AFRICAN UNION
UNION AFRICAINE
UNIÃO AFRICANA
Commission Africaine des Droits de
African Commission on Human & Peoples’ Rights
l’Homme& des Peuples
No. 31 Bijilo Annex Lay-out, Kombo North District, Western Region, P. O. Box 673, Banjul, The Gambia Tel: (220) 441 05 05
/441 05 06, Fax: (220) 441 05 04
E-mail: au-banjul@africa-union.org; Web www.achpr.org
REPORT OF THE HUMAN RIGHTS PROMOTION MISSION TO THE REPUBLIC
OF CABO VERDE
6 - 10 JULY 2015
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ACKNOWLEDGEMENTS
The African Commission on Human and Peoples’ Rights (the Commission) expresses its
appreciation to the Government of the Republic of Cabo Verde for accepting to host the
human rights promotion mission conducted from 6 to 10 July 2015. The Commission
extends its sincere gratitude to the Highest Authorities of the State for providing the
Delegation with the necessary means for the smooth conduct of the mission.
The Commission also expresses its appreciation to Her Excellency the Minister of
Health, Acting Vice-Prime Minister, and to all members of the Government for the
support provided to facilitate the mission of the Delegation.
Finally, the Commission extends its gratitude to Ms Maria Livramento Carvalho,
Permanent Secretary of the Ministry of Justice, and Mr Emmanuel Duarte, National
Director of State Protocol, for their decisive role in the organization of the various
meetings which greatly contributed to the success of the mission.
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PART ONE
I.
INTRODUCTION
1. The African Charter on Human and Peoples’ Rights (the African Charter), adopted
on 21 June 1981 by the Assembly of Heads of State and Government in Nairobi,
Kenya, became effective on 21 October 1986. Article 30 establishes the African
Commission on Human and Peoples’ Rights (the Commission) thereby making it the
main organ of the African Union (AU) for the promotion of human rights. The
Republic of Cabo Verde acceded to the African Charter on 31 March 1986 and
ratified it on 2 February 1987.
2. Within the framework of Article 45 of the African Charter, the Commission has a
mandate to promote human rights and fundamental freedoms guaranteed by the
Charter, ensure their protection and monitor their implementation, interpret
provisions of the Charter and provide legal advice at the request of the Assembly of
Heads of State and Government. In addition, the Commission is tasked with collecting
documents, undertaking studies and researching on African problems in the area of
human and peoples’ rights, organizing seminars, symposia and conferences,
disseminating information, encouraging national and local institutions dealing with
human and peoples’ rights and, where appropriate, giving advice or making
recommendations to governments.
3. Within the context of implementing its human rights protection mandate, a
Delegation of the African Commission composed of Honourable Reine AlapiniGansou, Head of Delegation, Commissioner responsible for monitoring human
rights in the Republic of Cabo Verde and Special Rapporteur on Human Rights
Defenders in Africa, Honourable Soyata Maiga, Special Rapporteur on the rights of
women in Africa, and assisted by Mr. Hubert GOULEYO, Principal Legal Officer at
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the Secretariat of the Commission, conducted a human rights promotion mission to
the Republic of Cabo Verde from 6 to 10 July 2015.
4. During the mission, the Delegation gathered information on the human rights
situation in the country. The Delegation also took the opportunity to raise awareness
among all government and non-government officials met on its mandate and how it
operates.
II.
