Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Cabo Verde (Ratification: 1987)

Branch (g) (Employment injury benefit). Articles 3 and 4 of the Convention. Referring to its previous comments, the Committee notes the Government’s reiteration in its 2010 report that the system for protection against industrial accidents and occupational diseases is currently being revised in consultation with the social partners. The Committee recalls that, as the law currently stands, section 3(3) of Legislative Decree No. 84/78 of 22 September 1978, establishing the system of compulsory insurance against industrial accidents, subjects equality of treatment of foreign workers working in Cape Verde to a condition of reciprocity. This arrangement is contrary to Articles 3 and 4 of the Convention, which provide for a system of automatic reciprocity for States that have ratified the instrument. In view of the commitment previously made by the Government to bring national law into conformity with the Convention and the fact that this situation has persisted for many years, the Committee hopes that the Government will be in a position to provide information in its next detailed report due in 2012 on progress made in this regard.

Article 5. Payment of benefits abroad. In its previous comments the Committee asked the Government to incorporate into Legislative Decree No. 84/78 of 22 September 1978 a specific provision prescribing the granting of benefits for employment injuries when the persons concerned reside abroad, in order to give full effect to Article 5 (branch (g)) of the Convention. The Government reiterates in its report that, even though it is not explicitly provided for in the abovementioned Decree, this provision of the Convention is applicable inasmuch as, under the terms of the Constitution of Cape Verde, the provisions of ratified Conventions prevail over national law. The Committee reiterates, as it has now done in several prior observations, that as regards the situation in law it is necessary to bring Legislative Decree No. 84/78 explicitly into conformity with Article 5 of the Convention in order to avoid any ambiguity in the legislation and its application in practice. The Committee trusts that by the time of its next detailed report in 2012, the Government will have taken the opportunity provided by the current reform to establish an explicit provision guaranteeing the principle of preservation of rights with regard to the granting of employment injury benefits in cases of residence abroad. The Committee also requests the Government once again to send information on the internal regulations relating to the procedures followed for the transfer of benefits abroad and to provide statistics on the effective transfers by the National Social Security Institute or another relevant body and on the amounts of benefits for employment injury to beneficiaries residing abroad.