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

CMNT_TITLE

Previous comment

Articles 1 to 3 of the Convention. Protection against discrimination. Legislation. Scope of application. The Committee notes the Government’s indication, in its report, that no specific regulation has been adopted yet pursuant to section 2 of the Labour Code regarding rural workers and workers in labour-intensive activities who are excluded from the scope of application of the Labour Code. The Committee notes the Government’s indication that: (1) the programme so-called High Intensity Labour Fronts (FAIMO) is now extinguished; and (2) work is underway to elaborate the specific regulations referred to in section 2 of the Labour Code. The Committee asks the Government to indicate: (i) the steps taken to ensure that, both in law and practice, all categories of workers and activities benefit from the protection of the Convention, including rural workers and workers in labour-intensive activities; and (ii) any development concerning the adoption of specific legislation related to these categories of workers and activities.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee recalls that section 410 of the Labour Code and section 25 of Act No. 84/VII/2011 of 10 January 2010, on Gender-based Violence provide for sanctions for sexual harassment committed by the employer, but not by other employees or persons related to work. The Committee welcomes the detailed information provided by the Government regarding awareness-raising, information and training activities organised at workplaces and with workers and workers’ organizations on various aspects of harassment at work. It also observes that, in its Second National Report published in 2020, the National Commission for Human Rights and Citizenships (CNDHC) specifically recommended to expand campaigns and measures to combat sexual harassment at work. In that regard, the Committee notes the Government’s indication that no complaint for sexual harassment at work was recorded by the General Labour Inspectorate (IGT). It however notes that, in its concluding observations, the United Nations (UN) Human Rights Committee expressed specific concerns about barriers to reporting of gender-based violence, including due fear of stigmatization and discrimination among women, and the lack of information about investigations, prosecutions and convictions of perpetrators of violence against women (CCPR/C/CPV/CO/1/Add.1, 3 December 2019, paragraph 13). The Committee asks the Government to take steps to ensure that workers are protected against all forms of sexual harassment in employment and occupation, including in vocational education and training, not only committed by employers but also by other workers or persons related to their work (such as clients or suppliers). It asks the Government to continue to provide information on: (i) any concrete measures implemented to prevent sexual harassment at work, including by raising awareness among workers, employers and their organizations regarding both quid pro quo and hostile environment sexual harassment, in particular in collaboration with the ICIEG and the ACLCVBG; (ii) any measures taken to ensure that victims of sexual harassment have access to a range of reporting mechanisms; and (iii) the number, nature and outcome of complaints or cases of sexual harassment dealt with by the labour inspectors, the courts or any other competent authorities.

Article 1(1)(b). Additional grounds of discrimination. Sexual orientation and gender identity. The Committee notes that the National Plan for Gender Equality for 2021–25 (PNIG), adopted through Resolution No. 1/2022 of 5 January 2022, highlights the specific difficulties faced by lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people in entering the labour market, as well as the lack of a legal framework that prohibits discrimination based on the grounds of sexual orientation or gender identity. Similarly, the Second Strategic Plan for Sustainable Development for 2022-2026 (PEDS II) acknowledges, under its social pillar, the persistence of discrimination against LGBTIQ people and the need to address such situation through: (1) the adoption of a specific legislation; (2) collection of relevant data; and (3) capacity-building activities on LGBTIQ people’s rights. Referring to its observation, the Committee notes that a draft legislation elaborated by the National Commission for Human Rights and Citizenship (CNDHC) aims at prohibiting direct, indirect and multiple discrimination, including on the grounds of sexual orientation and gender identity. Observing that the draft anti-discrimination legislation was forwarded to the National Assembly in March 2022, the Committee asks the Government to provide information on any progress made in adopting this legislation and any measures adopted, both in law and practice, to protect all persons against discrimination on the ground of sexual orientation and gender identity in employment and occupation.

Real or perceived HIV/AIDS status. The Committee takes note of the adoption of Law No. 7/X/2022 of 16 May 2022, defining the legal regime for the prevention and comprehensive care of HIV/AIDS, which abrogates Law No. 19/VII/2007. It welcomes the fact, more particularly, that the new legislation acknowledges that discrimination and stigmatisation undermine efforts to prevent and respond to HIV/AIDS, and explicitly prohibits any form of discrimination on the ground of real or perceived HIV status in employment and occupation, as well as the requirement of HIV testing for access to education facilities and employment. All employers, in both the public and private sectors, must ensure that no act of discrimination, stigmatisation or humiliation occurs in the workplace against workers living with HIV/AIDS (sections 11 and 12 of the Law). The Committee notes the Government’s indication that several activities have been organised to raise awareness and disseminate information about the legislation, in particular through local campaigns, social media, and radio and TV spots, in order to prevent and address stigmatisation and discrimination against persons living with HIV/AIDS. The Government adds that specific actions have been implemented to strengthen the institutional capacity and activities of the National Network of people living with HIV/AIDS. Welcoming the efforts made by the Government, the Committee however notes the Government’s statement that more than 90 per cent of persons living with HIV/AIDS are poor and with a low level of education and that this situation tends to worsen as a result of the current economic context. It further notes with concern the Government’s indication that, in 2020, 5 cases of persons living with HIV/AIDS fired or forced to leave their jobs were registered, but that none of them file complaint by fear and shame of stigmatisation from their family and society. The Committee also notes that, in its concluding observations, the Human Rights Committee also expressed concern about reports that persons living with HIV/AIDS continue to face discrimination (CCPR/C/CPV/CO/1/Add.1, 3 December 2019, paragraph 9). The Committee asks to strengthen its efforts in order to ensure that in practice workers are effectively protected against discrimination on the ground of real or perceived HIV status in all aspects of employment and occupation and can access reporting and redress mechanisms. It asks the Government to provide information on: (i) any concrete measures implemented to prevent and address stigmatisation and discrimination on the ground of real or perceived HIV status in employment and occupation, including in collaboration with the National Network of people living with HIV/AIDS; and (ii) the number, nature and outcome of complaints or cases of discrimination on the ground of real or perceived HIV status dealt with by the labour inspectors, the courts or any other competent authorities.

Persons with disabilities. The Committee notes the adoption of Decree-Law No. 56/ 2019 of 31 December 2019 on the selection and recruitment procedures of staff and middle-level management in the public administration, abrogating Decree-Law No. 38/2015, which implements section 30 of Law No. 40/VIII/2013 regarding the mandatory minimum quota of 5 per cent of jobs to be occupied by persons with disability in the public administration (sections 38-40, 54 and 59 of the Decree-Law). It further notes the adoption of Decree-Law No. 21/2019 of 24 May 2019, which provides for the elaboration of programmes with a view to support vocational training and employment of persons with disabilities, through measures aimed at: (1) improving their qualifications; (2) ensuring their integration, maintenance and reintegration into the labour market; and (3) enhancing sheltered work (sections 14 and 15 of the Decree-Law). The Government however states that evaluations have still to be carried out in order to assess the concrete results achieved in relation to the provisions of the Decree-Law. The Committee notes that, in its Second National Report published in 2020, the CNDHC indicates that despite legislative efforts, gaps exist in terms of effective implementation, in particular as a result of: (1) lack of regulations implementing Law No. 40/VIII/2013 which prohibits direct and indirect discrimination against persons with disabilities; and (2) lack of dissemination of information and awareness-raising activities on relevant legislate provisions, including regarding tax benefits for private companies that create jobs for people with disabilities, as provided for under the Tax Benefits Code (Law No. 26/VIII/ 2013 of 21 January 2013, as amended). The CNDHC also highlights reports about persistent discrimination against persons with disabilities, as well as their low level of education, especially due to the lack of appropriate actions to allow their inclusion into education, which certainly has repercussions on their professional level and insertion into employment. Regretting the repeated lack of statistical data available on the number of persons with disabilities hired by the public administration or the private sector, the Committee notes the Government’s indication that it intends to establish a statistical information system in order to determine the socio-economic reality faced by persons with disabilities and identify policies and measures that could better support them. The Committee asks the Government to strengthen its efforts in order to facilitate access to education and vocational training and promote employment opportunities for persons with disabilities, both in the private and public sectors, including by ensuring the effective implementation of Law No. 40/VIII/2013 and its implementing Decree-Laws, in particular concerning employment quotas. It asks the Government to provide information on: (i) any concrete measures implemented in that regard; (ii) the participation rates of men and women with disabilities in education, vocational training and employment, both in the public and private sectors; and (iii) any complaints regarding employment discrimination based on disability dealt with by the labour inspectors, the courts or any other competent authorities, and their outcomes.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee welcomes the adoption of the Parity in Politics Law No. 68/IX/2019 of 28 November 2019 which sets a minimum representation quota of 40 per cent for both men and women in any list of candidates in national and local elections (section 4 of the Law). It further notes the adoption of the National Plan on Gender Equality 2021-2025 (PNIG) which sets as main objective the achievement of women’s autonomy in three areas, including economic autonomy and autonomy in decision-making. In that regard, the Committee notes that the PNIG acknowledges that data suggest that women have more difficulty finding work, despite having a higher level of education which may indicate that they are affected by gender discrimination in accessing the labour market. Furthermore, there are still notable imbalances in specific areas in higher education and vocational training, with low representation of women in engineering, science and technology. In that regard, the Committee notes that the PNIG sets specific actions in order to reduce gender segregation in technical training and higher education, in particular in ICT and STEM areas, and enhancing women’s participation in middle-level management in the public administration and in decision-making position in the private sector. It further notes that the Government Programme for 2021-2025 also provides, under the paradigm “more equality, gender equality and inclusion”, for specific actions in order to promote gender equality, in particular through women's economic empowerment. The Committee notes that, according to the National Institute of Statistics (INE), in 2022, the employment rate of women decreased from 45.5 per cent in 2017 to 43.3 per cent in 2022 (compared to 58.7 per cent for men) and remains particularly low in rural areas (29.2 per cent in 2022). It further notes that the labour market remains highly gender segregated, with women still overrepresented in certain sectors, such as trade (22.3 per cent), hospitality (13.1 per cent), domestic work (12.9 per cent) and education (10.4 per cent), while men are mainly employed in construction (21.6 per cent), agriculture (14.5 per cent), public administration (10.6 per cent) and transport and storage (9.0 per cent) (INE, Continuous Multi-objective Survey – IMC, 2022). The Committee notes that, in its Second National Report, the CNDHC highlights the persistence of deep-rooted patriarchal attitudes and gender stereotypes indicating that women who opted for a professional area where women are traditionally underrepresented often suffer from discrimination facing difficulty in accessing to employment and even in exercising their profession, thus demonstrating that additional actions are needed to address occupational gender segregation. The Committee also notes that, in its concluding observation, the Human Rights Committee expressed similar concern about the persistence of deep-rooted patriarchal attitudes and gender stereotypes (CCPR/C/CPV/CO/1/Add.1, 3 December 2019, paragraph 11). As regards the concentration of women in the informal economy, with low salaries and lack of social protection coverage, the Committee refers to its observation made on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee asks the Government to strengthen its efforts to address occupational gender segregation and enhance women’s access to employment and to a wider range of jobs and higher level positions, including through measures aimed at combatting patriarchal attitudes and gender stereotypes regarding women’s aspirations, capabilities and role in the society. It asks the Government to provide information on: (i) any measures implemented to encourage girls and women to choose non-traditional fields of study and professions, including in the framework of the National Plan on Gender Equality 2021–25 and the Government Programme for 2021–25; and (ii) the participation of men and women in education, training and employment, both in the public and private sectors, including in the informal economy, disaggregated by sector of the economy.

