Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (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.