’s ability to maintain effective
monitoring systems.
63. Additional challenges include delays in child support payments, instances of
paternal negligence, and insufficient structures to support independent living
programs for adolescents. A uniform national child protection database is under
development, though its completion timeline remains uncertain. The organization
is also facing financial constraints in implementing municipal-level child welfare
plans and ensuring consistent monitoring mechanisms.
e) Sexual Abuse and Exploitation Cases
64. ICCA monitors and reports cases of child abuse and exploitation. In 2024, 114 cases
were recorded, compared to 111 in 2023. While there is increased awareness and
reporting, the overall number of denunciations remains stable. The institution also
oversees detention centers for children and adolescents.
f) Key Questions and Responses
65. The Delegation was informed of various child rights violations, including neglect,
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mistreatment, lack of proper care, and inadequate educational strategies. While the
African Charter on the Rights and Welfare of the Child is partially implemented
with UN support, Cabo Verde is preparing to submit its report on children's rights.
66. The legal framework defines age limits for protection centers, but these vary by
case. Measures exist to regulate tourism and protect children, though further
safeguards are needed. Children in conflict with the law receive rehabilitation at
Centro Orlando Pantera under the Ministry of Justice. ICCA operates
autonomously while collaborating with relevant ministries. Additionally, Casa
Manuela Iga provides shelter, education, and vocational training for adolescent
mothers.
g) Future Directions and Recommendations
67. To enhance child protection in Cabo Verde, ICCA must:
i. Secure adequate budgetary allocations to implement its expanding
portfolio of programs.
ii. Strengthen partnerships with civil society and international organizations
for technical and financial support.
iii. Expand training initiatives for child protection professionals to address
capacity gaps.
iv.
Improve data collection and monitoring mechanisms through the timely
completion of a national database.
v. Develop comprehensive policies to safeguard children from exploitation in
tourism and other sectors.
68. The Delegation was informed that, as stated in Article 11(3) of the Children’s
Protection and Welfare Act: “[A] child has a right to education regardless of the
type or severity of the disability he has.” However, in spite of this the Delegation
received information regarding persistent challenges facing learners with
disabilities (LWD), who faced difficulties attending schools which did not have the
facilities to accommodate them. Representatives from the Government informed
the Delegation that it was working to address these challenges, including by
adopting and implementing the Inclusive Education Policy (2018), which aimed to
ensure an adequate accessible physical environment and facilities in schools, in
order to enable access to schools without difficulty.
69. The Delegation also learnt that the Government was committed to ensuring access
for learners with disabilities to primary schools by preparing teachers to
accommodate and address their special needs, as opposed to confining these
learners to special schools.
h) Visit to the children’s center
70. The Center houses 27 children, comprising 13 girls and 14 boys. The age
distribution includes five children aged 0-2, four children aged 3-5, and a group of
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71.
72.
73.
74.
75.
adolescents (one boy and nine girls). Children attend schools outside the center
from kindergarten until grade 8, while adolescents attend professional training
centers.The center is staffed by a director, 13 monitors working in shifts, 3 social
educators, 2 social assistants, a psychologist, a cook, two cleaners, a driver, and a
guard provided by an external private company.
Children are placed in the center following reports of various situations. The center
conducts frequent home visits, providing training and psychological support to
families, and supports families in need of services. Admissions vary based on the
severity of cases, sometimes requiring mediation by the Attorney General's office
or the police.
There are instances of children being reintegrated into their families after periods
of recuperation. The centers operate as local responses of the ICCA (Instituto
Caboverdiano da Criança e do Adolescente), with delegations on each island and
centers included in the ICCA budget, particularly in Praia and Sao Vicente, with
plans for expansion.
All children are placed here following judicial decisions, and they come from
different islands. Funding is provided by UNICEF, along with partnerships with
local authorities and the Ministry.Challenges faced by the center include children
revolting against being separated from their families, leading to difficult
behaviors. Human resources are limited, with a need for specialized and trained
personnel.