Domestic workers. The Committee notes that, according to the INE, women remain mostly concentrated in the domestic work sector (12.9 per cent in 2022). It welcomes the Government’s statement that: (1) a guide for domestic workers has been elaborated in collaboration with trade unions and the association of domestic workers; and (2) efforts to regulate domestic work are currently ongoing, with the participation of the ICIEG and the social partners. The Committee further notes that, in their concluding observations, several UN treaty bodies expressed serious concerns about reports of domestic work under exploitative conditions, to which children and women migrant workers are particularly exposed, such workers being victims of abuse and harassment, receiving remuneration below the national average and being excluded from social security protection (CMW/C/CPV/CO/1-3, 2 June 2022, paragraphs 37 and 65; and CCPR/C/CPV/CO/1/Add.1, 3 December 2019, paragraph 25). The Committee refers in that regard to its observation. The Committee asks the Government to provide information on the measures taken, in law and in practice, to ensure that domestic workers, who are particularly vulnerable to discrimination, enjoy equality of opportunity and treatment in all aspects of employment, in particular with respect to terms and conditions of work, social security and access to training with a view to promotion or better job opportunities. It also asks the Government to provide information on the number, nature and outcome of cases or complaints of discrimination of domestic workers in employment dealt with by the labour inspectors, the courts, or any other competent authorities.

Enforcement. The Committee notes the Government’s indication, that in the context of the Trade for Decent Work Project (T4DW), the IGT is planning to carry out an inspection campaign throughout the national territory on equality and non-discrimination. It however notes that, while the IGT has a free hotline available for receiving complaints and provide guidance to workers, no complaint of discrimination was registered. The Government adds that no judicial decision on discrimination in employment or occupation was found. In that regard, the Committee wishes to recall that where data on claims of discrimination are not available, this may be due to a lack of awareness of the legislative framework or remedies available, as well as a lack of access to enforcement bodies (see 2023 General Survey on Achieving Gender Equality at Work, paragraph 830). The Committee asks the Government to take appropriate steps to raise public awareness of the relevant legislative provisions, the procedures and remedies available, and to provide information on: (i) any activities undertaken in this regard; (ii) the results of the nationwide inspection campaign on equality and non-discrimination carried out by the General Labour Inspectorate; and (iii) the number of cases of discrimination in employment and occupation dealt with by the labour inspectors, the courts or any other competent authorities, including information on sanctions imposed and remedies granted.

CMNT_TITLE

Previous comment

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

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

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

CMNT_TITLE

Scope of application. The Committee previously noted that while the Labour Code is not applicable to rural workers and labour-intensive activities (labour-based approaches to infrastructure works have become an important element of job creation strategies in many low-wage developing countries with an oversupply of underemployed labour), the Government stated that pending the adoption of relevant specific legislation, the provisions of the Labour Code are applicable to those categories of workers and activities. The Committee notes the Government’s indication in its report that there are currently no labour-intensive activities. The Committee wishes to point out that the purpose of the Convention is to protect all persons against discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction and social origin and that no provision in the Convention limits its scope as regards individuals or branches of activity. Therefore, once again, the Committee asks the Government to indicate the steps taken to ensure that in practice rural workers and workers in labour-intensive activities benefit from the protection provided for by the Labour Code, pending the adoption of a specific legislation, and to provide a copy of any judicial decisions made in this regard. It also asks the Government to provide information on any development concerning the adoption of specific legislation related to those categories of workers and activities.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that section 410 of the Labour Code and the scope of Act No. 84/VII/2011 on Gender-based Violence with respect to sexual harassment only provide for sanctions for sexual harassment committed by the employer and not by other employees. The Committee notes the Government’s statement that efforts to amend the existing legislation are under way. It further notes that the Cabo Verdean Association on Combating Gender-based Violence (ACLCVBG) together with the Cabo Verdean Institute for Gender Equality and Equity (ICIEG) organized the first national forum on sexual harassment at the workplace in 2017. However, the Committee notes that, in its concluding observations, the UN Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the prevalence of gender-based violence in the country, the limited enforcement of Act No. 84/VII/2011, and the lack of resources allocated to adequate responses (E/C.12/CPV/CO/1, 27 November 2018, paragraph 48). The Committee again asks the Government to take steps to ensure that workers are protected against all forms of sexual harassment in employment and occupation, but also vocational education and training, access to employment and conditions of employment, not only committed by employers but also by other workers. The Government is also asked to take steps to ensure that sexual harassment by clients, customers, suppliers is prohibited. The Government is asked to provide information on any amendment to the national legislation being developed or envisaged directed at these matters. It asks the Government to continue to provide information on any concrete measures adopted to prevent sexual harassment at work, as well as to raise awareness among employers, workers and their organizations regarding both quid pro quo and hostile environment sexual harassment, including in collaboration with the ICIEG and the ACLCVBG, and to provide information on their impact. The Committee asks the Government to provide information on the number, nature and outcome of complaints or cases of sexual harassment dealt with by the labour inspectorate, the courts or any other competent authorities.

Article 1(1)(b). Additional ground of discrimination. Real or perceived HIV/AIDS status. The Committee previously noted that Act No. 18/VII/2007 on Gender-based Violence provides that employers have to promote capacity-building activities for workers with respect to HIV and AIDS; prohibits discrimination on the ground of real or perceived HIV status and prohibits the requirement of HIV testing for access to employment. The Committee notes the Government’s indication that in 2016 a study entitled “Index of Stigma and Discrimination against People Living with HIV/AIDS” was carried out and concluded that most people with HIV/AIDS are not subjected to discrimination since only one in four of them tells their family they are seropositive (page 11 of the index). The Committee notes, however, that in its 2018 concluding observations, the CESCR recommended that the Government conduct awareness-raising campaigns to combat stereotypes affecting persons and groups at risk of discrimination, such as persons living with HIV/AIDS (E/C.12/CPV/CO/1, 27 November 2018, paragraph 12). The Committee again asks the Government to provide information on the implementation of Act No. 18/VII/2007, as well as on any cases of discrimination on the ground of real or perceived HIV status in employment and occupation. It further asks the Government to provide information on any concrete measures adopted to combat stereotypes and discrimination against workers with HIV and AIDS, as well as to build capacity and raise awareness among employers, workers and their respective organizations regarding discrimination on the ground of real or perceived HIV status in employment and occupation.

Persons with disabilities. The Committee previously noted that Law No. 40/VIII/2013: (i) prohibits direct and indirect discrimination against persons with disabilities (section 6(a) and 7); (ii) refers to the adoption of special measures to promote access of persons with disabilities to employment and training (section 28); and (iii) establishes a minimum quota of 5 per cent of jobs to be occupied by persons with disabilities in the public administration (section 30). The Committee notes the adoption of Decree Law No. 38/2015 of 29 July 2015 which regulates the selection and recruitment procedures for persons with disabilities in the public administration. It notes the Government’s statement that no data is available on the number of persons with disabilities hired by the public administration or the private sector. The Government adds that it requested the INE to provide such information for the private sector. The Committee, however, notes that, in its 2018 concluding observations, the CESCR expressed concern at the low employment rate of persons with disabilities, partly due to the fact that regulations concerning their recruitment are not sufficiently disseminated and that job advertisements are not usually accessible to persons with a visual impairment, and that workplaces fail to provide reasonable accommodation to facilitate the employment of persons with disabilities (E/C.12/CPV/CO/1, 27 November 2018, paragraph 18). The Committee asks the Government to provide information on the practical application of Law No. 40/VIII/2013 and Decree Law No. 38/2015 and the specific results achieved in order to improve equality of opportunity and treatment of persons with disabilities in employment and occupation. It also asks the Government to provide information on any concrete measures adopted to raise awareness among employers, workers and their organizations as to the existing regulations on the employment of persons with disabilities. The Committee hopes that the Government will be soon in a position to provide statistical information on the number of people with disabilities, disaggregated by sex, employed in the public and private sectors.