TERMS OF REFERENCE
5. The objectives of the mission were as follows:
▪
Promote the African Charter, the Protocol to the African Charter on Human
and Peoples’ Rights on the Rights of Women (Maputo Protocol) and all the
other regional and international human rights legal instruments;
▪
Strengthen relations between the Commission and the Republic of Cabo Verde
in the area of promoting and protecting the rights guaranteed by the Charter
and other relevant national, regional and international legal instruments;
▪
Initiate dialogue with the Government of the Republic of Cabo Verde on laws,
policies and programmes which impact the realization of human rights in the
country;
▪
Hold discussions on legislative and other measures taken to give full effect to
the provisions of the African Charter, the Maputo Protocol and other ratified
instruments;
▪
Share views and experiences with the Government of Cabo Verde and other
human rights stakeholders in the country on strategies to improve the
enjoyment of these rights;
▪
Gather as much relevant information as possible on the situation of the rights
of women and children and take note of best practices and, where necessary,
the persistent challenges;
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▪
Gather information on the situation of older persons and people with
disabilities in Cabo Verde;
▪
Assess the level of enjoyment of economic, social and cultural rights of citizens
of Cabo Verde, as well as measures taken by the Government to implement
these rights;
▪
Gather information on the situation of human rights defenders in the Republic
of Cabo Verde and, where necessary, make the various stakeholders to
understand the challenges faced in the effective enjoyment of their human
rights;
▪
Share views and gather information on the extractive industries sector and
assess the impact of extractive industries on the lives of the population and the
environment;
▪
Gather information on the issue of HIV/AIDS and inquire about the measures
and policies introduced by the Government to prevent the pandemic and to
protect the rights of people living with HIV and those at risk, vulnerable to,
and affected by the disease;
▪
Meet with all human rights stakeholders to, among others, hold discussions on
their programmes, their assessment of the human rights situation in the
country and the challenges faced in the conduct of their activities;
▪
Visit prisons and other detention centres in order to learn about the detention
conditions of prisoners.
III.
HISTORICAL, GEOGRAPHICAL AND INSTITUTIONAL BACKGROUND OF
THE REPUBLIC OF CABO VERDE
A. Historical background and geographical situation
6. Cape Verde, officially Cabo Verde or the Republic of Cabo Verde since 24 October
2013, is an island nation comprising an archipelago of ten volcanic islands.
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The
Republic of Cabo Verde gained its independence on 5 July 1975. Located on the
Atlantic Ocean at 570 kilometres off the coasts of Mauritania, Gambia and Senegal,
the islands cover a surface area of approximately 4,000 square kilometres. The
islands are spatially divided into two groups: the Sotavento Islands to the South
(Brava Fogo, Santiago and Maio) and the Barlavento Islands to the North (Boa Vista,
Sal, São Nicolau, Santa Luzia, São Vicente and Santo Antão). Santiago is home to
more than half of the country’s population and hosts the nation's capital, Praia. The
country has 540,000 inhabitants.
B. Political system
7. The Republic of Cabo Verde has a system of representative democracy with a semipresidential regime. The Constitution, adopted in 1980 and revised in 1992, 1995 and
1999, defines the basic principles of its government.
8. The President is the Head of State and is elected by popular vote for a five-year
term.
9. The Prime Minister is the Head of Government and appoints the ministers and
secretaries of State. The Prime Minister is nominated by the National Assembly and
appointed by the President.
10. The National Assembly includes at least sixty-six and at most seventy-two seats and
its members are elected by popular vote based on proportional representation for a
five-year term.
11. There are two main political parties in Cabo Verde operating since independence:
PAICV (formerly PAIGC) and MPD (Mouvement pour la démocratie - Movement for
democracy).
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12. As a result of the regular changeover between the parties since 1991 and the freedom
enjoyed by the media, Cabo Verde is considered one of the most democratic nations
in the world: it was ranked 31st in the 2014 Democracy Index.
13.
Mr. Jorge Carlos Fonseca is the current President of the Republic of Cabo Verde
and has been in office since 9 September 2011.
14.
The Government is composed of 16 ministers and 3 secretaries of State.
