Rape and Domestic Violence: Rape of men and women is a crime punishable by eight to 16 years’ imprisonment, and domestic violence is punishable by one to five years’ imprisonment. Spousal rape is implicitly covered by the gender-based violence law; penalties for conviction range from one to five years’ imprisonment. The law focuses on increasing protection of victims, strengthening penalties for convicted offenders, and raising awareness regarding gender-based violence. The law calls for establishing several care centers, with financial and management autonomy, but implementation lagged due to inadequate staffing and financial resources. Violence and discrimination against women remained significant problems.
During the year several reports of femicide rocked the country, including an August case in Santo Antao in which a 34-year-old man killed his 19-year-old girlfriend. The couple had a four-year-old child, indicating the relationship began before she attained the age of consent of 16.
The National Police accompanied victims of sexual and gender-based violence to the hospital and escorted them to their homes to collect their belongings. Police officers helped victims go to a location where they believed they would be safe (often a family member’s home; there were only two official shelters, in Praia and Tarrafal de Santiago). Victims’ rights organizations stated police officers were sometimes not fully supportive or sensitive to the problems victims faced. Very often victims returned to their abusers due to economic and social pressures. In February a 31-year-old man killed his 21-year-old girlfriend and then himself on Fogo; there were at least three reports of similar homicide-suicides on Fogo during the year.
The government enforced the law against rape and domestic violence somewhat effectively. Nongovernmental sources lamented the lack of social and psychological care for perpetrators and survivors alike. The Cabo Verdean Institute for Equality and Equity of Gender (ICIEG) coordinated with the Attorney General’s Office in an effort to provide for all cases of sexual and domestic violence to be heard within 180 days of the filing of charges and reduce the number of perpetrators remaining with their victims while awaiting trial.
Sexual Harassment: The penal code criminalizes sexual harassment. Penalties for conviction include up to one year in prison and a fine equal to up to two years of the perpetrator’s salary. Although authorities generally enforced the law, sexual harassment was common and widely accepted in the culture.
Coercion in Population Control: There were no reports of coerced abortion or involuntary sterilization.
Discrimination: The law provides for the same legal status and rights for women as for men, and the government somewhat enforced the law. Cultural norms and traditions, however, imposed gender roles that hindered the eradication of gender-based discrimination.
Women suffered discrimination in equal pay for equal work. Women often worked in informal jobs and lacked access to social security. The ICIEG launched a campaign with domestic workers to push for inclusion in the country’s social security system. Women, especially the working poor, struggled to maintain their professional independence when they had children. Fathers were often not present in the nuclear family. Additionally, when girls got pregnant while still in school, they nearly always dropped out and did not finish their education.
Birth Registration: Citizenship is derived from one’s parents or grandparents or by birth within the country if the parents have been legal residents for five years. When those conditions are not met, and if the child does not receive citizenship from the country of at least one of its parents, the parents would need to get a lawyer to petition for an exception. Birth registration was not denied or provided on a discriminatory basis. Failure to register births did not result in denial of public services. For additional information, see Appendix C.
Education: The government provided tuition-free and universal education for all children through the eighth grade. Education is compulsory until age 15. Secondary education was tuition-free only to children whose families’ annual income was below 147,000 escudos ($1,580). School is tuition-free from preschool through higher education for children with disabilities in both public and private schools. The government subsidizes kindergarten fees through municipal governments.
Child Abuse: Laws prohibit physical, psychological, and moral violence against children, including sexual violence, but these remained problems. Penalties for child abuse include two to eight years in prison for sexual abuse of a child under age 14, increasing from five to 12 years if the abuse included penetration. Those found guilty of engaging in transactional sex with a minor under age 18 faced two to eight years in prison, four to 12 years if the sex involved penetration. The government tried to combat it through a national network that included the Cabo Verdean Institute of Childhood and Adolescence (ICCA), various police forces, the Attorney General’s Office, hospitals, local civil society organizations, and health centers. The government attempted to reduce sexual abuse and violence against children through several programs such as Dial a Complaint, the Children’s Emergency Program, Project Our House, Welcome Centers for Street Children, Project Safe Space, and the Project Substitute Family. ICCA services, however, were not permanently present on every island, and ICCA employees struggled to meet the needs of the local populations.