Articles 2 and 3. Equality of opportunity and treatment between men and women. Referring to its previous comments on the lack of information provided by the Government on the concrete measures taken to promote equality of opportunity and treatment between men and women, the Committee notes the Government’s indication that within the framework of the National Plan on Gender Equality 2015–18 (PNIG), the Cabo Verdean Institute for Gender Equality and Equity (ICIEG) and the Promotion of Socio-economic Opportunities in Rural Areas Programme (POSER) implemented training sessions on small business management, microfinance and entrepreneurism for women in rural municipalities in several islands. It further notes that the Ministry of Finance, through the Support for and Promotion of Enterprises Institute (Pro Empresa) implemented a programme for the promotion of entrepreneurship, targeting women and young people. The Government adds that the ICIEG also offered various training programmes on women’s economic empowerment. The Committee further notes that the Second National Plan for Combating Gender-Based Violence 2015–18, provides for measures aimed at raising awareness on equality, as well as at the deconstruction of sexist and discriminatory stereotypes. It notes that several measures have been suggested by the ICIEG in order to help men and women to better conciliate family and professional responsibilities, such as the introduction of legislative amendments providing for seven days of paternity leave, as well as the possibility to consider the ratification of the Workers with Family Responsibilities Convention, 1981 (No. 156), and the Maternity Protection Convention, 2000 (No 183). However, the Committee notes the Government’s indication, in its report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the labour market remains highly gender segregated, with women still overrepresented in certain sectors, such as domestic work, trade and education, while men are employed in construction, agriculture, and public administration. It notes the adoption of the Strategic Education Plan (2017–20) which aims at addressing the structural aspects of gender segregation in education. While welcoming the Government’s indication concerning the adoption of Decree Law No. 47/2017 of 26 October 2017 which establishes social and educational support measures for pregnant girls to continue to attend school, the Committee notes the increasing number of children and young people, in particular girls, who are out of school. The Committee notes that, according to the National Institute of Statistics (INE), in 2017, women only represented 44.2 of the employed population (compared to 55.8 per cent of men) and the employment rate of women decreased from 48 per cent in 2016 to 45.5 per cent in 2017, and was particularly low in rural areas (32.2 per cent compared to 51.5 per cent for men). The unemployment rate for women remains high (12.8 per cent). The Committee notes that, in its 2018 concluding observation, the CESCR highlighted that despite the adoption of the PNIG, there is still widespread gender inequality in the country, and expressed concern at: (i) the vertical and horizontal segregation in the labour market; (ii) the high proportion of women in precarious employment situations, and in particular the fact that women are predominantly involved in the informal economy; and (iii) the strong gender stereotypes which are hindering the full and equal participation of women in political and public life (women being underrepresented in the civil service, the judiciary and the National Assembly). The CESCR recommended that the Government tackle the root causes of the low level participation of women in the labour market, including stereotypes and traditional gender roles; combat discrimination against women in recruitment processes and support women’s career development to allow them to reach high-level positions and positions in sectors where they are underrepresented (E/C.12/CPV/CO/1, 27 November 2018, paragraphs 22, 23, 26 and 27). The Committee urges the Government to strengthen its efforts to address both vertical and horizontal segregation between men and women in the labour market, as well as gender stereotypes, including by improving women’s participation in the labour market, and to provide information on any follow-up to the recommendations made by the ICIEG concerning the ratification of the Workers with Family Responsibilities Convention, 1981 (No. 156), and the Maternity Protection Convention, 2000 (No 183). It asks the Government to provide information on the specific steps taken, including in the framework of the National Plan on Gender Equality and the National Plan for Combating Gender-Based Violence, to effectively enhance women’s economic empowerment and access to decision-making positions, in particular in sectors where they are underrepresented, as well as to encourage girls and women to choose non-traditional fields of study and professions. Noting that a Gender Observatory was launched in December 2016 to collect sex-disaggregated data, the Committee asks the Government to provide updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Domestic workers. The Committee notes that, as highlighted by the National Institute of Statistics (INE), women are mostly concentrated in the domestic work sector (13.3 per cent in 2017). It notes the Government’s indication that the Cabo Verdean Association on Combating Gender-based Violence (ACLCVBG) is currently implementing the INSPIRED+ Project which seeks to achieve the economic empowerment of domestic workers through the recognition of their labour rights. It notes that, in the framework of the project, a study on the rights of domestic workers in Cabo Verde was carried out in August 2018, in collaboration with the ILO and UN Women, and showed that 6.6 per cent of employed persons are in domestic work, of whom 93.9 per cent are women but only 11 per cent are registered in the National Institute of Social Welfare (INPS). The study revealed that domestic work is mainly informal work, characterized by precarious conditions of work, low paid and long hours. Furthermore, while section 286 of the Labour Code defines domestic work, the Committee notes that the ICIEG recommended, in its Action and Advocacy Plan, the regulation of domestic work, as well as the ratification of the Domestic Workers Convention, 2011 (No. 189). It further notes that, in its 2018 concluding observation, the CESCR was concerned that domestic workers do not enjoy just and favourable conditions of work and recommended that the Government take effective measures to disseminate and better enforce the legal provisions related to the labour and social security rights of domestic workers and ratify ILO Convention No. 189 (E/C.12/CPV/CO/1, 27 November 2018, paragraphs 32 and 33). The Committee asks the Government to provide information on the measures taken, in law and in practice, to ensure that domestic workers, who are particularly vulnerable to discrimination, enjoy equality of opportunity and treatment in all aspects of employment, in particular with respect to terms and conditions of work, social security and access to training with a view to promotion or better job opportunities. It asks the Government to provide information on any follow-up to the recommendations made by the ICIEG concerning the regulation of domestic work and the ratification of the Domestic Workers Convention, 2011 (No. 189). The Committee also asks the Government to provide information on the number of cases or complaints of discrimination of domestic workers in employment dealt with by the labour inspectors and the courts, indicating the grounds of discrimination and the penalties imposed.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee previously noted that foreign workers from Gambia, Guinea, Guinea-Bissau, Mauritania and Senegal received salaries considerably lower than those of nationals and asked the Government to indicate the manner in which concrete protection was provided to foreign workers, against discrimination on the grounds enumerated in the Convention. The Committee notes the Government’s indication that the evaluation of the first Plan of Action (2013–16) under the National Strategy on Immigration (ENI) highlighted that such measures had been poorly implemented or, in most cases, that their implementation was not reported, and that one of the main challenges was the need to combat discrimination against foreign workers. The Committee notes the adoption of the second Immigration and Social Inclusion Action Plan (2018–20), by resolution 3/2019 of 10 January 2019 which focuses on the management of migration flows, integration and institutional development. The Government adds that one of the strategic areas of the action plan is the promotion of diversity, including by preventing discrimination. The Committee further notes the Government’s statement that to this end the Department of Labour and the labour inspectorate are establishing coordinated systems for monitoring the hiring and the employment of foreign workers, and developing and disseminating guidelines on the employment of foreign workers and the consequences of employing foreign workers in an irregular situation for employers. It further notes that awareness-raising activities for foreign workers on their rights and available protection as well as public information campaigns to prevent discrimination have also been carried out. It notes, however, the Government’s statement that while the labour inspectorate can provide the opportunity for the reporting cases of labour exploitation of foreign workers, no complaints were received from them which demonstrates that those workers are unaware or do not trust the competent authorities. The Committee also notes that, in its 2015 concluding observations, the UN Committee on the Rights of Migrant Workers (CMW) regretted that, as regards non-discrimination, the fundamental rights of migrant workers are guaranteed only to migrant workers in a regular situation and on the basis of reciprocity, whereas under the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families there is no requirement of reciprocity for the application of the protections set out in the instrument. The CMW was further concerned at the lack of information on the measures taken to guarantee the principle of non-discrimination in practice, particularly with regard to migrant workers from West Africa, who are reportedly subjected to prejudice and social stigmatization (CMW/C/CPV/CO/1, 8 October 2015, paragraphs 24 and 26). In this regard, the Committee wishes to point out that under the Convention all migrant workers, including those in an irregular situation, must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) of the Convention (see General Survey of 2012 on the fundamental Conventions, paragraph 778). Referring to the absence of protection explicitly afforded by the national legislation on the ground of “national extraction”, the Committee asks the Government to take proactive measures to combat stereotypes and discrimination based on race, colour or national extraction, and to effectively ensure equality of opportunity and treatment for migrant workers, including for those in an irregular situation, in particular with regard to their remuneration. It asks the Government to provide information on the implementation of any measures and programmes undertaken in that regard, including in the framework of the second Immigration and Social Inclusion Action Plan (2018–20). The Committee asks that the Government provide a copy of the results of any reports evaluating the impact of any steps taken or measures adopted. The Committee also asks the Government to provide information on any public awareness-raising activities undertaken on the relevant legislative provisions, the procedures and remedies available, targeting in particular migrant workers, as well as on the number and nature of cases or complaints of discrimination that have been detected or dealt with by the labour inspectors, the courts or any other competent authorities and the penalties imposed.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. The Committee takes note of the judicial decision forwarded by the Government on a case of alleged discrimination concerning occupational reclassification. It notes that labour inspectors benefited from training on discrimination and equality through an initiative entitled “support for effective application of the international labour standards”, in the framework of the Generalized System of Preferences plus (GSP+) project, in collaboration with the ILO, and that a discrimination and equality checklist is under preparation. The Government however adds that there is no data from the labour inspectorate on practical difficulties concerning the application of the Convention. The Committee recalls that where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or an absence of practical access to procedures, or fear of reprisals (see General Survey of 2012, paragraph 870). It notes in particular that in its 2018 concluding observation, the CESCR recommended that the Government increases its efforts to enforce the existing legislative provisions related to discrimination, and to ensure that perpetrators of discriminatory acts are held accountable and that victims have access to effective remedies (E/C.12/CPV/CO/1, 27 November 2018, paragraph 12). The Committee asks the Government to take appropriate steps to raise public awareness of the relevant legislative provisions, the procedures and remedies available, and to provide information on any activities undertaken in this regard. It also asks the Government to provide detailed information on any cases of discrimination dealt with by the labour inspectors, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted.

CMNT_TITLE

Article 1(1)(a) of the Convention. Prohibited grounds of discrimination. Direct and indirect discrimination. Since 2011, the Committee has been drawing the Government’s attention to the fact that section 15(1)(a) of the Labour Code does not provide for protection against discrimination on the ground of national extraction, nor does it define and prohibit indirect discrimination in employment and occupation. It previously noted that, despite the amendment of the Labour Code in 2016 (Legislative Decree No. 1/2016), the Government did not take the opportunity to give effect to the comments previously made by the Committee on this issue. The Committee notes the Government’s repeated statement that while domestic law does not expressly prohibit discrimination on the basis of national extraction, such discrimination falls within the scope of Article 24 of the Constitution which prohibits discrimination on the basis of “lineage” and “origin”. The Committee notes in this regard that in the framework of the Universal Periodic Review, the Human Rights Council also recommended that the Government ensure the protection of workers against discrimination on the grounds of national origin (A/HRC/39/5, 9 July 2018, paragraph 112). It also notes that, in its 2018 concluding observations, the UN Committee on Economic, Social and Cultural Rights (CESCR) expresses concern at the lack of comprehensive anti-discrimination legislation and recommended the adoption of such legislation prohibiting all forms of discrimination, including indirect discrimination (E/C.12/CPV/CO/1, 27 November 2018, paragraphs 16 and 17). The Committee again urges the Government to take the necessary steps to ensure that workers are protected against discrimination on the ground of national extraction, as well as against indirect discrimination, in law and in practice, and to provide information on any progress made in this regard. It also asks the Government to provide information on the manner in which the grounds of “lineage” and “origin” provided for in Article 24 of the Constitution have been interpreted in practice, by providing a copy of any relevant judicial decisions issued in this regard.

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

CMNT_TITLE

Scope of application. In its previous comments, the Committee noted that the Labour Code is not applicable to rural workers and labour-intensive activities, and requested the Government to provide information on any development concerning the adoption of specific legislation related to these categories. The Government indicates that, pending the adoption of relevant specific legislation, the provisions of the Labour Code are applicable to those categories of workers and activities. Taking note of this information, the Committee requests the Government once again to provide information on any developments concerning the adoption of specific legislation related to rural workers and labour-intensive activities. It also requests the Government to indicate the measures taken to ensure in practice that these categories of workers benefit from the protection provided for by the Labour Code, and to provide a copy of any judicial decisions made in this regard.

Article 1 of the Convention. Grounds of discrimination. The Committee recalls that the Labour Code (section 15(1)(a)) which provides for equality at work did not include the ground of national extraction. It has therefore requested the Government to take the necessary measures to ensure that workers are protected against discrimination on the ground of national extraction and to provide information on the manner in which workers are protected against indirect discrimination. The Committee notes that the Labour Code was amended in 2016 (Legislative Decree 1/2016) but that the opportunity was not taken to include the ground of national extraction in section 15(1)(a) and to define and prohibit indirect discrimination. The Committee notes the Government’s indication that article 23 of the Constitution sets out the principle of non-discrimination on the ground of, among others, national extraction. The Government further indicates that article 5(n) of the Law on Public Administration prohibits discrimination on the grounds of birth, social or ethnic origin and reiterates that section 15 of the Labour Code provides for equal protection for both national and foreign workers. In this respect, the Committee once again recalls that the concept of national extraction covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. Discrimination based on national extraction may be directed against persons who are nationals of the country in question, but who have acquired their citizenship by naturalization or who are descendants of foreign immigrants or persons belonging to groups of different national extraction living in the same State (2012 General Survey on the fundamental Conventions, paragraph 764). The Committee urges the Government to take the necessary measures to ensure that workers are also protected against discrimination on the ground of national extraction and to provide information on any development in this regard, as well as on the manner in which workers are protected against indirect discrimination.

Discrimination against foreign workers. The Committee referred in its previous comments to the fact that foreign workers from Senegal, Guinea-Bissau, Mauritania, Gambia and Guinea received salaries considerably lower than those of national workers and requested the Government to indicate the manner in which concrete protection was granted to foreign workers against discrimination on the grounds enumerated in the Convention. The Committee notes the Government’s indication regarding the establishment of the minimum wage by the Legislative Decree 6/2014, which is applicable to all the employees subjected to the general labour law system; the adoption of the “National Strategy on Immigration 2013-2016”, which includes the adoption of measures such as the reduction of foreign workers without a working permit, the establishment of supervisory mechanisms of their working conditions and labour inspections in enterprises where migrant workers are usually employed; and the awareness-raising activities carried out by the Directorate-General of Immigration concerning their rights and protections available. The Committee requests the Government to continue to provide information on the measures adopted or envisaged in the framework of the “National Strategy on Immigration 2013-2016” to ensure that foreign workers are not discriminated against in employment, including with regard to their remuneration, on any of the grounds of the Convention, and to provide information on any measures taken in this regard. The Committee once again requests the Government to provide information on any complaint filed by foreign workers or their trade union representatives concerning this issue.

Discrimination on the ground of sex. In its previous comments, the Committee requested the Government to provide information on measures taken in the framework of Act No. 84/VII/2011 on gender equality, Resolution No. 26/2010 concerning good practices in enterprise management, Resolution No. 124/VI/2010 and Act No. 15/VII/2007 providing for mechanisms for women’s economic empowerment, as well as those measures adopted by the Cape Verdean Institute for Gender Equality (ICIEG). The Committee notes, however, that the Government does not provide any information in this regard. The Committee notes the concluding observations of the Convention on the Elimination of all forms of Discrimination against Women (CEDAW), which express concern about the situation of women who face multiple forms of discrimination, in particular women with disabilities, older women, female-headed households and migrant women, and about the limited information and statistical data available with regard to their access to education and employment, as well as on the use of temporary special measures to improve their situation (CEDAW/C/CPV/CO/7-8, 30 July 2013, paragraph 32). The Committee once again requests the Government to provide information on the practical application of Act No. 84/VII/2011 on gender equality, Resolution No. 26/2010 concerning good practices in enterprise management, Resolution No. 124/VI/2010 and Act No. 15/VII/2007, as well as those measures adopted by the Cape Verdean Institute for Gender Equality. The Committee also requests the Government to provide information on any other specific measure adopted to ensure the protection of women against any type of discrimination in employment and occupation on the ground of sex.

