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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.
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.
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.
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.
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.
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.
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.
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.