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TITLE: CAPE VERDE HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
CAPE VERDE
Following the free elections of 1991 and the constitutional
revision of 1992, Cape Verde continued its efforts to
strengthen democratic institutions in 1993. Dr. Antonio
Mascarenhas Monteiro, an independent, remained as President,
sharing constitutional powers with the Prime Minister, Dr.
Carlos Wahnon de Carvalho Veiga, and his party, the Movement
for Democracy (MPD), which controlled the National Assembly.
A new police force, which has been separated from the military,
has primary responsibility for maintenance of law and order It
is controlled by, and responsive to, civilian governmental
authority. There were no reported human rights abuses by
security forces.
Cape Verde has few exploitable natural resources except for an
attractive climate, a hardworking population (350,000), and a
strategic geographic position. Cape Verdeans have a long
history of economically driven emigration, primarily to Western
Europe and the United States, and receipts from Cape Verdeans
abroad are important sources of national income. Cape Verde
can produce food for only 25 percent of its population, even in
years of optimum rainfall. Because of this, the country
continues to rely heavily on international food aid. The
National Assembly has adopted legislation to privatize Cape
Verde's state-owned enterprises and to facilitate foreign
investment, but 1993 brought limited progress.
The Constitution provides strong guarantees for human rights,
and it includes the principles of separation of powers, a
political system based on individual rights and liberties, and
a market-based economy. Cape Verdeans enjoy a wide range of
civil and political liberties. The principal human rights
problems in 1993 were societal discrimination and domestic
violence against women.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reported instances of political or other
extrajudicial killings.
b. Disappearance
There were no reports of disappearances.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
There were no allegations or reported occurrences of torture or
other cruel, inhuman, or degrading treatment or punishment.
d. Arbitrary Arrest, Detention, or Exile
Cape Verdean law requires that the accused be brought before a
judge to be charged within 24 hours of arrest. A person may
not be arrested without a court order unless caught in the act
of committing a felony. In exceptional cases, and with the
concurrence of a court official, the formal charge process may
be delayed up to 5 days after the arrest. These laws are
observed in practice.
For crimes against state security, the Ministry of Justice has
40 days to prepare the case for a trial, and the accused may be
incarcerated until the trial or for a period not to exceed a
year. There is a functioning system of bail.
There were no known instances of security detentions or forced
exile for political or other reasons.
e. Denial of Fair Public Trial
The judicial system is composed of the Supreme Court and the
regional courts. There are five Supreme Court judges,
including one who is appointed by the President of the
Republic, one appointed by the National Assembly, and three
appointed by the High Council of Magistrates. Defendants enjoy
a presumption of innocence. Trials are public; they are
conducted by one judge and without a jury. Evidence suggests
that the courts protect individual rights in criminal cases.
The autonomous Institute for Judicial Support, to which most
private lawyers belong, provides free counsel for indigent
defendants. The defense is permitted to present witnesses and
has access to government evidence. Verdicts may be appealed.
Regional courts adjudicate minor disputes on the local level in
rural areas. The local judges, appointees of the Ministry of
Justice and Labor, usually are prominent local citizens. As
older judges retire, the Government appoints local judges
with higher levels of education. Regional court decisions may
be appealed to the Supreme Court.
The Government did not take any new initiatives to relieve the
overburdened judicial system, and the courts continued to
experience a backlog of cases. The average time for a case to
come to trial is in excess of 6 months.
There were no known political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution recognizes citizens' rights to the
inviolability of domicile, correspondence, and other means of
communication. These rights are respected. The law requires
that warrants be issued by a judge before homes may be searched.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of citizens to express
ideas by words, images, or any other means and for freedom of
the press without censorship. These freedoms are respected in
practice. Journalists are independent of the Government and
are not obliged to reveal their sources. No authorization is
needed to establish newspapers, other publications, or
electronic media.