C. Economic situation
15. According to the IMF, the Republic of Cabo Verde’s GDP per capita in terms of
purchasing power parity in 2014 was 2.1 billion dollars. GDP per capita in 2013 was
3,908 dollars, in purchasing power parity (The World Factbook, estimates). The rate
of inflation was 3.3% in 2013, and the growth rate 1.2% in 2012, 0.5% in 2013 and 1%
in 2014. In 2014, the deficit stood at 8% of GDP (2014). Based on 2013 data, the
unemployment rate is 16.8% and affects nearly 32% of young people. In 2013, the
share in GDP of key market sectors was as follows:
-
Agriculture: 9.3%;
-
Industry: 18.8%;
-
Other services: 71.9%
16. Despite its small market size and its dependence on foreign aid, the Republic of
Cabo Verde has been able to stand out as one of the most dynamic countries in the
region and a model for the whole of Africa: an average annual growth of nearly 7%
in the early 2000s, good governance and low level of corruption, GDP per capita
three times higher than the average in Sub-Saharan Africa, ranked third in Africa in
the human development index after Seychelles and Mauritius. This growth was
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however heavily impacted by the economic crisis and persisting difficulties faced by
major European partner countries (Portugal and Spain in particular).
D. Social context
17.
In 2015, the Republic of Cabo Verde reached a population of 540,000 inhabitants
with an average population density of 133 inhabitants per square kilometre (2013
data). It shall be noted that this density varies between cities and can reach 300
inhabitants per square kilometre (the case of Santiago). In 2013, the World Bank
determined life expectancy in the archipelago at 75 years. The literacy rate is 85% and
the population is predominantly Catholic (92 per cent). Seven per cent are Protestants
and 1% Muslim. In 2014, the World Bank ranked Cabo Verde 122 out of 189 countries.
E. Legal framework of human rights promotion and protection
•
African Charter On Human and Peoples’ Rights;
•
Maputo Protocol;
•
African Charter on the rights and welfare of the Child;
•
OAU Convention governing the Specific Aspects of Refugee Problems in
Africa;
•
International Covenant on Civil and Political Rights;
•
International Covenant on Economic, Social and Cultural Rights;
•
Convention on the Elimination of all forms of Discrimination Against Women;
•
Convention against Torture and other cruel, inhuman or degrading treatment
or punishment;
•
Convention on the Elimination of all forms of Racial Discrimination;
•
Convention on the Rights of the Child and its optional protocols on the
involvement of children in armed conflicts, the sale of children, child
prostitution and child pornography;
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•
Convention against organized transnational crime and the additional protocol
aimed at preventing, suppressing and punishing trafficking in persons,
especially women and children.
Universal international legal instruments
•
International Covenant on Civil and Political Rights;
•
Optional Protocol to the International Covenant on Civil and Political Rights;
•
Second Optional Protocol to the International Covenant on Civil and Political
Rights aiming at the abolition of the death penalty;
•
International Covenant on Economic, Social and Cultural Rights;
•
International Convention on the Elimination of all forms of Racial
Discrimination;
•
Convention on the Elimination of all forms of Discrimination Against Women;
•
Optional protocol to the Convention on the Elimination of all forms of
Discrimination Against Women, with consent for the conduct of the inquiry
procedure provided for in Article 8 of the Optional Protocol to the Convention;
•
Convention against Torture and other cruel, inhuman or degrading treatment
or punishment; with consent for the conduct of the inquiry procedure provided
for in Article 20 of the Convention; as well as consent for individual complaints
to be submitted pursuant to Article 22 of the Convention;
•
Convention on the Rights of the Child;
•
Optional Protocol to the Convention on the rights of the child on the
involvement of children in armed conflicts;
•
Optional protocol to the UN Convention on the rights of the child on the sale of
children, child prostitution and child pornography;
•
International Convention on the Protection of the Rights of All Migrant
Workers and Members of Their Families;
•
Convention on the Rights of Persons with Disabilities;
•
Rome Statute;
Page 9 of 25
•
1949 Geneva Conventions and the first two additional protocols.
PART TWO
I.
