Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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

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.