Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Cabo Verde (Ratification: 1987)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 17 (Workmen’s Compensation (Accidents)), 19 (Equality of Treatment (Accident Compensation)), 102 (Minimum Standards), and 118 (Equality of Treatment (Social Security)) together.

The Committee notes the Government’s first report on Convention No. 102. 

Article 1 of Convention No. 17. Provision of workers’ compensation. The Committee takes note with interest of the information provided by the Government in its report on the adoption of the Decree-Law No. 58/2020, of 29 September, establishing the Legal Regime of Compulsory Insurance for Occupational Accidents and Diseases (SOAT), which will enter into force as of 1 of January 2023, replacing Decree-Law No. 86/78. The Committee requests the Government to provide detailed information on the manner in which Decree-Law No 58/2020 gives effect to the Convention, in accordance with parts I and II of the report form.

Article 7 of Convention No. 17. Additional compensation for the constant help of another person.The Committee notes the indication by the Government that, according to section 17 of Decree-Law No 86/78, in case of absolute permanent incapacity to work, an injured person is entitled to a pension equivalent to 70 per cent of the basic pay, which can be increased to a maximum of 100 per cent of basic pay should the medical condition from which the permanent incapacity results requires the assistance of a third person. The Committee observes that the Decree-Law No. 58/2020, which is set to replace Decree-Law No 86/78, in its section 49, contains the same provision and requirements for entitlement of additional compensation.

The Committee recalls that Article 7 of the Convention requires the payment of additional compensation in all cases where the injury results in partial, permanent or temporary incapacity of such a nature that the injured workers must have the constant help of another person. The Committee requests the Government to provide information on any other measure in place to ensure that all injured workers, including those with partial, permanent or temporary incapacity, are provided with additional compensation when the constant help of another person is required, or with such help in kind.

Article 11 of Convention No. 17. Compensation of industrial accidents in the event of the insolvency of the employer or insurer. The Committee takes note of the information provided by the Government, specifying that section 17 of the Labour Code provides for direct liability of personal assets of persons responsible for the management of the enterprises or insurers in situations of bankruptcy, insolvency or other form of cessation of activity. Pursuant to section 30 of Decree No 84/78, benefits due to compulsory occupational accident insurance enjoy credit privileges enshrined in the general law as a guarantee of work remuneration.

While taking note of this information, the Committee observes that the legislation in force does not make provision for cases where personal assets would not be sufficient to guarantee due compensation to victims of industrial accidents. The Committee notes, however, that the Decree-Law No. 58/2020, which will enter into in force as of 1 January 2023, provides, in its section 60, that benefits which cannot be paid by the responsible entity due to economic incapacity, shall be borne by the Occupational Accidents Pension Fund.

The Committee welcomes the adoption of this provision and requests the Government to provide further information on the manner in which it will be implemented to ensure that workers who suffer industrial accident, or their dependants, are compensated in all circumstances, in the event of the insolvency of the employer or insurer, as required by Article 11 of the Convention.

Application of Convention No. 17 in practice. The Committee, notes the information provided by the Government in reply to its previous comments, referring to the concerns expressed by the Confederation of Free Trade Unions of Cape Verde (CCSL) with respect to the inadequate level of employment injury benefit and the lack of review mechanisms. The Government indicates that there has not been any progressconcerning the implementation of a database management system and that the lack of resources prevented the undertaking of statistical assessments regarding the adequacy of benefits, as suggested by the Committee. The Committeehopes that the level and adequacy of employment injury pensions will be considered in the context of the ongoing reform of the national legislation concerning industrial accidents and occupational diseases. In this context, it requests the Government to provide information on the manner in which employment injury pensions fulfil their role of effectively replacing the earnings on which victims of occupational accidents rely for a living and on the implementation of thedatabase management system on occupational accidents and diseases, to facilitate the Committee’s assessment of the application of the Convention in practice.

Article 1(2) of Convention No. 19 and Articles 3 and 4 of Convention No. 118. Equality of treatment without conditions of residence – employment injury benefits. The Committee takes note with interest of the Government’s indication, in reply to its previous comments, that Decree-Law 58/2020, which is set to repeal Decree-Law 84/78, provides for equality of treatment between national and non-national workers and their dependents as to compensation due to occupational accidents and diseases in its section 10.

