Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Cabo Verde (Ratification: 1979)

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)

The Committee takes note of the Government’s report on the application of the Convention, as well as of its reply to the observations made in 2010 by the Confederation of Free Trade Unions of Cape Verde (CCSL). The CCSL stressed that the level of employment injury benefit was insufficient to meet the basic needs of the beneficiaries and their families and pointed to the lack of review mechanisms aimed at adjusting the value of employment injury benefit to the level of earnings in the country. The CCSL urgently called for a reform of the national legislation as well as for improvements in the monitoring mechanisms on the part of the General Directorate of Labour (DGT) and the Inspectorate General of Labour (IGT) by securing effective presence throughout the national territory.

The Government informs that a national programme was adopted in 2011 for the period 2011–16 with a view to, inter alia, promote the implementation of a national policy on safety and health at work (OSH) aimed at better managing and analysing the labour market dynamics by identifying the legal and institutional deficits between the OSH normative framework and economic realities, so as to develop efficient preventive measures and focus on sectors with higher occupational risks fully involving all social partners. The Government also refers to the 2011 Activities Report of the IGT, according to which this authority placed emphasis on educational awareness-raising activities, while at the same time undertaking a total of 1,449 inspections throughout the country – a rise of 34.3 per cent in the number of visits carried out in comparison with 2010. The number of proceedings for labour violations initiated by the IGT also went up from 190 in 2010 to as much as 278 in 2011. It is also envisaged to open new IGT offices so as to densify territorial coverage. While the commercial sector was found to present greater reluctance to register and pay compulsory accident insurance and social security contributions, the highest rate of industrial injuries was observed in the construction sector (33.17 per cent) and the lowest in agriculture (0.5 per cent). With a view to reducing the high incidence of industrial accidents in the construction sector, the IGT signed a strategic partnership agreement with the Cape Verde Construction Companies Association (ACEC) to carry out training in safety, hygiene and health. The Government states that despite observed infringements, changing patterns of behaviour were observed with regard to compliance with legal requirements. However, given the shortage of human and material resources to collect and process statistical data on occupational accidents and diseases, the database management system contemplated in Order No. 9/2001 of 9 April is still not operational. The Government states however that such statistical data would allow analysis of the impact of the legal and institutional reforms on industrial relations and, ultimately, also on the application of the Convention.

The Committee takes due note of the information provided and wishes to encourage the Government’s efforts aimed at guaranteeing a safer working environment by raising awareness of all economic actors and reinforcing the human and material capacities of the competent supervisory bodies. The effective implementation of the database management system on occupational accidents and diseases is particularly encouraged since it would allow targeted action to achieve greater efficiency and results. Noting the concerns expressed by the CCSL with respect to the inadequate level of employment injury benefit and the lack of review mechanisms, the Committee would suggest that the Government undertake an assessment of how employment injury pensions fulfil their role of effectively replacing the earnings on which victims of occupational accidents relied for a living.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee took note of the Government’s report received in February 2010, as well as of the observations of the Confederation of Free Trade Unions of Cape Verde (CCSL) on the application of the Conventions Nos 17 and 19, among others, communicated by the Government in March 2010. The Committee hopes that the Government will not fail to reply to these observations in its next detailed report due in 2012, and that this report will also include, in compliance with Part V of the report form, all the available statistical data, extracts from inspection reports and other relevant information, which would permit to throw light on the application of the Convention in practice.

The Committee further notes that, according to section 18(1) of the new Labour Code of 2007, 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. With regard to questions raised in the direct request of 2009 concerning the condition of reciprocity imposed by section 3(1) of Legislative Decree No. 84/78 on compulsory occupational accident insurance, the Committee asks the Government to refer to the 2011 direct request on the Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19).

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, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2). Condition of reciprocity. In its previous comments the Committee drew the Government’s attention to the provisions of section 14 of the Civil Code and section 3(1) of Legislative Decree No. 84/78 on compulsory occupational accident insurance. Under these provisions, foreign workers are not considered to be in the same position as nationals unless there is a reciprocal arrangement with their country of origin. In its last report the Government indicates that the law remains unchanged, but that a revision of Decree No. 84/78 is being envisaged and it will enable the legislation to be brought into conformity with the Convention. The Committee trusts that, in its next report, the Government will be able to indicate the adoption of measures for the elimination of any condition of reciprocity laid down in the abovementioned legislation with regard to compensation for occupational accidents, in accordance with the Convention. Please provide copies of any texts adopted in this regard.

