Labour Inspection Convention, 1947 (No. 81) - Cabo Verde (Ratification: 1979)

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

Articles 3(1)(a) and (b) and 13 of the Convention. Prevention and enforcement activities of the labour inspection services. The Committee notes that, in response to its previous comment on the preventive measures taken by the General Labour Inspectorate (IGT), the Government indicates that under the terms of section 16(1)(b) of the regulations of the IGT, established by Legislative Decree No. 55-2018 of 24 October, the IGT is responsible for ordering measures with immediate executory force in the event of imminent danger to the life, health or safety of workers. In this regard, the Committee notes that, in the construction sector, where most occupational accidents occur, in the event of a danger to the safety of workers, an order is given for the temporary suspension of activity and the employer is informed of the defects that must be remedied. The Committee also notes that the suspension measure is lifted once the employer has remedied these defects. The Committee requests the Government to provide information on the preventive measures taken in the event that the labour inspectorshave reasonable cause to believe that the defects observed in a workplace constitute a threat to the health or safety of the workers (Article 13(1)). The Committee also requests the Government to provide information on the number of preventivemeasures with immediate executory force taken in the event of imminent danger to the health or safety of the workers (Article 13(2)).

Articles 4, 10 and 11. Structure of the labour inspectorate. Human resources, material means and means of transport available to the needs of labour inspection. In response to the Committee’s previous comment, the Government indicates that the IGT is the central service of the State administration and that it is afforded administrative independence within the Ministry of Family, Inclusion and Social Development (MFIDS). The Government also indicates that the IGT has 19 inspectors, nine of whom are assigned to the central services on Santiago Island, five to the delegation on São Vicente Island and five to the delegation on Sal Island. The Government adds that the establishment of other regional delegations on the other islands is planned in accordance with the economic situation. The Committee notes this information and welcomes the increase in the number of labour inspectors since its last examination of the situation in 2016. The Committee requests the Government to continue to provide information on the number of labour inspectors and on the progress made towards the establishment of a regional labour inspection delegation on the islands which do not yet have one.

Article 17(2). Discretion of labour inspectors to give warning and advice or to institute or recommend proceedings. The Committee notes that, in response to its previous comment, the Government indicates that, in accordance with section 15 of the regulations of the IGT, labour inspectors can issue a report in case of an infringement to the rules they are entrusted to enforce. The Government indicates that under section 14(3) of the regulations of the IGT, within the framework of IGT training and guidance activities, and in compliance with IGT general guidelines, where the infringement detected has not yet caused irreparable damage to the worker, the labour inspector can, if deemed preferable, set a deadline to remedy this infringement. The Committee notes that the provisions of the regulations of the IGT adopted in 2018 thus leave to the discretion to the labour inspectors to give warnings and advice instead of instituting or recommending proceedings, in accordance with Article 17 of the Convention. The Committee notes this information, which responds to its previous request.

Article 18. Obstruction of labour inspectors in their duties. The Committee notes that the obstruction of labour inspectors in their duties is a criminal offence under Act No. 45/V/98 of 9 March, but that no cases of obstruction were reported in 2017-2018. The Committee notes this information, which responds to its previous request.

Articles 20 and 21. Publication and communication of an annual report containing statistical information on the activities of the labour inspection services. The Committee notes the information contained in the reports of the labour inspection services produced by the Government and welcomes the fact that statistics concerning the staff of the labour inspection service (Article 21(b)) are henceforth available. While the Committee notes that hospital departments are required to collect and report to the IGT data on occupational diseases that have been diagnosed, it nevertheless notes the absence of statistics on these diseases in the inspection reports (Article21(g)). Furthermore, the Committee notes the absence of statistics concerning all the workplaces liable to inspection and the number of workers employed therein (Article 21(c)). The Committee requests the Government to continue to provide the reports of the labour inspection services and to ensure that they contain information on all the subjects listed in Article 21, including statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)) and of occupational diseases (Article 21(g)).

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 3(1)(a) and (b), 13, 17 and 18 of the Convention. Prevention and enforcement activities of the labour inspection services. The Committee previously noted that section 14(1)(b) of the regulations of the General Labour Inspectorate (IGT) adopted by Legislative Decree No. 13/2012 entrusts the IGT with the responsibility for ordering measures with immediate executory force in the event of imminent danger to the life, health or safety of workers. In this regard, the Committee welcomes the information provided by the Government on the training of labour inspectors on the investigation of workplace accidents (including risk identification and analysis, types of action and approaches) which the Committee understands will improve the capacity of labour inspectors to recognize risks and take appropriate action. It also welcomes the information concerning the various other preventive activities undertaken by the labour inspectorate (such as the organization of awareness-raising activities, workshops and meetings). However, it notes that the Government has not provided the requested information on the adoption of measures with immediate force in the event of a perceived risk to the safety or health of workers.