CONDUCT OF THE MISSION
18. The Delegation met with government authorities, non-governmental organizations
and UN agencies. It also visited the prison and a few specialized services. A press
conference was organized at the end of the mission.
II.
MEETINGS WITH GOVERNMENT AUTHORITIES
1. Meeting with the Minister of Justice
19. During this meeting, Honourable Commissioner Reine Alapini-Gansou expressed
appreciation, on behalf of the Delegation and the entire Commission, to Cabo Verde
for accepting to host the mission. She also expressed gratitude for the logistical
arrangements made to ensure the successful conduct of the mission.
The
Commissioner presented the Commission and its activities to the Minister and other
officials present at the meeting.
20. Honourable Commissioner Ms Reine Alapini-Gansou then raised some issues
relating, inter alia, to the late submission of reports, the need to ratify the Protocol to
the African Charter on Human and Peoples’ Rights establishing the African Court on
Human and People’s Rights (Protocol of the Court), as well as the need for Cabo
Verde to participate in and be represented at statutory sessions of the Commission. It
is worth recalling that Cabo Verde has 12 overdue reports.
21. Honourable Commissioner Ms Soyata Maiga made a presentation on the subsidiary
mechanisms of the Commission, and informed that the Commission’s promotion
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missions are conducted with the aim of initiating dialogue with States parties. She also
indicated that during this mission, the Delegation will gather information on the
human rights situation in the country and related prospects as well as best practices in
Cabo Verde.
22. The Minister of Justice thanked the Commission for taking the initiative to conduct
this visit. He then made a brief presentation on the organization and administration of
justice in Cabo Verde.
23. The Minister of Justice indicated that the Constitution and other laws of the
Republic of Cabo Verde recognize and protect individual and collective
fundamental freedoms in an unequivocal manner, including: the right to freedom,
conditions of arrest and pre-trial detention, the principle of offences and penalties
being established in law, presumption of innocence, the right to a fair trial
(adversarial, public and the right of defence), the rules of “habeas corpus”.
24. Since its independence, the Republic of Cabo Verde has ratified the main
international human rights protection and promotion instruments. The country
also actively participates in a programme on combatting drugs and organized
crime carried out under the auspices of the European Commission and the
United Nations (CAVE INTERCRIN programme).
25. The Minister concluded by deploring the delays his country has accumulated in
submitting its periodic reports and explained that this was due to the lack of
information and interaction with the Commission. He emphasized that the
Government would do its best to remedy this situation. He wished all success to the
mission
and
reiterated
his
availability
recommendations.
Page 11 of 25
to
receive
its
conclusions
and
26. The Commission visited the Law Clinic of Praia, an initiative of the Ministry of
Justice for the promotion and protection of human rights. Law clinics provide
information to communities on access to justice. They also offer legal advice and
assistance to citizens who make the request.
2. Meeting with the National Human Rights Commission (CNDHC)
27. Ms Zelinda Cohen welcomed the Delegation and indicated that the country had
made significant progress in the promotion and protection of human and peoples'
rights, even though there are still challenges to be addressed.
28. According to the CNDHC Chairperson, key human rights challenges in the
archipelago are of a social and economic nature. She stated that there were
undesirable economic and social disparities, but acknowledged that the Government
had indeed made significant efforts to address issues in a number of sensitive
sectors and challenges relating to the right to water, electricity, housing, and access
to education, among others.
29. Honourable Commissioner Ms Reine Alapini-Gansou congratulated the CNDHC for
its achievements and the progress observed in Cabo Verde in terms of human rights.
She invited the CNDHC to work with the African Commission.
30. Honourable Commissioner Ms Soyata Maiga encouraged the CNDHC to continue
consolidating its achievements and progress made in promoting the rights of
women and girls. She invited the CNDHC to share its best practices in raising public
awareness and include the popularization of legal instruments in their public
outreach actions.
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3. Meeting with the Minister of Education and Sports
i.
