Anaya Nolan
Cape Verde, officially known as the Republic of Cabo Verde, is an archipelago of volcanic origin located in the central Atlantic Ocean, approximately 570 kilometres off the coast of West Africa. The country has a stable democratic system, with free and fair elections, a free press, and a legal system that respects the rule of law. The recognition of common-law marriage in Cape Verde is an interesting aspect of its legal system. While legal and church weddings are uncommon, a couple is considered to be in a common-law marriage after cohabiting for four years. This is in contrast to the more traditional practice of a woman leaving her family's home to live with her boyfriend, often after becoming pregnant.
| Characteristics | Values |
|---|---|
| Political System | Stable democracy |
| Governance | Democratic |
| Nationality Law | Regulated by the Constitution of Cape Verde, the Nationality Act, and its revisions, and various international agreements |
| Independence | Gained independence from Portugal in 1975 |
| Equality | Citizens' equality before the law, without distinction of social origin or economic situation, race, sex, religion, political or ideological convictions, and social condition |
| Civil Rights | Right to protect one's reputation, privacy, personal identity, civil rights, name, honor, and personal and family privacy |
| Freedom of Religion | Freedom of conscience, religion, and worship |
| Separation of Church and State | Yes |
| Prison System | Poor conditions, severely overcrowded, with about 600 inmates and a rate of about 150 per 100,000 population |
| Human Trafficking | A thriving business, with illegal trafficking in economic emigrants to Europe |
| Drug Trafficking | Transshipment point for illicit drugs from Latin America and Africa |
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What You'll Learn
Cape Verde's democratic system
Cape Verde, or Cabo Verde, is a stable democracy with a strong commitment to good governance and a robust civil service. The country has a population of around 500,000 people spread across nine islands in the Atlantic Ocean, and its unique history has influenced the development of its democratic system.
Cape Verde gained independence from Portugal in 1975 as a one-party state under the African Party for the Independence of Guinea and Cape Verde (PAIGC). In 1980, the party dropped its reference to Guinea and became known as the PAICV. During the 1980s, there was some liberalisation within the context of the single-party state, and in 1990, the PAICV called an emergency congress to discuss proposed constitutional changes to end one-party rule. This led to the country's first multiparty elections in 1991, which were won by the newly formed Movement for Democracy (MpD).
Cape Verde's constitution, last revised in 1992, enshrines a wide range of rights, liberties, and guarantees for its citizens. It establishes a democratic state with a balance of power between various national institutions, including a strong and independent judiciary, and local authorities who are elected by the communities they serve. The constitution also upholds the rights of foreigners and immigrants, although darker-skinned Cape Verdeans do still face discrimination and colourism.
Cape Verde's elections have been considered free and fair, and the country enjoys a free press and a strong rule of law. The President is the head of state and is elected by popular vote for a five-year term, while the Prime Minister, as head of government, is nominated by the National Assembly and appointed by the President. The National Assembly has 72 members, elected for a five-year term by proportional representation.
Cape Verde has consistently been ranked highly in terms of democratic performance, especially compared to other countries with similar economic and social situations. The country's sustained commitment to good governance and professional civil service has ensured stability in the transition between democratic and non-democratic periods and in the alternation of power between political parties.
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Marriage and divorce laws
In Cape Verde, legal and church weddings are uncommon. Women often leave their family homes to move in with their boyfriends, often when they become pregnant. After four years of cohabitation, a relationship acquires the status of common-law marriage.
In Cape Verde, there is only civil marriage. Religious marriage is allowed, but it must be authorised by a conservatory. Marriage is permitted between nationals and between a national and a foreigner. In the latter case, the foreigner must present a certificate of marital capacity. There are some matrimonial impediments, such as previous marriages that have not been dissolved and registered, and notorious dementia.
The legal age of marriage for girls and boys is 18 years old. However, a parent or guardian can authorise the marriage of a minor under the age of 18 but over the age of 16. In exceptional circumstances, minors under the age of 16 can be married off if an official request is made by a legal authority.
Cape Verde has committed to ending child, early, and forced marriage by 2030. The country has co-sponsored several UN General Assembly resolutions on child, early, and forced marriage. In 2019, the CEDAW Committee expressed concerns about the practice of early de facto unions, affecting girls as young as 12 years old. The Committee recommended that Cape Verde amend its Civil Code to prohibit these unions and implement awareness-raising measures.
Divorce is not common in Cape Verde, as it is often not allowed by women. Divorce Certificates are issued by the Conservatoria dos Registos on the island where the divorce was decreed.
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Nationality law
Cape Verde, officially known as the Republic of Cabo Verde, is an archipelago of volcanic origin located in the central Atlantic Ocean, approximately 570 kilometres off the coast of West Africa. It is recognised for its democratic governance and stable political environment.