Sexual harassment. In its previous comments, the Committee referred to the scope of section 410 of the Labour Code and the scope of Act No. 84/VII/2011 with respect to sexual harassment, and noted that they only provide sanctions for sexual harassment committed by the employer and not by other employees. The Committee, therefore, asked the Government to ensure that workers are protected against sexual harassment in employment and occupation, not only by employers but also by other workers, and to provide specific information on how the relevant provisions of the Labour Code and of Act No. 84/VII/2011 have been applied in practice. Noting that section 410 of the Labour Code was not amended to include protection against sexual harassment by other workers, the Committee once again requests the Government to take steps to ensure that workers are protected against sexual harassment in employment and occupation, not only committed by employers but also by other workers, including through any further amendment to the Labour Code. The Committee further requests the Government to provide information on any progress made in this regard.

Article 1(1)(b). Real or perceived HIV/AIDS status. Noting that the Government’s report does not provide any information on the implementation of Act No. 18/VII/2007 that prohibits discrimination on the ground of real or perceived HIV status as well as on any cases of discrimination concerning discrimination on the ground of real or perceived HIV status, the Committee once again requests the Government to provide information in this regard.

Persons with disabilities. The Committee notes with interest the adoption of the Law No. 40/VIII/2013, which sets the general framework of prevention, habilitation, rehabilitation and participation of persons with disabilities. The Committee notes in particular that article 4 establishes among its objectives, the promotion of education, job and training opportunities; articles 6(a) and 7 sets the prohibition of direct and indirect discrimination; article 28 refers to the adoption of special measures in order to promote access of persons with disabilities to employment and training; and article 30 establishes a minimum quota of 5 per cent of jobs to be occupied by persons with disabilities in the public administration. The Committee requests the Government to provide information on the practical implementation of Law No. 40/VIII/2013 concerning persons with disabilities and the specific results achieved. Please provide also statistical information on the number of people with disabilities, disaggregated by sex, employed in the public and private sectors.

Article 2. National equality policy. In its previous comments, the Committee requested the Government to continue to provide information on the measures adopted in the framework of the Decent Work Country Programme (DWCP) and the Strategic Agenda 2011–16 that refer to women and young persons, as well as on the measures adopted with respect to equality and the elimination of discrimination regarding all the grounds provided for in Article 1(1)(a) of the Convention. In this regard, the Committee notes that the Government refers to several measures implemented in the framework of the DWCP, such as measures to promote entrepreneurship among young people, rural women and heads of households, to improve their education and living conditions and to assist women and young persons in the establishment of their businesses. In addition, the Government refers to the inclusion of gender issues as one of the main pillars of the Government Programme 2011–16, and as a result, of the incorporation of a gender perspective in sectoral programmes such as the National Programme for the Fight against Poverty (PNLP). The Committee also notes the Government’s indication concerning the elaboration of the National Gender Equality Plan (PNIG) 2014–16, which include, among other measures, the promotion of women entrepreneurship by improving their access to credit and microcredit, and awareness-raising campaigns for enterprises about gender stereotypes. The Committee requests the Government to continue to provide information concerning measures that refer to women and young persons, particularly those implemented in the framework of the PNIG 2014–16, the Government Programme 2011–16 and the PNLP. Please also provide information on the measures and policies adopted with regard to equality and the elimination of discrimination with respect to all the grounds provided for in Article 1(1)(a) of the Convention.

Labour inspection. The Committee notes the Government’s indication that labour inspection activities are focused on the issues of unregistered migrant workers and gender equality and that awareness-raising activities for labour inspectors have been undertaken. However, the Government does not specify if the labour inspection activities concern the provisions of the Convention. The Committee once again requests the Government to take the necessary measures to provide labour inspectors with adequate training concerning the provisions of the Convention and to provide information on the specific actions taken by them with respect to complaints concerning discrimination, the sanctions imposed and remedies granted.

Statistical data. The Committee notes the Government’s indication that collection of statistical data is not possible due to lack of material and human resources. The Committee further notes that the Gender Equality Observatory was created in 2012, the mandate of which focuses on women’s empowerment. The Government also refers to the creation of a National Gender Indicator System (SNIG). Noting that the Government had previously requested ILO technical assistance in relation to the collection of statistics on the situation of men and women in the labour market, the Committee asks the Government to take the necessary steps to secure such assistance. The Committee requests the Government to provide information on the activities of the Gender Equality Observatory in relation to the collection of relevant statistics. Please continue to provide up-to-date statistics disaggregated by sex on the situation of men and women in the labour market to enable the Committee to measure progress in this regard.

CMNT_TITLE

Scope of application. In its previous comments, the Committee noted that the Labour Code is not applicable to rural workers and labour-intensive activities. The Committee notes the Government’s indication that, pending the adoption of relevant specific legislation, the provisions of the Labour Code (Legislative Decree No. 5/2007) are applicable to those categories of workers and activities. The Committee requests the Government to provide information on any development concerning the adoption of specific legislation related to rural workers and labour-intensive activities.

Article 1 of the Convention. Grounds of discrimination. The Committee noted in its previous comments that the new Labour Code does not provide for protection on the ground of national extraction. The Committee notes the Government’s indication according to which section 15 of the Labour Code provides for equal protection for both national and foreign workers. In this respect, the Committee recalls that the concept of national extraction covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. Discrimination based on national extraction may be directed against persons who are nationals of the country in question, but who have acquired their citizenship by naturalization or who are descendants of foreign immigrants or persons belonging to groups of different national extraction living in the same State (see General Survey on the fundamental Conventions, 2012, paragraph 764). The Committee also notes that section 15 does not appear to cover indirect discrimination, namely those apparently neutral situations, regulation or practices which in fact result in unequal treatment of persons with certain characteristics; when the same condition, treatment or criterion is applied to everyone, but results in a disproportionately harsh impact on some persons on the basis of characteristics such as race, colour, sex or religion, and is not closely related to the inherent requirements of the job. The Committee requests the Government to take the necessary measures to ensure that workers are also protected against discrimination on the ground of national extraction and to indicate any development in this respect. Please also provide information on the manner in which workers are protected against indirect discrimination.

Discrimination against foreign workers. The Committee recalls that in its previous comments it had noted the observations from the Cape Verde Confederation of Free Trade Unions, indicating that foreign workers from Senegal, Guinea-Bissau, Mauritania, Gambia and Guinea received salaries considerably lower than those of national workers. The Committee notes that the Government indicates that section 15(1) of the Labour Code prohibits discrimination in remuneration while subsection 2 grants the same protection provided for national workers to foreign workers. The Committee requests the Government to indicate the manner in which concrete protection is granted to foreign workers against discrimination on the grounds enumerated in the Convention. Please also provide information on any complaint filed by foreign workers or their trade union representatives concerning this issue and whether any awareness raising has been undertaken to inform foreign workers of their rights.

Discrimination on the ground of sex. The Committee notes that the Government indicates that although the unemployment rate of women is 12.1 per cent while that of men is 9.6 per cent, several measures are being taken at the national level to improve gender equality. In this regard, the Cape Verdean Institute for Gender Equality has elaborated a programme for 2011–12 which includes, among other activities, awareness-raising campaigns. In addition, gender is systematically taken into account in all programmes and projects (for example in the “One Programme” and in the Decent Work Country Programme (DWCP) 2011–15). The Government also refers to a small enterprises financing project that benefited particularly young women. The Committee recalls that in its previous comments it noted the adoption of a series of acts and resolutions concerning different aspects of gender equality. In this respect, the Committee notes that section 9 of Resolution No. 26/2010 establishes that public enterprises shall adopt gender equality plans as well as take measures for the conciliation of work and family responsibilities, and that Resolution No. 124/VI/2010 by which the country ratified the African Youth Charter, provides for the importance of eliminating discrimination against young women. The Committee requests the Government to continue to provide information on measures adopted in the framework of Act No. 84/VII/2011 on gender equality, Resolution No. 26/2010 concerning good practices in enterprise management, Resolution No. 124/VI/2010 and Act No. 15/VII/2007 providing for mechanisms for women’s economic empowerment, as well as those measures adopted by the Cape Verdean Institute for Gender Equality. Please indicate the impact of such measures in the employment rate and working conditions of both men and women.

Sexual harassment. In its previous comments the Committee referred to the scope of section 410 of the Labour Code and of Act No. 84/VII/2011 with respect to sexual harassment. The Committee notes that the Government acknowledges that Act No. 84/VII/2011 only provides for sexual harassment by the employer and not by other employees but indicates that section 410(3) of the Labour Code provides for sanctions for those that encourage these kinds of acts. While noting that the Labour Code prohibits all persons from encouraging sexual harassment, the Committee notes that this provision does not appear to prohibit those other than employers and their agents from committing harassment. The Committee, therefore, asks the Government to take steps to ensure that workers are protected against sexual harassment in employment and occupation, not only by employers but also by other workers. The Committee once again ask the Government to provide specific information on how the relevant provisions of the Labour Code and Act No. 84/VII/2011 have been applied in practice, including information on any cases of sexual harassment identified by or brought to the attention of the labour inspectorate, and any cases brought before administrative or judicial bodies, and the results thereof.

HIV status and AIDS. The Committee notes that Act No. 18/VII/2007 provides that employers have to promote capacity-building activities for workers with respect to HIV and AIDS, prohibits discrimination on the ground of real or perceived HIV status and prohibits the requirement of HIV testing for access to employment. Furthermore, the law provides for penal sanctions against those responsible for these acts of discrimination. The Committee requests the Government to provide information on the implementation of Act No. 18/VII/2007 as well as on any cases of discrimination referred to the labour inspectorate or any dispute brought before the courts concerning discrimination on the ground of real or perceived HIV status.

Article 2. National equality policy. The Committee notes that the Government indicates that, in the framework of the DWCP, measures have been adopted for the improvement of women’s and young persons’ education. Furthermore, a study was carried out concerning the factors that facilitate access to employment which led to the establishment of small enterprises by 60 young persons (both men and women). Employment and vocational training centres have assisted women and young persons in the establishment of their businesses. Awareness-raising campaigns were carried out among social partners concerning the inclusion of young persons and workers with disabilities in the labour market. The Government further refers to the objectives of the Strategic Agenda 2011–16 which refer mainly to combating unemployment of young persons and women. The Committee requests the Government to continue to provide information concerning these measures, particularly those adopted in the framework of the DWCP and the Strategic Agenda 2011–16 that refer to women and young persons. Please also provide information on the measures and policies adopted with regard to equality and the elimination of discrimination with respect to all the grounds provided for in Article 1(1)(a) of the Convention.

Labour inspection. The Committee requests the Government once again to take the necessary measures to provide labour inspectors with adequate training concerning the principle set out in the Convention and to provide information on the concrete action taken by them with respect to equality in employment and occupation and non-discrimination, and the sanctions imposed.

Part V of the report form. Statistical data. The Committee notes the Government’s indication that collection of statistical data is not possible due to lack of material and human resources. Noting that the Government had previously requested ILO technical assistance in relation to statistics on the situation of men and women in the labour market, the Committee hopes that the Office will soon be in a position to provide the assistance requested, and asks the Government to take the necessary steps to secure such assistance.

CMNT_TITLE

New legislation. Scope of application. The Government notes with interest the adoption of a new Labour Code on 16 October 2007 (Legislative Decree No. 5/2007, modified by Legislative decree No. 5/2010). The Committee requests the Government to provide information on the impact of the new Labour Code in the implementation of the Convention, in particular with respect to the issues dealt with below. Furthermore, noting that the Labour Code is not applicable to rural workers and labour intensive activities, the Committee requests the Government to provide information on the legal provisions applicable to these categories of workers.

The Committee further notes the adoption of Law No. 15/VII/2007 providing for mechanisms for women’s economic empowerment; Decree-Law No. 48/2009 making social protection compulsory for independent workers; Decree-Law No. 50/2009 on social protection; Resolution No. 124/VI/2010 by which the country ratifies the African Youth Charter; and Resolution No. 26/2010 concerning good practices in the enterprise management. The Committee will examine these instruments together with any further information on the implementation of these provisions with respect to the Convention that the Government might wish to submit.