The Minister of Education and Sports presented the education system in Cabo
Verde and informed the Delegation that the Republic of Cabo Verde has adopted
an education for all programme in compliance with the MDGs and in collaboration
with UNESCO and other key partners working in this area. The institutional and
policy framework established by the Government has yielded satisfactory results.
Primary education is free. Girls obtain the highest scores countrywide. In 2015, the
country has 475 primary schools and the overall literacy rate is 84.9% (89.7% for
men and 80.3% for women). After it gained independence, Cabo Verde regarded
education as a means to build and transform the nation. It is also a means for
elevating social status and improving the living conditions of the populations. The
general objectives of the education system as reflected in the 1990 Framework Act
on Education (LBSE) and restated in the new version adopted in 2010, include:
“comprehensive training for individuals from a global perspective, close linkage
between training curricula and the world of work, preservation of national
identity, and eradication of illiteracy”. The education system is implemented
throughout the country under the supervision of the Ministry of Education and
Sports.
4. Meeting with the Minister of Health
31. At the Ministry of Health, the Delegation enquired about the health situation in Cabo
Verde. Honourable Commissioner Ms Reine Alapini-Gansou requested specific
information on access to healthcare for populations, healthcare delivery for specific
groups including persons with disabilities and PLHIVs, and the involvement of civil
society in health policies. Honourable Commissioner Soyata Maiga emphasized the
need for the Government to ensure delivery of quality reproductive health services in
accordance with the provisions of the African Charter and the Maputo Protocol.
32. The Minister of Health indicated that the institutional and legal environment in the
Republic of Cabo Verde is conducive for the realization of the rights of populations to
healthcare.
She informed the Delegation that maternal and reproductive health
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indicator levels were quite satisfactory. In 2014, only one woman died of childbirth.
She specified for instance that abortions were legal and that deliveries and pre-natal
care were free. As a result, the Millennium Development Goals (MDGs) relating to
maternal health are nearly 100% attained.
33. Regarding the delivery of healthcare to PLHIVs, Ms Maria Cristina L.A Fontes Lima
underscored that there was no discrimination against any specific group. Over
twenty years after the first AIDS case was discovered in Cabo Verde, the archipelago
continues to be among the African countries with the lowest HIV prevalence rate
(0.8%). Contrary to the global trend as regards the increase in the prevalence rate
among women, men are three times more affected than women (the prevalence rate
among women is 0.4% and 1.1% among men). There is a 0.9% prevalence rate in
urban areas and 0.6% in rural areas. The mother-to-child transmission rate is 3%.
These results have been achieved through joint and coordinated efforts of the
Government, civil society and other stakeholders and partners in the public and
private sector.
34. Progress made in terms of healthcare and social coverage, and disease prevention
and management in general, has an impact at the political level in Cabo Verde. With
social indicators at satisfactory levels, international public aid has diminished
resulting in additional financing burdens on the national budget.
35. At this meeting with Ms Maria Cristina L.A. Fontes Lima, Acting Prime Minister, the
Delegation also discussed issues relating to collaboration with the Commission, in
particular, the delays in the submission of periodic reports under Article 62 of the
African Charter as well as the situation of migrants.
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36. In response, the Prime Minister stated that the Government had resolved the issue of
migrants by developing a social and economic integration policy. She assured that
the Government will address the issue of delays in the submission of periodic
reports in order to fulfil its obligations under the African Charter.
5. Meeting with the Minister of Interior
37. The Minister of Interior, Ms Marisa Helena Do Nascimento Morais, informed the
delegation that national and international legal instruments are fully incorporated
into the country’s strategy. The Ministry works in collaboration with other
ministries and programmes towards ensuring the right to security. This
collaborative approach is important in addressing collaboration with the population,
training and organisation of the national police with regard to human rights, specific
issues of gender and sexual violence, and collaboration with the youth. Police
reforms have led to the creation of special sexual violence units in police stations.