The Committee also previously noted the activities undertaken by the labour inspectorate with a view to addressing the high number of infringements in the commerce and catering sectors and the high number of industrial accidents in the construction sector. The Committee notes that the Government has provided the requested information on further activities in this regard. The Committee also notes the Government’s assessment that, despite the violations identified, compliance with the law is increasing. The Committee once again requests that the Government provide information on the preventive measures taken by the IGT with a view to remedying defects observed which might constitute a threat to the health or safety of workers, including measures with immediate executory force.

Articles 4, 10 and 11. Structure of the labour inspectorate. Human resources, material means and means of transport available to the needs of labour inspection. The Committee previously noted the Government’s indication that the branch of the inspectorate located in Sal, whose jurisdiction covers the islands of Sal and Boa Vista, would become operational in the second half of 2012. The Committee understands from the information provided by the Government that this inspectorate has now become operational, but that under the new organizational structure of the IGT, as modified by the adoption of regulations of the IGT, some of the regional offices established are not yet functional. The Committee further notes the Government’s indication in response to its previous request that: (i) there are 14 labour inspectors, all of which conduct inspection visits; (ii) all labour inspectors have office equipment that includes, among other things, tables and desks, computers, telephones, photocopiers/printers, cameras and projectors; (iii) the IGT has four vehicles for inspections on the islands of Santiago and two vehicles for Sal and Sao Vicente; (iv) inspections on the other islands have been carried out using vehicles hired by the IGT; (v) all travelling expenses of labour inspectors, including for accommodation, are reimbursed. The Committee requests that the Government continue to provide information on the progress made with the operationalization of all regional offices of the IGT.

Article 5(a). Cooperation between the inspection services and other services and the carrying of firearms by labour inspectors. The Committee previously noted that, according to section 33 of the regulations of the IGT, labour inspectors are authorized to possess, carry and use a firearm, in accordance with the legislation applicable to police officers, without any authorization other than their official labour inspector’s pass. The Committee expressed its reservations regarding the opportunity of giving inspectors the right to carry firearms during the performance of their duties. While supporting the measures aimed at strengthening the authority and security of inspection staff, the Committee considered that the carrying of firearms should be strictly limited to exceptional cases and circumstances in which no other means are available.

In this regard, the Committee notes the Government’s explanation that section 33 of the regulations of the General Labour Inspectorate only exempts inspectors from the obligation to have a license to use and carry firearms. The Government further explains that labour inspectors receive an authorization from the Director of the National Police, who must verify on a case-by-case basis that all the requirements set out in the national legislation have been met (including the proficiency in the use of firearms, the certification by the National Police Training Centre, and the physical, mental and psychological capacity to use firearms as attested by a doctor’s certificate). The Government emphasizes that none of the IGT inspectors is authorized to possess, use or carry firearms while on duty.

Article 15. Scope of the obligation of professional secrecy. The Committee notes the Government’s reply in response to the Committee’s previous request concerning the consequences for labour inspectors that they may face in the event of their non-compliance with the obligation of secrecy, the obligation of confidentiality and the prohibition of personal interests.

Article 17. Discretion of labour inspectors to initiate prompt legal proceedings without previous warning. The Committee previously noted that, while labour inspectors have the power to issue infringement reports, they may only issue a compliance notice where the infringement consists of an irregularity which can be easily remedied and has not been immediately detrimental to the workers, the labour administration or the social security system (section 404(1) of the Labour Code). On the other hand, the Committee also noted that, under section 12(3) of the regulations of the IGT, where infringements are detected, labour inspectors must always issue a compliance notice establishing a deadline for corrective action to be taken and send the notice to the hierarchical superior. It further noted that, in the event of non-compliance with the deadline that has been fixed, the relevant infringement procedure applies, in conformity with section 13 of the regulations. In this context, the Committee recalled that, under the terms of Article 17(1) of the Convention, persons who violate or neglect to observe legal provisions shall be liable to prompt legal proceedings without previous warning. It also indicated that exceptions may be made by national laws or regulations in respect of cases in which previous notice to carry out remedial or preventive measures is to be given. It further recalled that, in conformity with Article 17(2) of the Convention, it shall be left to the discretion of labour inspectors to give warnings and advice instead of instituting or recommending proceedings.

