Author : CNDHC
Site of the publication : cndhc.org
Type of the publication : Report
Date of the publication : 2023
Introduction
The State of Cape Verde has already undergone three review cycles under the Universal Periodic Review, in 2008, 2013 and 2018. As the evaluation under the 4th cycle approaches, the National Commission for Human Rights and Citizenship (CNDHC), a national human rights institution, endowed with administrative, financial and capital autonomy and with powers in human rights, citizenship and international humanitarian law, takes this opportunity to submit its contribution within the scope of the evaluation of the State of Cabo Verde, to take place in November 2023.
National context of the universal periodic review
The Universal Periodic Review Mechanism (UPR) has recently received special attention from different authorities and organizations, namely with regard to the need for greater dissemination at national level and greater participation in the process. The CNDHC has promoted a broad knowledge of it, either through meetings intended to awareness raising or through production of spots to enable a better understanding of the mechanism, its advantages and the ways to engage the various stakeholders.
In December 2022, the CNDHC held an awareness-raising seminar on the UPR, with Government entities and civil society. A spot has been produced to diffuse on public television information about the UPR and calling for engagement and participation within the scope of the fourth evaluation cycle. In addition, the CNDHC has provided technical support to the Interministerial Commission responsible for preparing the Government Reports, both in terms of training and clarifications to ensure compliance with the State’s obligations in this field.
National institution of human rights and national prevention mechanism
The National Commission for Human Rights and Citizenship (CNDHC), was created in 2004, through Decree-Law No. 38/2004 of October 11. Since its establishment, it has widely promoted human rights at the national level, through trainings, sessions in schools, communities, publications on its social network and on the website and in various contexts through the production of videos and informative spots, in several formats. In addition, it receives complaints of human rights violations, giving all due treatment and referral.
Since 2018, the CNDHC has also worked as a National Mechanism for the Prevention of Torture (MNP), according to Resolution No. 98/2018 of September 24, conducting visits to detention centres or any form of arrest or imprisonment and preparing reports with recommendations on measures to be adopted to improve the current framework of respect for human rights in the country and prevent torture and cruel, inhuman or degrading treatment.
For the proper and effective performance of its tasks, both as a National Human Rights Institution and as MNP, it’s necessary to invest in sufficient and appropriate resources.
The institutional reality has showed the need and urgency to approving a new staff framework for CNDHC and improving the working conditions of its technical team. The CNDHC has been in dialogue with the Government in order to accelerate the compliance process of its Statutes with the Paris Principles, and this matter has received attention from the Government, which has guaranteed that, later this year, the process will be completed.
Although the resources are insufficient, the CNDHC and the MNP have been able to respond favorably to their tasks, with the international and regional partners support.
Since 2018, the CNDHC has also worked as a National Mechanism for the Prevention of Torture (MNP), according to Resolution No. 98/2018 of September 24, conducting visits to detention centres or any form of arrest or imprisonment and preparing reports with recommendations on measures to be adopted to improve the current framework of respect for human rights in the country and prevent torture and cruel, inhuman or degrading treatment
Non-discrmination
The Constitution of the Republic of Cabo Verde enshrines in its Article 24 the principle of equality, but does not deal with all situations may result into unequal treatment.
The CNDHC prepared and published the Diagnostic Study on the Social and Legal Situation of LGBTI Persons in Cabo Verde, with the aim of better understanding the reality of these people and contributing to the reinforcement of public policies in this field.
One of the recommendations of the Study was for the approval of an antidiscrimination law. It was in this context that the CNDHC prepared and delivered to Parliament a proposal for an anti-discrimination law and has carried out awarenessraising actions with the authorities, for its discussion and approval.
Recommendations
- Speed up the process of approving the anti-discrimination law;
- Give special attention in the context of defining of public policies to particular groups that have been most affected by discrimination, such as LGBTI people, people with mental illness, people with disabilities and immigrants.
Persons with disabilities
The Government of Cabo Verde has taken measures to ensure better protection and promotion of the rights of persons with disabilities.
In 2022, it approved Ordinance No. 56/2022, of December 5, which establishes the technical conditions for the installation and operation of Care Centers for People with Disabilities, in a situation of dependence, aiming to provide a set of services to people with disabilities, namely support and to attend to the needs of daily living, medical assistance and recreational activities, which contribute to keep them in their socio-family environment.
One of the recommendations of the Study was for the approval of an antidiscrimination law. It was in this context that the CNDHC prepared and delivered to Parliament a proposal for an anti-discrimination law and has carried out awarenessraising actions with the authorities, for its discussion and approval
Despite the many efforts made by the Government, challenges remain in the implementation of the provisions of the Convention on the Rights of Persons with Disabilities.
Notable amongst those are the difficulty to access many public places such as schools, health services, leisure activities facilities due to their inadequacy for persons with motor impairment. It also highlights the difficulty in accessing information since the informative contents, documents and other means for dissemination of information are not adapted to people with disabilities.
People with disabilities who are in prisons, although in very small numbers, face serious problems, reducing their autonomy, since the structures are not adapted to their needs.
Recommendations
- Strengthen the inspection of construction works and ensure they are accessible to people with disabilities;
- Promote and encourage that, gradually, the content broadcast by public or private media are accessible to persons with disabilities;
- Ensure that textbooks and other education and training materials are adapted to the needs of persons with disabilities;
- Create mechanisms to ensure the adaptation of public transport, making it accessible to people with disabilities;
- Create the conditions to ensure that public bodies, particularly prisons may be adapted to the needs of persons with disabilities;
- Ratify the Optional Protocol to the Convention on the Rights of Persons with Disabilities.