The government-owned newspaper, Novo Jornal de Cabo Verde,
reopened in March as a biweekly after restructuring to cut
costs. Together with the government-owned radio and television
stations, the Jornal gave balanced coverage to domestic and
international events and to opposition viewpoints. Independent
newspapers also enjoyed full freedom of the press without
censorship. The national radio station broadcasts live
National Assembly sessions in their entirety.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for freedom of peaceful assembly and
association without authorization and without harassment by
authorities.
c. Freedom of Religion
The Constitution requires the separation of church and state
and prohibits the imposition of religious beliefs and
practices. It provides for freedom to exercise individual or
group religion and to express one's faith. About 80 to 90
percent of the population, including much of the Government
leadership, is nominally Catholic. There are no restrictions
on resident foreign clergy or on the numerous and diverse
religious groups represented in Cape Verde.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no extraordinary legal or administrative restrictions
on travel or residence in Cape Verde. Historically, emigration
has been an important and government-supported means to escape
harsh economic conditions. The Government maintains an office
to serve intending emigrants and maintains close contact with
emigre communities. It also encourages Cape Verdeans living
abroad, including dual nationals, to maintain ties with their
homeland. Repatriation is a constitutional right and is not
discouraged by the Government. Acquiring dual nationality,
which is a right protected by the Constitution, is not a ground
for revocation of citizenship.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens have this right. In January 1991, after 15 years of
one-party rule, power was transferred peacefully through
democratic elections to an opposition party which won the
country's first free legislative and presidential elections.
Promulgation of the new Constitution in 1992 consolidated this
change.
The Constitution provides for separation of powers. Government
ministers are not required to be members of the National
Assembly, but they are subject individually to parliamentary
confirmation. Collectively, they must retain the support of a
parliamentary majority. The Government may be dismissed by the
President, with the approval of the Council of the Republic.
This Council is composed of the President of the National
Assembly, the Prime Minister, the President of the Supreme
Court, the Attorney General, the President of the Regional
Affairs Council, and four private members. Two of the private
members are appointed by the President, and two are appointed
by the National Assembly. Referendums may be held under
specified circumstances, but they may not challenge individual
political rights and liberties or the right of opposition
parties to exist and function freely. No referendums were held
in 1993.
There are no restrictions in law or practice regarding the
rights of women or minorities to vote or to participate in the
political process. Cape Verde's Parliament is 7.6 percent
female; there are 2 female ministers out of 13 government
ministers.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
While there are no official restrictions on their formation, to
date no private groups have been established to monitor and
report on human rights. In late 1991, the Government
established a human rights commission with the objective of
raising popular consciousness about human rights and the need
to respect them at the institutional level. The commission was
largely inactive in 1993.
The Government cooperates fully with representatives of foreign
private human rights organizations. Human rights organizations
made no known visits to Cape Verde in 1993.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Racial discrimination is not a problem in Cape Verde where the
vast majority of the population shares mixed Portuguese and
African ancestry.
Women
Despite constitutional prohibitions against sex discrimination
and provisions for full equality, including equal pay for equal
work, traditional male-oriented values predominate; women
experience difficulties in obtaining certain types of
employment and are often paid less than men. Women comprise 38
percent of the work force, and make up more than 50 percent of
the workers in business, hotels, restaurants, social services
and administrative positions. Roughly the same percentages of
males and females attend universities and secondary schools;
0.7 percent of women hold university degrees (compared with 0.8
percent for the total population) and 14.3 percent hold
secondary school certificates (compared to 13.8 percent for the
total population).
There was some improvement in employment opportunities for
women as evidenced by the increasing presence of women in the
upper echelons of government and among law and medical
professionals.
Domestic violence against women, including wife beating,
remains common, particularly in the rural areas. Crimes such
as rape and spouse abuse are rarely brought to the attention of
the police or tried in the courts. While neither the
Government nor women's organizations have addressed directly
the issue of violence against women, the Ministry of Health and
Social Affairs has undertaken to publicize civil and human
rights of both women and children through an extensive campaign
which includes public service programming on television and
radio as well as a widespread poster campaign.
