Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 17 (Workmen’s Compensation (Accidents)), 19 (Equality of Treatment (Accident Compensation)), 102 (Minimum Standards), and 118 (Equality of Treatment (Social Security)) together.

The Committee notes the Government’s first report on Convention No. 102. 

Article 1 of Convention No. 17. Provision of workers’ compensation. The Committee takes note with interest of the information provided by the Government in its report on the adoption of the Decree-Law No. 58/2020, of 29 September, establishing the Legal Regime of Compulsory Insurance for Occupational Accidents and Diseases (SOAT), which will enter into force as of 1 of January 2023, replacing Decree-Law No. 86/78. The Committee requests the Government to provide detailed information on the manner in which Decree-Law No 58/2020 gives effect to the Convention, in accordance with parts I and II of the report form.

Article 7 of Convention No. 17. Additional compensation for the constant help of another person.The Committee notes the indication by the Government that, according to section 17 of Decree-Law No 86/78, in case of absolute permanent incapacity to work, an injured person is entitled to a pension equivalent to 70 per cent of the basic pay, which can be increased to a maximum of 100 per cent of basic pay should the medical condition from which the permanent incapacity results requires the assistance of a third person. The Committee observes that the Decree-Law No. 58/2020, which is set to replace Decree-Law No 86/78, in its section 49, contains the same provision and requirements for entitlement of additional compensation.

The Committee recalls that Article 7 of the Convention requires the payment of additional compensation in all cases where the injury results in partial, permanent or temporary incapacity of such a nature that the injured workers must have the constant help of another person. The Committee requests the Government to provide information on any other measure in place to ensure that all injured workers, including those with partial, permanent or temporary incapacity, are provided with additional compensation when the constant help of another person is required, or with such help in kind.

Article 11 of Convention No. 17. Compensation of industrial accidents in the event of the insolvency of the employer or insurer. The Committee takes note of the information provided by the Government, specifying that section 17 of the Labour Code provides for direct liability of personal assets of persons responsible for the management of the enterprises or insurers in situations of bankruptcy, insolvency or other form of cessation of activity. Pursuant to section 30 of Decree No 84/78, benefits due to compulsory occupational accident insurance enjoy credit privileges enshrined in the general law as a guarantee of work remuneration.

While taking note of this information, the Committee observes that the legislation in force does not make provision for cases where personal assets would not be sufficient to guarantee due compensation to victims of industrial accidents. The Committee notes, however, that the Decree-Law No. 58/2020, which will enter into in force as of 1 January 2023, provides, in its section 60, that benefits which cannot be paid by the responsible entity due to economic incapacity, shall be borne by the Occupational Accidents Pension Fund.

The Committee welcomes the adoption of this provision and requests the Government to provide further information on the manner in which it will be implemented to ensure that workers who suffer industrial accident, or their dependants, are compensated in all circumstances, in the event of the insolvency of the employer or insurer, as required by Article 11 of the Convention.

Application of Convention No. 17 in practice. The Committee, notes the information provided by the Government in reply to its previous comments, referring to the concerns expressed by the Confederation of Free Trade Unions of Cape Verde (CCSL) with respect to the inadequate level of employment injury benefit and the lack of review mechanisms. The Government indicates that there has not been any progressconcerning the implementation of a database management system and that the lack of resources prevented the undertaking of statistical assessments regarding the adequacy of benefits, as suggested by the Committee. The Committeehopes that the level and adequacy of employment injury pensions will be considered in the context of the ongoing reform of the national legislation concerning industrial accidents and occupational diseases. In this context, it requests the Government to provide information on the manner in which employment injury pensions fulfil their role of effectively replacing the earnings on which victims of occupational accidents rely for a living and on the implementation of thedatabase management system on occupational accidents and diseases, to facilitate the Committee’s assessment of the application of the Convention in practice.

Article 1(2) of Convention No. 19 and Articles 3 and 4 of Convention No. 118. Equality of treatment without conditions of residence – employment injury benefits. The Committee takes note with interest of the Government’s indication, in reply to its previous comments, that Decree-Law 58/2020, which is set to repeal Decree-Law 84/78, provides for equality of treatment between national and non-national workers and their dependents as to compensation due to occupational accidents and diseases in its section 10.

Article 1(2) of Convention No. 19 and Article 5 of the Convention No. 118. Payment of employment injury benefits abroad. The Committee takes note of the indication by the Government, in reply to its previous comments, that beneficiaries of employment injury benefits keep their entitlement to cash benefits even if they transfer their residence out of Cabo Verde, except as provided for by the law and by applicable international instruments. The Committee observes, however, that the legislation concerning employment injury benefits – current and future, to be in force as of 2023, is silent as to the means and procedure in place to guarantee that benefits are paid to victims of employment injury or their dependents who reside abroad. The Committee requests the Government to indicate how the payment of employment injury benefits abroad is ensured, and to provide the applicable provisions or procedures. The Committee further requests the Government to provide information on any mutual agreements, or any multilateral or bilateral agreements concluded with other Member States in application of Article 1(2) of Convention No. 19 and Article 5 of Convention No. 118.

Application of Conventions No. 19 and No. 118 in practice. In its previous comments, the Committee requested theGovernment to indicate the results achieved in ensuring better compliance with the obligation of employers to insure all workers against industrial accidents, with a particular emphasis on sectors employing a high number of foreign workers, and to provide the number and nationality of non-national workers employed in the country and the number of those involved in accidents. The Committee observes that the report supplied by the Government does not provide information in this regard. The Committee refers to Part V of the report form for Convention No. 118 and hopes that the Government will be in a position to provide statistical information concerning (i) the number of foreign workers in the national territory, (ii) their nationality, (iii) their occupational distribution, (iv) the number and type of benefits paid, broken down by type of benefits, and (v) the number of benefits paid abroad to nationals and non-national workers, including the amount paid, type of benefits and country of destination.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which Conventions Nos 17 and 18 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or accepting Part VI of the Social Security (Minimum Standards) Convention, 1952 (No. 102) c102, (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October-November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or accepting Part VI of Convention No. 102 as the most up-to-date instruments in this subject area.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee takes note of the Government’s report on the application of the Convention, as well as of its reply to the observations made in 2010 by the Confederation of Free Trade Unions of Cape Verde (CCSL). The CCSL stressed that the level of employment injury benefit was insufficient to meet the basic needs of the beneficiaries and their families and pointed to the lack of review mechanisms aimed at adjusting the value of employment injury benefit to the level of earnings in the country. The CCSL urgently called for a reform of the national legislation as well as for improvements in the monitoring mechanisms on the part of the General Directorate of Labour (DGT) and the Inspectorate General of Labour (IGT) by securing effective presence throughout the national territory.

The Government informs that a national programme was adopted in 2011 for the period 2011–16 with a view to, inter alia, promote the implementation of a national policy on safety and health at work (OSH) aimed at better managing and analysing the labour market dynamics by identifying the legal and institutional deficits between the OSH normative framework and economic realities, so as to develop efficient preventive measures and focus on sectors with higher occupational risks fully involving all social partners. The Government also refers to the 2011 Activities Report of the IGT, according to which this authority placed emphasis on educational awareness-raising activities, while at the same time undertaking a total of 1,449 inspections throughout the country – a rise of 34.3 per cent in the number of visits carried out in comparison with 2010. The number of proceedings for labour violations initiated by the IGT also went up from 190 in 2010 to as much as 278 in 2011. It is also envisaged to open new IGT offices so as to densify territorial coverage. While the commercial sector was found to present greater reluctance to register and pay compulsory accident insurance and social security contributions, the highest rate of industrial injuries was observed in the construction sector (33.17 per cent) and the lowest in agriculture (0.5 per cent). With a view to reducing the high incidence of industrial accidents in the construction sector, the IGT signed a strategic partnership agreement with the Cape Verde Construction Companies Association (ACEC) to carry out training in safety, hygiene and health. The Government states that despite observed infringements, changing patterns of behaviour were observed with regard to compliance with legal requirements. However, given the shortage of human and material resources to collect and process statistical data on occupational accidents and diseases, the database management system contemplated in Order No. 9/2001 of 9 April is still not operational. The Government states however that such statistical data would allow analysis of the impact of the legal and institutional reforms on industrial relations and, ultimately, also on the application of the Convention.

The Committee takes due note of the information provided and wishes to encourage the Government’s efforts aimed at guaranteeing a safer working environment by raising awareness of all economic actors and reinforcing the human and material capacities of the competent supervisory bodies. The effective implementation of the database management system on occupational accidents and diseases is particularly encouraged since it would allow targeted action to achieve greater efficiency and results. Noting the concerns expressed by the CCSL with respect to the inadequate level of employment injury benefit and the lack of review mechanisms, the Committee would suggest that the Government undertake an assessment of how employment injury pensions fulfil their role of effectively replacing the earnings on which victims of occupational accidents relied for a living.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

Please refer to the comments made under the Equality of Treatment (Social Security) Convention, 1962 (No. 118).

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Branch (g) (Employment injury benefit). Articles 3 and 4 (equality of treatment without conditions of residence) and Article 5 (payment of benefits abroad) of the Convention. In reply to the issues raised previously under the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), and Convention No. 118, the Government, in its report received in August 2012, reiterates that a reform of the national legislation in respect of industrial accidents and occupational diseases is to be undertaken in consultation with the social partners. In the meantime, the Decree Law No. 84/78 of 22 September, as subsequently modified, which governs industrial accidents and occupational diseases, remains applicable. While recognizing that the latter is not fully in conformity with international obligations assumed by Cape Verde, the Government once again stresses that the newly adopted Labour Code does establish, as a fundamental principle of labour law, the right of all workers without distinction to compensation in case of accidents at work. As the Committee pointed out in its previous observation, the reciprocity condition for equality of treatment of foreign nationals and their dependants with Cape Verde nationals contained in section 3(3) of the Decree Law runs counter to this principle. The Committee hopes that the provision subjecting equality of treatment to a reciprocity condition will soon be repealed, and that the future reform of the legislation concerning employment injury compensation will permit the Government to introduce specific provisions guaranteeing the payment of pensions in case of residence abroad as well as equality of treatment for refugees and stateless persons. Noting that the situation in respect of issues raised previously remains unchanged, the Committee cannot but express the hope that the necessary amendments to the legislation on employment injuries will be made shortly.

Part V of the report form. Compliance with national legislation in sectors employing high rates of foreign workers. The Committee notes the Government’s reply to the comments made in 2010 by the Cape Verde Confederation of Free Trade Unions (CCSL) concerning in particular coordination mechanisms existing under the national immigration strategy aimed at providing institutions with guidance and tools for implementing immigration management policy. The Committee would like the Government to indicate the results achieved in ensuring better compliance with the obligation of employers under the new Labour Code to insure all workers against industrial accidents, with a particular emphasis on sectors employing a high number of foreign workers.