The Committee notes that the Government has not provided the requested clarification on whether labour inspectors are in all cases required to issue a compliance notice and set a deadline to remedy any infringement detected before the infringement procedure may be initiated (section 12(3) of the regulations of the IGT), or whether the obligation of labour inspectors to issue a prior compliance notice only applies to the cases described in section 404(1) of the Labour Code (irregularity may be easily remedied, no immediate harm to workers, etc.). The Committee notes the Government’s commitment to take steps with a view to harmonizing the national legislation with Article 17(2) of the Convention. The Committee once again requests that the Government clarify the procedure to be followed by labour inspectors in cases of infringements of labour law provisions, and where applicable, to provide information on any measures taken to ensure that the national legislation is brought into conformity with Article 17(2) of the Convention.

Article 18. Obstruction of labour inspectors in their duties. The Committee observes that while statistics of the violations committed were reported by the Government as requested (including statistics on the areas where violations are most frequently identified), statistics on the obstruction of labour inspectors in their duties have not been provided by the Government. The Committee therefore once again requests that the Government send statistics of the violations committed with regard to the obstruction of labour inspectors in the performance of their duties (indicating the relevant legislative provisions), and the penalties imposed.

Articles 20 and 21. Publication and communication of an annual report containing statistical information on the activities of the labour inspection services. The Committee notes the Government’s indication that since 2011 annual reports on the activities of the labour inspection services have been prepared by the IGT, including information on: the number of labour inspections undertaken (Article 21(d)); violations identified; outcomes of inspections and non compliance proceedings initiated (Article 21(e)); as well as statistics on industrial accidents (Article 21(f)). The Government indicates that these reports have been published and submitted to the Office as part of so-called sectoral reports submitted annually to the International Labour Conference. The Committee notes that the 2013 and 2015 sectoral reports were received by the Office and contain a chapter on labour inspection with the indicated statistical information, but that they do not contain information on the staff of the labour inspection service (Article 21(b)), statistics of workplaces liable to inspection and the number of workers employed therein (Article 21(c)), and statistics of cases of occupational diseases (Article 21(g)). The Committee nevertheless welcomes that a register of enterprises and the workers employed therein is available at the IGT, which is attached to the Government’s report. In this regard, it also welcomes the Government’s indication that the IGT has organized its workplace inspections using the list of enterprises in the country published by the National Statistics Institute (INE) and its own register of enterprises. The Committee finally notes the information provided by the Government that the IGT still lacks an integrated system for the proper management and processing of statistical data, and that the IGT does not dispose of data on the accident and disease notifications received by the regional labour inspection offices. The Committee requests that the Government ensure that annual reports on the work of the labour inspection contain information on all the subjects enumerated in Article 21(a)–(g). In particular, as information on the staff of the labour inspection service (Article 21(b)) and statistics on workplaces liable to inspection and the number of workers employed therein (Article 21(c)) are available, the Committee requests that the Government include this information in the annual labour inspection reports. Noting the abovementioned difficulties as referred to by the Government (absence of an integrated data management system), the Committee once again reminds the Government of the possibility of availing itself of ILO technical assistance in this regard.

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

Articles 3(1)(a), 4, 7, 10, 11 and 21(b) and (c) of the Convention. Structure of the labour inspectorate and adaptation of the human resources, material means and means of transport available to the needs in the field of labour inspection. Referring to its previous comments, the Committee notes the Government’s indication that the branch of the inspectorate located in Sal, whose jurisdiction covers the islands of Sal (previously covered by the Sotavento branch) and Boa Vista (previously covered by the Barlavento branch), will become operational in the second half of 2102. It also notes that seven inspectors are operational in the Sotavento branch, another five in the Barlavento branch, and that seven persons divided between the two branches are performing administrative tasks and that labour inspectors have the use of three vehicles for their duty travel, with two assigned to the Sotavento branch and one assigned to the Barlavento branch.