Legislation passed in 2015 enabling anyone who became aware of sexual violence against a child under age 14 to report the crime began to take root, and complaints increased during the year, most notably on the tourist island of Sal, although the majority of cases did not involve tourists. A string of highly public cases in which alleged perpetrators were released on bail provoked increasingly sharp criticism from the public. The ICCA provided care for the child victims, but perpetrators and alleged perpetrators received no interventions or care while awaiting trial or while in prison. Child abuse cases can linger for years in the judicial process, often leaving child victims in the same homes as their abusers.
Early and Forced Marriage: The legal minimum age of marriage is 18. For additional information, see Appendix C.
Sexual Exploitation of Children: The law punishes those that foment, promote, or facilitate “prostitution” or sexual exploitation of children age 16 and under with a penalty if convicted of four to 10 years’ imprisonment. If the victim is age 17 or 18, the penalty is two to six years’ imprisonment, which is inconsistent with international law on trafficking in persons. The law punishes those who induce, transport, or provide housing or create the conditions for sexual exploitation and commercial sexual exploitation of children age 16 and under in a foreign country with a penalty if convicted of five to 12 years’ imprisonment. If the victim is age 17 or 18, the penalty for conviction is two to eight years’ imprisonment. The law prohibits the use of children under age 18 in pornography, with penalties for conviction of up to three years’ imprisonment. The minimum legal age for consensual sex is 16. Sexual relations with a child under age 14 are considered a public crime and invoke mandatory reporting from anyone who becomes aware of the crime. Between ages 14 and 16, sexual relations are a semipublic crime and may be reported by any involved party (the minor or the minor’s parents or guardians). Sexual abuse was widely reported around the country. Alleged perpetrators often were released from detention pending trial. There were numerous unconfirmed reports of tourists engaging in transactional sex with minors and of minors engaging in prostitution for money or drugs.
The government also continued efforts to prevent the sexual exploitation of children through a national coordinating committee and the development of a code of ethics for the tourism industry. In July the Ministry of Justice and Labor swore in members of its Observatory for Monitoring and Rapid Identification of Trafficking in Persons, which includes numerous government agencies and had a key role in coordinating responses to child sex exploitation.
International Child Abductions: The country is not a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. See the Department of State’s Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html.
The Jewish community was very small, and there were no reports of anti-Semitic acts.
Trafficking in Persons
See the Department of State’s Trafficking in Persons Report at www.state.gov/j/tip/rls/tiprpt.
Persons with Disabilities
The law prohibits discrimination against persons with disabilities, and the government generally enforced these provisions, with problems remaining in a number of areas. For example, physical accessibility, communication means, and public transport appropriate for persons with disabilities often were lacking. The government worked with civil society organizations to implement programs to provide access for wheelchair users, including building ramps to enhance access to transportation and buildings.
According to the Ministry of Family and Social Inclusion, the ministry enrolled and subsidized children and youths with special educational needs in primary, secondary, and higher education. Persons with intellectual or mental disabilities, as determined by the Ministry of Health, are not allowed to vote, according to the National Commission for Elections, if they are deemed not to have the mental capacity to exercise that right. Crimes against persons with disabilities were investigated and processed when they were reported.
Many child victims of sexual abuse were persons with mental disabilities. Police investigated their cases with the same care they used on other cases.
The government has a quota system for granting scholarships and tax benefits to companies that employ individuals with disabilities. Nongovernmental organizations recognized these measures as partially effective in better integrating these citizens into society but also noted nonenforcement and inadequate regulations were obstacles.
Public television station Cabo Verde Television, through a partnership with the CNDHC, Handicap International, and the Cabo Verdean Federation of Associations of People with Disabilities, included in its nightly news program a sign language interpreter for deaf persons able to sign.
The law stipulates a quota of 5 percent of educational scholarships be allocated to persons with disabilities, but this quota was not reached.
Acts of Violence, Discrimination, and Other Abuses Based on Sexual Orientation and Gender Identity
Antidiscrimination laws exist, and state employers may not discriminate based on sexual orientation, family situation, habits and dress, health status, or membership or nonmembership in any organization. Laws prohibit discrimination in the provision of a good or service, exercising normal economic activities, and employment. The government generally enforced these laws; penalties for discriminating were up to two years in prison or a fine equal to 100-300 days’ salary. Laws do not prohibit consensual same-sex sexual conduct among adults. Persistent discrimination existed as the norm for the lesbian, gay, bisexual, transgender, and intersex (LGBTI) community and generally took the form of public mockery and appearance-based discrimination.
During the year the country joined the Equal Rights Coalition (ERC). The ICIEG director attended the ERC ministerial meeting in Vancouver and agreed the country might be able to use its platform within the CPLP to advance LGBTI human rights.