Article 1(2) of Convention No. 19 and Article 5 of the Convention No. 118. Payment of employment injury benefits abroad. The Committee takes note of the indication by the Government, in reply to its previous comments, that beneficiaries of employment injury benefits keep their entitlement to cash benefits even if they transfer their residence out of Cabo Verde, except as provided for by the law and by applicable international instruments. The Committee observes, however, that the legislation concerning employment injury benefits – current and future, to be in force as of 2023, is silent as to the means and procedure in place to guarantee that benefits are paid to victims of employment injury or their dependents who reside abroad. The Committee requests the Government to indicate how the payment of employment injury benefits abroad is ensured, and to provide the applicable provisions or procedures. The Committee further requests the Government to provide information on any mutual agreements, or any multilateral or bilateral agreements concluded with other Member States in application of Article 1(2) of Convention No. 19 and Article 5 of Convention No. 118.

Application of Conventions No. 19 and No. 118 in practice. In its previous comments, the Committee requested theGovernment to indicate the results achieved in ensuring better compliance with the obligation of employers to insure all workers against industrial accidents, with a particular emphasis on sectors employing a high number of foreign workers, and to provide the number and nationality of non-national workers employed in the country and the number of those involved in accidents. The Committee observes that the report supplied by the Government does not provide information in this regard. The Committee refers to Part V of the report form for Convention No. 118 and hopes that the Government will be in a position to provide statistical information concerning (i) the number of foreign workers in the national territory, (ii) their nationality, (iii) their occupational distribution, (iv) the number and type of benefits paid, broken down by type of benefits, and (v) the number of benefits paid abroad to nationals and non-national workers, including the amount paid, type of benefits and country of destination.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which Conventions Nos 17 and 18 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or accepting Part VI of the Social Security (Minimum Standards) Convention, 1952 (No. 102) c102, (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October-November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or accepting Part VI of Convention No. 102 as the most up-to-date instruments in this subject area.

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

Please refer to the comments made under the Equality of Treatment (Social Security) Convention, 1962 (No. 118).

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes that a new Labour Code has been adopted in 2007 according to which foreign workers, their families or dependants, who have been victims of occupational accidents, are granted the same treatment in respect of compensation as the nationals of Cape Verde (section 18(1)). The Committee notes the Government’s statement that, despite the introduction of the new Labour Code, the provisions of Legislative Decree No. 84/78 establishing compulsory insurance for industrial accidents, is still applicable. The Committee notes that section 3(1) of the Legislative Decree is contrary to the Labour Code because it establishes that foreign workers who exercise professional activities in Cape Verde are treated as national workers on the basis of reciprocal agreements. Furthermore, section 3(3) is also contrary to the provisions of the Labour Code because it excludes foreign workers from the scope of the Decree when they are temporarily employed in Cape Verde by a foreign enterprise.

The Committee notes the Government’s statement that, in practice, foreign workers, including those temporarily employed in Cape Verde, can benefit from the compulsory insurance for occupational accidents. The Government indicates that a complete revision of the issue of industrial accidents has been initiated and that the final text shall be submitted to the Committee as soon as it is adopted. The Committee hopes that, in revising its legislation on industrial accidents, the Government amends sections 3(1) and (3) of Legislative Decree No. 84/78 in conformity with section 18(1) of the Labour Code in order to ensure a better application of Articles 1 and 2 of the Convention.

Part V of the report form. Practical application. The Committee notes that the Government still does not have any statistical data concerning occupational accidents. It trusts that the Government will be in a position to transmit such information with its next report indicating, as far as possible, the number and nationality of foreign workers employed in the country, the number of those involved in occupational accidents, in particular in the construction sector where, according to the Cape Verde Confederation of Free Trade Unions (CCSL), many occupational accidents occur.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 1 of the Convention. Equality of treatment. With reference to its previous comments on the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17) and Convention No. 19, the Committee notes with satisfaction that a new Labour Code has been adopted in 2007 according to which foreign workers, their families or dependants, who have been victims of occupational accidents, are granted the same treatment in respect of compensation as the nationals of Cape Verde (section 18(1)).

