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

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

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.