The Committee notes the Government’s reply to its previous request for statistical information on occupational accidents under Convention No. 19. The Government’s data refers to 202 accidents at work officially recorded in 2011, with the highest proportion in the construction sector (33.17 per cent). Because this data does not include any breakdown for foreign workers employed in the country, the Committee again requests that the Government indicate as far as possible the number and nationality of foreign workers employed in the country and the number of those involved in accidents, particularly in the construction sector.

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

The Committee took note of the Government’s report received in February 2010, as well as of the observations of the Confederation of Free Trade Unions of Cape Verde (CCSL) on the application of the Conventions Nos 17 and 19, among others, communicated by the Government in March 2010. The Committee hopes that the Government will not fail to reply to these observations in its next detailed report due in 2012, and that this report will also include, in compliance with Part V of the report form, all the available statistical data, extracts from inspection reports and other relevant information, which would permit to throw light on the application of the Convention in practice.

The Committee further notes that, according to section 18(1) of the new Labour Code of 2007, foreign workers, their families or dependants who have been victims of occupational accidents are granted the same treatment in respect of compensation as the nationals of Cape Verde. With regard to questions raised in the direct request of 2009 concerning the condition of reciprocity imposed by section 3(1) of Legislative Decree No. 84/78 on compulsory occupational accident insurance, the Committee asks the Government to refer to the 2011 direct request on the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19).

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

The Committee notes that the report sent by the Government in 2010 does not contain any reply to its direct request of 2009. It therefore requests the Government to send detailed information in its next report due in 2012 on all the points raised in its previous comments, which read as follows:

Repetition

Articles 6 and 7 of the Convention and Part V of the report form. Statistical data on migratory flows. In reply to the Committee’s previous comments, the Government indicates that it is currently cooperating with the ILO in the project of labour migration for development and integration in West Africa. Under the project, a compilation of statistical data on migratory flows is being prepared, particularly in regard to foreigners working in the country and to Cape Verdeans working abroad. The Government states that, apart from member countries of the Economic Community of West African States (ECOWAS), there are Cape Verdeans working in Europe and North America. The Committee hopes that the Government will be able to supply shortly the statistical data requested in Part V of the report form on the application of the Convention on the number and nationality of foreign workers, stateless workers and refugees in Cape Verde as well as on the number of Cape Verde nationals working in each foreign country concerned. Please also specify with which foreign countries that have migratory flows with Cape Verde the Government intends to conclude bilateral conventions for the purpose of giving full effect to Articles 6 and 7 of the Convention.

Article 10. Application of the Convention to refugees and stateless persons. In its previous comments, the Committee requested the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a provision expressly extending its application to refugees and stateless persons, in conformity with Article 10 of the Convention. The Government replied that the Convention applies to refugees and stateless persons by virtue of sections 24 and 38 of the Constitution of Cape Verde, 1999, read in conjunction with Act No. 99/V/99 of 19 April 1999 establishing the legal regime of asylum and the status of refugees. Section 24(1) of the Constitution affords foreigners and stateless persons residing in Cape Verde the same rights as Cape Verdean citizens, with the exception of rights which are specifically reserved by the law to Cape Verdean citizens. Section 38 of the Constitution stipulates that the status of political refugee shall be determined by the law. Section 8(1) of Act No. 99/V/99 confers on refugees the same rights as foreigners residing in Cape Verde. On this matter, the Government refers to section 2 of Legislative Decree No. 5/2004 of 16 February 2004 under which foreign workers exercising an occupation in Cape Verde are covered by compulsory social protection. Given that the compulsory social protection system does not include benefits for industrial accidents and occupational diseases (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee draws the Government’s attention once again to the need to amend Legislative Decree No. 84/78 in order to give effect to Article 10 of the Convention and ensure the application of Articles 3, 4 and 5 of the Convention to refugees and stateless persons in regard to branch (g).

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

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.

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

The Committee notes that a new Labour Code has been adopted in 2007 according to which foreign workers, their families or dependants, who have been victims of occupational accidents, are granted the same treatment in respect of compensation as the nationals of Cape Verde (section 18(1)). The Committee notes the Government’s statement that, despite the introduction of the new Labour Code, the provisions of Legislative Decree No. 84/78 establishing compulsory insurance for industrial accidents, is still applicable. The Committee notes that section 3(1) of the Legislative Decree is contrary to the Labour Code because it establishes that foreign workers who exercise professional activities in Cape Verde are treated as national workers on the basis of reciprocal agreements. Furthermore, section 3(3) is also contrary to the provisions of the Labour Code because it excludes foreign workers from the scope of the Decree when they are temporarily employed in Cape Verde by a foreign enterprise.

The Committee notes the Government’s statement that, in practice, foreign workers, including those temporarily employed in Cape Verde, can benefit from the compulsory insurance for occupational accidents. The Government indicates that a complete revision of the issue of industrial accidents has been initiated and that the final text shall be submitted to the Committee as soon as it is adopted. The Committee hopes that, in revising its legislation on industrial accidents, the Government amends sections 3(1) and (3) of Legislative Decree No. 84/78 in conformity with section 18(1) of the Labour Code in order to ensure a better application of Articles 1 and 2 of the Convention.

Part V of the report form. Practical application. The Committee notes that the Government still does not have any statistical data concerning occupational accidents. It trusts that the Government will be in a position to transmit such information with its next report indicating, as far as possible, the number and nationality of foreign workers employed in the country, the number of those involved in occupational accidents, in particular in the construction sector where, according to the Cape Verde Confederation of Free Trade Unions (CCSL), many occupational accidents occur.

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

Article 1 of the Convention. Equality of treatment. With reference to its previous comments on the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17) and Convention No. 19, the Committee notes with satisfaction that a new Labour Code has been adopted in 2007 according to which foreign workers, their families or dependants, who have been victims of occupational accidents, are granted the same treatment in respect of compensation as the nationals of Cape Verde (section 18(1)).

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2). Condition of reciprocity. In its previous comments the Committee drew the Government’s attention to the provisions of section 14 of the Civil Code and section 3(1) of Legislative Decree No. 84/78 on compulsory occupational accident insurance. Under these provisions, foreign workers are not considered to be in the same position as nationals unless there is a reciprocal arrangement with their country of origin. In its last report the Government indicates that the law remains unchanged, but that a revision of Decree No. 84/78 is being envisaged and it will enable the legislation to be brought into conformity with the Convention. The Committee trusts that, in its next report, the Government will be able to indicate the adoption of measures for the elimination of any condition of reciprocity laid down in the abovementioned legislation with regard to compensation for occupational accidents, in accordance with the Convention. Please provide copies of any texts adopted in this regard.

With reference to the Committee’s previous comments, the Government states that it lacks the material and human resources to compile and process statistical data. The Committee notes the Government’s difficulties and hopes that it will be possible to overcome them in the near future and that the Government will be in a position in its future reports to provide the information requested under Part V of the report form.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. Foreign workers temporarily or intermittently employed. The Committee takes this opportunity to recall that, under the terms of this provision of the Convention, when foreign workers are victims of occupational accidents while employed temporarily or intermittently on the territory of Cape Verde on behalf of an undertaking situated abroad, it is not authorized to exclude these workers from the scope of application of Cape Verdean law except in the case of the prior conclusion between the States concerned of special agreements providing for the application of the legislation of the State of origin.

Part V of the report form. The Committee notes that the Government still does not have any statistical data concerning occupational accidents. It trusts that the Government will be in a position to transmit such information with its next report indicating, as far as possible, the number and nationality of foreign workers employed in the country, the number of those involved in occupational accidents, in particular in the construction sector where, according to the Cape Verde Confederation of Free Trade Unions (CCSL), many occupational accidents occur.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 6 and 7 of the Convention and Part V of the report form. Statistical data on migratory flows. In reply to the Committee’s previous comments, the Government indicates that it is currently cooperating with the ILO in the project of labour migration for development and integration in West Africa. Under the project, a compilation of statistical data on migratory flows is being prepared, particularly in regard to foreigners working in the country and to Cape Verdeans working abroad. The Government states that, apart from member countries of the Economic Community of West African States (ECOWAS), there are Cape Verdeans working in Europe and North America. The Committee hopes that the Government will be able to supply shortly the statistical data requested in Part V of the report form on the application of the Convention on the number and nationality of foreign workers, stateless workers and refugees in Cape Verde as well as on the number of Cape Verde nationals working in each foreign country concerned. Please also specify with which foreign countries that have migratory flows with Cape Verde the Government intends to conclude bilateral conventions for the purpose of giving full effect to Articles 6 and 7 of the Convention.

Article 10. Application of the Convention to refugees and stateless persons. In its previous comments, the Committee requested the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a provision expressly extending its application to refugees and stateless persons, in conformity with Article 10 of the Convention. The Government replied that the Convention applies to refugees and stateless persons by virtue of sections 24 and 38 of the Constitution of Cape Verde, 1999, read in conjunction with Act No. 99/V/99 of 19 April 1999 establishing the legal regime of asylum and the status of refugees. Section 24(1) of the Constitution affords foreigners and stateless persons residing in Cape Verde the same rights as Cape Verdean citizens, with the exception of rights which are specifically reserved by the law to Cape Verdean citizens. Section 38 of the Constitution stipulates that the status of political refugee shall be determined by the law. Section 8(1) of Act No. 99/V/99 confers on refugees the same rights as foreigners residing in Cape Verde. On this matter, the Government refers to section 2 of Legislative Decree No. 5/2004 of 16 February 2004 under which foreign workers exercising an occupation in Cape Verde are covered by compulsory social protection. Given that the compulsory social protection system does not include benefits for industrial accidents and occupational diseases (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee draws the Government’s attention once again to the need to amend Legislative Decree No. 84/78 in order to give effect to Article 10 of the Convention and ensure the application of Articles 3, 4 and 5 of the Convention to refugees and stateless persons in regard to branch (g).

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous comments, the Committee notes the information contained in the Government’s report received in October 2005 and the communication of the Cape Verde Confederation of Free Trade Unions (CCSL) forwarded by the Office to the Government in November 2004. In this communication, the CCSL indicates important changes made in the social security system for dependent workers by the adoption of Legislative Decree No. 5/2004 of 16 February 2004, which was promulgated by the Government without prior consultation with the social partners. The Committee notes that the revision of the social security system undertaken by the Government seems to have no impact on Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents which has since been the subject of comments by the Committee.

Branch (g) (benefits for industrial accidents and occupational disease). Articles 3 and 4 of the Convention. In its previous comments, the Committee requested the Government to amend explicitly section 3(3) of Legislative Decree No. 84/78 of 22 September 1978 establishing the system of compulsory insurance against industrial accidents, which subjects equality of treatment of foreign workers working in Cape Verde to a condition of reciprocity, whereas Articles 3 and 4 of the Convention provide for an automatic system of reciprocity for States that have ratified the instrument. In reply, the Government promises that these amendments will be the subject of consultations with the social partners and be included in the current general revision process of labour legislation with the adoption of the new Labour Code.