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

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Article 2 of the Convention. Foreign workers temporarily or intermittently employed. The Committee takes this opportunity to recall that, under the terms of this provision of the Convention, when foreign workers are victims of occupational accidents while employed temporarily or intermittently on the territory of Cape Verde on behalf of an undertaking situated abroad, it is not authorized to exclude these workers from the scope of application of Cape Verdean law except in the case of the prior conclusion between the States concerned of special agreements providing for the application of the legislation of the State of origin.

Part V of the report form. The Committee notes that the Government still does not have any statistical data concerning occupational accidents. It trusts that the Government will be in a position to transmit such information with its next report indicating, as far as possible, the number and nationality of foreign workers employed in the country, the number of those involved in occupational accidents, in particular in the construction sector where, according to the Cape Verde Confederation of Free Trade Unions (CCSL), many occupational accidents occur.

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

The Committee notes with regret that the Government’s report has not been received. It also notes the adoption in 2007 of the new Labour Code and 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:

Article 2 of the Convention. The Committee takes this opportunity to recall that, under the terms of this provision of the Convention, when foreign workers are victims of occupational accidents while employed temporarily or intermittently on the territory of Cape Verde on behalf of an undertaking situated abroad, it is not authorized to exclude these workers from the scope of application of Cape Verdean law except in the case of the prior conclusion between the States concerned of special agreements providing for the application of the legislation of the State of origin.

Part V of the report form. The Committee notes that the Government still does not have any statistical data concerning occupational accidents. It trusts that the Government will be in a position to transmit such information with its next report indicating, as far as possible, the number and nationality of foreign workers employed in the country, the number of those involved in occupational accidents, in particular in the construction sector where, according to the Cape Verde Confederation of Free Trade Unions (CCSL), many occupational accidents occur.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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

The Committee notes the report transmitted by the Government, as well as the comments made by the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB), the National Union of Workers of Cape Verde – Trade Union (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL) concerning the application of the Convention.

Article 2 of the Convention. In its report, the Government states that it will take account of the comments previously made by the Committee when amending section 3(1) of Legislative Decree No. 84/78 of 22 September 1978 in order to remove any reference to the blanket exclusion from its scope of foreign workers who are employed temporarily in the national territory by a foreign enterprise. The Committee notes this information with interest and notes that this amendment will be made within the framework of the adoption of a new Labour Code, the draft version of which was prepared in collaboration with the Office. It notes, furthermore, that in their comments the three organizations above expressed support for such a revision in order to bring the national legislation into conformity with Convention No. 19. In these circumstances, the Committee hopes that the necessary amendments will soon be adopted and that the Government will be in a position to transmit them with its next report. The Committee takes this opportunity to recall that, under the terms of this provision of the Convention, when foreign workers are victims of occupational accidents while employed temporarily or intermittently on the territory of Cape Verde on behalf of an undertaking situated abroad, it is not authorized to exclude these workers from the scope of application of Cape Verdean law except in the case of the prior conclusion between the States concerned of special agreements providing for the application of the legislation of the State of origin.

Part V of the report form. The Committee notes the Government’s statement that it still does not have any statistical data concerning occupational accidents. It trusts that the Government will be in a position to transmit such information with its next report indicating, as far as possible, the number and nationality of foreign workers employed in the country, the number of those involved in occupational accidents, in particular in the construction sector where, according to the CCSL, many occupational accidents occur.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the report transmitted by the Government, as well as the comments made by the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB), the National Union of Workers of Cape Verde – Trade Union (UNTC-CS) and the Cape Verde Confederation of Free Trade Unions (CCSL) concerning the application of the Convention.