The Committee further notes that, according to the information provided in the Government’s 2011 report relating to the Occupational Safety and Health Convention, 1981 (No. 155), the inspection team has just been reinforced with 13 inspectors, who have all received initial training. The Committee understands, according to the information provided by the Government, that it is also planned to establish three new inspection services. The Committee notes with interest that, according to section 16 of the new regulations of the General Labour Inspectorate, workplaces liable to inspection by the General Labour Inspectorate must send information, before the start of their operations, on the branch of activity, the address of the workplace concerned and the number of workers employed therein. The Committee requests the Government to send information with its next report on the number of workplaces liable to inspection and the number of workers employed therein. It also requests the Government to provide information on changes in the number of labour inspectors in service and to indicate how many of them undertake inspections in workplaces, and also their geographical distribution. The Committee further requests the Government to provide details of office equipment for the labour inspection services and on the reimbursement of labour inspectors for travel expenses incurred in the performance of their duties.

Article 3(2). Additional duties of labour inspectors. In its previous comments the Committee noted that, according to section 387(1) of the Labour Code, in the event of a dispute between an employer and a worker, the labour inspectorate attempts conciliation between the parties, and it asked the Government to indicate the measures taken to ensure that any conciliation or mediation duties undertaken by labour inspectors in the event of a dispute between an employer and a worker do not interfere with the discharge of their primary duties. The Committee also asked the Government to give details of the proportion of conciliation and mediation activities within the duties of inspection and provision of information to workers and employers during the period covered by the next report. The Government indicates that, further to a drafting error, the labour inspectorate was assigned conciliation and mediation duties under the terms of the abovementioned section. This error was corrected through the corresponding authorization issued in accordance with Act No. 60/VII/2010 of 19 April 2010. Consequently, the amended text should read that it is the Directorate-General of Labour, and not the labour inspectorate, which has responsibility for promoting conciliation between the parties.

Articles 3(1)(a) and (b), 16, 17 and 18. Prosecution and penalization of infringements. The Government indicates in its report that greater attention was given in 2011 to the education and guidance functions of the labour inspectorate, providing technical information and advice for employers and workers both inside and outside workplaces, in order to raise the awareness of the social partners with regard to the most effective manner of applying the legal provisions relating to the improvement of conditions of work and the elimination of risks likely to cause industrial accidents. The Committee further notes that the highest infringements in 2011 were found in the commerce and catering sectors. Persistent offences were also noted on the part of small commercial enterprises in relation to the obligation of registering workers with social security institutions and the payment of compulsory industrial accident insurance, and in relation to hours of work. The Committee requests the Government to provide statistics on the technical information and advice activities undertaken by the labour inspectorate during the period covered by its next report with regard to workplaces liable to inspection under the terms of the Convention, indicating the type of workplace, the subject dealt with, the location of the work, and also on inspections undertaken by the labour inspectorate in workplaces of the same type. It also requests the Government to provide separate information on inspections aimed at enforcing the abovementioned obligations and the application of the relevant provisions on social security and hours of work, indicating the infringements recorded and the measures taken by labour inspectors. The Committee also requests the Government to indicate whether other measures have been taken or are contemplated to take corrective action against the trend of non-compliance with the obligations relating to social security and hours of work in small commercial enterprises, as mentioned by the Government in its report.

The Committee notes that, under section 12(3) of the new regulations of the General Labour Inspectorate, with a view to providing education and guidance through the actions of the General Labour Inspectorate and in accordance with the general guidelines issued by the inspector-general of labour, where infringements are detected, the labour inspector must always issue a warning notice establishing a deadline for corrective action to be taken and send the notice to his hierarchical superior. In the event of non-compliance with the deadline that has been fixed, the relevant infringement procedure applies, in conformity with the regulations and the legislation (section 13 of the regulations). It further notes that, according to section 23 of the regulations, where inspectors in the performance of their duties confirm or observe directly or personally, even if not immediately, infringements of the legislation, the enforcement of which comes within the competence of the General Labour Inspectorate, they must establish an infringement report. However, the Committee notes that, according to section 404(1) of the Labour Code, labour inspectors may simply issue a warning indicating the infringement, the recommended measures and the deadline for implementing them in cases where the infringement consists of an irregularity which can be easily remedied and has not been immediately detrimental to the workers, the labour administration or the social security system.