Article 1 of the Convention. Grounds of discrimination. Direct and indirect discrimination. The Committee notes that the new Labour Code provides for protection against discrimination on the grounds of sex, race, colour, social origin, religion and political opinion but it does not refer to national extraction nor does it provide for protection against direct or indirect discrimination. In this respect, the Committee notes the observations of the Cape Verde Confederation of Free Trade Unions (CCSL) submitted by the Government with its report concerning the application of the Equal Remuneration Convention, 1951 (No. 100), indicating that foreign workers from Senegal, Guinea Bissau, Mauritania, Gambia and Guinea employed in the construction sector as well as in the domestic sector are discriminated against as they receive salaries considerably lower to that of national workers. The Committee requests the Government to indicate how it is ensured that adequate protection is provided against discrimination on the ground of national extraction as well as against both direct and indirect discrimination. It also requests the Government to reply to the observations of the CCSL.

Discrimination on the ground of sex. Sexual harassment. The Committee notes with interest that the definition of sexual harassment provided for in section 410 of the Labour Code includes both quid pro quo and hostile environment, sexual harassment and establishes a sanction of forfeiture of up to two years of minimum salaries for those responsible. The Committee observes however, that the Labour Code only refers to the possibility of sexual harassment committed by the employer, the instructor or another superior but does not take into account sexual harassment committed by other workers. The Committee also notes that Act No. 84/VII/2011 provides for measures for the prevention and repression of gender-based violence. The Committee notes that this Act also refers to sexual harassment committed by anyone with authority or influence over the victim and provides for penal sanctions for those responsible. The Committee requests the Government to provide information on the manner in which section 410 of the Labour Code, in combination with Act No. 84/VII/2011, apply to sexual harassment in the workplace and grant protection for workers for acts committed by both employers and workers. The Committee also requests the Government to provide information on cases of sexual harassment identified by or referred to the labour inspectorate or any disputes concerning sexual harassment brought before the competent bodies.

HIV/AIDS. The Committee notes that the Government indicates in its report that 0.8 per cent of the population is affected by HIV. The Government also indicates that specific legislation on the issue was adopted which includes provisions to be applied in the workplace. The Committee requests the Government to provide a copy of this legislation on HIV and AIDS and to indicate the measures adopted so as to ensure that workers affected by HIV and AIDS are not discriminated against.

Article 2. National policy. The Committee notes the Government’s indication that the National Equality and Gender Equity Plan (PNIG), 2005–09 was extended until 2011. In the framework of this programme, the Government has adopted a series of measures towards a better inclusion of women in the world of work: training of 20 women in the Office for orientation and assistance to victims of gender violence; extension of maternity leave from 45 to 60 days and creation of childcare institutions; establishment of a micro credit fund; publication of information concerning salaries, maternity protection and prevention of and protection against sexual harassment. The Decent Work Country Programme (DWCP) adopted in 2009 for Cape Verde has among its priorities the promotion of decent work for women and young persons. In this regard, the Committee highlights Resolution No. 1/2011 that authorizes the Ministry of Labour, Family and Social Solidarity to sign a protocol towards the implementation of the DWCP. The implementation of this programme falls under the responsibility of the Government with the participation of the social partners. The Government also refers to the Youth Employment Programme, training programmes for young persons with the participation of the social partners and incentives for those employers that hire young persons, long term unemployed workers and disabled workers. The Committee requests the Government to continue to provide information concerning the impact of the National Equality and Gender Equity Plan (PNIG), in particular with respect to access to vocational training and access to jobs and occupations as well as any other programme adopted in the framework of the DWCP that implements the principles of the Convention.

Labour inspection. The Committee notes that according to the Government there is no specific programme within the Labour Inspectorate regarding the promotion of equality and protection against discrimination in employment and occupation and labour inspectors have not received any training concerning the implementation of the Convention. The Government indicates that nevertheless labour inspectors control the effective application of the national legislation and thus the principles of the Convention. The Committee requests the Government to take the necessary measures to provide labour inspectors with adequate training concerning the principles enshrined in the Convention and to provide information on the concrete action carried out by them with respect to equality at work and non-discrimination, and the sanctions imposed.

Part V of the report form. Statistical data. Noting that the Government reiterates its request for ILO technical assistance in relation to statistics on the situation of men and women in the labour market, the Committee hopes that the Office will soon be in a position to provide the assistance requested, and asks the Government to take the necessary steps to secure such assistance.

Trade unions communications. The Committee had previously noted the communications submitted by the Barlavento Commercial, Industrial and Agricultural Association (ACIAB) and the Cape Verde Confederation of Free Trade Unions (CCSL) according to which women were concentrated in the occupational categories that are least valued. In this regard, the Committee notes the Government’s indication according to which women are more representative in the informal economy among the self-employed and as family workers. The Committee requests the Government to provide information on the measures taken to improve the situation of these workers so that they have the same opportunities as men.

CMNT_TITLE

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:

The Committee notes the report and the many annexes provided by the Government, including reports of the labour inspection services and the various plans and activities to reinforce the application of the Convention. It also notes that the Government attaches to its report communications from the Barlavento Commercial, Industrial and Agricultural Association (ACIAB) and the Cape Verde Confederation of Free Trade Unions (CCSL). According to these communications, women are concentrated in the occupational categories that are least valued. They indicate that a national survey would make it possible to determine the extent of the phenomenon, identify its causes and make the necessary recommendations to combat the problem. Noting that the Government’s report does not contain comments on these communications, the Committee requests the Government to provide its comments on the matters raised therein in its next report.

Article 2 of the Convention. National policy. The Committee notes the National Equality and Gender Equity Plan (PNIEG), 2005–09. It notes that the Plan includes affirmative action measures and that it covers three areas of action: (1) economic – poverty/labour and employment; (2) social – education, health and gender violence; and (3) public – decision-making. The Committee requests the Government to provide information on the development of the Plan and the progress achieved with regard to the following: (a) access to vocational training; (b) access to jobs and the various occupations; and (c) conditions of employment. It would also be grateful if the Government would indicate whether the social partners are involved in the implementation of the Plan and whether educational programmes are envisaged to secure the acceptance and application of this policy.

Labour inspection. The Committee requests the Government to provide information on the activities of the labour inspectorate in relation to promoting equality and protecting against discrimination in employment and occupation, and to attach the relevant documents (including labour inspection reports on this matter). The Committee also requests the Government to indicate whether labour inspectors receive training so as to be able to contribute to the application of the Convention.

Sexual harassment. The Committee notes that section 152 of the Penal Code (compulsion to perform acts of a sexual nature) is currently the only legal provision relating to sexual harassment. The Committee requests the Government to indicate in its next report whether it intends to take action so that the legislation or policy condemns sexual harassment in employment more explicitly (both in relation to sexual blackmail (“quid pro quo”) and a hostile work environment), in accordance with the guidance provided in the 2002 general observation. The Committee notes that no cases of sexual harassment have been reported in recent years to the labour inspectorate. The Committee emphasizes that the lack of complaints concerning sexual harassment does not necessarily mean that it does not exist. In practice, sexual harassment is a delicate issue; there is little awareness among workers, both men and women, and victims are hesitant to lodge complaints, which may contribute to giving the erroneous impression that cases of sexual harassment at work are rare. The Committee, therefore, requests the Government to provide information in its next report on the measures adopted to improve the information provided to workers and employers on the problem of sexual harassment so that awareness is increased, with an indication of the results achieved.

Part V of the report form. Statistical data. The Committee notes the Government’s request for ILO technical assistance in relation to statistics on the situation of men and women in the labour market. The Committee hopes that the Office will soon be in a position to provide the assistance requested.

CMNT_TITLE

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:

1. The Committee notes the report and the many annexes provided by the Government, including reports of the labour inspection services and the various plans and activities to reinforce the application of the Convention. It also notes that the Government attaches to its report communications from the Barlavento Commercial, Industrial and Agricultural Association (ACIAB) and the Cape Verde Confederation of Free Trade Unions (CCSL). According to these communications, women are concentrated in the occupational categories that are least valued. They indicate that a national survey would make it possible to determine the extent of the phenomenon, identify its causes and make the necessary recommendations to combat the problem. Noting that the Government’s report does not contain comments on these communications, the Committee requests the Government to provide its comments on the matters raised therein in its next report.

2. Article 2 of the Convention. National policy. The Committee notes the National Equality and Gender Equity Plan (PNIEG), 2005–09. It notes that the Plan includes affirmative action measures and that it covers three areas of action: (1) economic – poverty/labour and employment; (2) social – education, health and gender violence; and (3) public – decision-making. The Committee requests the Government to provide information on the development of the Plan and the progress achieved with regard to the following: (a) access to vocational training; (b) access to jobs and the various occupations; and (c) conditions of employment. It would also be grateful if the Government would indicate whether the social partners are involved in the implementation of the Plan and whether educational programmes are envisaged to secure the acceptance and application of this policy.

3. Labour inspection. The Committee requests the Government to provide information on the activities of the labour inspectorate in relation to promoting equality and protecting against discrimination in employment and occupation, and to attach the relevant documents (including labour inspection reports on this matter). The Committee also requests the Government to indicate whether labour inspectors receive training so as to be able to contribute to the application of the Convention.

4. Sexual harassment. The Committee notes that section 152 of the Penal Code (compulsion to perform acts of a sexual nature) is currently the only legal provision relating to sexual harassment. The Committee requests the Government to indicate in its next report whether it intends to take action so that the legislation or policy condemns sexual harassment in employment more explicitly (both in relation to sexual blackmail (“quid pro quo”) and a hostile work environment), in accordance with the guidance provided in the 2002 general observation. The Committee notes that no cases of sexual harassment have been reported in recent years to the labour inspectorate. The Committee emphasizes that the lack of complaints concerning sexual harassment does not necessarily mean that it does not exist. In practice, sexual harassment is a delicate issue; there is little awareness among workers, both men and women, and victims are hesitant to lodge complaints, which may contribute to giving the erroneous impression that cases of sexual harassment at work are rare. The Committee, therefore, requests the Government to provide information in its next report on the measures adopted to improve the information provided to workers and employers on the problem of sexual harassment so that awareness is increased, with an indication of the results achieved.

5. Part V of the report form. Statistical data. The Committee notes the Government’s request for ILO technical assistance in relation to statistics on the situation of men and women in the labour market. The Committee hopes that the Office will soon be in a position to provide the assistance requested.

CMNT_TITLE

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

1. The Committee notes the report and the many annexes provided by the Government, including reports of the labour inspection services and the various plans and activities to reinforce the application of the Convention. It also notes that the Government attaches to its report communications from the Barlavento Commercial, Industrial and Agricultural Association (ACIAB) and the Cape Verde Confederation of Free Trade Unions (CCSL). According to these communications, women are concentrated in the occupational categories that are least valued. They indicate that a national survey would make it possible to determine the extent of the phenomenon, identify its causes and make the necessary recommendations to combat the problem. Noting that the Government’s report does not contain comments on these communications, the Committee requests the Government to provide its comments on the matters raised therein in its next report.

2. Article 2 of the Convention. National policy. The Committee notes the National Equality and Gender Equity Plan (PNIEG), 2005–09. It notes that the Plan includes affirmative action measures and that it covers three areas of action: (1) economic – poverty/labour and employment; (2) social – education, health and gender violence; and (3) public – decision-making. The Committee requests the Government to provide information on the development of the Plan and the progress achieved with regard to the following: (a) access to vocational training; (b) access to jobs and the various occupations; and (c) conditions of employment. It would also be grateful if the Government would indicate whether the social partners are involved in the implementation of the Plan and whether educational programmes are envisaged to secure the acceptance and application of this policy.

3. Labour inspection. The Committee requests the Government to provide information on the activities of the labour inspectorate in relation to promoting equality and protecting against discrimination in employment and occupation, and to attach the relevant documents (including labour inspection reports on this matter). The Committee also requests the Government to indicate whether labour inspectors receive training so as to be able to contribute to the application of the Convention.