The infrastructure is not adapted for children with special needs. Equipment is
often degraded due to the presence of adolescents, and the age diversity poses a
challenge. Some children have been abandoned, making it difficult to engage
relatives. Adolescents participate in various activities such as salon services, art,
and dancing. The center faces situations of adolescents running away, especially
at the beginning of their stay, due to difficulties adapting to the rules. Some
adolescents arrive with indications of drug use, requiring psychiatric and
neurological support.
The Ministry of Tourism is a partner in the plan to combat sexual abuse, aiming to
train tour guides who often mediate certain practices, and organize informal
conversations with adolescents.The United Nations has five resident agencies
based in Praia: FAO, WHO, UNDP, UNFPA, and UNICEF. Other agencies have
offices with specific projects, including ILO, UN-HABITAT, UNODC, IOM, and
UNIDO. Cape Verde is recognized as a country with good development,
governance, a history of promoting human rights, and efficient capacity building
within the Ministry of Justice. The country has a democratic system with
institutions represented almost everywhere. There is a need for the UPR Report,
which made 200 recommendations for Cape Verde. The devolution and
decentralization of power are underway, with actions implemented by
municipalities.
2.6 Persons with disabilities
76. The Delegation was informed that the national social protection framework
includes non-contributory benefits for individuals with disabilities, providing
financial assistance, medical exemptions, and support services. Accessibility
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remains a challenge, with limited accommodations in schools and public
buildings, despite political will for adaptation. ADVIC, the national association for
visually impaired persons, is actively engaged in advocacy, training, and
awareness campaigns but faces resource constraints. Inclusive education efforts
exist, yet teachers lack specialized training and materials. There is an ongoing push
for the ratification of the Convention on the Rights of Persons with Disabilities,
with efforts to influence political leaders.
2.7 Older persons
77. The Delegation met with the Minister of Family, Inclusion, and Social
Development and learned that Cabo Verde’s social protection system provides a
non-contributory pension for older persons (60+) in poverty, offering 6,000
escudos per month, 7,000 escudos for funeral support, and exemptions from
medical and pharmaceutical fees. The government extends pensions to vulnerable
Cabo Verdeans abroad (Angola, São Tomé, Senegal, and Guinea-Bissau).
78. The Delegation was further informed that health services include external medical
evacuation under an agreement with Portugal, ensuring that all rights under the
non-contributory regime remain valid while in Portugal.
79. Furthermore, the Delegation noted that to combat poverty, older persons benefit
from social inclusion programs, including housing support, water and energy
subsidies, and productive inclusion measures. The government is expanding
coverage from 20,000 to 26,000 pensioners while strengthening the public registry
system to monitor and ensure access to benefits.
80. The Ministered reassured the Delgation that Cabo Verde is committed to social
justice and dignity for older persons, with policies emphasizing inclusion,
transparency, and long-term sustainability.
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3.0
RECOMMENDATIONS
81. Based on the findings of the Delegation, the Commission calls on the Government
of Cabo Verde to adopt the following recommendations, in order to enhance the
promotion and protection of human rights in the country.
Legislative and other measures to implement the provisions of the African Charter:
i.
ii.
iii.
iv.
v.
vi.
vii.
Continue to strengthen the implementation of the Basic Social Protection
Law to ensure full realization of rights under the African Charter.
Ensure comprehensive coverage and efficient targeting within the noncontributory regime to reach all eligible vulnerable groups.
Periodically review and adjust the benefit levels to align with
beneficiaries' needs and cost-of-living changes.
Strengthen administrative mechanisms to ensure efficient and equitable
access to pensions for diaspora beneficiaries.
Continue expanding coverage and invest in the sustainability and
autonomy of the social protection system.
Finalize and submit the initial State Report as a matter of priority,
ensuring compliance with reporting obligations.
