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The law of the Republic of Cape Verde after 25 years of independence

Published online by Cambridge University Press:  28 July 2009

Michael Bogdan
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Abstract

The laws of Cape Verde are unusual in that the islands were uninhabited prior to the arrival of the Portuguese and their legal system. The extent to which Capeverdean law is and is likely to be influenced by Portuguese law is considered. The article concludes that whilst some original legal solutions have been developed in Cape Verde, its limited legal resources and the continuing close ties with Portugal will remain but this should be seen as a strength rather than a weakness of the legal system.

Type
Research Article
Information
Journal of African Law , Volume 44 , Issue 1 , Spring 2000 , pp. 86 - 95
Copyright
Copyright © School of Oriental and African Studies 2000

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References

1 Some 17 per cent of the population are black and only 3 per cent white.

2 This paper is one of the products of a travel grant obtained by the author in 1998 from the Swedish International Development Cooperation Agency (Sida) for the purpose of making a short study of the developments of several small African legal systems. The author wishes to express his gratitude to the following persons, whose assistance and advice before, during and after his visit in Cape Verde in October 1999 have made this paper possible: the ambassador of Cape Verde in Stockholm H. E. Fernando Wahnon Ferreira; the President of the Supreme Court of Cape Verde Dr. Oscar Alexandre Silva Gomes; Judge of the Supreme Court Dr. Eduardo Alberto Gomes Rodrigues; Dr. Jorge Carlos Fonseca of the Cape Verde Bar; the President of the Court of First Instance of Praia Dr. Maria de Fátima Coroncl; and Dr. Luis José Landim of the Public Prosecutor's Office in Praia.

3 About the legal developments in Guinea-Bissau until March 1992 see Bogdan, Michael, “Rättsväsendet in Guinea-Bissau—ett svenskt biståndsprojekt?”, in (1991–1992) Juridisk Tidskrift 589–600 (in Swedish).Google Scholar

4 This victory was repeated in 1995. The PAICV remains the main opposition party.

5 See Bourdet, Yves, “Cape Verde. The economics of Mudança”, Sida Country Economic Report 1998:6.Google Scholar See also Bourdet, Yves, “Cap-Vert: la politique de réforme sur la corde raide”, in (1999) 189 Afrique contemporaine 32–40.Google Scholar The facts in this article regarding the economy of Cape Verde are mainly taken from these works.

6 The Cape Verde escudo has since July 1998 been pegged to the Portuguese escudo, which means that it is now in fact pegged to the euro.

7 Pursuant to the 1996 Labour Force Survey, some 38 per cent of the labour force are unemployed, although there are great variations between the islands, the sexes, the various age groups, etc.

8 English and French translations of the 1992 Constitution were published in 1994 by the National Assembly of Cape Verde in the form of a bilingual booklet. This author finds the French translation to be more accurate than the English one.

9 Cape Verde has acceded to a number of treaties in the field of human rights, including the 1966 U.N. Covenant on Civil and Political Rights, the 1966 U.N. Covenant on Economic, Social and Cultural Rights, the 1966 Convention on the Elimination of All Forms of Racial Discrimination, the 1979 Convention on the Elimination of All Forms of Discrimination Against Women, and the 1984 Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment.

10 See art. 22 of the Act on the Political Organization of the State of 5 July, 1975. This provision was reiterated in the Constitution of 1980.

11 See, e.g. David, René and Brierley, John E. C., Major Legal Systems of the World Today, 3rd edn., London, 1985, 33–154;Google ScholarBogdan, Michael, Comparative Law, 1994, 82–91.Google Scholar

12 See Decreto-Legidativo no. 3/99, Boletim Oficial of 29 March, 1999.

13 See Portaria no. 68-A/97, Boletim Oficial of 30 September, 1997.

14 The text of the Family Code (no. 58/81 from 20 June, 1981) is found in German translation in Bergman/Ferid, Internationales Ehe- und Kindschaftsrecht, a loose-leaf system published by Verlag für Standesamtswesen GmbH in Frankfurt a.M. and Berlin, Germany.Google Scholar

15 See Decreto-Lei no. 62/87, Boletim Oficial of 30 June, 1987, as amended (in particular by Act 101/IV/93, Boletim Oficial of 31 December, 1993).