With reference to the Committee’s previous comments, the Government states that it lacks the material and human resources to compile and process statistical data. The Committee notes the Government’s difficulties and hopes that it will be possible to overcome them in the near future and that the Government will be in a position in its future reports to provide the information requested under Part V of the report form.

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 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, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2). In its previous comments the Committee drew the Government’s attention to the provisions of section 14 of the Civil Code and section 3(1) of Legislative Decree No. 84/78 on compulsory occupational accident insurance. Under these provisions, foreign workers are not considered to be in the same position as nationals unless there is a reciprocal arrangement with their country of origin. In its last report the Government indicates that the law remains unchanged, but that a revision of Decree No. 84/78 is being envisaged and it will enable the legislation to be brought into conformity with the Convention. The Committee trusts that, in its next report, the Government will be able to indicate the adoption of measures for the elimination of any condition of reciprocity laid down in the abovementioned legislation with regard to compensation for occupational accidents, in accordance with the Convention. Please provide copies of any texts adopted in this regard.

With reference to the Committee’s previous comments, the Government states that it lacks the material and human resources to compile and process statistical data. The Committee notes the Government’s difficulties and hopes that it will be possible to overcome them in the near future and that the Government will be in a position in its future reports to provide the information requested under Part V of the report form.

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:

1. Article 2, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2). In its previous comments the Committee drew the Government’s attention to the provisions of section 14 of the Civil Code and section 3(1) of Legislative Decree No. 84/78 on compulsory occupational accident insurance. Under these provisions, foreign workers are not considered to be in the same position as nationals unless there is a reciprocal arrangement with their country of origin. In its last report the Government indicates that the law remains unchanged, but that a revision of Decree No. 84/78 is being envisaged and it will enable the legislation to be brought into conformity with the Convention. The Committee takes note of this information. It trusts that, in its next report, the Government will be able to indicate the adoption of measures for the elimination of any condition of reciprocity laid down in the abovementioned legislation with regard to compensation for occupational accidents, in accordance with the Convention. Please provide copies of any texts adopted in this regard.

2. With reference to the Committee’s previous comments, the Government states that it lacks the material and human resources to compile and process statistical data. The Committee notes the Government’s difficulties and hopes that it will be possible to overcome them in the near future and that the Government will be in a position in its future reports to provide the information requested under Part V of the report form.

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

1. Article 2, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2). In its previous comments the Committee drew the Government’s attention to the provisions of section 14 of the Civil Code and section 3(1) of Legislative Decree No. 84/78 on compulsory occupational accident insurance. Under these provisions, foreign workers are not considered to be in the same position as nationals unless there is a reciprocal arrangement with their country of origin. In its last report the Government indicates that the law remains unchanged, but that a revision of Decree No. 84/78 is being envisaged and it will enable the legislation to be brought into conformity with the Convention. The Committee takes note of this information. It trusts that, in its next report, the Government will be able to indicate the adoption of measures for the elimination of any condition of reciprocity laid down in the abovementioned legislation with regard to compensation for occupational accidents, in accordance with the Convention. Please provide copies of any texts adopted in this regard.

2. With reference to the Committee’s previous comments, the Government states that it lacks the material and human resources to compile and process statistical data. The Committee notes the Government’s difficulties and hopes that it will be possible to overcome them in the near future and that the Government will be in a position in its future reports to provide the information requested under Part V of the report form.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  Article 2, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2).  In its previous comments, the Committee drew the Government’s attention to the provisions of section 14 of the Civil Code and section 3, paragraph 1, of Legislative Decree No. 84/78 respecting compulsory occupational accident insurance, under which foreign workers are not considered to be in a similar situation to nationals unless there is a reciprocal arrangement with the country of which they are nationals. It also noted the Government’s intention to adopt the measures needed to bring this legislation into conformity with the Convention. The Committee notes that in its last report the Government provides no information on this matter. In these circumstances, it is bound to express once again the hope that the Government will be able in its next report to indicate the adoption of measures for the elimination of any condition of reciprocity laid down in the abovementioned legislation in the sphere of compensation for occupational accidents, in accordance with the Convention.