The Committee notes this commitment by the Government and requests it to specify to what extent the amendment of Legislative Decree No. 84/78 concerns the general revision of labour legislation, given that the Labour Code currently in force does not cover matters pertaining to insurance against industrial accidents nor the social security of workers in general. As for the Government’s intention to consult the social partners, the Committee notes from the social partners’ comments included in the Government’s report that the National Union of Cape Verde Workers (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL) support the revision of section 3(3) of Legislative Decree No. 84/78 which is in accordance with the provisions of the Convention. The Committee requests the Government to indicate the employers’ and workers’ organizations which the Government intends to consult and in what time frame, given that it does not specify the employers’ and workers’ organizations to which it supplied copies of its report, in accordance with article 23, paragraph 2, of the ILO Constitution. Finally, the Committee recalls that in 1999 the Government indicated that internal discussions had reached total consensus on the need to amend Legislative Decree No. 84/78, but that no amendment has been made. The Committee is therefore bound to ask the Government once again to take the measures necessary, as soon as possible, to bring section 3(3) of Legislative Decree No. 84/78 into full conformity with the Convention.

Article 5. In its previous comments, the Committee asked the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a specific provision providing the granting of benefits for employment injuries when the persons concerned are resident abroad in order to give full effect to Article 5 (branch (g)) of the Convention. The Committee notes that according to section 7 of Legislative Decree No. 5/2004 of 16 February 2004, beneficiaries of compulsory social protection maintain their right to cash benefits when they transfer their residence abroad, subject to the provisions established by the law and the applicable international instruments. Since the compulsory social protection system does not include benefits for employment injury, which are covered by separate regulations (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee trusts that the Government will not fail to apply the same principle of maintaining rights in the event of residence abroad also in regard to the granting of benefits for employment injury in law as well as in practice. With regard to the situation in law, the Committee considers that the application of article 11(4) of the Constitution of Cape Verde establishing the supremacy of international conventions over any national legislation requires that Legislative Decree No. 84/78 be brought specifically into conformity with Article 5 of the Convention in order to avoid any ambiguity in legislation and its practical application. Not having received from the Government the information requested on the internal regulations laying down procedures giving effect in practice to this constitutional principle in the light of Convention No. 118, the Committee also requests the Government to supply information showing the effective transfer by the National Social Security Institute or another relevant institute of the amounts of benefits for employment injury to beneficiaries residing abroad.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2). In its previous comments the Committee drew the Government’s attention to the provisions of section 14 of the Civil Code and section 3(1) of Legislative Decree No. 84/78 on compulsory occupational accident insurance. Under these provisions, foreign workers are not considered to be in the same position as nationals unless there is a reciprocal arrangement with their country of origin. In its last report the Government indicates that the law remains unchanged, but that a revision of Decree No. 84/78 is being envisaged and it will enable the legislation to be brought into conformity with the Convention. The Committee trusts that, in its next report, the Government will be able to indicate the adoption of measures for the elimination of any condition of reciprocity laid down in the abovementioned legislation with regard to compensation for occupational accidents, in accordance with the Convention. Please provide copies of any texts adopted in this regard.

With reference to the Committee’s previous comments, the Government states that it lacks the material and human resources to compile and process statistical data. The Committee notes the Government’s difficulties and hopes that it will be possible to overcome them in the near future and that the Government will be in a position in its future reports to provide the information requested under Part V of the report form.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It also notes the adoption in 2007 of the new Labour Code and hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee takes this opportunity to recall that, under the terms of this provision of the Convention, when foreign workers are victims of occupational accidents while employed temporarily or intermittently on the territory of Cape Verde on behalf of an undertaking situated abroad, it is not authorized to exclude these workers from the scope of application of Cape Verdean law except in the case of the prior conclusion between the States concerned of special agreements providing for the application of the legislation of the State of origin.

Part V of the report form. The Committee notes that the Government still does not have any statistical data concerning occupational accidents. It trusts that the Government will be in a position to transmit such information with its next report indicating, as far as possible, the number and nationality of foreign workers employed in the country, the number of those involved in occupational accidents, in particular in the construction sector where, according to the Cape Verde Confederation of Free Trade Unions (CCSL), many occupational accidents occur.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 6 and 7 of the Convention and Part V of the report form. In reply to the Committee’s previous comments, the Government indicates that it is currently cooperating with the ILO in the project of labour migration for development and integration in West Africa. Under the project, a compilation of statistical data on migratory flows is being prepared, particularly in regard to foreigners working in the country and to Cape Verdeans working abroad. The Government states that, apart from member countries of the Economic Community of West African States (ECOWAS), there are Cape Verdeans working in Europe and North America. The Committee hopes that the Government will be able to supply shortly the statistical data requested in Part V of the report form on the application of the Convention on the number and nationality of foreign workers, stateless workers and refugees in Cape Verde as well as on the number of Cape Verde nationals working in each foreign country concerned. Please also specify with which foreign countries that have migratory flows with Cape Verde the Government intends to conclude bilateral conventions for the purpose of giving full effect to Articles 6 and 7 of the Convention.

Article 10. In its previous comments, the Committee requested the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a provision expressly extending its application to refugees and stateless persons, in conformity with Article 10 of the Convention. The Government replied that the Convention applies to refugees and stateless persons by virtue of sections 24 and 38 of the Constitution of Cape Verde, 1999, read in conjunction with Act No. 99/V/99 of 19 April 1999 establishing the legal regime of asylum and the status of refugees. Section 24(1) of the Constitution affords foreigners and stateless persons residing in Cape Verde the same rights as Cape Verdean citizens, with the exception of rights which are specifically reserved by the law to Cape Verdean citizens. Section 38 of the Constitution stipulates that the status of political refugee shall be determined by the law. Section 8(1) of Act No. 99/V/99 confers on refugees the same rights as foreigners residing in Cape Verde. On this matter, the Government refers to section 2 of Legislative Decree No. 5/2004 of 16 February 2004 under which foreign workers exercising an occupation in Cape Verde are covered by compulsory social protection. Given that the compulsory social protection system does not include benefits for industrial accidents and occupational diseases (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee draws the Government’s attention once again to the need to amend Legislative Decree No. 84/78 in order to give effect to Article 10 of the Convention and ensure the application of Articles 3, 4 and 5 of the Convention to refugees and stateless persons in regard to branch (g).

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous comments, the Committee notes the information contained in the Government’s report received in October 2005 and the communication of the Cape Verde Confederation of Free Trade Unions (CCSL) forwarded by the Office to the Government in November 2004. In this communication, the CCSL indicates important changes made in the social security system for dependent workers by the adoption of Legislative Decree No. 5/2004 of 16 February 2004, which was promulgated by the Government without prior consultation with the social partners. The Committee notes that the revision of the social security system undertaken by the Government seems to have no impact on Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents which has since been the subject of comments by the Committee.

Branch (g) (benefits for industrial accidents and occupational disease). Articles 3 and 4 of the Convention. In its previous comments, the Committee requested the Government to amend explicitly section 3(3) of Legislative Decree No. 84/78 of 22 September 1978 establishing the system of compulsory insurance against industrial accidents, which subjects equality of treatment of foreign workers working in Cape Verde to a condition of reciprocity, whereas Articles 3 and 4 of the Convention provide for an automatic system of reciprocity for States that have ratified the instrument. In reply, the Government promises that these amendments will be the subject of consultations with the social partners and be included in the current general revision process of labour legislation with the adoption of the new Labour Code.

The Committee notes this commitment by the Government and requests it to specify to what extent the amendment of Legislative Decree No. 84/78 concerns the general revision of labour legislation, given that the Labour Code currently in force does not cover matters pertaining to insurance against industrial accidents nor the social security of workers in general. As for the Government’s intention to consult the social partners, the Committee notes from the social partners’ comments included in the Government’s report that the National Union of Cape Verde Workers (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL) support the revision of section 3(3) of Legislative Decree No. 84/78 which is in accordance with the provisions of the Convention. The Committee requests the Government to indicate the employers’ and workers’ organizations which the Government intends to consult and in what time frame, given that it does not specify the employers’ and workers’ organizations to which it supplied copies of its report, in accordance with article 23, paragraph 2, of the ILO Constitution. Finally, the Committee recalls that in 1999 the Government indicated that internal discussions had reached total consensus on the need to amend Legislative Decree No. 84/78, but that no amendment has been made. The Committee is therefore bound to ask the Government once again to take the measures necessary, as soon as possible, to bring section 3(3) of Legislative Decree No. 84/78 into full conformity with the Convention.

Article 5. In its previous comments, the Committee asked the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a specific provision providing the granting of benefits for employment injuries when the persons concerned are resident abroad in order to give full effect to Article 5 (branch (g)) of the Convention. The Committee notes that according to section 7 of Legislative Decree No. 5/2004 of 16 February 2004, beneficiaries of compulsory social protection maintain their right to cash benefits when they transfer their residence abroad, subject to the provisions established by the law and the applicable international instruments. Since the compulsory social protection system does not include benefits for employment injury, which are covered by separate regulations (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee trusts that the Government will not fail to apply the same principle of maintaining rights in the event of residence abroad also in regard to the granting of benefits for employment injury in law as well as in practice. With regard to the situation in law, the Committee considers that the application of article 11(4) of the Constitution of Cape Verde establishing the supremacy of international conventions over any national legislation requires that Legislative Decree No. 84/78 be brought specifically into conformity with Article 5 of the Convention in order to avoid any ambiguity in legislation and its practical application. Not having received from the Government the information requested on the internal regulations laying down procedures giving effect in practice to this constitutional principle in the light of Convention No. 118, the Committee also requests the Government to supply information showing the effective transfer by the National Social Security Institute or another relevant institute of the amounts of benefits for employment injury to beneficiaries residing abroad.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 2, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2). In its previous comments the Committee drew the Government’s attention to the provisions of section 14 of the Civil Code and section 3(1) of Legislative Decree No. 84/78 on compulsory occupational accident insurance. Under these provisions, foreign workers are not considered to be in the same position as nationals unless there is a reciprocal arrangement with their country of origin. In its last report the Government indicates that the law remains unchanged, but that a revision of Decree No. 84/78 is being envisaged and it will enable the legislation to be brought into conformity with the Convention. The Committee takes note of this information. It trusts that, in its next report, the Government will be able to indicate the adoption of measures for the elimination of any condition of reciprocity laid down in the abovementioned legislation with regard to compensation for occupational accidents, in accordance with the Convention. Please provide copies of any texts adopted in this regard.

2. With reference to the Committee’s previous comments, the Government states that it lacks the material and human resources to compile and process statistical data. The Committee notes the Government’s difficulties and hopes that it will be possible to overcome them in the near future and that the Government will be in a position in its future reports to provide the information requested under Part V of the report form.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the report transmitted by the Government, as well as the comments made by the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB), the National Union of Workers of Cape Verde – Trade Union (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL) concerning the application of the Convention.