Several policies have been put in place to promote women’s access to employment.
6. Visit to the Judicial Police Directorate
38. The objectives of the visit were to inquire if the country’s police force meets human
rights requirements and if there is a human rights module in the various initial and
capacity-building training programmes for the police, and to be informed about the
level of women’s representation and the consideration given to their specific needs.
39. In response, the team of the Judicial Police Directorate indicated that there is no
policy specifically dealing with human rights within the police system. However, the
overall institutional and legal framework of Cabo Verde allows for human rights
promotion and protection to be taken into consideration. Initial and in-service training
programmes for police officers address human rights issues in general and
particularly those relating to sexual violence and protection of minors.
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40. On women’s representation, the Director indicated that the number of women
currently on the force was low, not as a result of discrimination but rather their lack of
interest in the profession. The Judicial Police Directorate works with a multidimensional network as part of efforts to implement its global policy on preventing
and responding to cases of sexual violence in the country.
7. Meeting with the United Nations Resident Coordinator
41. Following the presentation made by the Commission on its collaboration with the UN
system on a global level, Mrs. Vanilde Furtado informed the Delegation that the
Republic of Cabo Verde obtained satisfactory results with regard to the Millennium
Development Goals and is now considered a middle-income country. Significant
progress was made in promoting women’s rights and their participation in political
and economic affairs. The UN works with the Government to ensure gender
mainstreaming. The country has developed best practices in relation to gender
matters which can be shared with other African countries.
42. However, there are still challenges to be addressed. Poverty and inequality are factors
which undermine the Government's policies. The UN continues to work with the
Government to strengthen the institutional and policy framework. In this regard, UN
Women is developing a framework for collaboration with the National Assembly,
NGOs and other stakeholders. The Resident Coordinator noted that the country has
recently institutionalized the Office of the Ombudsman which will contribute to
facilitating human rights advocacy actions.
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8. Meeting with the Attorney-General
43. At this meeting, the Attorney-General provided the mission with information on the
organization of the judicial police and prison administration as well as on staff
training. His presentation can be summarized as follows:
i.
Based on the Constitution: “Justice is administered on behalf of the people by the
Courts and non-judicial conflict resolution bodies”. Article 211° 1 provides for
the independence of the Judiciary and their compliance with the Constitution
and laws of the country. Proceedings are, in principle, held in public.
ii.
Article 214 of the Constitution specifies the various types of courts: “In addition
to the Constitutional Court, the following have also been established: the
supreme court of justice, second circuit courts, first circuit courts, the court of
auditors, military court, and commercial courts”.
44. The Attorney-General is in charge of coordinating the judicial police, disseminating
laws and other normative instruments relating to prison administration, providing
counsel to the Minister of Justice and to the Government, preparing reports on
public prosecution activities, and ensuring the rule of law in the implementation and
supervision of prison administration. The Minister of Justice, judges and
parliamentarians participate in monitoring prison conditions. The National
Commission on Human Rights could also play a monitoring role, though it is yet to
intervene in this area.
9. Meeting with the Coordinator of the Law Programme at the Institute of Law
and Social Sciences
45. The Delegation met with the Coordinator of the Law Programme at the Institute of
Law and Social Sciences. During this meeting, the Delegation presented the African
Commission and its mechanisms. Subsequent to the briefing provided by the
Coordinator, the mission noted the need to integrate the African human rights
promotion and protection system into the training programme.
10. Meeting with the Cabo Verdean Institute for Gender Equity (ICIEG)
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46. Presentations were made during this visit on the Commission, the African Charter,
and the Maputo Protocol and its various components. The Delegation was provided
with information on the programmes and work of the ICIEG.
