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

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

Branch (g) (Employment injury benefit). Articles 3 and 4 (equality of treatment without conditions of residence) and Article 5 (payment of benefits abroad) of the Convention. In reply to the issues raised previously under the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19), and Convention No. 118, the Government, in its report received in August 2012, reiterates that a reform of the national legislation in respect of industrial accidents and occupational diseases is to be undertaken in consultation with the social partners. In the meantime, the Decree Law No. 84/78 of 22 September, as subsequently modified, which governs industrial accidents and occupational diseases, remains applicable. While recognizing that the latter is not fully in conformity with international obligations assumed by Cape Verde, the Government once again stresses that the newly adopted Labour Code does establish, as a fundamental principle of labour law, the right of all workers without distinction to compensation in case of accidents at work. As the Committee pointed out in its previous observation, the reciprocity condition for equality of treatment of foreign nationals and their dependants with Cape Verde nationals contained in section 3(3) of the Decree Law runs counter to this principle. The Committee hopes that the provision subjecting equality of treatment to a reciprocity condition will soon be repealed, and that the future reform of the legislation concerning employment injury compensation will permit the Government to introduce specific provisions guaranteeing the payment of pensions in case of residence abroad as well as equality of treatment for refugees and stateless persons. Noting that the situation in respect of issues raised previously remains unchanged, the Committee cannot but express the hope that the necessary amendments to the legislation on employment injuries will be made shortly.

Part V of the report form. Compliance with national legislation in sectors employing high rates of foreign workers. The Committee notes the Government’s reply to the comments made in 2010 by the Cape Verde Confederation of Free Trade Unions (CCSL) concerning in particular coordination mechanisms existing under the national immigration strategy aimed at providing institutions with guidance and tools for implementing immigration management policy. The Committee would like the Government to indicate the results achieved in ensuring better compliance with the obligation of employers under the new Labour Code to insure all workers against industrial accidents, with a particular emphasis on sectors employing a high number of foreign workers.

The Committee notes the Government’s reply to its previous request for statistical information on occupational accidents under Convention No. 19. The Government’s data refers to 202 accidents at work officially recorded in 2011, with the highest proportion in the construction sector (33.17 per cent). Because this data does not include any breakdown for foreign workers employed in the country, the Committee again requests that the Government indicate as far as possible the number and nationality of foreign workers employed in the country and the number of those involved in accidents, particularly in the construction sector.