The Committee recalls that, under the terms of Article 17(1) of the Convention, persons who violate or neglect to observe legal provisions shall be liable to prompt legal proceedings without previous warning. However, exceptions may be made by national laws or regulations in respect of cases in which previous notice to carry out remedial or preventive measures is to be given. The Committee also emphasizes, as it did in paragraph 282 of the 2006 General Survey on labour inspection, that violations may be the result of failure to understand the terms or scope of the applicable laws or regulations. Therefore the labour inspector must always have discretion to choose not to impose penalties as a means of enforcing legal provisions. Hence Article 17(2) of the Convention states that it shall be left to the discretion of labour inspectors to give warnings and advice instead of instituting or recommending proceedings. The Committee requests the Government to clarify the procedure to be followed in cases of infringements of the legal provisions whose enforcement is the responsibility of labour inspectors. It requests the Government to take steps to ensure that the national legislation in this field is harmonized and to keep the ILO informed of any developments in this respect.

Article 5(a) Cooperation between the inspection services and other services and the carrying of firearms by labour inspectors. The Committee notes that, according to section 33 of the new regulations of the General Labour Inspectorate, labour inspectors are authorized to possess, carry and use a firearm, in accordance with the legislation applicable to police officers, without any authorization other than their official labour inspector’s pass. The Committee also notes that section 31(2)(i) of the regulations establishes the right for labour inspectors to request the cooperation of the police where this proves necessary for the performance of their duties, particularly in cases where inspection activities are obstructed. The Committee emphasizes that measures which assist the safe performance of labour inspection functions should enable labour inspectors to continue to fully discharge their education and prevention role with regard to employers and workers, so as to enlist their support for the economic and social objectives of labour inspection. It wishes to express its reservations regarding the opportunity of giving inspectors the right to carry firearms during the performance of their duties, even if such a right is subordinated to the requisite technical capacity and psychological aptitude. The implementation of such a measure must be considered with extreme caution to prevent the inspection mission from being confused with the police function. While supporting the measures aimed at strengthening the authority and security of inspection staff, the Committee considers that the carrying of firearms should be strictly limited to exceptional cases and circumstances in which no other means are available. The Committee requests the Government to explain the reasons that might justify such a provision. It also requests the Government to indicate the number of inspectors concerned and to provide information on the cases in which they might have been obliged to make use of firearms.

Article 13. Prevention in terms of occupational safety and health in high-risk activities. As regards occupational safety and health, the Committee notes that section 14(1)(b) of the new regulations of the General Labour Inspectorate provides that the General Labour Inspectorate is responsible for ordering measures with immediate executory force in the event of imminent danger to the life, health or safety of the workers. These measures should be the subject of a report from the labour inspector concerned, and this must be sent as a matter of urgency to the hierarchical superior for confirmation (section 14(3) of the regulations). The Committee requests the Government to provide information on the measures taken pursuant to section 14(3) of the abovementioned regulations and to send a copy of any relevant legislative texts to the ILO.

The Committee notes the information to the effect that 71 per cent of the 202 industrial accidents recorded in 2011 occurred in the construction sector, 18.81 per cent in industry and 18.32 per cent in the metallurgical industry. It further notes the Government’s indication that the General Labour Inspectorate has established partnerships and undertaken collaboration useful for the prevention of risks in the construction sector. The Committee notes in particular that a protocol was signed with the Cape Verde Association of Construction Companies (ACEC) with a view to implementing training activities for promoting occupational safety, hygiene and health in the sector and equipping technicians with skills in that field. The Government indicates that a five-day training course was given to members of ACEC. It also declares that training activities were held for members of the two municipal councils of the island of São Nicolau. The Committee further notes that, under the terms of section 396(2) of the Labour Code, the General Labour Inspectorate must exercise particular vigilance with regard to activities in which industrial accidents are more frequent or more serious. The Committee requests the Government to provide statistics on industrial accidents and cases of occupational disease occurring in the construction sector during the period covered by the Government’s next report, and on inspections conducted in workplaces in the sector targeting occupational safety and health conditions, and the results thereof, including any measures with immediate executory force ordered by labour inspectors. The Committee also requests the Government to provide information on the impact of actions implemented in partnership with the ACEC on the stated objective, and on any other measures taken or contemplated pursuant to section 396(2) of the Labour Code.

Articles 18 and 21(e). Adequate and effectively enforced penalties for the obstruction of labour inspectors. The Committee recalls that, under the terms of Article 18 of the Convention, adequate penalties for violations of the legal provisions enforceable by labour inspectors and for obstructing labour inspectors in the performance of their duties must be provided for by national laws or regulations and effectively enforced. The Committee notes that penalties for violations of the provisions of the Labour Code are established by sections 405–415 of that Code. It also notes that penalties for infringements which are not specifically covered by other provisions are established by section 27 of the new regulations of the General Labour Inspectorate. The Committee requests the Government to send with its next report statistics of the violations committed during the period covered by that report, including with regard to the obstruction of labour inspectors in the performance of their duties (indicating the relevant legislative provisions), and the penalties imposed.