47. In 1994, Decree-Law 1/94 established the National Women’s Institute in charge of
promoting gender equality in all areas of social, economic and political life. In 2006,
the Institute was renamed Cape Verdean Institute for Gender Equality and Equity. Its
main objectives include: promoting exchanges, cooperation and consultation with
civil society organizations and developing effective policy measures for the
implementation of legislation on gender equality. Within the context of its 2008-2018
strategic plan, ICIEG supports initiatives relating to gender-responsive budgeting,
rehabilitation of victims and perpetrators of sexual violence, capacity strengthening
for women, communities, the National Assembly and other national institutions. The
actions of ICIEG helped to obtain specific legislative measures on women, the
reduction of inequalities, the establishment of a specific agency within the police force,
and foster behavioural change within communities, etc. ICIEG is currently faced with
challenges relating to inadequate human and financial resources due to decreasing
public funds.
11. Meeting with the Association of Women Lawyers and other NGOs
48. The Association of Women Lawyers indicated that though progress had been made,
there was still room for improvement in the area of promoting and protecting
women’s rights. Likewise, she specified that women’s representation in the
Government was satisfactory, but further progress could be made, particularly in
terms of their representation at the National Assembly level. She noted that despite
the policies and programmes being implemented, sexual violence still persists.
Further efforts should be deployed to improve the working conditions of women in
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general. The need for training on legal instruments relating to the promotion and
protection of women's rights was also identified.
49. Other civil society members at this working session presented an overview of their
work focusing on combatting violence and discrimination against women,
rehabilitation of victims of sexual violence, protection and empowerment of persons
with disabilities, etc.
Special emphasis was placed on the situation of visually
impaired persons; the latter are facing difficulties to access credit.
50. During this meeting, the Delegation sensitized civil society members on the
importance of collaborating with the African Commission. The mission provided
information on the possibility of obtaining observer status with the Commission,
participating in public sessions as well as in the activities of the NGO forum and other
meetings organized prior or in parallel to the sessions of the Commission.
12. Visit to the Praia Central Prison
51. The Commission delegation visited the Praia Central Prison and makes the following
observations:
i.
Conditions of detention generally conform to international standards, and
detainees are kept in different categories according to gender and age.
ii.
The Government authorises prison visits at all times for independent human
rights observers.
iii.
Prisoners have access to drinking water and food. There is adequate lighting
and healthcare in the prison.
iv.
Information on prison population
Total prison population
1,434
29.6%
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Remand detainees (in relation to the
prison population)
Percentage of women
4%
Number of prisons
5
Prison capacity
1176
Occupancy rate based on the official
121.9%
capacity
54. The delegation noted the need to renovate old facilities in order to meet modern
standards. It also noted that the prison system faces the risk of overcrowding.
Press conference
52. The Commission delegation held a press conference at the end of the mission during
which it gave the preliminary findings of the promotion mission.
Page 20 of 25
PART THREE
OBSERVATIONS AND RECOMMENDATIONS
I- OBSERVATIONS OF THE COMMISSION
1- Positive aspects
53. The Commission delegation notes with satisfaction the programmes, activities and
strategies implemented to promote and protect human rights in the country. The
delegation commends the Government of Cabo Verde for its political will and efforts
to promote and protect human and peoples’ rights, including the adoption of several
legislative and institutional measures and the establishment of institutions to
implement the relevant policies, plans and programmes with a positive impact on
the rights guaranteed by the African Charter and other regional and international
human rights instruments.
54. It was noted that significant progress has been made in the promotion of women’s
rights. The indicators are particularly encouraging in the areas of maternal health,
participation in public life, access to education and gender equality. There are holistic
programmes to support victims of sexual violence, and the initiative to rehabilitate
perpetrators of sexual violence is an example to be emulated.
55. Access to justice is guaranteed to all citizens without discrimination. The
Government has put in place policies and institutions to promote the enjoyment of
this right. The Constitution guarantees an independent judiciary, including in its
functioning and structure.