4. Sexual harassment. The Committee notes that section 152 of the Penal Code (compulsion to perform acts of a sexual nature) is currently the only legal provision relating to sexual harassment. The Committee requests the Government to indicate in its next report whether it intends to take action so that the legislation or policy condemns sexual harassment in employment more explicitly (both in relation to sexual blackmail (“quid pro quo”) and a hostile work environment), in accordance with the guidance provided in the 2002 general observation. The Committee notes that no cases of sexual harassment have been reported in recent years to the labour inspectorate. The Committee emphasizes that the lack of complaints concerning sexual harassment does not necessarily mean that it does not exist. In practice, sexual harassment is a delicate issue; there is little awareness among workers, both men and women, and victims are hesitant to lodge complaints, which may contribute to giving the erroneous impression that cases of sexual harassment at work are rare. The Committee, therefore, requests the Government to provide information in its next report on the measures adopted to improve the information provided to workers and employers on the problem of sexual harassment so that awareness is increased, with an indication of the results achieved.

5. Part V of the report form. Statistical data. The Committee notes the Government’s request for ILO technical assistance in relation to statistics on the situation of men and women in the labour market. The Committee hopes that the Office will soon be in a position to provide the assistance requested.

CMNT_TITLE

1. The Committee notes the report and the many annexes provided by the Government, including reports of the labour inspection services and the various plans and activities to reinforce the application of the Convention. It also notes that the Government attaches to its report communications from the Barlavento Commercial, Industrial and Agricultural Association (ACIAB) and the Cape Verde Confederation of Free Trade Unions (CCSL). According to these communications, women are concentrated in the occupational categories that are least valued. They indicate that a national survey would make it possible to determine the extent of the phenomenon, identify its causes and make the necessary recommendations to combat the problem. Noting that the Government’s report does not contain comments on these communications, the Committee requests the Government to provide its comments on the matters raised therein in its next report.

2. Article 2 of the Convention. National policy. The Committee notes the National Equality and Gender Equity Plan (PNIEG), 2005-09. It notes that the Plan includes affirmative action measures and that it covers three areas of action: (1) economic – poverty/labour and employment; (2) social – education, health and gender violence; and (3) public – decision-making. The Committee requests the Government to provide information on the development of the Plan and the progress achieved with regard to the following: (a) access to vocational training; (b) access to jobs and the various occupations; and (c) conditions of employment. It would also be grateful if the Government would indicate whether the social partners are involved in the implementation of the Plan and whether educational programmes are envisaged to secure the acceptance and application of this policy.

3. Labour inspection. The Committee requests the Government to provide information on the activities of the labour inspectorate in relation to promoting equality and protecting against discrimination in employment and occupation, and to attach the relevant documents (including labour inspection reports on this matter). The Committee also requests the Government to indicate whether labour inspectors receive training so as to be able to contribute to the application of the Convention.

4. Sexual harassment. The Committee notes that section 152 of the Penal Code (compulsion to perform acts of a sexual nature) is currently the only legal provision relating to sexual harassment. The Committee requests the Government to indicate in its next report whether it intends to take action so that the legislation or policy condemns sexual harassment in employment more explicitly (both in relation to sexual blackmail (“quid pro quo”) and a hostile work environment), in accordance with the guidance provided in the 2002 general observation. The Committee notes that no cases of sexual harassment have been reported in recent years to the labour inspectorate. The Committee emphasizes that the lack of complaints concerning sexual harassment does not necessarily mean that it does not exist. In practice, sexual harassment is a delicate issue; there is little awareness among workers, both men and women, and victims are hesitant to lodge complaints, which may contribute to giving the erroneous impression that cases of sexual harassment at work are rare. The Committee, therefore, requests the Government to provide information in its next report on the measures adopted to improve the information provided to workers and employers on the problem of sexual harassment so that awareness is increased, with an indication of the results achieved.

5. Part V of the report form. Statistical data. The Committee notes the Government’s request for ILO technical assistance in relation to statistics on the situation of men and women in the labour market. The Committee hopes that the Office will soon be in a position to provide the assistance requested.

CMNT_TITLE

1. Article 1 of the Convention. Sexual harassment. The Committee would appreciate the Government providing information in its next report, in reply to its 2002 General Observation, on sexual harassment.

2. Articles 1 and 2. Failure to provide information. The Committee notes with regret that the Government’s report does not contain a reply to its previous comments. With reference to these previous comments, it is bound to reiterate its requests for information on the following points:

-  detailed information on the inspections conducted relevant to the Convention, the number and type of violations registered action taken and outcomes, in order to ensure the effective application of the provisions of the Convention;

-  detailed information on promoting equal access to training on all grounds listed in the Convention, including study fellowship abroad programmes, and any legislative developments in this field;

-  information on the results obtained by the implementation of the National Plan of Action for the Promotion of Women 1996-2000, prepared by the Institute on the Condition of Women for the Fourth World Conference on Women (Beijing, 1995), including copies of any reports, studies and statistics relevant to the promotion of equal opportunities and treatment in vocational training and employment;

-  statistical information concerning the position of men and women, by ethnicity, if possible, on the labour market.

3. Article 2. Equality of opportunity and treatment of men and women. With regard to women’s access to training, and vocational and university training in particular, and their access to particular jobs and occupations including those traditionally reserved for men, the Committee notes from the abovementioned Plan and the statistics it contains, that a certain number of factors continue to hinder significantly the equitable integration of women in the development process in the country: the low level of literacy among women (41.8 per cent are illiterate compared to 27.4 per cent of men); the high rate of unemployment (25 per cent); the concentration of women in socio-occupational categories that are undervalued; their reduced participation in decision-making bodies at the local, regional and national levels; the myth of female vulnerability and paternalism; and the sex-based division of work which maintains the traditional role of women. The Committee also notes, however, that, according to the Government, the integration of women in the development process is progressively being attained at various levels, such as through their participation in income-generating activities; in family-type production or at the level of a wider labour market; their advancement through general education or vocational training; and their access to fields previously considered to be the sole territory of men. In addition, the Government indicates that no specific measure has been taken to facilitate women’s access to vocational or university training since women are able to take such training in exactly the same circumstances as men. In this regard, the Committee draws the Government’s attention to the fact that the situation could be improved even more by the adoption of appropriate measures aimed at further encouraging women to consider training which is less traditionally or typically "female" with a view to promoting the principle of equality. In paragraphs 38 and 97 of its 1988 General Survey on equality in employment and occupation, the Committee indicated that archaic attitudes and stereotypes as regards the distribution of "male" and "female" tasks are at the origin of the types of discrimination based on sex and all lead to the same result: the nullification or impairment of equality of opportunity and treatment. Occupational segregation according to sex, which leads to the concentration of men and women in different occupations and sectors of activity, is to a large extent the product of these archaic and stereotyped concepts. The Committee once again requests the Government to supply in its next report information on the affirmative action measures taken, and the results obtained, with a view to improving the situation of women in these areas.

CMNT_TITLE

The Committee notes the information provided in the report.

1. The Committee notes that the Labour Inspectorate and the Directorate General of Labour are in charge of labour inspection, and requests the Government to supply detailed information on the inspections conducted relevant to the Convention, the number and type of violations registered, action taken and outcomes, in order to ensure the effective application of the provisions of the Convention.

2. The Committee requests the Government to continue providing information on the status and process of the draft law on vocational training and supply the Office with a copy once it has been adopted.

3. The Committee also notes that the Government’s report does not contain a reply to the other comments made in its previous direct request. It is therefore bound to repeat its direct request, which read as follows:

(a)  With regard to access to training and Legislative Decree No. 83/81 of 1981 which provides, in sections 5(c), 7 and 8, that students must join and participate in the activities of the Organization of Cape Verde Students in order to have access to a study fellowship abroad, the Committee has been asking the Government for a number of years to indicate progress achieved in the revision of this text so as to bring it into full conformity with the Convention. The Committee notes that the Government states once again that the information provided in its previous reports remains the same and that the provisions have still not been amended or repealed. The Committee urges the Government to indicate in its next report the measures taken to eliminate the requirement to belong to and participate in the activities of the Organization of Cape Verde Students in order to have access to a study fellowship abroad, and to supply a copy of the revised text once amended.

(b)  As for the activities of the Institute on the Condition of Women in relation to promotion of equal opportunities and treatment in the fields of vocational training and employment, the Committee notes with interest the National Plan of Action for the Promotion of Women 1996-2000, prepared by the Institute for the Fourth World Conference on Women (Beijing, 1995). This instrument covers sectorial interdepartmental policies before being presented to all the social partners. The Committee observes that this Plan proposes measures for the emancipation of women by elimination of legal, economic, social, cultural and psychological obstacles hindering women’s more active participation in both the private and public sectors, particularly in the following areas: equity and access to power by women; rural development and fishing; education, training and employment; non-discriminatory treatment or stereotyping of women in the media. The Committee would appreciate receiving from the Government information on the results obtained by the implementation of this Plan, including copies of any reports, studies and statistics relevant to the promotion of equal opportunities and treatment in vocational training and employment.

(c)  With regard to women’s access to training, and vocational and university training in particular, and their access to particular jobs and occupations including those traditionally reserved for men, the Committee notes from the abovementioned Plan and the statistics it contains, that a certain number of factors continue to hinder significantly the equitable integration of women in the development process in the country: the low level of literacy among women (41.8 per cent are illiterate compared to 27.4 per cent of men); the high rate of unemployment (25 per cent); the concentration of women in socio-occupational categories that are undervalued; their reduced participation in decision-making bodies at the local, regional and national levels; the myth of female vulnerability and paternalism; and the sex-based division of work which maintains the traditional role of women. The Committee also notes, however, that, according to the Government, the integration of women in the development process is progressively being attained at various levels, such as through their participation in income-generating activities; in family-type production or at the level of a wider labour market; their advancement through general education or vocational training; and their access to fields previously considered to be the sole territory of men. In addition, the Government indicates that no specific measure has been taken to facilitate women’s access to vocational or university training since women are able to take such training in exactly the same circumstances as men. In this regard, the Committee draws the Government’s attention to the fact that the situation could be improved even more by the adoption of appropriate measures aimed at further encouraging women to consider training which is less traditionally or typically "female" with a view to promoting the principle of equality. In paragraphs 38 and 97 of its 1988 General Survey on equality in employment and occupation, the Committee indicated that archaic attitudes and stereotypes as regards the distribution of "male" and "female" tasks are at the origin of types of discrimination based on sex and all lead to the same result: the nullification or impairment of equality of opportunity and treatment. Occupational segregation according to sex, which leads to the concentration of men and women in different occupations and sectors of activity, is to a large extent the product of these archaic and stereotyped concepts. The Committee once again requests the Government to supply in its next report information on the affirmative action measures taken, and the results obtained, with a view to improving the situation of women in these areas.

CMNT_TITLE

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

1.  With regard to access to training and Legislative Decree No. 83/81 of 1981 which provides, in sections 5(c), 7 and 8, that students must join and participate in the activities of the Organization of Cape Verde Students in order to have access to a study fellowship abroad, the Committee has been asking the Government for a number of years to indicate progress achieved in the revision of this text so as to bring it into full conformity with the Convention. The Committee notes that the Government states once again that the information provided in its previous reports remains the same and that the provisions have still not been amended or repealed. The Committee urges the Government to indicate in its next report the measures taken to eliminate the requirement to belong to and participate in the activities of the Organization of Cape Verde Students in order to have access to a study fellowship abroad, and to supply a copy of the revised text once amended.

2.  As for the activities of the Institute on the Condition of Women in relation to promotion of equal opportunities and treatment in the fields of vocational training and employment, the Committee notes with interest the National Plan of Action for the Promotion of Women 1996-2000, prepared by the Institute for the Fourth World Conference on Women (Beijing, 1995). This instrument covers sectorial interdepartmental policies before being presented to all the social partners. The Committee observes that this Plan proposes measures for the emancipation of women by elimination of legal, economic, social, cultural and psychological obstacles hindering women’s more active participation in both the private and public sectors, particularly in the following areas: equity and access to power by women; rural development and fishing; education, training and employment; non-discriminatory treatment or stereotyping of women in the media. The Committee would appreciate receiving from the Government information on the results obtained by the implementation of this Plan, including copies of any reports, studies and statistics relevant to the promotion of equal opportunities and treatment in vocational training and employment.

