Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Right to Organise and Collective Bargaining Convention, 1949 (No. 98) - Cabo Verde (Ratification: 1979)

Article 4 of the Convention. Promotion of collective bargaining. The Committee notes the conclusions of the Committee on Freedom of Association in Case No. 2622 (March 2010 meeting) asking the Government to take all necessary steps, in consultation with the social partners, to amend or repeal section 110 of the Labour Code requiring the parties to a collective agreement to bear the cost of publishing it in the Official Journal. The Committee on Freedom of Association drew the Committee of Experts’ attention to this matter. The Committee notes with interest that Legislative Decree No. 5/2010 of 16 June 2010 now provides that collective agreements may be published on the Ministry of Labour’s website.

In its previous comments the Committee noted that very few collective agreements had been concluded. It noted that the Government had sent a copy of two collective agreements (telecommunications and private security), and pointed out that collective bargaining must be voluntary and that the role of the Government was to promote it without forcing it. The Government added that technical assistance from the Office for building the capacity of the social partners in collective bargaining techniques would contribute to improving the situation. The Government indicated that the social partners agreed to a request for such assistance.

The Committee notes in this connection the comments of 19 February 2010 by the National Workers’ Union of Cape Verde–Trade Union Confederation (UNTC-CS) and the Cape Verde Confederation of Free Trade Unions (CCSL). According to the UNTC-CS, there are various reasons for the drop in the number of collective agreements concluded and these include a lack of commitment on the part of the institutions engaged in the promotion of collective bargaining, and a lack of resolve in enforcing the few collective agreements that do exist. The CCSL, for its part, asserts that the Government has been unable to raise awareness and promote collective agreements as measures consist only of seminars or workshops that produce nothing concrete in terms of collective agreements. The main sectors of the economy (air transport, dock work, insurance, water and energy supply, health, education, public administration) are in the charge of the Government, which lacks the legitimacy and credibility to promote and order the conclusion of collective agreements in other sectors.

The Committee also notes the information from the Government that despite a slight increase in the number of collective conventions concluded, the total number of agreements is still low. As regards the economic sectors referred to by the CCSL, it notes the Government’s statement that a collective agreement has been adopted with the enterprise ELECTRA SA and that an agreement concluded with the enterprise TAP-Air Portugal is to be published shortly.

The Committee expresses concern that so few collective agreements have been concluded. It notes that the Government has asked for technical assistance from the ILO Dakar Office to promote voluntary collective bargaining and that it has already planned a series of conferences to this end, which are now under way. The Committee expresses the firm hope that the Government will pursue its efforts and requests it to indicate any developments in this area. It hopes that the technical assistance requested will be forthcoming in the very near future.