Article 2 of the Convention. In its report, the Government states that it will take account of the comments previously made by the Committee when amending section 3(1) of Legislative Decree No. 84/78 of 22 September 1978 in order to remove any reference to the blanket exclusion from its scope of foreign workers who are employed temporarily in the national territory by a foreign enterprise. The Committee notes this information with interest and notes that this amendment will be made within the framework of the adoption of a new Labour Code, the draft version of which was prepared in collaboration with the Office. It notes, furthermore, that in their comments the three organizations above expressed support for such a revision in order to bring the national legislation into conformity with Convention No. 19. In these circumstances, the Committee hopes that the necessary amendments will soon be adopted and that the Government will be in a position to transmit them with its next report. The Committee takes this opportunity to recall that, under the terms of this provision of the Convention, when foreign workers are victims of occupational accidents while employed temporarily or intermittently on the territory of Cape Verde on behalf of an undertaking situated abroad, it is not authorized to exclude these workers from the scope of application of Cape Verdean law except in the case of the prior conclusion between the States concerned of special agreements providing for the application of the legislation of the State of origin.

Part V of the report form. The Committee notes the Government’s statement that it still does not have any statistical data concerning occupational accidents. It trusts that the Government will be in a position to transmit such information with its next report indicating, as far as possible, the number and nationality of foreign workers employed in the country, the number of those involved in occupational accidents, in particular in the construction sector where, according to the CCSL, many occupational accidents occur.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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

The Committee notes that according to information supplied by the Government there have been no amendments to legislation concerning this Convention. The situation described by the Government in its previous report remains unchanged. The Committee hopes that in its next report the Government will be able to indicate the adoption of measures aimed at ensuring improved application of the Convention. In this regard, it recalls the following points raised in its previous direct request.

1. Article 2 of the Convention. In previous comments the Committee pointed out that section 3(3) of Legislative Decree No. 84/78 to establish compulsory insurance for industrial accidents, which excludes from its scope foreign workers who are employed temporarily in Cape Verde by a foreign enterprise, does not fully comply with the requirements of the Convention. Article 2 does allow the conclusion of special agreements between Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member; however, a blanket exclusion is contrary to the provisions of the Convention.

In reply, the Government explains that under section 11(4) of the Constitution of the Republic of Cape Verde the provisions of international agreements take precedence over domestic law. The Government therefore considers that it can conclude special agreements of the type provided under Article 2 of the Convention without repealing section 3 of Legislative Decree 84/78. The Committee notes this information. It points out that its comments applied to the need to amend section 3(3) of the Decree in order to delete any reference to a blanket exclusion of foreign workers who are employed temporarily in Cape Verde by a foreign enterprise in the scope of the Decree and hence the compulsory insurance protection against occupational accidents. The Committee therefore suggests that the Government should supplement section 3(3) of the Decree by a provision stipulating that exclusion of these workers from the scope of the Decree is allowed only subject to the prior conclusion of special agreements between Cape Verde and the Members concerned. The Committee also refers to its comments under Articles 3 and 4 of the Equality of Treatment (Social Security) Convention, 1962 (No. 118).

2. The Committee also notes the Government’s statement that statistical information is not yet available. It requests the Government to provide information on any progress made in this respect.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that according to information supplied by the Government there have been no amendments to legislation concerning this Convention. The situation described by the Government in its previous report remains unchanged. The Committee hopes that in its next report the Government will be able to indicate the adoption of measures aimed at ensuring improved application of the Convention. In this regard, it recalls the following points raised in its previous direct request.

1. Article 2 of the Convention. In previous comments the Committee pointed out that section 3(3) of Legislative Decree No. 84/78 to establish compulsory insurance for industrial accidents, which excludes from its scope foreign workers who are employed temporarily in Cape Verde by a foreign enterprise, does not fully comply with the requirements of the Convention. Article 2 does allow the conclusion of special agreements between Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member; however, a blanket exclusion is contrary to the provisions of the Convention.