Article 2 of the Convention. In its report, the Government states that it will take account of the comments previously made by the Committee when amending section 3(1) of Legislative Decree No. 84/78 of 22 September 1978 in order to remove any reference to the blanket exclusion from its scope of foreign workers who are employed temporarily in the national territory by a foreign enterprise. The Committee notes this information with interest and notes that this amendment will be made within the framework of the adoption of a new Labour Code, the draft version of which was prepared in collaboration with the Office. It notes, furthermore, that in their comments the three organizations above expressed support for such a revision in order to bring the national legislation into conformity with Convention No. 19. In these circumstances, the Committee hopes that the necessary amendments will soon be adopted and that the Government will be in a position to transmit them with its next report. The Committee takes this opportunity to recall that, under the terms of this provision of the Convention, when foreign workers are victims of occupational accidents while employed temporarily or intermittently on the territory of Cape Verde on behalf of an undertaking situated abroad, it is not authorized to exclude these workers from the scope of application of Cape Verdean law except in the case of the prior conclusion between the States concerned of special agreements providing for the application of the legislation of the State of origin.

Part V of the report form. The Committee notes the Government’s statement that it still does not have any statistical data concerning occupational accidents. It trusts that the Government will be in a position to transmit such information with its next report indicating, as far as possible, the number and nationality of foreign workers employed in the country, the number of those involved in occupational accidents, in particular in the construction sector where, according to the CCSL, many occupational accidents occur.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 6 and 7 of the Convention and Part V of the report form. In reply to the Committee’s previous comments, the Government indicates that it is currently cooperating with the ILO in the project of labour migration for development and integration in West Africa. Under the project, a compilation of statistical data on migratory flows is being prepared, particularly in regard to foreigners working in the country and to Cape Verdeans working abroad. The Government states that, apart from member countries of the Economic Community of West African States (ECOWAS), there are Cape Verdeans working in Europe and North America. The Committee hopes that the Government will be able to supply shortly the statistical data requested in Part V of the report form on the application of the Convention on the number and nationality of foreign workers, stateless workers and refugees in Cape Verde as well as on the number of Cape Verde nationals working in each foreign country concerned. Please also specify with which foreign countries that have migratory flows with Cape Verde the Government intends to conclude bilateral conventions for the purpose of giving full effect to Articles 6  and 7 of the Convention.

Article 10. In its previous comments, the Committee requested the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a provision expressly extending its application to refugees and stateless persons, in conformity with Article 10 of the Convention. The Government replied that the Convention applies to refugees and stateless persons by virtue of sections 24 and 38 of the Constitution of Cape Verde, 1999, read in conjunction with Act No. 99/V/99 of 19 April 1999 establishing the legal regime of asylum and the status of refugees. Section 24(1) of the Constitution affords foreigners and stateless persons residing in Cape Verde the same rights as Cape Verdean citizens, with the exception of rights which are specifically reserved by the law to Cape Verdean citizens. Section 38 of the Constitution stipulates that the status of political refugee shall be determined by the law. Section 8(1) of Act No. 99/V/99 confers on refugees the same rights as foreigners residing in Cape Verde. On this matter, the Government refers to section 2 of Legislative Decree No. 5/2004 of 16 February 2004 under which foreign workers exercising an occupation in Cape Verde are covered by compulsory social protection. Given that the compulsory social protection system does not include benefits for industrial accidents and occupational diseases (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee draws the Government’s attention once again to the need to amend Legislative Decree No. 84/78 in order to give effect to Article 10 of the Convention and ensure the application of Articles 3, 4 and 5 of the Convention to refugees and stateless persons in regard to branch (g).

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

With reference to its previous comments, the Committee notes the information contained in the Government’s report received in October 2005 and the communication of the Cape Verde Confederation of Free Trade Unions (CCSL) forwarded by the Office to the Government in November 2004. In this communication, the CCSL indicates important changes made in the social security system for dependent workers by the adoption of Legislative Decree No. 5/2004 of 16 February 2004, which was promulgated by the Government without prior consultation with the social partners. The Committee notes that the revision of the social security system undertaken by the Government seems to have no impact on Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents which has since been the subject of comments by the Committee.

Branch (g) (benefits for industrial accidents and occupational disease). In its previous comments, the Committee requested the Government to amend explicitly section 3(3) of Legislative Decree No. 84/78 of 22 September 1978 establishing the system of compulsory insurance against industrial accidents, which subjects equality of treatment of foreign workers working in Cape Verde to a condition of reciprocity, whereas Articles 3 and 4 of the Convention provide for an automatic system of reciprocity for States that have ratified the instrument. In reply, the Government promises that these amendments will be the subject of consultations with the social partners and be included in the current general revision process of labour legislation with the adoption of the new Labour Code.

The Committee notes this promise by the Government and requests it to specify to what extent the amendment of Legislative Decree No. 84/78 concerns the general revision of labour legislation, given that the Labour Code currently in force does not cover matters pertaining to insurance against industrial accidents nor the social security of workers in general. As for the Government’s intention to consult the social partners, the Committee notes from the social partners’ comments included in the Government’s report that the National Union of Cape Verde Workers (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL) support the revision of section 3(3) of Legislative Decree No. 84/78 which is in accordance with the provisions of the Convention. The Committee requests the Government to indicate the employers’ and workers’ organizations which the Government intends to consult and in what time frame, given that it does not specify the employers’ and workers’ organizations to which it supplied copies of its report, in accordance with article 23, paragraph 2, of the ILO Constitution. Finally, the Committee recalls that in 1999 the Government indicated that internal discussions had reached total consensus on the need to amend Legislative Decree No. 84/78, but that no amendment has been made. The Committee is therefore bound to ask the Government once again to take the measures necessary, as soon as possible, to bring section 3(3) of Legislative Decree No. 84/78 into full conformity with the Convention.

Article 5. In its previous comments, the Committee asked the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a specific provision providing the granting of benefits for employment injuries when the persons concerned are resident abroad in order to give full effect to Article 5 (branch (g)) of the Convention. The Committee notes that according to section 7 of Legislative Decree No. 5/2004 of 16 February 2004, beneficiaries of compulsory social protection maintain their right to cash benefits when they transfer their residence abroad, subject to the provisions established by the law and the applicable international instruments. Since the compulsory social protection system does not include benefits for employment injury, which are covered by separate regulations (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee trusts that the Government will not fail to apply the same principle of maintaining rights in the event of residence abroad also in regard to the granting of benefits for employment injury in law as well as in practice. With regard to the situation in law, the Committee considers that the application of article 11(4) of the Constitution of Cape Verde establishing the supremacy of international conventions over any national legislation requires that Legislative Decree No. 84/78 be brought specifically into conformity with Article 5 of the Convention in order to avoid any ambiguity in legislation and its practical application. Not having received from the Government the information requested on the internal regulations laying down procedures giving effect in practice to this constitutional principle in the light of Convention No. 118, the Committee also requests the Government to supply information showing the effective transfer by the National Social Security Institute or another relevant institute of the amounts of benefits for employment injury to beneficiaries residing abroad.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Articles 6 and 7 of the Convention and Part V of the report form. In reply to the Committee’s previous comments, the Government indicates that it is currently cooperating with the ILO in the project of labour migration for development and integration in West Africa. Under the project, a compilation of statistical data on migratory flows is being prepared, particularly in regard to foreigners working in the country and to Cape Verdeans working abroad. The Government states that, apart from member countries of the Economic Community of West African States (ECOWAS), there are Cape Verdeans working in Europe and North America. The Committee hopes that the Government will be able to supply shortly the statistical data requested in Part V of the report form on the application of the Convention on the number and nationality of foreign workers, stateless workers and refugees in Cape Verde as well as on the number of Cape Verde nationals working in each foreign country concerned. Please also specify with which foreign countries that have migratory flows with Cape Verde the Government intends to conclude bilateral conventions for the purpose of giving full effect to Articles 6  and 7 of the Convention.

Article 10. In its previous comments, the Committee requested the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a provision expressly extending its application to refugees and stateless persons, in conformity with Article 10 of the Convention. The Government replied that the Convention applies to refugees and stateless persons by virtue of sections 24 and 38 of the Constitution of Cape Verde, 1999, read in conjunction with Act
No. 99/V/99 of 19 April 1999 establishing the legal regime of asylum and the status of refugees. Section 24(1) of the Constitution affords foreigners and stateless persons residing in Cape Verde the same rights as Cape Verdean citizens, with the exception of rights which are specifically reserved by the law to Cape Verdean citizens. Section 38 of the Constitution stipulates that the status of political refugee shall be determined by the law. Section 8(1) of Act No. 99/V/99 confers on refugees the same rights as foreigners residing in Cape Verde. On this matter, the Government refers to section 2 of Legislative Decree No. 5/2004 of 16 February 2004 under which foreign workers exercising an occupation in Cape Verde are covered by compulsory social protection. Given that the compulsory social protection system does not include benefits for industrial accidents and occupational diseases (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee draws the Government’s attention once again to the need to amend Legislative Decree No. 84/78 in order to give effect to Article 10 of the Convention and ensure the application of Articles 3, 4 and 5 of the Convention to refugees and stateless persons in regard to branch (g).

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

With reference to its previous comments, the Committee notes the information contained in the Government’s report received in October 2005 and the communication of the Cape Verde Confederation of Free Trade Unions (CCSL) forwarded by the Office to the Government in November 2004. In this communication, the CCSL indicates important changes made in the social security system for dependent workers by the adoption of Legislative Decree No. 5/2004 of 16 February 2004, which was promulgated by the Government without prior consultation with the social partners. The Committee notes that the revision of the social security system undertaken by the Government seems to have no impact on Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents which has since been the subject of comments by the Committee.

Branch (g) (benefits for industrial accidents and occupational disease). In its previous comments, the Committee requested the Government to amend explicitly section 3(3) of Legislative Decree No. 84/78 of 22 September 1978 establishing the system of compulsory insurance against industrial accidents, which subjects equality of treatment of foreign workers working in Cape Verde to a condition of reciprocity, whereas Articles 3 and 4 of the Convention provide for an automatic system of reciprocity for States that have ratified the instrument. In reply, the Government promises that these amendments will be the subject of consultations with the social partners and be included in the current general revision process of labour legislation with the adoption of the new Labour Code.

The Committee notes this promise by the Government and requests it to specify to what extent the amendment of Legislative Decree No. 84/78 concerns the general revision of labour legislation, given that the Labour Code currently in force does not cover matters pertaining to insurance against industrial accidents nor the social security of workers in general. As for the Government’s intention to consult the social partners, the Committee notes from the social partners’ comments included in the Government’s report that the National Union of Cape Verde Workers (UNTC-CS) and the Cape Verde Confederation of Free Trade Unions (CCSL) support the revision of section 3(3) of Legislative Decree No. 84/78 which is in accordance with the provisions of the Convention. The Committee requests the Government to indicate the employers’ and workers’ organizations which the Government intends to consult and in what time frame, given that it does not specify the employers’ and workers’ organizations to which it supplied copies of its report, in accordance with article 23, paragraph 2, of the ILO Constitution. Finally, the Committee recalls that in 1999 the Government indicated that internal discussions had reached total consensus on the need to amend Legislative Decree No. 84/78, but that no amendment has been made. The Committee is therefore bound to ask the Government once again to take the measures necessary, as soon as possible, to bring section 3(3) of Legislative Decree No. 84/78 into full conformity with the Convention.