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

Legislation. The Committee notes that new regulations for the labour inspectorate-general, which give effect to certain provisions of the Convention, were adopted by Legislative Decree No. 13/2012 of 26 January 2012.

Article 14 of the Convention. Notification to the labour inspectorate of cases of occupational disease. The Committee notes with satisfaction that section 17(1) of the new regulations of the labour inspectorate-general establishes the obligation to notify the competent regional delegation for labour inspection of fatal cases of occupational disease. This notification, as for fatal industrial accidents, must be made by the employer within 24 hours. It also notes that, according to section 18 of the same regulations, the employer is obliged to gather, collate and communicate to the labour inspectorate-general within ten days after the end of the relevant three-month period, quarterly data concerning diagnosed cases of occupational disease, and also industrial accidents which result in incapacity for work of more than one day. These data must be accompanied by an indication of the date and location of the accident or of the origin of the disease, its cause, the nature and extent of the injury, and the number of days of incapacity. The Committee requests the Government to send any legislative text adopted pursuant to the provisions of the abovementioned section 17, and also statistics of industrial accidents and cases of occupational disease communicated to the various regional labour inspection branches during the period covered by the Government’s next report, pursuant to the legislation in force.

Article 15. Scope of the obligation of professional secrecy. The Committee notes with satisfaction that section 34(1) of the new regulations of the labour inspectorate-general extends the obligation of professional secrecy that applies to labour inspectors beyond the end of their activity. The Committee requests the Government to indicate what would be the consequences for labour inspectors of non-compliance with the obligation of secrecy and also the obligation of confidentiality and the prohibition on personal interests prescribed by sections 34 and 35, respectively, of the new regulations, and to send copies, if applicable, of any relevant legislative texts.

Articles 20 and 21. Publication and communication of an annual report. The Government indicates in its report that, in view of the inadequacy of human resources and material means for the collection and processing of statistical information, the labour administration is still not in a position to collect and process statistical data. However, the Committee notes the internal annual report for 2011, copies of which have been made available to the social partners and the Office. This report contains information on the number of inspectors per branch; the number of inspections undertaken by the various inspection branches and by sector of activity; the number of compliance orders issued and the number of prosecutions initiated by branch office; the type of infringements reported; the number of requests for action submitted and the infringements to which they relate; the number of procedures initiated per infringement; the number of procedures concluded; the number of procedures referred to the court, the number of procedures archived, and the number of procedures per infringement in progress; and the number of industrial accidents and the percentage of accidents per sector of activity. The Committee invites the Government to refer to the guidance given in Part IV of Recommendation No. 81 concerning the manner in which the information required by Article 21 may be presented in the annual report to serve as a basis for evaluating the operation of the labour inspectorate and the level of application of the legislation under its supervision, and also the adoption of the necessary measures for its improvement. It also reminds the Government of the possibility of availing itself of technical assistance from the ILO in order to establish the necessary conditions for the preparation of an annual report, its publication and the communication thereof to the ILO, in accordance with Article 20, and the inclusion of the information required by Article 21 in such a report. The Committee requests the Government to provide in its next report information on the formal steps it might have taken in this respect.

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

Article 10 of the Convention. Structure and human and material sources of the labour inspectorate. The Committee notes that, according to the Government, the labour inspection system is to be strengthened by the opening of a third branch, located on Sal, to cover the islands of Sal and Boa Vista. The inspectorate staff is composed of seven labour inspectors. The Committee notes with interest that they have received special training, particularly in the area of civil construction, and that their numbers should shortly be increased by a further 13 inspectors, five of whom are already in initial training. Furthermore, the acquisition of a third vehicle in 2010 should facilitate visits to the establishments and workplaces liable to inspection.

However, in the absence of any information on inspection activities and their results, the Committee is not in a position to ascertain the extent to which the Convention is applied. It reminds the Government that the effectiveness of labour inspection depends largely on the commitment of the public authorities to the effective implementation of measures to attract and retain a sufficient number of qualified and motivated staff (General Survey of 2006, paragraph 173), but also on the availability of the resources inspectors need in order to perform their duties (General Survey of 2006, paragraph 238). The Committee requests the Government to continue to provide information on developments in the size and qualifications of the labour inspectorate staff, the resources and transport facilities made available to them and also on progress in the project to open up a third branch of the labour inspectorate, and on the practical impact of the structural and material measures implemented to strengthen the inspection system.

