Demande directe (CEACR) - adoptée 1996, publiée 85ème session CIT (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.