Provide the Interministerial Commission with sufficient resources and
support to ensure effective coordination and reporting.
Prisons, conditions of detention and the Police
i.
ii.
iii.
iv.
v.
vi.
vii.
Strengthen efforts to reduce overcrowding in Cabo Verde's prison system
by expanding capacity or implementing alternative measures to alleviate
the pressure on existing facilities.
Ensure that the designated women's wings in all central prisons continue to
meet international standards for gender-specific detention and support
services for female inmates, including those with children.
Enhance the operational effectiveness of the National Preventive
Mechanism (NPM) to monitor and address detention conditions more
comprehensively, taking into account the broader socio-economic and
criminal justice landscape in Cabo Verde.
Ensure strict adherence to the prescribed time limits for preventive
detention to safeguard the rights of defendants and prevent prolonged
detention without trial.
Strengthen oversight and accountability mechanisms to prevent abuses
related to the excessive use of preventive detention and ensure timely
presentation of detainees before judicial authorities.
Expand the use of alternative penalties, such as fines and community
service, to reduce the burden on the prison system and facilitate the social
reintegration of offenders.
Prioritize a comprehensive review of decriminalization policies and explore
further avenues for applying alternative penalties, including for minor
offenses, to reduce overcrowding and promote rehabilitation.
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Access to justice
i.
ii.
iii.
iv.
v.
Continue supporting the decentralization of the appellate system to
maintain manageable caseloads and improve access to timely justice.
Maintain and reinforce mechanisms that ensure habeas corpus petitions are
resolved within legal timeframes to safeguard against arbitrary detention.
Ensure the timely publication and broad dissemination of the annual report
from the Procuradoria Geral da República to inform public policy and
human rights advocacy.
Monitor magistrate distribution regularly to ensure all judicial districts
remain adequately staffed, particularly in high-demand areas like Praia.
Strengthen the capacity of the Inspectorate of Justice to reduce case
processing delays and uphold due process standards in preventive
detention cases.
Refugees, Internally Displaced Persons (IDPs) and stateless persons
i.
ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
Ensure continued development of inclusive and comprehensive policies
that support migrants’ access to public services and social integration.
Strengthen the frequency and impact of intersectoral coordination through
the National Council to enhance policy responsiveness and
implementation.
Expand initiatives promoting education, entrepreneurship, and political
participation among migrants, with sustained emphasis on gender equality.
Tailor local integration strategies to reflect the demographic concentration
of migrants in Praia and Sal, ensuring equitable service distribution.
Expedite the review and adoption of legislative amendments to Law No.
66/VIII/2014 to address gaps in nationality access and migration
governance.
Broaden the reach and capacity of migrant service centers and multilingual
hotlines to ensure consistent support for diverse migrant communities.
Establish a clear legal and procedural framework for asylum and refugee
protection in line with international and ECOWAS obligations.
Launch targeted awareness and protection initiatives to address harmful
practices such as female genital mutilation within migrant communities.
Develop national cohesion policies that celebrate cultural diversity and
actively combat discrimination in migrant integration efforts.
Strengthen the role of migrant associations in policy consultation and
expand support for grassroots initiatives addressing integration gaps.
Create a robust legal and institutional framework for asylum processing to
ensure adequate protection and support for asylum seekers and refugees
The rights of children
i.
Ensure that the amended national child status framework aligns with
international child rights standards and is swiftly adopted.
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ii.
iii.
iv.
v.
vi.
vii.
viii.
ix.
x.
xi.
xii.
xiii.
xiv.
xv.
xvi.
xvii.
xviii.
xix.
xx.
Strengthen ICCA’s oversight mechanisms to ensure accountability and
consistency in child protection service delivery by civil society actors.
Expand public education campaigns like "Proteja" to all islands and enhance
community-based monitoring to prevent child abuse.
Increase ICCA’s capacity and expand specialized shelters to ensure broader
coverage for children in high-risk situations.