Children
Child abuse is a continuing problem in Cape Verde. The
Government is concerned about children's welfare and has
mounted a public relations campaign to educate both children
and parents about the dangers of child abuse and the rights of
individuals. Few cases are prosecuted, but, if a complaint is
filed and found to warrant intervention, children can be
removed from their parents' homes and placed in an orphanage.
People with Disabilities
Physically disabled persons are not subject to discrimination
in employment or education, and a campaign is under way to
educate the public about the capabilities of the disabled for
employment. There is no government mandate for access to
public buildings for the disabled, thereby limiting access to
some public services, but the Government attempts to provide
transportation (a combination wheelchair and three-wheel motor
scooter) for handicapped persons.
Section 6 Worker Rights
a. The Right of Association
All workers are legally free to form and to join unions of
their own choosing without government authorization or
restriction. There are no reliable figures for union
membership available. There are two umbrella union
associations in Cape Verde: the Council of Free Labor Unions
(CCLS), formed after the change in government, and the National
Union of Cape Verde Workers (UNTC-CS), formed and controlled by
the former ruling party. The Government did not interfere with
the activities of these organizations, but both suffer from a
lack of funding.
The Constitution provides union members the right to strike,
and there are no restrictions on this right. There were
periodic strikes, most frequently in state-owned enterprises.
An employer must reinstate a worker fired unjustly. Unions are
free to affiliate internationally.
b. The Right to Organize and Bargain Collectively
The Constitution provides to unions the right to organize and
operate without hindrance and specifically gives unions the
right to sign collective work contracts. Workers and
management in the small private sector, as well as in the
public sector, reach agreement through collective bargaining.
As the country's largest employer, the Government continues to
play the dominant role by setting wages in the civil service.
It does not fix wages for the private sector, but salary levels
for civil servants provide the basis for wage negotiations in
the private sector.
A legislative decree of November 1991 bans antiunion
discrimination by employers and provides that fines may be
levied on offenders. There were no reported cases of such
discrimination in 1993.
Cape Verde has no export processing zones.
c. Prohibition of Forced or Compulsory Labor
Forced labor is forbidden by law and is not practiced.
d. Minimum Age for Employment of Children
The legal minimum age for employment is 14. Although children
under 16 are prohibited from working at night, more than 7
hours per day, or in establishments where toxic products are
produced, the law is rarely enforced. The Director General of
Labor in the Ministry of Justice and Labor is responsible for
enforcing minimum age laws. In practice, however, minimum age
laws are enforced only in the mainly urban formal sectors of
the economy and then only with limited success.
e. Acceptable Conditions of Work
There are no established minimum wage rates in the private
sector. Large urban private employers link their minimum wage
rates to those paid to civil servants, which for an entry level
worker is $180 (15,000 Cape Verdean escudos) per month. The
majority of jobs pay insufficient wages to provide a worker and
his family a decent standard of living; therefore, most workers
must rely on a combination which includes second jobs, extended
family help, and subsistence agriculture.
The maximum legal workweek for adults is 44 hours. While large
employers generally respect these regulations, many employed in
domestic service or by small employers in rural areas do not
enjoy legally mandated work conditions.
Rural laborers are largely uninformed of workers' rights, and
these rights frequently are not respected. In 1992 the
Director General of Labor established a small department in the
Ministry of Justice and Labor dedicated to the protection of
rural laborers.
All enterprises must submit a yearly report to the Director
General of Labor with information on each employee's wages and
days of leave. Although the reports provide the Government
with current information on employment practices, they are not
used as a control mechanism. Nevertheless, the Director
General does carry out periodic inspections to ensure that
employers adhere to correct labor practices and imposes fines
on private enterprises which are not in conformity with the
law. There is no overall safety and health code, although some
regulations exist in this area. The Director General of Labor
is responsible for enforcing labor regulations. However, Cape
Verde has few industries that employ heavy or dangerous
equipment, and work related accidents are rare. Consequently,
there is no systematic government enforcement of labor laws. (###)
[end of document]
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