In reply, the Government explains that under section 11(4) of the Constitution of the Republic of Cape Verde the provisions of international agreements take precedence over domestic law. The Government therefore considers that it can conclude special agreements of the type provided under Article 2 of the Convention without repealing section 3 of Legislative Decree 84/78. The Committee notes this information. It points out that its comments applied to the need to amend section 3(3) of the Decree in order to delete any reference to a blanket exclusion of foreign workers who are employed temporarily in Cape Verde by a foreign enterprise in the scope of the Decree and hence the compulsory insurance protection against occupational accidents. The Committee therefore suggests that the Government should supplement section 3(3) of the Decree by a provision stipulating that exclusion of these workers from the scope of the Decree is allowed only subject to the prior conclusion of special agreements between Cape Verde and the Members concerned. The Committee also refers to its comments under Articles 3 and 4 of the Equality of Treatment (Social Security) Convention, 1962 (No. 118).

2. The Committee also notes the Government’s statement that statistical information is not yet available. It requests the Government to provide information on any progress made in this respect.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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

The Committee notes that according to information supplied by the Government there have been no amendments to legislation concerning this Convention. The situation described by the Government in its previous report remains unchanged. The Committee hopes that in its next report the Government will be able to indicate the adoption of measures aimed at ensuring improved application of the Convention. In this regard, it recalls the following points raised in its previous direct request.

1. Article 2 of the Convention. In previous comments the Committee pointed out that section 3(3) of Legislative Decree No. 84/78 to establish compulsory insurance for industrial accidents, which excludes from its scope foreign workers who are employed temporarily in Cape Verde by a foreign enterprise, does not fully comply with the requirements of the Convention. Article 2 does allow the conclusion of special agreements between Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member; however, a blanket exclusion is contrary to the provisions of the Convention.

In reply, the Government explains that under section 11(4) of the Constitution of the Republic of Cape Verde the provisions of international agreements take precedence over domestic law. The Government therefore considers that it can conclude special agreements of the type provided under Article 2 of the Convention without repealing section 3 of Legislative Decree 84/78. The Committee notes this information. It points out that its comments applied to the need to amend section 3(3) of the Decree in order to delete any reference to a blanket exclusion of foreign workers who are employed temporarily in Cape Verde by a foreign enterprise in the scope of the Decree and hence the compulsory insurance protection against occupational accidents. The Committee therefore suggests that the Government should supplement section 3(3) of the Decree by a provision stipulating that exclusion of these workers from the scope of the Decree is allowed only subject to the prior conclusion of special agreements between Cape Verde and the Members concerned. The Committee also refers to its comments under Articles 3 and 4 of the Equality of Treatment (Social Security) Convention, 1962 (No. 118).

2. The Committee also notes the Government’s statement that statistical information is not yet available. It requests the Government to provide information on any progress made in this respect.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that according to information supplied by the Government there have been no amendments to legislation concerning this Convention. The situation described by the Government in its previous report remains unchanged. The Committee hopes that in its next report the Government will be able to indicate the adoption of measures aimed at ensuring improved application of the Convention. In this regard, it recalls the following points raised in its previous direct request.

1. Article 2 of the Convention. In previous comments the Committee pointed out that section 3(3) of Legislative Decree No. 84/78 to establish compulsory insurance for industrial accidents, which excludes from its scope foreign workers who are employed temporarily in Cape Verde by a foreign enterprise, does not fully comply with the requirements of the Convention. Article 2 does allow the conclusion of special agreements between Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member; however, a blanket exclusion is contrary to the provisions of the Convention.

In reply, the Government explains that under section 11(4) of the Constitution of the Republic of Cape Verde the provisions of international agreements take precedence over domestic law. The Government therefore considers that it can conclude special agreements of the type provided under Article 2 of the Convention without repealing section 3 of Legislative Decree 84/78. The Committee notes this information. It points out that its comments applied to the need to amend section 3(3) of the Decree in order to delete any reference to a blanket exclusion of foreign workers who are employed temporarily in Cape Verde by a foreign enterprise in the scope of the Decree and hence the compulsory insurance protection against occupational accidents. The Committee therefore suggests that the Government should supplement section 3(3) of the Decree by a provision stipulating that exclusion of these workers from the scope of the Decree is allowed only subject to the prior conclusion of special agreements between Cape Verde and the Members concerned. The Committee also refers to its comments under Articles 3 and 4 of the Equality of Treatment (Social Security) Convention, 1962 (No. 118).