The Government is asked to provide information on the specific impact that the training of inspectors has had on the construction sector in terms of reducing the number of industrial accidents and instances of occupational disease.

Article 3(2). Additional duties of labour inspectors. The Government states that the Labour Code adopted in 2007 makes no change to the duties of labour inspection and does not expressly assign conciliation and mediation duties to labour inspectors. However, the Committee notes that, in accordance with section 387(1) of the Labour Code, in the event of a dispute between an employer and a worker, the labour inspectorate attempts conciliation between the parties. The Committee points out that, under Paragraph 8 of the Labour Inspection Recommendation, 1947 (No. 81), the functions of labour inspectors should not include that of acting as conciliator or arbitrator in labour disputes, and emphasizes that the primary role of labour inspection is to ensure observance of the legal provisions governing working conditions and the protection of workers while engaged in their work, and that, under the terms of Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties or to prejudice in any way the authority and impartiality which are necessary to inspectors in their relations with employers and workers. The Committee requests the Government to indicate the measures taken to ensure that any conciliation or mediation duties undertaken by labour inspectors in the event of a dispute between an employer and a worker do not interfere with the discharge of their primary duties. In support of its reply, the Government is asked to provide information showing the ratio of conciliation and mediation activities to the duties of inspection and of informing workers and employers, during the period covered by the next report.

Article 14. Notification of cases of occupational disease. The Committee notes that pursuant to section 7(2) of Decree No. 90/97 of 31 December 1997, labour inspectors are notified of industrial accidents involving leave from work of more than three days but that, contrary to Article 14 of the Convention, they are not informed of cases of occupational disease. In replying in its previous report to comments made by the Commercial, Industrial and Agricultural Association of Barlavento (ACIAB) to the effect that cases of occupational disease should, like industrial accidents, be notified to the labour inspectorate, the Government indicated in its previous report that the legislation would be supplemented to this end in the context of the adoption of the new Labour Code. However, according to the information supplied in its latest report, there has been no change in the rules on the notification of industrial accidents and cases of occupational disease to the labour inspectorate, but that the matter is under examination. The Committee asks the Government to ensure that legislative or regulatory measures are taken promptly to ensure that, in accordance with Article 14, information on cases of occupational disease, like that on industrial accidents, is sent to the labour inspectorate. The Government is asked to report on this matter, providing any relevant documents.

Article 15(a). Professional secrecy. The Committee notes that an amendment is being prepared to the provisions binding labour inspectors to professional secrecy both while they are serving and after they have left the service. It requests the Government to state in its next report whether the planned amendment has been adopted and, if so, to provide a copy of it. If not, the Government is asked to take measures promptly to secure such an amendment and to keep the Office informed.

Articles 20 and 21. Publication and communication to the ILO of an annual report. The Committee once again notes that, despite the Government’s undertaking to ensure that an annual inspection report is published shortly, no such report has been received by the Office. The Committee invites the Government to refer, in this connection, to paragraphs 320–328 of its General Survey of 2006 on labour inspection, and asks the Government to take the necessary steps to produce such a report, to seek technical assistance from the Office if necessary, and to provide information on any progress made or any difficulties encountered.

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

The Committee notes once again with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

The Committee notes the Government’s report for the period ending 1 September 2005 and the elements of information that it contains in reply to its previous comments, 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 Confederation (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL), which were forwarded by the Government. It requests the Government to provide detailed information in its next report on the following points.

Means of action of the labour inspectorate. The Committee notes that, in the view of the CCSL, the labour inspectorate is not functional due to the lack of material and human resources. The low number of inspectors means that it is not possible to exercise effective supervision in all the islands of the country and travel by inspectors is infrequent due to the lack of transport facilities. In this respect, the UNTC–CS considers that the Government should allocate greater resources to ensure effective labour inspection. The Government indicates that it is planning to take measures to establish new inspection services in islands where employment has grown the most over recent years. The Committee also notes that the Government is proposing to organize the recruitment by competition of new labour inspectors and their training in the near future with the support of Brazilian cooperation. The Committee requests the Government to continue providing detailed information on any further measures taken to ensure that inspectors are sufficient in number to secure the effective discharge of their duties (Article 10 of the Convention), that they have the necessary material resources and transport facilities (Article 11) and receive adequate initial and further training (Article 7).