2.  The Committee notes the Government’s information to the effect that the statistical data requested under Part V of the report form is not available or has not been processed or obtained. In this context, the Committee hopes that once this statistical data has been processed and collected the Government will supply it with its future reports.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

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 comments:

1. Article 2, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2). With reference to its previous comments, the Committee notes with interest that under section 23 of the new Constitution promulgated on 4 September 1992 foreigners and stateless persons benefit in the national territory from the same rights, liberties and guarantees and are subject to the same obligations as nationals, with the exception of political rights and those reserved by the Constitution or the law to nationals. Therefore, the condition of reciprocity provided for by section 26 of the former Constitution has been repealed.

With regard to section 14 of the Civil Code and section 3, paragraph 1, of Legislative Decree No. 84/78 respecting compulsory occupational accident insurance, under which foreign workers are not considered to be in a similar situation to nationals unless there is a reciprocal arrangement with their respective country, the Committee also takes due note of the Government's intention to adopt the necessary measures in order to bring this legislation in line with the Convention. The Committee therefore once again hopes that these measures will be adopted soon so as to eliminate, in conformity with the Convention, all conditions of reciprocity in the field of compensation for occupational accidents established by the abovementioned legislation.

2. The Committee notes that the Government's report did not contain the statistical data requested under Part V of the report form approved by the Governing Body of the ILO. It therefore once again asks the Government to provide this information as soon as possible.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

With reference to its previous comments, the Committee notes that the Government's report did not contain the statistical data requested under point V of the report form approved by the Governing Body of the ILO. It therefore once again asks the Government to provide this information as soon as possible.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 2, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2). With reference to its previous comments, the Committee notes with interest that under section 23 of the new Constitution promulgated on 4 September 1992 foreigners and stateless persons benefit in the national territory from the same rights, liberties and guarantees and are subject to the same obligations as nationals, with the exception of political rights and those reserved by the Constitution or the law to nationals. Therefore, the condition of reciprocity provided for by section 26 of the former Constitution has been repealed.

With regard to section 14 of the Civil Code and section 3, paragraph 1, of Legislative Decree No. 84/78 respecting compulsory occupational accident insurance, under which foreign workers are not considered to be in a similar situation to nationals unless there is a reciprocal arrangement with their respective country, the Committee also takes due note of the Government's intention to adopt the necessary measures in order to bring this legislation in line with the Convention. The Committee therefore once again hopes that these measures will be adopted soon so as to eliminate, in conformity with the Convention, all conditions of reciprocity in the field of compensation for occupational accidents established by the above-mentioned legislation.

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

1. Article 2, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2). In its previous comments, the Committee drew the Government's attention to the fact that the exception contained in section 3, paragraph 1, of Legislative Decree No. 84/78 of 22 November 1978 respecting compulsory occupational accident insurance, under which foreign workers are not considered to be in a similar situation to nationals unless there is a reciprocal arrangement with the country of which they are nationals, is not authorised by Convention No. 17. In its reply, the Government notes once again that the condition of reciprocity referred to is also set out in section 26 of the Constitution of the Republic of Cape Verde and in section 14 of the Civil Code, but that, in practice, foreigners who work in Cape Verde enjoy the same rights as national workers provided that the former are nationals of countries in which reciprocal arrangements are in force. Furthermore, since Cape Verde has recently ratified Convention No. 19, which has been ratified by the great majority of member States of the ILO, it is unlikely that in practice a foreign worker will not be able to enjoy the same rights as national workers. The Committee notes this information. It wishes, however, to point out once again that any condition of reciprocity runs counter to the protection of the victims of occupational accidents guaranteed by Convention No. 17. Since, in practice, as the Government indicates, all workers, whether they are nationals or foreigners, enjoy the same rights in Cape Verde, the Committee considers that the Government will have no difficulty in eliminating the condition of reciprocity established by virtue of section 3, paragraph 1, of Legislative Decree No. 84/78. It requests the Government to indicate any progress achieved in this respect.

2. With reference to the statistical data requested under point V of the report form approved by the Governing Body of the ILO, the Committee notes once again that this data will be forwarded in due time.