2. The Committee also notes the Government’s statement that statistical information is not yet available. It requests the Government to provide information on any progress made in this respect.

[The Government is asked to report in detail in 2002.]

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

1. Article 2 of the Convention. In previous comments the Committee had pointed out that section 3(3) of Legislative Decree No. 84/78 to establish compulsory insurance for industrial accidents, which excludes from its scope foreign workers who are employed temporarily in Cape Verde by a foreign enterprise, does not fully comply with the requirements of the Convention. Article 2 does allow the conclusion of special agreements between Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member; however, a blanket exclusion is contrary to the provisions of the Convention.

In reply, the Government explains that under section 11(a) of the Constitution of the Republic of Cape Verde the provisions of international agreements take precedence over domestic law, and therefore section 3(3) of Legislative Decree 84/78 is implicitly revoked. The Committee notes this information. It points out, however, that those workers who are not covered by an agreement concluded under Article 2 would remain under Article 1 of the Convention and that section 3(3) would be inconsistent with Article 1 and it is only in such cases that section 3(3) would stand implicitly repeated and not in other cases. The Committee therefore trusts that the Government will take the necessary steps in the near future to comply fully with the Convention on this point both in law and in practice. The Committee also refers to its comments under Articles 3 and 4 of the Equality of Treatment (Social Security) Convention, 1962 (No. 118).

2. The Committee also notes the Government's statement that statistical information is not yet available. It would appreciate being kept informed of any progress made in this respect.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 2 of the Convention. The Committee notes with interest the Government's statement that its previous comments on section 3(3) of Legislative Decree No. 84/78 to establish compulsory insurance for industrial accidents will duly be taken into account in a future revision of the relevant legislation. The Committee therefore hopes that measures will be taken shortly to bring this provision of the legislation into full conformity with Article 2 of the Convention which provides that the exclusion of workers temporarily or intermittantly employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be subject to the conclusion of an agreement between the Members concerned guaranteeing to the workers, who are excluded from the scope of the first Member's legislation, that the legislation of the second Member shall remain applicable to them during the period of their temporary employment in the territory of the first Member. The Committee would be grateful if in its next report the Government would provide information on progress made in this respect.

Point V of the report form. In reply to the request for information on the practical effect given to the Convention, the Government indicates that the particulars requested are not yet available. The Committee hopes that the Government will be able to provide this information, including statistics, with its next report.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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. Article 2 of the Convention. Under the terms of section 3(3) of Legislative Decree No. 84/78, foreign workers who are temporarily in Cape Verde in the service of a foreign enterprise or international organisation and who, as such, are entitled to compensation for industrial accidents, are excluded from the scope of the Decree. This provision is not entirely in accordance with Article 2 of the Convention, which provides that the exclusion of workers temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be subject to the conclusion of an agreement between the Members concerned to guarantee to the workers, who are excluded from the scope of the first Member's legislation, that the legislation of the second Member remains applicable during the period of their temporary employment. The Committee requests the Government to indicate the measures that it is proposing to take to bring its legislation into full conformity with the Convention on this point.

2. Please also supply information on the application of the Convention in practice, and in particular statistics, as requested under point V of the report form adopted by the Governing Body of the ILO on this Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's first report and wishes to draw attention to the following points.

1. Article 2 of the Convention. Under the terms of section 3(3) of Legislative Decree No. 84/78, foreign workers who are temporarily in Cape Verde in the service of a foreign enterprise or international organisation and who, as such, are entitled to compensation for industrial accidents, are excluded from the scope of the Decree. This provision is not entirely in accordance with Article 2 of the Convention, which provides that the exclusion of workers temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be subject to the conclusion of an agreement between the Members concerned to guarantee to the workers, who are excluded from the scope of the first Member's legislation, that the legislation of the second Member remains applicable during the period of their temporary employment. The Committee requests the Government to indicate the measures that it is proposing to take to bring its legislation into full conformity with the Convention on this point.

2. Please also supply information on the application of the Convention in practice, and in particular statistics, as requested under point V of the report form adopted by the Governing Body of the ILO on this Convention.