3.  With regard to women’s access to training, and vocational and university training in particular, and their access to particular jobs and occupations including those traditionally reserved for men, the Committee notes from the above-mentioned Plan and the statistics it contains, that a certain number of factors continue to hinder significantly the equitable integration of women in the development process in the country: the low level of literacy among women (41.8 per cent are illiterate compared to 27.4 per cent of men); the high rate of unemployment (25 per cent); the concentration of women in socio-occupational categories that are under-valued; their reduced participation in decision-making bodies at the local, regional and national levels; the myth of female vulnerability and paternalism; and the sex-based division of work which maintains the traditional role of women. The Committee also notes, however, that, according to the Government, the integration of women in the development process is progressively being attained at various levels, such as through their participation in income-generating activities; in family-type production or at the level of a wider labour market; their advancement through general education or vocational training; and their access to fields previously considered to be the sole territory of men. In addition, the Government indicates that no specific measure has been taken to facilitate women’s access to vocational or university training since women are able to take such training in exactly the same circumstances as men. In this regard, the Committee draws the Government’s attention to the fact that the situation could be improved even more by the adoption of appropriate measures aimed at further encouraging women to consider training which is less traditionally or typically "female" with a view to promoting the principle of equality. In paragraphs 38 and 97 of its 1988 General Survey on equality in employment and occupation, the Committee indicated that archaic attitudes and stereotypes as regards the distribution of "male" and "female" tasks are at the origin of types of discrimination based on sex and all lead to the same result: the nullification or impairment of equality of opportunity and treatment. Occupational segregation according to sex, which leads to the concentration of men and women in different occupations and sectors of activity, is to a large extent the product of these archaic and stereotyped concepts. The Committee once again requests the Government to supply in its next report information on the affirmative action measures taken, and the results obtained, with a view to improving the situation of women in these areas.

CMNT_TITLE

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

1. With regard to access to training and Legislative Decree No. 83/81 of 1981 which provides, in sections 5(c), 7 and 8, that students must join and participate in the activities of the Organization of Cape Verde Students in order to have access to a study fellowship abroad, the Committee has been asking the Government for a number of years to indicate progress achieved in the revision of this text so as to bring it into full conformity with the Convention. The Committee notes that the Government states once again that the information provided in its previous reports remains the same and that the provisions have still not been amended or repealed. The Committee urges the Government to indicate in its next report the measures taken to eliminate the requirement to belong to and participate in the activities of the Organization of Cape Verde Students in order to have access to a study fellowship abroad, and to supply a copy of the revised text once amended.

2. As for the activities of the Institute on the Condition of Women in relation to promotion of equal opportunities and treatment in the fields of vocational training and employment, the Committee notes with interest the National Plan of Action for the Promotion of Women 1996-2000, prepared by the Institute for the Fourth World Conference on Women (Beijing, 1995). This instrument covers sectorial interdepartmental policies before being presented to all the social partners. The Committee observes that this Plan proposes measures for the emancipation of women by elimination of legal, economic, social, cultural and psychological obstacles hindering women's more active participation in both the private and public sectors, particularly in the following areas: equity and access to power by women; rural development and fishing; education, training and employment; non-discriminatory treatment or stereotyping of women in the media. The Committee would appreciate receiving from the Government information on the results obtained by the implementation of this Plan, including copies of any reports, studies and statistics relevant to the promotion of equal opportunities and treatment in vocational training and employment.

3. With regard to women's access to training, and vocational and university training in particular, and their access to particular jobs and occupations including those traditionally reserved for men, the Committee notes from the above-mentioned Plan and the statistics it contains, that a certain number of factors continue to hinder significantly the equitable integration of women in the development process in the country: the low level of literacy among women (41.8 per cent are illiterate compared to 27.4 per cent of men); the high rate of unemployment (25 per cent); the concentration of women in socio-occupational categories that are under-valued; their reduced participation in decision-making bodies at the local, regional and national levels; the myth of female vulnerability and paternalism; and the sex-based division of work which maintains the traditional role of women. The Committee also notes, however, that, according to the Government, the integration of women in the development process is progressively being attained at various levels, such as through their participation in income-generating activities; in family-type production or at the level of a wider labour market; their advancement through general education or vocational training; and their access to fields previously considered to be the sole territory of men. In addition, the Government indicates that no specific measure has been taken to facilitate women's access to vocational or university training since women are able to take such training in exactly the same circumstances as men. In this regard, the Committee draws the Government's attention to the fact that the situation could be improved even more by the adoption of appropriate measures aimed at further encouraging women to consider training which is less traditionally or typically "female" with a view to promoting the principle of equality. In paragraphs 38 and 97 of its 1988 General Survey on equality in employment and occupation, the Committee indicated that archaic attitudes and stereotypes as regards the distribution of "male" and "female" tasks are at the origin of types of discrimination based on sex and all lead to the same result: the nullification or impairment of equality of opportunity and treatment. Occupational segregation according to sex, which leads to the concentration of men and women in different occupations and sectors of activity, is to a large extent the product of these archaic and stereotyped concepts. The Committee once again requests the Government to supply in its next report information on the affirmative action measures taken, and the results obtained, with a view to improving the situation of women in these areas.

CMNT_TITLE

1. With regard to access to training and Legislative Decree No. 83/81 of 1981 which provides, in sections 5(c), 7 and 8, that students must join and participate in the activities of the Organization of Cape Verde Students in order to have access to a study fellowship abroad, the Committee has been asking the Government for a number of years to indicate progress achieved in the revision of this text so as to bring it into full conformity with the Convention. The Committee notes that the Government states once again that the information provided in its previous reports remains the same and that the provisions have still not been amended or repealed. The Committee urges the Government to indicate in its next report the measures taken to eliminate the requirement to belong to and participate in the activities of the Organization of Cape Verde Students in order to have access to a study fellowship abroad, and to supply a copy of the revised text once amended.

2. As for the activities of the Institute on the Condition of Women in relation to promotion of equal opportunities and treatment in the fields of vocational training and employment, the Committee notes with interest the National Plan of Action for the Promotion of Women 1996-2000, prepared by the Institute for the Fourth World Conference on Women (Beijing, 1995). This instrument covers sectorial interdepartmental policies before being presented to all the social partners. The Committee observes that this Plan proposes measures for the emancipation of women by elimination of legal, economic, social, cultural and psychological obstacles hindering women's more active participation in both the private and public sectors, particularly in the following areas: equity and access to power by women; rural development and fishing; education, training and employment; non-discriminatory treatment or stereotyping of women in the media. The Committee would appreciate receiving from the Government information on the results obtained by the implementation of this Plan, including copies of any reports, studies and statistics relevant to the promotion of equal opportunities and treatment in vocational training and employment.

3. With regard to women's access to training, and vocational and university training in particular, and their access to particular jobs and occupations including those traditionally reserved for men, the Committee notes from the above-mentioned Plan and the statistics it contains, that a certain number of factors continue to hinder significantly the equitable integration of women in the development process in the country: the low level of literacy among women (41.8 per cent are illiterate compared to 27.4 per cent of men); the high rate of unemployment (25 per cent); the concentration of women in socio-occupational categories that are under-valued; their reduced participation in decision-making bodies at the local, regional and national levels; the myth of female vulnerability and paternalism; and the sex-based division of work which maintains the traditional role of women. The Committee also notes, however, that, according to the Government, the integration of women in the development process is progressively being attained at various levels, such as through their participation in income-generating activities; in family-type production or at the level of a wider labour market; their advancement through general education or vocational training; and their access to fields previously considered to be the sole territory of men. In addition, the Government indicates that no specific measure has been taken to facilitate women's access to vocational or university training since women are able to take such training in exactly the same circumstances as men. In this regard, the Committee draws the Government's attention to the fact that the situation could be improved even more by the adoption of appropriate measures aimed at further encouraging women to consider training which is less traditionally or typically "female" with a view to promoting the principle of equality. In paragraphs 38 and 97 of its 1988 General Survey on equality in employment and occupation, the Committee indicated that archaic attitudes and stereotypes as regards the distribution of "male" and "female" tasks are at the origin of types of discrimination based on sex and all lead to the same result: the nullification or impairment of equality of opportunity and treatment. Occupational segregation according to sex, which leads to the concentration of men and women in different occupations and sectors of activity, is to a large extent the product of these archaic and stereotyped concepts. The Committee once again requests the Government to supply in its next report information on the affirmative action measures taken, and the results obtained, with a view to improving the situation of women in these areas.

CMNT_TITLE

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

1. The Committee notes with interest that the new Constitution of 4 September 1992 provides in article 22 that "all citizens shall enjoy social dignity and are equal before the law"; and that "no one may enjoy any privilege or benefit or suffer any disadvantage, or be denied any right or exempted from any obligation on the grounds of race, sex, national extraction, language, origin, religion, social and economic status or political and ideological convictions". The Committee welcomes the Government's statement that the rest of the national legislation will be revised at the appropriate time to bring it into conformity with the new Constitution, by means of new or amended provisions which explicitly set out the grounds of discrimination laid down in the above-mentioned article 22 with regard to employment and occupation. The Committee requests the Government to indicate in its next report the measures which have been taken to include in its national legislation, and in particular in the Labour Code and the conditions of service of the public service, all the grounds of discrimination set out by the Constitution and in Article 1, paragraph 1(a), of the Convention, including "colour", which is not referred to explicitly in the Constitution.

2. With regard to access to training and the regulations applying to students holding fellowships abroad, which require such students to join and participate in the activities of the Organization of Cape Verde Students (sections 5(c), 7 and 8 of Legislative Decree No. 83/81 of 18 July 1981), the Committee notes the Government's statement that the information supplied in its previous reports remains applicable. It also notes that the amendment or repeal of the above provisions is under examination. The Committee requests the Government to indicate in its next report whether this Legislative Decree has been amended and, if so, to supply a copy of it.

3. With regard to the positive measures taken in respect of women, the Committee notes that the Government recognizes that the lack of statistical data on the proportion of women in employment and training makes it impossible to demonstrate the absence of discrimination on grounds of sex. It adds that the information supplied in its previous reports shows that in practice discrimination on grounds of sex does not exist. The Committee also notes the statistical information provided in annex to the report concerning the number of girls registered in the various courses organized by the Centre for Administrative Training and Further Training (CENFA). It requests the Government to supply information in its next report on the number of girls, in comparison with the number of boys, participating in the above courses of the CENFA and on the positive measures taken, and the results obtained in facilitating and encouraging the access of women to the educational system, and in particular to technical and vocational training, as well as their access to jobs which are traditionally reserved for men and to positions of responsibility.

CMNT_TITLE

1. Further to its previous comments, the Committee notes with satisfaction the adoption of Act No. 101/IV/93 to revise the general legal framework governing labour relations, of which section 39(b) prohibits any discrimination on the grounds set out in the Convention, including "colour", which is not explicitly laid down in the Constitution.

2. With regard to the amendment of Legislative Decree No. 83/81 of 18 July 1981, which establishes the requirement in sections 5(c), 7 and 8 that students must join and participate in the activities of the Organization of Cape Verde Students in order to have access to a study fellowship abroad, the Committee notes that the Government refers to the information provided in its previous report. It had indicated that the amendment or repeal of the above provisions of the Legislative Decree was under examination. The Committee notes that it has been commenting on the discriminatory nature of these provisions since 1986 and urges the Government to indicate in its next report the progress achieved in the revision of this text and to provide a copy of the text as soon as it has been amended.

3. The Committee notes with interest the adoption of Legislative Decree No. 1/94 of 10 January 1994 establishing the Institute on the Condition of Women, which provides in section 4 that the Institute is responsible for the promotion of real equality between men and women and for the effective and visible integration of women into all fields of social, economic and political life and in the development of the country. The Committee requests the Government to provide information with its next report on the activities of the Institute as they relate to the promotion of equality of opportunity and treatment in vocational training and employment.