Expedite budget approvals and ensure sustainable financing for the
planned expansion of child protection and reintegration infrastructure.
Ensure harmonized standards and regular evaluations for all child
protection centers, including those managed through strategic
partnerships.
Increase investment in cultural sensitivity training and inclusive education
approaches to address entrenched social challenges.
Prioritize recruitment and retention strategies to address ICCA’s staffing
shortages, particularly in migration-affected zones.
Finalize and operationalize the national child protection database, and
allocate resources to strengthen municipal-level implementation.
Increase outreach and case detection mechanisms to ensure underreported
child abuse cases are identified and addressed promptly.
Accelerate the full implementation of the African Charter on the Rights and
Welfare of the Child and finalize the state report with inclusive
participation.
Standardize protection center age limits and enhance safeguards against
child exploitation in the tourism sector.
Fast-track the implementation of the Inclusive Education Policy and
prioritize the adaptation of school infrastructure for learners with
disabilities.
Scale up teacher training programs to support the integration of learners
with disabilities into mainstream schools.
Maintain appropriate staff-to-child ratios and ensure ongoing professional
development for all personnel at care centers.
Strengthen collaboration between ICCA, the judiciary, and families to
ensure timely and child-sensitive admissions and reintegration.
Ensure the expansion of ICCA centers includes provisions for sustainability,
adequate staffing, and accessible infrastructure across all islands.
Increase funding for human resources and develop specialized training for
staff managing challenging behaviors and trauma cases.
Upgrade infrastructure to meet the needs of children with disabilities and
ensure access to psychological and psychiatric services for adolescents.
Enhance coordination between the Ministry of Tourism, child protection
services, and development partners to prevent exploitation in tourism
settings.
Persons with disabilities
i.
Expedite the ratification of the Convention on the Rights of Persons with
Disabilities and invest in inclusive infrastructure, specialized teacher training,
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ii.
and resource support to ensure accessibility and effective implementation of
inclusive education and services for persons with disabilities.
Ratify the Protocol to the African Charter on Human and Peoples' Rights on
the Rights of Older Persons in Africa.
Older persons
I.
II.
III.
IV.
Ensure regular review of benefit amounts to keep pace with inflation and cost
of living, particularly for older persons in extreme poverty.
Establish robust monitoring and follow-up mechanisms for evacuated patients
to ensure continuity and quality of care abroad.
Prioritize digitalization and local outreach to ensure that all eligible older
persons, including those in remote areas, are registered and receive timely
support.
Strengthen intergenerational programs and community-based care models to
enhance the social integration and well-being of older persons.
Annex 1:
Mission Program
Day One – 16/09/2024 (Monday)
President of the CNDHC – Dr. Eurídice Mascarenhas
Prime Minister – Dr. José Ulisses Correia e Silva
Ombudsman – Dr. José Carlos Delgado
Minister of Justice – Dr. Joana Rosa Amado
Day Two – 17/09/2024 (Tuesday)
President of ICCA – Dr. Zaida Morais de Freitas
Minister of Family and Inclusion – Dr. Fernando Elísio Freire
Attorney General of the Republic – Dr. Helton Barros
Day Three – 18/09/2024 (Wednesday)
National Radio Interview (Carlos Santos)
Minister of Defense and Social Cohesion – Dr. Janine Lélis
Visit to the Central Prison of Praia
Day Four – 19/09/2024 (Thursday)
Awareness Seminar by the ACHPR – University of Santiago
President of AAI – Dra. Carmen Barros
President of the Supreme Court of Justice – Dr. Benfeito Mosso Ramos
Day Five – 20/09/2024 (Friday)
Debriefing Meeting with the CNDHC
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UN Resident Coordinator – Dr. Patrícia Portela
Secretary of State for Foreign Affairs – Dr. Miryan Vieira
Press Conference – Ministry of Foreign Affairs and Communities
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