Article 5. In its previous comments, the Committee asked the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a specific provision providing the granting of benefits for employment injuries when the persons concerned are resident abroad in order to give full effect to Article 5 (branch (g)) of the Convention. The Committee notes that according to section 7 of Legislative Decree No. 5/2004 of 16 February 2004, beneficiaries of compulsory social protection maintain their right to cash benefits when they transfer their residence abroad, subject to the provisions established by the law and the applicable international instruments. Since the compulsory social protection system does not include benefits for employment injury, which are covered by separate regulations (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee trusts that the Government will not fail to apply the same principle of maintaining rights in the event of residence abroad also in regard to the granting of benefits for employment injury in law as well as in practice. With regard to the situation in law, the Committee considers that the application of article 11(4) of the Constitution of Cape Verde establishing the supremacy of international conventions over any national legislation requires that Legislative Decree No. 84/78 be brought specifically into conformity with Article 5 of the Convention in order to avoid any ambiguity in legislation and its practical application. Not having received from the Government the information requested on the internal regulations laying down procedures giving effect in practice to this constitutional principle in the light of Convention No. 118, the Committee also requests the Government to supply information showing the effective transfer by the National Social Security Institute or another relevant institute of the amounts of benefits for employment injury to beneficiaries residing abroad.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the report transmitted by the Government, as well as the comments made by the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB), the National Union of Workers of Cape Verde – Trade Union (UNTC-CS) and the Cape Verde Confederation of Free Trade Unions (CCSL) concerning the application of the Convention.

Article 2 of the Convention. In its report, the Government states that it will take account of the comments previously made by the Committee when amending section 3(1) of Legislative Decree No. 84/78 of 22 September 1978 in order to remove any reference to the blanket exclusion from its scope of foreign workers who are employed temporarily in the national territory by a foreign enterprise. The Committee notes this information with interest and notes that this amendment will be made within the framework of the adoption of a new Labour Code, the draft version of which was prepared in collaboration with the Office. It notes, furthermore, that in their comments the three organizations above expressed support for such a revision in order to bring the national legislation into conformity with Convention No. 19. In these circumstances, the Committee hopes that the necessary amendments will soon be adopted and that the Government will be in a position to transmit them with its next report. The Committee takes this opportunity to recall that, under the terms of this provision of the Convention, when foreign workers are victims of occupational accidents while employed temporarily or intermittently on the territory of Cape Verde on behalf of an undertaking situated abroad, it is not authorized to exclude these workers from the scope of application of Cape Verdean law except in the case of the prior conclusion between the States concerned of special agreements providing for the application of the legislation of the State of origin.

Part V of the report form. The Committee notes the Government’s statement that it still does not have any statistical data concerning occupational accidents. It trusts that the Government will be in a position to transmit such information with its next report indicating, as far as possible, the number and nationality of foreign workers employed in the country, the number of those involved in occupational accidents, in particular in the construction sector where, according to the CCSL, many occupational accidents occur.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that according to information supplied by the Government there have been no amendments to legislation concerning this Convention. The situation described by the Government in its previous report remains unchanged. The Committee hopes that in its next report the Government will be able to indicate the adoption of measures aimed at ensuring improved application of the Convention. In this regard, it recalls the following points raised in its previous direct request.

1. Article 2 of the Convention. In previous comments the Committee pointed out that section 3(3) of Legislative Decree No. 84/78 to establish compulsory insurance for industrial accidents, which excludes from its scope foreign workers who are employed temporarily in Cape Verde by a foreign enterprise, does not fully comply with the requirements of the Convention. Article 2 does allow the conclusion of special agreements between Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member; however, a blanket exclusion is contrary to the provisions of the Convention.

In reply, the Government explains that under section 11(4) of the Constitution of the Republic of Cape Verde the provisions of international agreements take precedence over domestic law. The Government therefore considers that it can conclude special agreements of the type provided under Article 2 of the Convention without repealing section 3 of Legislative Decree 84/78. The Committee notes this information. It points out that its comments applied to the need to amend section 3(3) of the Decree in order to delete any reference to a blanket exclusion of foreign workers who are employed temporarily in Cape Verde by a foreign enterprise in the scope of the Decree and hence the compulsory insurance protection against occupational accidents. The Committee therefore suggests that the Government should supplement section 3(3) of the Decree by a provision stipulating that exclusion of these workers from the scope of the Decree is allowed only subject to the prior conclusion of special agreements between Cape Verde and the Members concerned. The Committee also refers to its comments under Articles 3 and 4 of the Equality of Treatment (Social Security) Convention, 1962 (No. 118).

2. The Committee also notes the Government’s statement that statistical information is not yet available. It requests the Government to provide information on any progress made in this respect.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that according to information supplied by the Government there have been no amendments to legislation concerning this Convention. The situation described by the Government in its previous report remains unchanged. The Committee hopes that in its next report the Government will be able to indicate the adoption of measures aimed at ensuring improved application of the Convention. In this regard, it recalls the following points raised in its previous direct request.

1. Article 2 of the Convention. In previous comments the Committee pointed out that section 3(3) of Legislative Decree No. 84/78 to establish compulsory insurance for industrial accidents, which excludes from its scope foreign workers who are employed temporarily in Cape Verde by a foreign enterprise, does not fully comply with the requirements of the Convention. Article 2 does allow the conclusion of special agreements between Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member; however, a blanket exclusion is contrary to the provisions of the Convention.

In reply, the Government explains that under section 11(4) of the Constitution of the Republic of Cape Verde the provisions of international agreements take precedence over domestic law. The Government therefore considers that it can conclude special agreements of the type provided under Article 2 of the Convention without repealing section 3 of Legislative Decree 84/78. The Committee notes this information. It points out that its comments applied to the need to amend section 3(3) of the Decree in order to delete any reference to a blanket exclusion of foreign workers who are employed temporarily in Cape Verde by a foreign enterprise in the scope of the Decree and hence the compulsory insurance protection against occupational accidents. The Committee therefore suggests that the Government should supplement section 3(3) of the Decree by a provision stipulating that exclusion of these workers from the scope of the Decree is allowed only subject to the prior conclusion of special agreements between Cape Verde and the Members concerned. The Committee also refers to its comments under Articles 3 and 4 of the Equality of Treatment (Social Security) Convention, 1962 (No. 118).

2. The Committee also notes the Government’s statement that statistical information is not yet available. It requests the Government to provide information on any progress made in this respect.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that, according to the information supplied by the Government, legislation on the subject of this Convention has not been amended. The situation described by the Government in its previous reports remains unchanged. The Committee hopes that in its next report the Government will indicate the adoption of measures designed to provide improved application of the Convention. It reiterates the points raised in its previous direct request which read as follows.

In reply to the Committee’s previous comments, the Government indicates that following internal discussions there is a total consensus regarding the need to amend Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, as well as the social security system as a whole. As regards the discrepancies between the said Decree and the provisions of the Convention pointed out by the Committee, the Government recalls that, according to section 11(4) of the Cape Verde Constitution, Conventions take precedence over all national legislations.

The Committee notes this information with interest. It expresses the hope that during revision of the abovementioned Decree, and in order to avoid any ambiguity in legislation, the Government will have no difficulty in bringing the provisions into full conformity with those of the Convention, particularly:

(i)  by amending explicitly section 3(3) of the Decree which subordinates equality of treatment of foreign workers engaged in an occupational activity in Cape Verde to the condition of reciprocity, contrary to Articles 3 and 4 of the Convention which provide for an automatic system of reciprocity for States that have ratified this instrument;

(ii)  by incorporating in the Decree an express provision stipulating the provision of benefits for occupational accidents and illnesses in the event of residence abroad of the person concerned, in order to give full effect to Article 5 in relation to branch (g) of the Convention (employment injury benefit); and

(iii)  by adopting provisions extending expressly the application of the Convention to refugees and stateless persons, in accordance with Article 10.

Meanwhile, the Committee requests the Government once again to supply information on the legislative provisions and procedures implementing in practice the abovementioned constitutional principle, for example, internal regulations or administrative circulars of the National Social Security Institute. Similarly, it expresses the hope that the Government will continue to supply information on any new bilateral convention concluded with other States with which it has migratory flows for the purpose of giving full effect to Articles 6 and 7 of the Convention. Finally, noting that the Government cannot currently supply statistics on the number and nationality of foreign workers, stateless persons and refugees in Cape Verde, as requested in previous comments in accordance with Part V of the report form on the Convention, the Committee expresses the hope that the Government will be in a position to collect such data and supply them in its next report. It would be grateful also to have statistics on the number of Cape Verde nationals working abroad, with an indication of the countries in which they are working.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that, according to the information supplied by the Government, legislation on the subject of this Convention has not been amended. The situation described by the Government in its previous reports remains unchanged. The Committee hopes that in its next report the Government will indicate the adoption of measures designed to provide improved application of the Convention. It reiterates the points raised in its previous direct request which read as follows.

In reply to the Committee’s previous comments, the Government indicates that following internal discussions there is a total consensus regarding the need to amend Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, as well as the social security system as a whole. As regards the discrepancies between the said Decree and the provisions of the Convention pointed out by the Committee, the Government recalls that, according to section 11(4) of the Cape Verde Constitution, Conventions take precedence over all national legislations.

The Committee notes this information with interest. It expresses the hope that during revision of the abovementioned Decree, and in order to avoid any ambiguity in legislation, the Government will have no difficulty in bringing the provisions into full conformity with those of the Convention, particularly:

(i)  by amending explicitly section 3(3) of the Decree which subordinates equality of treatment of foreign workers engaged in an occupational activity in Cape Verde to the condition of reciprocity, contrary to Articles 3 and 4 of the Convention which provide for an automatic system of reciprocity for States that have ratified this instrument;

(ii)  by incorporating in the Decree an express provision stipulating the provision of benefits for occupational accidents and illnesses in the event of residence abroad of the person concerned, in order to give full effect to Article 5 in relation to branch (g) of the Convention (employment injury benefit); and

(iii)  by adopting provisions extending expressly the application of the Convention to refugees and stateless persons, in accordance with Article 10.

Meanwhile, the Committee requests the Government once again to supply information on the legislative provisions and procedures implementing in practice the abovementioned constitutional principle, for example, internal regulations or administrative circulars of the National Social Security Institute. Similarly, it expresses the hope that the Government will continue to supply information on any new bilateral convention concluded with other States with which it has migratory flows for the purpose of giving full effect to Articles 6 and 7 of the Convention. Finally, noting that the Government cannot currently supply statistics on the number and nationality of foreign workers, stateless persons and refugees in Cape Verde, as requested in previous comments in accordance with Part V of the report form on the Convention, the Committee expresses the hope that the Government will be in a position to collect such data and supply them in its next report. It would be grateful also to have statistics on the number of Cape Verde nationals working abroad, with an indication of the countries in which they are working.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request which read as follows:

The Committee notes that according to information supplied by the Government there have been no amendments to legislation concerning this Convention. The situation described by the Government in its previous report remains unchanged. The Committee hopes that in its next report the Government will be able to indicate the adoption of measures aimed at ensuring improved application of the Convention. In this regard, it recalls the following points raised in its previous direct request.