4. The Committee notes, from the statistics on the proportion of girls in comparison with boys participating in the courses organized by the Centre for Administrative Training and Further Training (CNEFA), which were provided in reply to its previous direct request, that the number of girls is very high in branches of training directed towards subordinate functions with a low skills level, in which women are generally predominant, such as typists and receptionists, but that their number is very low in branches of training for functions with a higher level of skills and responsibility, where men are predominant, such as human resources management, administrative management, the settlement of disputes, organization and methods, etc. The Committee once again requests the Government to provide information with its next report on the positive measures taken, and the results obtained, to facilitate and encourage the access of women to training, and particularly vocational training and university education, and to particular jobs and occupations, including those traditionally reserved for men and to posts of responsibility.

5. The Committee notes the Government's statement that statistical data on the proportion of women in training and employment are not yet available. The Committee once again requests the Government to endeavour, with the collaboration of employers' and workers' organizations and any other appropriate body for the promotion of women, to compile and analyse data, and particularly statistics, making it possible to gain a better knowledge of the situation of women in respect of employment and training, and to provide them with its next report. The Committee would also be grateful to receive a copy of the national report on the condition of women in Cape Verde that the Government submitted to the Fourth World Conference on Women, held in Beijing in September 1995.

CMNT_TITLE

The Committee notes the information supplied by the Government in its report in reply to its previous direct requests.

1. The Committee notes with interest that the new Constitution of 4 September 1992 provides in article 22 that "all citizens shall enjoy social dignity and are equal before the law"; and that "no one may enjoy any privilege or benefit or suffer any disadvantage, or be denied any right or exempted from any obligation on the grounds of race, sex, national extraction, language, origin, religion, social and economic status or political and ideological convictions". The Committee welcomes the Government's statement that the rest of the national legislation will be revised at the appropriate time to bring it into conformity with the new Constitution, by means of new or amended provisions which explicitly set out the grounds of discrimination laid down in the above-mentioned article 22 with regard to employment and occupation. The Committee requests the Government to indicate in its next report the measures which have been taken to include in its national legislation, and in particular in the Labour Code and the conditions of service of the public service, all the grounds of discrimination set out by the Constitution and in Article 1, paragraph 1(a), of the Convention, including "colour", which is not referred to explicitly in the Constitution.

2. With regard to access to training and the regulations applying to students holding fellowships abroad, which require such students to join and participate in the activities of the Organization of Cape Verde Students (sections 5(c), 7 and 8 of Legislative Decree No. 83/81 of 18 July 1981), the Committee notes the Government's statement that the information supplied in its previous reports remains applicable. It also notes that the amendment or repeal of the above provisions is under examination. The Committee requests the Government to indicate in its next report whether this Legislative Decree has been amended and, if so, to supply a copy of it.

3. With regard to the positive measures taken in respect of women, the Committee notes that the Government recognizes that the lack of statistical data on the proportion of women in employment and training makes it impossible to demonstrate the absence of discrimination on grounds of sex. It adds that the information supplied in its previous reports shows that in practice discrimination on grounds of sex does not exist. The Committee also notes the statistical information provided in annex to the report concerning the number of girls registered in the various courses organized by the Centre for Administrative Training and Further Training (CENFA). It requests the Government to supply information in its next report on the number of girls, in comparison with the number of boys, participating in the above courses of the CENFA and on the positive measures taken, and the results obtained in facilitating and encouraging the access of women to the educational system, and in particular to technical and vocational training, as well as their access to jobs which are traditionally reserved for men and to positions of responsibility.

CMNT_TITLE

With reference to its previous direct requests, the Committee notes the information supplied by the Government in its report and the attached documents.

1. The Committee notes that no measures have been taken to incorporate in the national legislation a provision referring explicitly to race, colour, national extraction and political opinion among the grounds on which discrimination is prohibited, but that the Government states that it is planned, in a future review of the Constitution, to include all the grounds of discrimination set out in Article 1, paragraph 1(a), of the Convention. The Committee asks the Government to indicate in its next report the measures taken to bring its national legislation into conformity with the Convention, either in the context of a review of the Constitution, or by means of legislation or administrative regulations.

2. With regard to access to training and the regulations applying to students holding fellowships abroad which require such students to join and participate in the activities of the Organization of Cape Verde Students (sections 5(c), 7 and 8 of Legislative Decree No. 83/81 of 18 July 1981), the Committee notes that the Government: repeats that, in practice, the only criterion applied in attributing fellowships abroad is the final average mark obtained by the student; states that age is an additional criterion; and recognizes the need to amend the above-mentioned Legislative Decree in due course to bring it fully into conformity with the Convention. The Committee asks the Government to indicate in its next report the measures that have been taken to this end and to provide a copy of the amended Legislative Decree as soon as possible.

3. With regard to the positive measures taken in respect of women, the Committee thanks the Government for providing statistical data disaggregated by sex on the courses organized by the Centre for Administrative Training and Further Training (CENFA) and two prospectuses from the Institute for Occupational Training and Further Training (IFAP) announcing certain courses which are open to all applicants who meet the requisite conditions, without discrimination, in particular on the ground of sex.

The Committee notes that very few women have completed certain courses (e.g. law, human resource management) but that there is equal participation in the so-called "permanent" courses, and asks the Government to indicate whether any enquiries have been conducted to identify the causes of these disparities, and to provide information on the measures taken or contemplated to ensure application of Article 3(e) of the Convention.

With regard to access for women to vocational training courses, the Committee would be grateful if the Government would continue to provide statistical data reflecting the implementation of the national policy to promote equal opportunity and treatment in respect of employment and occupation with a view to eliminating all discrimination in this respect.

CMNT_TITLE

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:

1. The Committee notes that no measures have been taken to include in the national legislation measures explicitly referring to race, colour, national extraction and political opinion among the grounds on which discrimination is prohibited. The Committee once again requests the Government to indicate the measures that have been taken or are envisaged to include these grounds of discrimination, which are set out in Article 1(a) of the Convention.

2. With regard to access to training, the Committee notes the statement that the Government is ensuring that the required conditions refer exclusively to the necessary capacity and to the interest shown. It also notes the Government's statement that, in practice, the only criterion employed up to the present time for attributing fellowships abroad has been the final average marks obtained by the student. In these circumstances, it hopes that the Government will be able to amend sections 5(c), 7 and 8 of Legislative Decree 83/81 of 18 July 1981 respecting the regulations applying to students holding fellowships abroad, to abolish the obligation to join and participate in the activities of the Organisation of Cape Verde Students, under penalty of losing the fellowship, and that its next report will indicate the measures that have been taken in this respect.

3. The Committee notes that the Government does not have at its disposal the information that it requested concerning the positive measures that have been taken in respect of women. It notes, however, that in the magistrature, 40 per cent of the posts are occupied by women. It also notes, from the copy of the periodical "Voz de Popo" that was supplied with the report, that a massive number of women have participated in the literacy campaign for adults launched in 1989, which is explained by the fact that a very high proportion of women are illiterate.

The Committee observes that the Government's obligations under the terms of the Convention are not confined to adopting laws and regulations prohibiting discrimination or providing for equality, but that they also involve the adoption and application of a national policy, including positive measures, to promote equality of opportunity and treatment in respect of access to training and employment. It draws the Government's attention to paragraph 247 of its 1988 General Survey on Equality in Employment and Occupation in which it emphasised that improvement in the means available for compiling information on direct and indirect forms of discrimination is indispensable if progress is to be made and as a basis for policies to achieve equality. It therefore hopes that the Government will be able to make efforts to collect information, and in particular statistics, that give a better knowledge of the situation of women as regards training and employment and that its next report will contain information on this subject, on any positive measure that has been taken to promote the training and employment of women and on the results that have been attained.

4. The Committee notes from the Government's report that it is not aware of any case brought before the relevant bodies in this connection. It requests the Government to supply information on any new developments in this respect in its future reports.

CMNT_TITLE

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

1. The Committee notes that no measures have been taken to include in the national legislation measures explicitly referring to race, colour, national extraction and political opinion among the grounds on which discrimination is prohibited. The Committee once again requests the Government to indicate the measures that have been taken or are envisaged to include these grounds of discrimination, which are set out in Article 1(a) of the Convention.

2. With regard to access to training, the Committee notes the statement that the Government is ensuring that the required conditions refer exclusively to the necessary capacity and to the interest shown. It also notes the Government's statement that, in practice, the only criterion employed up to the present time for attributing fellowships abroad has been the final average marks obtained by the student. In these circumstances, it hopes that the Government will be able to amend sections 5(c), 7 and 8 of Legislative Decree 83/81 of 18 July 1981 respecting the regulations applying to students holding fellowships abroad, to abolish the obligation to join and participate in the activities of the Organisation of Cape Verde Students, under penalty of losing the fellowship, and that its next report will indicate the measures that have been taken in this respect.

3. The Committee notes that the Government does not have at its disposal the information that it requested concerning the positive measures that have been taken in respect of women. It notes, however, that in the magistrature, 40 per cent of the posts are occupied by women. It also notes, from the copy of the periodical "Voz de Popo" that was supplied with the report, that a massive number of women have participated in the literacy campaign for adults launched in 1989, which is explained by the fact that a very high proportion of women are illiterate.

The Committee observes that the Government's obligations under the terms of the Convention are not confined to adopting laws and regulations prohibiting discrimination or providing for equality, but that they also involve the adoption and application of a national policy, including positive measures, to promote equality of opportunity and treatment in respect of access to training and employment. It draws the Government's attention to paragraph 247 of its 1988 General Survey on Equality in Employment and Occupation in which it emphasised that improvement in the means available for compiling information on direct and indirect forms of discrimination is indispensable if progress is to be made and as a basis for policies to achieve equality. It therefore hopes that the Government will be able to make efforts to collect information, and in particular statistics, that give a better knowledge of the situation of women as regards training and employment and that its next report will contain information on this subject, on any positive measure that has been taken to promote the training and employment of women and on the results that have been attained.

4. The Committee notes from the Government's report that it is not aware of any case brought before the relevant bodies in this connection. It requests the Government to supply information on any new developments in this respect in its future reports.

CMNT_TITLE

The Committee notes the information supplied by the Government in reply to its previous direct request.

1. The Committee notes that no measures have been taken to include in the national legislation measures explicitly referring to race, colour, national extraction and political opinion among the grounds on which discrimination is prohibited. The Committee once again requests the Government to indicate the measures that have been taken or are envisaged to include these grounds of discrimination, which are set out in Article 1(a) of the Convention.

2. With regard to access to training, the Committee notes the statement that the Government is ensuring that the required conditions refer exclusively to the necessary capacity and to the interest shown. It also notes the Government's statement that, in practice, the only criterion employed up to the present time for attributing fellowships abroad has been the final average marks obtained by the student. In these circumstances, it hopes that the Government will be able to amend sections 5(c), 7 and 8 of Legislative Decree 83/81 of 18 July 1981 respecting the regulations applying to students holding fellowships abroad, to abolish the obligation to join and participate in the activities of the Organisation of Cape Verde Students, under penalty of losing the fellowship, and that its next report will indicate the measures that have been taken in this respect.

3. The Committee notes that the Government does not have at its disposal the information that it requested concerning the positive measures that have been taken in respect of women. It notes, however, that in the magistrature, 40 per cent of the posts are occupied by women. It also notes, from the copy of the periodical "Voz de Popo" that was supplied with the report, that a massive number of women have participated in the literacy campaign for adults launched in 1989, which is explained by the fact that a very high proportion of women are illiterate.

The Committee observes that the Government's obligations under the terms of the Convention are not confined to adopting laws and regulations prohibiting discrimination or providing for equality, but that they also involve the adoption and application of a national policy, including positive measures, to promote equality of opportunity and treatment in respect of access to training and employment. It draws the Government's attention to paragraph 247 of its 1988 General Survey on Equality in Employment and Occupation in which it emphasised that improvement in the means available for compiling information on direct and indirect forms of discrimination is indispensable if progress is to be made and as a basis for policies to achieve equality. It therefore hopes that the Government will be able to make efforts to collect information, and in particular statistics, that give a better knowledge of the situation of women as regards training and employment and that its next report will contain information on this subject, on any positive measure that has been taken to promote the training and employment of women and on the results that have been attained.

4. The Committee notes from the Government's report that it is not aware of any case brought before the relevant bodies in this connection. It requests the Government to supply information on any new developments in this respect in its future reports.