Committee on the Protection of the Rights of All

Migrant Workers and Members of Their Families

Twenty-third session

Summary record of the first part (public)* of the 292nd meeting

Held at the Palais Wilson, Geneva, on Monday, 31 August 2015, at 3 p.m.

Chairperson:Mr. Carrión Mena

Contents

Consideration of reports submitted by States parties under article 73 of the Convention

Consideration of the situation in Cabo Verde in the absence of a report

The meeting was called to order at 3.05 p.m.

Consideration of reports submitted by States parties under article 73 of the Convention

Consideration of the situation in Cabo Verde in the absence of a report

The Chairperson said that, in the absence of an initial report or a delegation from the State party, one of the country rapporteurs would comment on the situation of migrants in Cabo Verde.

Mr. Núñez-Melgar Maguiña (Country Rapporteur) said that the Committee had received scant information about the situation in Cabo Verde, even from non-governmental sources. He nevertheless wished to raise a number of issues that should be brought to the State party’s attention. He expressed concern that the provisions of the Convention had not been effectively incorporated into domestic legislation, especially with regard to labour, social security, protection for vulnerable groups, and, given that Cabo Verde was a transit country for migrants, assistance and protection for migrants at border crossings. He would appreciate information on the outcome of the investigations into the clashes which had taken place from 2002 to 2005 between law enforcement officials and migrants from West Africa that had resulted in a number of deaths, and on any reparation granted. He would also appreciate statistics on the migratory flow from that region.

He asked what measures had been adopted to incorporate the Convention relating to the Status of Refugees into domestic legislation, particularly since the State party had ratified the African Union Convention Governing the Specific Aspects of Refugee Problems in Africa, which gave precedence to the Refugee Convention.

He also asked what steps had been taken to engage the public prosecution services, the police, health-care professionals and schools in initiatives to combat child prostitution and trafficking in Cabo Verde. He was concerned that trafficking of persons was not defined as an offence in the Criminal Code and that the national plan for gender equality did not cover women victims of trafficking. Were there any plans to draft agreements to strengthen anti-trafficking measures?

He enquired whether there were data on migratory flows to the main destination countries for Cabo Verdean migrants, such as Angola, Guinea and the United States of America, with a view to monitoring those flows and designing support programmes for the migrants concerned. What roles did the relevant embassies and consulates play in that regard?

He further enquired what mechanisms existed allowing for civil society involvement in defending the rights of labour migrants and how the criminal and civil responsibility of employment agencies in Cabo Verde was established with regard to the unfair treatment of Cabo Verdean migrant workers. Was the Convention ever invoked in domestic courts, particularly in decisions concerning the rights of labour migrants?

He requested information on the procedural safeguards in place in detention centres and prisons, on detention conditions, and on the application of the Vienna Convention on Consular Relations with regard to the detention of migrants in the State party. Lastly, he asked whether comprehensive training was provided for public officials on the rights of migrants, and what procedures had been established to enable foreign migrants to regularize their employment and resident status.

The Chairperson said that those comments would be given due consideration.

The public part of the meeting rose at 3.20 p.m.