The nationality law of Cape Verde is regulated by the Constitution of Cape Verde, the Nationality Act, and various international agreements to which the country is a signatory. Cape Verdean nationality is typically obtained under the principle of jus sanguinis, i.e. by birth in Cape Verde or abroad to parents with Cape Verdean nationality. It can also be granted to persons with an affiliation to the country or to permanent residents who have lived in the country for a given period of time through naturalisation.
The history of Cape Verde as a Portuguese colony has influenced its nationality laws. Under the Ordinances of Manuel I (Portuguese: Ordenações Manuelinas), compiled by Portugal in 1521, courts were given leeway to interpret common law and local custom in territories without established High Courts. Nationals were defined as those born in Portuguese territory, and leaving the territory without the sovereign's permission was grounds for denaturalisation. Portuguese women who married foreigners lost their nationality unless they would become stateless, and they could only reacquire Portuguese status if the marriage terminated and they lived in Portugal.
In 1974, Portugal signed an agreement for Cape Verde's independence, and in an attempt to settle the nationality question of those in the new countries, Portugal promulgated Decree-Law 308/75 in 1975. This legislation assumed that Cape Verdeans and others born in the colonies would become nationals of the new countries unless they declared a preference to retain their Portuguese nationality. The Nationality Law (Decreto-7 Lei no.71/76), adopted on 24 July 1976, provided for the equal acquisition of nationality for spouses and children of Cape Verdean nationals. Children born anywhere to Cape Verdean parents had Cape Verdean nationality, as did children born in the country to foreigners (excluding diplomats) and children who would otherwise be stateless.
Cape Verde's Constitution of 1980 (revised in 1992) states that no native-born Cape Verdian may be deprived of nationality or the prerogatives of citizenship. It also guarantees civil rights and equality before the law, regardless of social origin, economic situation, race, sex, religion, or political or ideological convictions.
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Prison conditions
Cape Verde is a democratic state with a strong list of rights, liberties, and guarantees for its citizens. The country's constitution recognises citizens' equality before the law, without distinction to social origin or economic situation, race, sex, religion, political or ideological convictions, and social condition.
Cape Verde does not have a British Embassy or Consulate. Consular assistance is provided by the Consular Services team based in Portugal, with help from Honorary Consuls in Sal and Boa Vista. If a UK national is arrested or detained in Cape Verde, the Consular Services will aim to contact them within 24 hours of being notified of their detention. The Consular Services can make contact with the prisoner's family on their behalf, offering them advice on procedures and prison regulations, as well as letting them know how the prisoner is doing.
The Consular Services cannot get prisoners out of prison, pay fines or stand bail, or interfere with local judicial procedures to get a prisoner out of prison or secure an earlier trial date. They also cannot investigate a crime. If a UK national is a dual citizen of Cape Verde, Consular staff will provide whatever informal assistance the local authorities will allow. However, if the prisoner has been convicted of certain serious offences, such as sexual assault or drug trafficking, the Consular Services are obliged to inform the UK police.
Historically, Cape Verde was home to the Tarrafal concentration camp, established in 1936 during a reorganisation of the Portuguese Estado Novo prison system. The camp was designed to incarcerate political and social prisoners who opposed the Salazar dictatorship, isolating them from the rest of the world in subhuman conditions of captivity, mistreatment, and insalubrity. The location was chosen for its remote location and unhealthy climate, with little drinking water and many mosquitoes in rainy seasons. The camp was nicknamed the "Slow Death Camp" by its prisoners, and one of its buildings, the "Frigideira" (English: "frying pan"), was a place of punishment where prisoners were tortured, deprived of food and light, and subjected to extreme temperatures.
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Human trafficking
Cape Verde is a parliamentary republic with a president as head of state and a prime minister as head of government. The country's law enforcement and investigation branches are the National Police and the Judiciary Police, respectively.
Forced labour is another concern, with West African migrants in the construction and hospitality sectors particularly vulnerable. While the law prohibits all forms of forced labour and sets a minimum working age of 15, enforcement is inconsistent. Child labour remains an issue, with children working in domestic service, agriculture, garbage collection, and drug trafficking.
The government has implemented measures to combat human trafficking, including training the police to combat transnational organised crime (TOC) and collaborating with international organisations to protect citizens, prevent trafficking, and support victims. Government-funded agencies provide emergency services, shelter, and psycho-social care to at-risk populations and victims of trafficking. However, challenges remain, including the lack of thorough investigations and prosecutions of traffickers, and the need for improved victim identification.
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Frequently asked questions
Yes, after four years of cohabitation, a relationship acquires the status of common-law marriage.
Cape Verde, also known as Cabo Verde, is a stable democracy that maintains friendly, open relations with all countries. It has a stable political environment and is recognised for its democratic governance.
Cape Verdean nationality law is regulated by the Constitution of Cape Verde, the Nationality Act, and various international agreements to which the country is a signatory.
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