1. Article 2 of the Convention. In previous comments the Committee pointed out that section 3(3) of Legislative Decree No. 84/78 to establish compulsory insurance for industrial accidents, which excludes from its scope foreign workers who are employed temporarily in Cape Verde by a foreign enterprise, does not fully comply with the requirements of the Convention. Article 2 does allow the conclusion of special agreements between Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member; however, a blanket exclusion is contrary to the provisions of the Convention.

In reply, the Government explains that under section 11(4) of the Constitution of the Republic of Cape Verde the provisions of international agreements take precedence over domestic law. The Government therefore considers that it can conclude special agreements of the type provided under Article 2 of the Convention without repealing section 3 of Legislative Decree 84/78. The Committee notes this information. It points out that its comments applied to the need to amend section 3(3) of the Decree in order to delete any reference to a blanket exclusion of foreign workers who are employed temporarily in Cape Verde by a foreign enterprise in the scope of the Decree and hence the compulsory insurance protection against occupational accidents. The Committee therefore suggests that the Government should supplement section 3(3) of the Decree by a provision stipulating that exclusion of these workers from the scope of the Decree is allowed only subject to the prior conclusion of special agreements between Cape Verde and the Members concerned. The Committee also refers to its comments under Articles 3 and 4 of the Equality of Treatment (Social Security) Convention, 1962 (No. 118).

2. The Committee also notes the Government’s statement that statistical information is not yet available. It requests the Government to provide information on any progress made in this respect.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

1. Article 2, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2). In its previous comments the Committee drew the Government’s attention to the provisions of section 14 of the Civil Code and section 3(1) of Legislative Decree No. 84/78 on compulsory occupational accident insurance. Under these provisions, foreign workers are not considered to be in the same position as nationals unless there is a reciprocal arrangement with their country of origin. In its last report the Government indicates that the law remains unchanged, but that a revision of Decree No. 84/78 is being envisaged and it will enable the legislation to be brought into conformity with the Convention. The Committee takes note of this information. It trusts that, in its next report, the Government will be able to indicate the adoption of measures for the elimination of any condition of reciprocity laid down in the abovementioned legislation with regard to compensation for occupational accidents, in accordance with the Convention. Please provide copies of any texts adopted in this regard.

2. With reference to the Committee’s previous comments, the Government states that it lacks the material and human resources to compile and process statistical data. The Committee notes the Government’s difficulties and hopes that it will be possible to overcome them in the near future and that the Government will be in a position in its future reports to provide the information requested under Part V of the report form.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that according to information supplied by the Government there have been no amendments to legislation concerning this Convention. The situation described by the Government in its previous report remains unchanged. The Committee hopes that in its next report the Government will be able to indicate the adoption of measures aimed at ensuring improved application of the Convention. In this regard, it recalls the following points raised in its previous direct request.

1. Article 2 of the Convention. In previous comments the Committee pointed out that section 3(3) of Legislative Decree No. 84/78 to establish compulsory insurance for industrial accidents, which excludes from its scope foreign workers who are employed temporarily in Cape Verde by a foreign enterprise, does not fully comply with the requirements of the Convention. Article 2 does allow the conclusion of special agreements between Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member; however, a blanket exclusion is contrary to the provisions of the Convention.

In reply, the Government explains that under section 11(4) of the Constitution of the Republic of Cape Verde the provisions of international agreements take precedence over domestic law. The Government therefore considers that it can conclude special agreements of the type provided under Article 2 of the Convention without repealing section 3 of Legislative Decree 84/78. The Committee notes this information. It points out that its comments applied to the need to amend section 3(3) of the Decree in order to delete any reference to a blanket exclusion of foreign workers who are employed temporarily in Cape Verde by a foreign enterprise in the scope of the Decree and hence the compulsory insurance protection against occupational accidents. The Committee therefore suggests that the Government should supplement section 3(3) of the Decree by a provision stipulating that exclusion of these workers from the scope of the Decree is allowed only subject to the prior conclusion of special agreements between Cape Verde and the Members concerned. The Committee also refers to its comments under Articles 3 and 4 of the Equality of Treatment (Social Security) Convention, 1962 (No. 118).

2. The Committee also notes the Government’s statement that statistical information is not yet available. It requests the Government to provide information on any progress made in this respect.

[The Government is asked to report in detail in 2002.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that, according to the information supplied by the Government, legislation on the subject of this Convention has not been amended. The situation described by the Government in its previous reports remains unchanged. The Committee hopes that in its next report the Government will indicate the adoption of measures designed to provide improved application of the Convention. It reiterates the points raised in its previous direct request which read as follows.

In reply to the Committee’s previous comments, the Government indicates that following internal discussions there is a total consensus regarding the need to amend Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, as well as the social security system as a whole. As regards the discrepancies between the said Decree and the provisions of the Convention pointed out by the Committee, the Government recalls that, according to section 11(4) of the Cape Verde Constitution, Conventions take precedence over all national legislations.

The Committee notes this information with interest. It expresses the hope that during revision of the abovementioned Decree, and in order to avoid any ambiguity in legislation, the Government will have no difficulty in bringing the provisions into full conformity with those of the Convention, particularly:

(i)  by amending explicitly section 3(3) of the Decree which subordinates equality of treatment of foreign workers engaged in an occupational activity in Cape Verde to the condition of reciprocity, contrary to Articles 3 and 4 of the Convention which provide for an automatic system of reciprocity for States that have ratified this instrument;

(ii)  by incorporating in the Decree an express provision stipulating the provision of benefits for occupational accidents and illnesses in the event of residence abroad of the person concerned, in order to give full effect to Article 5 in relation to branch (g) of the Convention (employment injury benefit); and

(iii)  by adopting provisions extending expressly the application of the Convention to refugees and stateless persons, in accordance with Article 10.

Meanwhile, the Committee requests the Government once again to supply information on the legislative provisions and procedures implementing in practice the abovementioned constitutional principle, for example, internal regulations or administrative circulars of the National Social Security Institute. Similarly, it expresses the hope that the Government will continue to supply information on any new bilateral convention concluded with other States with which it has migratory flows for the purpose of ­­­giving full effect to Articles 6 and 7 of the Convention. Finally, noting that the Government cannot currently supply statistics on the number and nationality of foreign workers, stateless persons and refugees in Cape Verde, as requested in previous comments in accordance with Part V of the report form on the Convention, the Committee expresses the hope that the Government will be in a position to collect such data and supply them in its next report. It would be grateful also to have statistics on the number of Cape Verde nationals working abroad, with an indication of the countries in which they are working.

[The Government is requested to report in detail in 2002.]

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  Article 2, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2).  In its previous comments, the Committee drew the Government’s attention to the provisions of section 14 of the Civil Code and section 3, paragraph 1, of Legislative Decree No. 84/78 respecting compulsory occupational accident insurance, under which foreign workers are not considered to be in a similar situation to nationals unless there is a reciprocal arrangement with the country of which they are nationals. It also noted the Government’s intention to adopt the measures needed to bring this legislation into conformity with the Convention. The Committee notes that in its last report the Government provides no information on this matter. In these circumstances, it is bound to express once again the hope that the Government will be able in its next report to indicate the adoption of measures for the elimination of any condition of reciprocity laid down in the abovementioned legislation in the sphere of compensation for occupational accidents, in accordance with the Convention.

2.  The Committee notes the Government’s information to the effect that the statistical data requested under Part V of the report form is not available or has not been processed or obtained. In this context, the Committee hopes that once this statistical data has been processed and collected the Government will supply it with its future reports.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous comments:

1. Article 2, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2). With reference to its previous comments, the Committee notes with interest that under section 23 of the new Constitution promulgated on 4 September 1992 foreigners and stateless persons benefit in the national territory from the same rights, liberties and guarantees and are subject to the same obligations as nationals, with the exception of political rights and those reserved by the Constitution or the law to nationals. Therefore, the condition of reciprocity provided for by section 26 of the former Constitution has been repealed.

With regard to section 14 of the Civil Code and section 3, paragraph 1, of Legislative Decree No. 84/78 respecting compulsory occupational accident insurance, under which foreign workers are not considered to be in a similar situation to nationals unless there is a reciprocal arrangement with their respective country, the Committee also takes due note of the Government's intention to adopt the necessary measures in order to bring this legislation in line with the Convention. The Committee therefore once again hopes that these measures will be adopted soon so as to eliminate, in conformity with the Convention, all conditions of reciprocity in the field of compensation for occupational accidents established by the abovementioned legislation.

2. The Committee notes that the Government's report did not contain the statistical data requested under Part V of the report form approved by the Governing Body of the ILO. It therefore once again asks the Government to provide this information as soon as possible.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

In reply to the Committee's previous comments, the Government indicates that following internal discussions there is a total consensus regarding the need to amend Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, as well as the social security system as a whole. As regards the discrepancies between the said Decree and the provisions of the Convention pointed out by the Committee, the Government recalls that, according to section 11(4) of the Cape Verde Constitution, Conventions take precedence over all national legislation.

The Committee notes this information with interest. It hopes that in revising the abovementioned Decree and in order to avoid any ambiguity in law, the Government would have no difficulty in bringing the provisions of the Decree into conformity with the Convention, in particular, by:

(1) explicitly amending section 3(3) of the Decree which subjects equality of treatment of foreign workers engaged in an occupational activity in Cape Verde to the condition of reciprocity, contrary to Articles 3 and 4 of the Convention which establish an automatic system of reciprocity for the ratifying States;

(2) including in the Decree an express provision for the payment of employment injury benefit in the event of residence abroad, so as to give full effect to Article 5 (branch (g) -- employment injury benefit) of the Convention; and

(3) adopting provisions expressly extending the application of the Convention to refugees and stateless persons, in accordance with Article 10.

