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

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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.

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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.

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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).

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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.

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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).

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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.

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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).

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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.

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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).

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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.

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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).

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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.

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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.

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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.

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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.]

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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.

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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.

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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.]

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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.

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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).

CMNT_TITLE

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).