Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Cabo Verde (Ratification: 1979)

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Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Direct and indirect discrimination. The Committee recalls that section 15(1)(a) of the Labour Code does not provide for protection against discrimination on the ground of “national extraction”, nor does it define and prohibit indirect discrimination in employment and occupation. In this regard, it notes the Government’s statement, in reply to the Committee’s previous comments, that no information is available to present an overview of the manner in which article 24 of the Constitution, which prohibits discrimination on the basis of “lineage” and “origin”, has been interpreted in practice. The Committee, however, notes the Government’s indication, in its report, that, in 2021, the National Commission for Human Rights and Citizenships (CNDHC) elaborated, in collaboration with various institutions and organizations, a draft legislation that aims specifically at prohibiting direct, indirect and multiple discrimination, including on the ground of “national extraction”. The Committee welcomes this information and notes that, according to the information available on the CNDHC’s website, this draft legislation was forwarded to the National Assembly in March 2022. The Committee asks the Government to take every necessary steps to ensure that workers are protected, both in law and practice, from both direct and indirect discrimination on all the grounds enumerated in Article 1(1)(a) of the Convention, including national extraction. It asks the Government to provide information on any progress made in this regard, in particular regarding the draft anti-discrimination legislation elaborated by the CNCDH.

Articles 2 and 3. Equality of opportunity and treatment irrespective of race, colour or national extraction. Regarding the implementation of measures and programmes undertaken in order to combat stereotypes and discrimination based on race, colour or national extraction, in particular with regard to remuneration of migrant workers which was considerably lower than those of nationals, the Committee notes the Government’s indication that the assessment of the implementation of the Second National Action Plan for Immigration and Social Inclusion of Immigrants (2018–20) is being finalized and that a Third National Action Plan is still being prepared. The Committee notes that the High Authority for Immigration (AAI) replaced the Directorate General for Immigration in July 2020, under the terms of Decree-Law No. 55/2020 of 6 July 2020 and is responsible for coordinating and implementing immigration policies and measures, with special focus on creating and monitoring an integrated system for integration of immigrants. In 2022, the AAI launched a website with information on immigrants’ rights available in four languages, as well as a radio programme on existing legal instruments to prevent and address racial discrimination. In that regard, the Committee welcomes the fact that the Second National Action Plan for Human Rights and Citizenship (2017–22) provides for a specific awareness-raising campaign on racism, xenophobia and discrimination against immigrants in order to decrease the number of situations of racial discrimination or xenophobia. It further notes that in its National Programme for 2021-26, the Government plans to: (1) consolidate the structure of the AAI with the effective setting-up of Local Units for Immigration; (2) deepen knowledge on the migratory situation, dynamics and trends in the country and its impact on society and economy; and (3) develop strategies for immigrants in vulnerable situations in order to prevent and address discrimination based on colour, nationality, language, ethnic origin or religion. Welcoming the measures planned by the Government, the Committee however notes that since 2018 no data has been made available regarding employment of immigrants, in particular in the context of the Annual Statistical Survey carried out by the National Institute of Statistics (INE). Recalling that the Labour Code only confers equality of rights and duties to migrant workers in a regular situation and that no protection is explicitly afforded by the national legislation on the ground of “national extraction”, it further notes the Government’s statement that the CNDHC received complaints whose victims of discrimination were immigrants mostly from African countries but that such complaints represented a small proportion among the total number of cases received annually by the CNDHC. In this regard, the Committee refers to its pending comments on the application of the Forced Labour Convention, 1930 (No. 29). The Committee notes that, in its 2022 concluding observations, the United Nations (UN) Committee on the Protection of the Rights of All Migrant Workers and Members of Their Families (CMW) expressed concern about: (1) persistent discriminatory attitudes against migrant workers; (2) reports that migrant workers are paid considerably less than their Cabo Verdean counterparts who perform the same work; (3) the fact that alleged violations are rarely investigated; and (4) the fact that alleged perpetrators are not prosecuted or convicted. The CMW also remained seriously concerned about reports that migrant workers employed in the agricultural and fishing sectors, including from China, Guinea, Guinea-Bissau, Nigeria and Senegal, may be subjected to extremely poor working conditions and be vulnerable to forced labour, and that the General Labour Inspectorate has not detected any situation of forced or compulsory labour in the country (CMW/C/CPV/CO/1-3, 2 June 2022, paragraphs 27, 37 and 45). The Committee notes with concern this information. The Committee therefore urges the Government to take every necessary steps to address stereotypes and prejudices as well as discrimination based on race, colour or national extraction in order to effectively ensure equality of opportunity and treatment of migrant workers, including those in an irregular situation, in particular in the agricultural and fishing sectors and regarding their remuneration. It asks the Government to provide information on: (i) any measures and programmes implemented in that regard, including in the framework of the National Programme for 2021-26 andany new Immigration and Social Inclusion Action Plan, and any follow-up actions and results; (ii) any public awareness-raising activities undertaken on the relevant legislative provisions, the procedures and remedies available, targeting in particular migrant workers; and (iii) the number, nature and outcome of any cases or complaints of discrimination against migrant workers dealt with by the labour inspectors, the courts or any other competent authorities.

The Committee is raising other matters in a request addressed directly to the Government.