In the meantime, the Committee once again would like the Government to supply information on the provisions of law and procedures giving effect to the abovementioned constitutional principle with respect to Convention No. 118 in practice, such as, for example, internal rules or administrative circulars of the National Institute of Social Security. It also hopes that the Government would continue to supply information on any new bilateral agreements with other States with which there are migratory flows, with a view to giving better effect to Articles 6 and 7 of the Convention. Finally, noting that the Government does not have at the moment the statistical data on the number and nationality of foreign workers, stateless persons and refugees in Cape Verde, which was requested in its previous comments in accordance with Part V of the report form on the Convention, the Committee hopes that the Government would be able to collect such data and to provide the same in its next report. It would also appreciate receiving statistics on the number of Cape Verde nationals working abroad, and the countries where they are working.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Articles 3 and 4 of the Convention. The Committee has previously pointed out that under section 3(3) of Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, equality of treatment for foreign workers engaged in an occupational activity in Cape Verde is subject to the condition of reciprocity, whereas the Convention establishes an automatic system of reciprocity for the Members that have ratified it. In reply, the Government states that section 11(4) of the Cape Verde Constitution implicitly provides that all nationals of countries which ratify Convention No. 118 shall enjoy equal treatment regarding workers' compensation, without condition of residence and irrespective of the conclusion of reciprocal agreements, and thereby implies that the relevant part of section 3(3) of Legislative Decree No. 84/78 is revoked. Moreover, according to the Government, Conventions take precedence over all national legislation, and Convention No. 118 would therefore override section 3(3) of Legislative Decree No. 84/78. Furthermore, the Government states that nationals of all member States in which the Convention is in force shall enjoy all the benefits provided to Cape Verde nationals, and shall have the same obligations; and that survivors' benefits are granted to the survivors of citizens of a member State for which the Convention is in force, irrespective of the survivor's nationality. The Committee notes this information. It would like the Government to supply further information on the sources of law, such as administrative circulars of the National Institute of Social Security (INSS), which implement this constitutional principle, as well as a copy of the relevant legal provisions. It also trusts that the Government will have no difficulty explicitly amending section 3(3) of Legislative Decree No. 84/78, in order to avoid any ambiguity. It would appreciate being kept informed of any progress in this respect.

See also the direct request (1996) pertaining to Article 2 of the Equality of Treatment (Accidents) Convention, 1925 (No. 19) concerning section 3(3) of Legislative Decree No. 84/78.

Article 5. (a) Branch (g) (employment injury benefit). The Committee has previously pointed out that the above-mentioned Legislative Decree No. 84/78 does not provide for the payment of employment injury benefit in the event of residence abroad, contrary to Article 5 of the Convention. In reply, the Government states that national legislation does provide for the granting of benefit in the country of residence; that the machinery for guaranteeing payment of benefit abroad includes bilateral agreements (with France, Italy, Luxembourg, Netherlands, Portugal and Sweden); and that direct payments of cash benefits are made through banking services and other methods. The Committee notes this information. It requests a copy of the relevant law or administrative circulars of the INSS and further information on their application in practice.

(b) The Committee notes that the Government's report does not contain the requested information regarding the manner in which, in practice, the benefits granted under sections 11 and 12 of Legislative Decree No. 114/82 of 22 December 1982 are provided in the event of residence abroad not only to nationals and foreigners but also to refugees and stateless persons. It again hopes that the Government will be able to supply in its next report the information requested.

Article 6. Further to the previous comments of the Committee, the Government states that payment of allowances is guaranteed, in accordance with the agreements concluded, to the children of nationals of all other signatory member States residing in the territory of one of these States. The family benefit is granted in accordance with the legislation of the country where the migrant works, with the exception of France, where a schedule similar to the amount paid in the country of residence of the children is applicable. The Committee notes this information. It would like the Government to supply further information on any progress made in concluding bilateral agreements with other States which have accepted branch (i) and with which there are migratory flows.

Article 7. In reply to previous comments, the Government states that the social insurance legislation of Cape Verde provides for the maintenance of acquired rights or rights in the course of acquisition of nationals and citizens of countries in which the Convention is in force, in respect of all the branches contained in the material scope of the Convention. The social security agreements concluded with other States contain the principle of totalization of periods.

Furthermore, the cost of invalidity, old-age, and survivors' benefits shall be shared between the countries in which the worker has made contributions, with account being taken of the periods of insurance in the two co-signatory States, as well as the wages contributing to the establishment of the pension. The Committee notes this information. It would like the Government to continue to provide information on any new agreements concluded or contemplated for participation in schemes for the maintenance of rights.

Article 10. The Committee notes that the Government's report does not contain the requested information concerning the application of the Convention to refugees and stateless persons. It again requests information on the application of this Article of the Convention.

Article 11. The Committee takes note of the information contained in the Government's report. The Committee hopes that when the occasion arises the Government will provide to other States bound by the Convention administrative assistance free of charge, with a view to facilitating its application.

The Committee requests the Government to supply statistics on the number and nationality of foreign workers in Cape Verde, including statistics on the number of stateless persons and refugees in Cape Verde, in accordance with point V of the report form. It would also appreciate receiving statistics on the number of Cape Verde nationals working abroad, and the countries where they are working.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. Article 2 of the Convention. In previous comments the Committee had pointed out that section 3(3) of Legislative Decree No. 84/78 to establish compulsory insurance for industrial accidents, which excludes from its scope foreign workers who are employed temporarily in Cape Verde by a foreign enterprise, does not fully comply with the requirements of the Convention. Article 2 does allow the conclusion of special agreements between Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member; however, a blanket exclusion is contrary to the provisions of the Convention.

In reply, the Government explains that under section 11(a) of the Constitution of the Republic of Cape Verde the provisions of international agreements take precedence over domestic law, and therefore section 3(3) of Legislative Decree 84/78 is implicitly revoked. The Committee notes this information. It points out, however, that those workers who are not covered by an agreement concluded under Article 2 would remain under Article 1 of the Convention and that section 3(3) would be inconsistent with Article 1 and it is only in such cases that section 3(3) would stand implicitly repeated and not in other cases. The Committee therefore trusts that the Government will take the necessary steps in the near future to comply fully with the Convention on this point both in law and in practice. The Committee also refers to its comments under Articles 3 and 4 of the Equality of Treatment (Social Security) Convention, 1962 (No. 118).

2. The Committee also notes the Government's statement that statistical information is not yet available. It would appreciate being kept informed of any progress made in this respect.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Articles 3 and 4 of the Convention. The Committee has previously pointed out that under section 3(3) of Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, equality of treatment for foreign workers engaged in an occupational activity in Cape Verde is subject to the condition of reciprocity, whereas the Convention establishes an automatic system of reciprocity for the Members that have ratified it. In reply, the Government states that section 11(4) of the Cape Verde Constitution implicitly provides that all nationals of countries which ratify Convention No. 118 shall enjoy equal treatment regarding workers' compensation, without condition of residence and irrespective of the conclusion of reciprocal agreements, and thereby implies that the relevant part of section 3(3) of Legislative Decree No. 84/78 is revoked. Moreover, according to the Government, Conventions take precedence over all national legislation, and Convention No. 118 would therefore override section 3(3) of Legislative Decree No. 84/78. Furthermore, the Government states that nationals of all member States in which the Convention is in force shall enjoy all the benefits provided to Cape Verde nationals, and shall have the same obligations; and that survivors' benefits are granted to the survivors of citizens of a member State for which the Convention is in force, irrespective of the survivor's nationality. The Committee notes this information. It would like the Government to supply further information on the sources of law, such as administrative circulars of the National Institute of Social Security (INSS), which implement this constitutional principle, as well as a copy of the relevant legal provisions. It also trusts that the Government will have no difficulty explicitly amending section 3(3) of Legislative Decree No. 84/78, in order to avoid any ambiguity. It would appreciate being kept informed of any progress in this respect.

See also the direct request pertaining to Article 2 of the Equality of Treatment (Accidents) Convention, 1925 (No. 19) concerning section 3(3) of Legislative Decree No. 84/78.

Article 5. (a) Branch (g) (employment injury benefit). The Committee has previously pointed out that the above-mentioned Legislative Decree No. 84/78 does not provide for the payment of employment injury benefit in the event of residence abroad, contrary to Article 5 of the Convention. In reply, the Government states that national legislation does provide for the granting of benefit in the country of residence; that the machinery for guaranteeing payment of benefit abroad includes bilateral agreements (with France, Italy, Luxembourg, Netherlands, Portugal and Sweden); and that direct payments of cash benefits are made through banking services and other methods. The Committee notes this information. It requests a copy of the relevant law or administrative circulars of the INSS and further information on their application in practice.

(b) The Committee notes that the Government's report does not contain the requested information regarding the manner in which, in practice, the benefits granted under sections 11 and 12 of Legislative Decree No. 114/82 of 22 December 1982 are provided in the event of residence abroad not only to nationals and foreigners but also to refugees and stateless persons. It again hopes that the Government will be able to supply in its next report the information requested.

Article 6. Further to the previous comments of the Committee, the Government states that payment of allowances is guaranteed, in accordance with the agreements concluded, to the children of nationals of all other signatory member States residing in the territory of one of these States. The family benefit is granted in accordance with the legislation of the country where the migrant works, with the exception of France, where a schedule similar to the amount paid in the country of residence of the children is applicable. The Committee notes this information. It would like the Government to supply further information on any progress made in concluding bilateral agreements with other States which have accepted branch (i) and with which there are migratory flows.

Article 7. In reply to previous comments, the Government states that the social insurance legislation of Cape Verde provides for the maintenance of acquired rights or rights in the course of acquisition of nationals and citizens of countries in which the Convention is in force, in respect of all the branches contained in the material scope of the Convention. The social security agreements concluded with other States contain the principle of totalization of periods.

Furthermore, the cost of invalidity, old-age, and survivors' benefits shall be shared between the countries in which the worker has made contributions, with account being taken of the periods of insurance in the two co-signatory States, as well as the wages contributing to the establishment of the pension. The Committee notes this information. It would like the Government to continue to provide information on any new agreements concluded or contemplated for participation in schemes for the maintenance of rights.

Article 10. The Committee notes that the Government's report does not contain the requested information concerning the application of the Convention to refugees and stateless persons. It again requests information on the application of this Article of the Convention.

Article 11. The Committee takes note of the information contained in the Government's report. The Committee hopes that when the occasion arises the Government will provide to other States bound by the Convention administrative assistance free of charge, with a view to facilitating its application.

The Committee requests the Government to supply statistics on the number and nationality of foreign workers in Cape Verde, including statistics on the number of stateless persons and refugees in Cape Verde, in accordance with point V of the report form. It would also appreciate receiving statistics on the number of Cape Verde nationals working abroad, and the countries where they are working.

[The Government is asked to report in detail in 1998.]

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous comments, the Committee notes that the Government's report did not contain the statistical data requested under point V of the report form approved by the Governing Body of the ILO. It therefore once again asks the Government to provide this information as soon as possible.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 2, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2). With reference to its previous comments, the Committee notes with interest that under section 23 of the new Constitution promulgated on 4 September 1992 foreigners and stateless persons benefit in the national territory from the same rights, liberties and guarantees and are subject to the same obligations as nationals, with the exception of political rights and those reserved by the Constitution or the law to nationals. Therefore, the condition of reciprocity provided for by section 26 of the former Constitution has been repealed.