56. It was noted from the discussions with the various stakeholders that freedom of
expression, assembly and association enshrined in the Constitution is respected in
Page 21 of 25
practice. Access to the media is guaranteed for all citizens and political parties have
equal access to State and private media during elections.
57. In practice, the rights of migrants, refugees and asylum seekers are generally
respected. The Government works with the Office of the High Commissioner for
Refugees and other humanitarian organisations towards providing assistance to
refugees and asylum seekers. A social integration support programme is being
implemented and has helped to strengthen the protection of refugees, migrants and
asylum seekers. The Government has provided safeguards against the expulsion or
return of refugees to countries where their lives or freedoms may be at risk as a
result of race, religion, nationality, membership of a particular social group or
political opinion.
58. Basic education is free and compulsory, a policy which helps to ensure children’s
protection.
59. The Government has put in place measures to combat impunity and ill-treatment in
prisons.
60. The Republic of Cabo Verde has ratified most of the regional instruments and has
taken appropriate legislative measures for their implementation.
2- Areas of concern
61. The Republic of Cabo Verde does not comply with its obligation, under Article 62 of
the Charter, to present periodic reports to the African Commission.
62. The majority of the population faces the problem of access to housing, especially
women.
Page 22 of 25
63. Access to higher education is still a challenge for the poor.
64. Delays in the administration of justice contribute to prison population growth.
65. It was noted that despite the achievements made by the National Commission for
Human Rights and Citizenship, there is still need for the Government to strengthen
its independence and resources.
II. RECOMMENDATIONS
66. Following the conduct of the mission and taking into account the challenges
identified, the Commission makes the following recommendations:
THE GOVERNMENT:
▪
Ensure compliance with its obligations under the Charter, in particular the
obligation to present a Report, every two years, to the African Commission on
Human and Peoples’ Rights;
▪
Implement specific measures to address delays in the administration of justice
and minimise the risk of prison overcrowding in accordance with international
standards;
▪
Ensure the capacity-building of police officers and the recruitment of qualified
female police officers;
▪
Continue to increase women’s participation in decision-making processes;
▪
Continue to implement social and other schemes aimed at providing special
protection for women;
▪
Supplement prison services with a complete rehabilitation programme to
ensure the social reintegration of former prisoners and their contribution to
national development.
Page 23 of 25
NATIONAL COMMISSION FOR HUMAN RIGHTS AND CITIZENSHIP:
▪
Ensure that the NCHRC is an independent and autonomous institution with a
specific mandate in accordance with international standards;
▪
Improve the efficiency of the NCHRC by securing an adequate operational
budget;
▪
Strengthen the NCHRC’s human, technical and financial capacity for it to
effectively implement its mandate.
▪
Contribute to the popularisation of regional and international human rights
instruments through training and sensitisation programmes;
▪
Support the efforts made by the Government and other stakeholders for the
NCHRC to conform to international standards, in particular the Paris
Principles;
▪
Request for Affiliate Status with the Commission.
CIVIL SOCIETY ORGANISATIONS:
▪
Work with the available networks towards the promotion and protection of
human rights.
▪
Increase the level of information and experience sharing through the creation of
thematic networks;
▪
Contribute to the popularisation of human rights promotion and protection
instruments through general sensitisation, information and training campaigns;
▪
Take the necessary steps to obtain an Observer Status with the African
Commission;
▪
Share best practices in the area of gender and equality.
UNITED NATIONS SYSTEM:
▪
Organise workshops for public sector stakeholders and civil society
organisations on regional and international human rights instruments;
Page 24 of 25
▪
Continue to support the Government’s efforts to promote human rights and
consolidate democracy;
▪
Support
the
human
rights
awareness-raising
activities
and
training
programmes of NGOs;
▪
Continue to provide the Government with the necessary financial, material and
technical resources for the promotion and protection of human rights.
67. In conclusion, we call on the Government to take the necessary measures to
implement
the
recommendations
contained
Page 25 of 25
in
this
report.