With regard to section 14 of the Civil Code and section 3, paragraph 1, of Legislative Decree No. 84/78 respecting compulsory occupational accident insurance, under which foreign workers are not considered to be in a similar situation to nationals unless there is a reciprocal arrangement with their respective country, the Committee also takes due note of the Government's intention to adopt the necessary measures in order to bring this legislation in line with the Convention. The Committee therefore once again hopes that these measures will be adopted soon so as to eliminate, in conformity with the Convention, all conditions of reciprocity in the field of compensation for occupational accidents established by the above-mentioned legislation.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 2 of the Convention. The Committee notes with interest the Government's statement that its previous comments on section 3(3) of Legislative Decree No. 84/78 to establish compulsory insurance for industrial accidents will duly be taken into account in a future revision of the relevant legislation. The Committee therefore hopes that measures will be taken shortly to bring this provision of the legislation into full conformity with Article 2 of the Convention which provides that the exclusion of workers temporarily or intermittantly employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be subject to the conclusion of an agreement between the Members concerned guaranteeing to the workers, who are excluded from the scope of the first Member's legislation, that the legislation of the second Member shall remain applicable to them during the period of their temporary employment in the territory of the first Member. The Committee would be grateful if in its next report the Government would provide information on progress made in this respect.

Point V of the report form. In reply to the request for information on the practical effect given to the Convention, the Government indicates that the particulars requested are not yet available. The Committee hopes that the Government will be able to provide this information, including statistics, with its next report.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Articles 3 and 4 of the Convention. In its previous comments, the Committee pointed out that under section 3 of Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, equality of treatment for foreign workers engaged in an occupational activity in Cape Verde is subject to the condition of reciprocity, whereas the Convention establishes an automatic system of reciprocity for the Members that have ratified it. In this connection, the Committee takes note of the information supplied by the Government in its report, to the effect that the provisions of section 6(2) of Decree No. 114/82 of 22 December 1982, under which reciprocity is not required in respect of nationals of countries that have ratified an international convention, also apply to the compulsory insurance scheme for industrial accidents. It however hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary steps to amend section 3 of Legislative Decree No. 84/78 so that it explicitly provides for equal treatment in respect of compensation for industrial accidents for all nationals of countries that have ratified the present Convention, without it being conditional upon residence and irrespective of any reciprocity agreement concluded in this regard.

2. Article 5. (a) Branch (g): employment injury benefit. With reference to its previous comments concerning Legislative Decree No. 84/78 mentioned above which, contrary to this provision of the Convention, does not provide for the payment of employment injury benefit in the event of residence abroad, the Committee notes the Government's statement that it plans to examine the necessary amendments. The Committee hopes that it will be possible for Legislative Decree No. 84/78 to be amended in the near future so that it gives full effect to Article 5 of the Convention.

(b) Regarding the manner in which, in practice, the benefits granted under sections 11 and 12 of Legislative Decree No. 114/82 of 22 December 1982 are provided in the event of residence abroad not only to nationals and foreigners but also to refugees and stateless persons, the Committee notes from the Government's report that the competent department is to examine the situation and gather the necessary information. It therefore hopes that the Government will be able to supply the information requested in its next report.

3. The Committee refers to its previous comments concerning Article 6 (payment of family allowances in respect of children who reside abroad), Article 7 (maintenance of acquired rights and rights in course of acquisition), Article 10 (application of the Convention to refugees and stateless persons) and Article 11 (administrative assistance). It hopes that, in accordance with the assurances given in its report, the Government will not fail to provide detailed information on the measures that have been taken or are envisaged to ensure the application of these provisions of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 2 of the Convention. Under the terms of section 3(3) of Legislative Decree No. 84/78, foreign workers who are temporarily in Cape Verde in the service of a foreign enterprise or international organisation and who, as such, are entitled to compensation for industrial accidents, are excluded from the scope of the Decree. This provision is not entirely in accordance with Article 2 of the Convention, which provides that the exclusion of workers temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be subject to the conclusion of an agreement between the Members concerned to guarantee to the workers, who are excluded from the scope of the first Member's legislation, that the legislation of the second Member remains applicable during the period of their temporary employment. The Committee requests the Government to indicate the measures that it is proposing to take to bring its legislation into full conformity with the Convention on this point.

2. Please also supply information on the application of the Convention in practice, and in particular statistics, as requested under point V of the report form adopted by the Governing Body of the ILO on this Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the Government's first report and wishes to draw attention to the following points:

Article 3 of the Convention. Under the terms of section 3 of Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, foreign workers engaged in an occupational activity in Cape Verde enjoy the same rights as nationals, subject to the condition of reciprocity of rights in their country. In view of the fact that the Convention establishes an automatic system of reciprocity for the Members that have ratified it, the Committee would be grateful if the Government would indicate whether section 6(2) of Legislative Decree No. 114/82 of 22 September 1982, under which the reciprocity conditions do not apply to the nationals of countries that have ratified an international Convention, also apply to the compulsory insurance scheme for industrial accidents and, if this is not the case, whether it would envisage measures to amend the above section of Decree No. 84/78, so that all the nationals of countries that have ratified the Convention (a list of these countries is given in annex) enjoy equality of treatment with nationals as regards employment injury benefit, without this being conditional upon residence and irrespective of reciprocity agreements concluded in this behalf.

Article 5. (a) (Branch (g) employment injury and occupational diseases). The Committee notes that Legislative Decree No. 84/78 does not provide for the payment of periodical benefits under this branch of the Convention in the event of residence abroad. It requests the Government to envisage measures to give effect to this provision of the Convention; (b) it also requests the Government to indicate the manner in which in practice benefits are provided under sections 11 and 12 of Legislative Decree No. 114/82 of 22 December 1982, to nationals, foreigners, refugees and stateless persons in the event of residence abroad.

Article 6. The Committee requests the Government to indicate, in regard to the family allowances provided under Legislative Decree No. 114/82, as to how and under which provisions effect is given to Article 6 of the Convention, which provides that the granting of family allowances shall be guaranteed both to nationals of Cape Verde and to the nationals of any other State that has accepted the obligations of the Convention for the family allowances branch, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (A list of the States that have accepted the obligations of the Convention for branch (i) is given in annex.)

Article 7. The Committee requests the Government to indicate the measures that it envisages taking, with the agreement of the Members concerned, for the maintenance of acquired rights and rights in course of acquisition, as laid down in this Article.

Article 10. The Committee requests the Government to indicate the measures that have been taken or are envisaged to give effect to this provision of the Convention (see also under Articles 3 and 5).

Article 11. The Committee requests the Government to indicate in its next report the provisions that are envisaged to be taken for providing administrative assistance that must be afforded by Cape Verde, under this provision, to States that are bound by the Convention, a list of which is given in annex (these States are under the same obligation in respect of Cape Verde).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's first report and wishes to draw attention to the following points:

Article 3 of the Convention. Under the terms of section 3 of Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, foreign workers engaged in an occupational activity in Cape Verde enjoy the same rights as nationals, subject to the condition of reciprocity of rights in their country. In view of the fact that the Convention establishes an automatic system of reciprocity for the Members that have ratified it, the Committee would be grateful if the Government would indicate whether section 6(2) of Legislative Decree No. 114/82 of 22 September 1982, under which the reciprocity conditions do not apply to the nationals of countries that have ratified an international Convention, also apply to the compulsory insurance scheme for industrial accidents and, if this is not the case, whether it would envisage measures to amend the above section of Decree No. 84/78, so that all the nationals of countries that have ratified the Convention (a list of these countries is given in annex) enjoy equality of treatment with nationals as regards employment injury benefit, without this being conditional upon residence and irrespective of reciprocity agreements concluded in this behalf.

Article 5. (a) (Branch (g) employment injury and occupational diseases). The Committee notes that Legislative Decree No. 84/78 does not provide for the payment of periodical benefits under this branch of the Convention in the event of residence abroad. It requests the Government to envisage measures to give effect to this provision of the Convention; (b) it also requests the Government to indicate the manner in which in practice benefits are provided under sections 11 and 12 of Legislative Decree No. 114/82 of 22 December 1982, to nationals, foreigners, refugees and stateless persons in the event of residence abroad.

Article 6. The Committee requests the Government to indicate, in regard to the family allowances provided under Legislative Decree No. 114/82, as to how and under which provisions effect is given to Article 6 of the Convention, which provides that the granting of family allowances shall be guaranteed both to nationals of Cape Verde and to the nationals of any other State that has accepted the obligations of the Convention for the family allowances branch, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (A list of the States that have accepted the obligations of the Convention for branch (i) is given in annex.)

Article 7. The Committee requests the Government to indicate the measures that it envisages taking, with the agreement of the Members concerned, for the maintenance of acquired rights and rights in course of acquisition, as laid down in this Article.

Article 10. The Committee requests the Government to indicate the measures that have been taken or are envisaged to give effect to this provision of the Convention (see also under Articles 3 and 5).

Article 11. The Committee requests the Government to indicate in its next report the provisions that are envisaged to be taken for providing administrative assistance that must be afforded by Cape Verde, under this provision, to States that are bound by the Convention, a list of which is given in annex (these States are under the same obligation in respect of Cape Verde).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

1. Article 2, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2). In its previous comments, the Committee drew the Government's attention to the fact that the exception contained in section 3, paragraph 1, of Legislative Decree No. 84/78 of 22 November 1978 respecting compulsory occupational accident insurance, under which foreign workers are not considered to be in a similar situation to nationals unless there is a reciprocal arrangement with the country of which they are nationals, is not authorised by Convention No. 17. In its reply, the Government notes once again that the condition of reciprocity referred to is also set out in section 26 of the Constitution of the Republic of Cape Verde and in section 14 of the Civil Code, but that, in practice, foreigners who work in Cape Verde enjoy the same rights as national workers provided that the former are nationals of countries in which reciprocal arrangements are in force. Furthermore, since Cape Verde has recently ratified Convention No. 19, which has been ratified by the great majority of member States of the ILO, it is unlikely that in practice a foreign worker will not be able to enjoy the same rights as national workers. The Committee notes this information. It wishes, however, to point out once again that any condition of reciprocity runs counter to the protection of the victims of occupational accidents guaranteed by Convention No. 17. Since, in practice, as the Government indicates, all workers, whether they are nationals or foreigners, enjoy the same rights in Cape Verde, the Committee considers that the Government will have no difficulty in eliminating the condition of reciprocity established by virtue of section 3, paragraph 1, of Legislative Decree No. 84/78. It requests the Government to indicate any progress achieved in this respect.

2. With reference to the statistical data requested under point V of the report form approved by the Governing Body of the ILO, the Committee notes once again that this data will be forwarded in due time.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's first report and wishes to draw attention to the following points.

1. Article 2 of the Convention. Under the terms of section 3(3) of Legislative Decree No. 84/78, foreign workers who are temporarily in Cape Verde in the service of a foreign enterprise or international organisation and who, as such, are entitled to compensation for industrial accidents, are excluded from the scope of the Decree. This provision is not entirely in accordance with Article 2 of the Convention, which provides that the exclusion of workers temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be subject to the conclusion of an agreement between the Members concerned to guarantee to the workers, who are excluded from the scope of the first Member's legislation, that the legislation of the second Member remains applicable during the period of their temporary employment. The Committee requests the Government to indicate the measures that it is proposing to take to bring its legislation into full conformity with the Convention on this point.

2. Please also supply information on the application of the Convention in practice, and in particular statistics, as requested under point V of the report form adopted by the Governing Body of the ILO on this Convention.