Functions and duties of inspectors. The Committee notes the Government’s indication in its report that new mediation and conciliation functions are to be attributed to labour inspectors by the draft Labour Code that is currently being adopted. It also notes that the Government plans to revise the general conditions of service of the labour inspectorate. With reference to its previous comments, the Committee is confident that the Government will ensure that the new functions which may be entrusted to labour inspectors are not such as to interfere with the effective discharge of their primary duties (Article 3(2)). Furthermore, the Committee notes the Government’s assurances that the revision of the general conditions of service of the labour inspectorate will take into account the need for provisions prohibiting inspectors from revealing, even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties, in accordance with Article 15(b) of the Convention.

Notification of cases of occupational disease. The Committee notes the view of the ACIAB that it is important for the labour inspectorate to be notified not only of industrial accidents, but also of cases of occupational disease so that it can compile statistics on occupational risks, take preventive action and ensure the appropriate coverage of the victims. The Committee notes that, in reply to its previous comments on this subject, the Government provides assurances that account will be taken, in the context of the adoption of the new Labour Code, of the need to supplement the legislation so that it establishes the obligation to notify the labour inspectorate of cases of occupational disease, in accordance with Article 14 of the Convention.

Publication of an annual report. The Committee notes the reports from the various inspection offices of the inspections carried out during the years 1999 to 2005, which were transmitted by the Government with its report. The Committee observes that these are reports submitted to the central inspection authority, in accordance with Article 19 of the Convention; they cannot replace the annual report which, under the terms of Article 20 of the Convention, has to be published by the central inspection authority and transmitted to the ILO within a reasonable period. With reference to the comments that it has been making for many years on this subject, the Committee trusts that the Government will take the necessary measures in the near future to ensure that an annual report on the matters set out in Article 21 of the Convention is published within the required time limits.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation on the following points:

The Committee notes the Government’s report for the period ending 1 September 2005 and the elements of information that it contains in reply to its previous comments, 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 Confederation (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL), which were forwarded by the Government. It requests the Government to provide detailed information in its next report on the following points.

1. Means of action of the labour inspectorate. The Committee notes that, in the view of the CCSL, the labour inspectorate is not functional due to the lack of material and human resources. The low number of inspectors means that it is not possible to exercise effective supervision in all the islands of the country and travel by inspectors is infrequent due to the lack of transport facilities. In this respect, the UNTC–CS considers that the Government should allocate greater resources to ensure effective labour inspection. The Government indicates that it is planning to take measures to establish new inspection services in islands where employment has grown the most over recent years. The Committee also notes that the Government is proposing to organize the recruitment by competition of new labour inspectors and their training in the near future with the support of Brazilian cooperation. The Committee requests the Government to continue providing detailed information on any further measures taken to ensure that inspectors are sufficient in number to secure the effective discharge of their duties (Article 10 of the Convention), that they have the necessary material resources and transport facilities (Article 11) and receive adequate initial and further training (Article 7).

2. Functions and duties of inspectors. The Committee notes the Government’s indication in its report that new mediation and conciliation functions are to be attributed to labour inspectors by the draft Labour Code that is currently being adopted. It also notes that the Government plans to revise the general conditions of service of the labour inspectorate. With reference to its previous comments, the Committee is confident that the Government will ensure that the new functions which may be entrusted to labour inspectors are not such as to interfere with the effective discharge of their primary duties (Article 3, paragraph 2). Furthermore, the Committee notes the Government’s assurances that the revision of the general conditions of service of the labour inspectorate will take into account the need for provisions prohibiting inspectors from revealing, even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties, in accordance with Article 15(b) of the Convention.

3. Notification of cases of occupational disease. The Committee notes the view of the ACIAB that it is important for the labour inspectorate to be notified not only of industrial accidents, but also of cases of occupational disease so that it can compile statistics on occupational risks, take preventive action and ensure the appropriate coverage of the victims. The Committee notes that, in reply to its previous comments on this subject, the Government provides assurances that account will be taken, in the context of the adoption of the new Labour Code, of the need to supplement the legislation so that it establishes the obligation to notify the labour inspectorate of cases of occupational disease, in accordance with Article 14 of the Convention.

4. Publication of an annual report. The Committee notes the reports from the various inspection offices of the inspections carried out during the years 1999 to 2005, which were transmitted by the Government with its report. The Committee observes that these are reports submitted to the central inspection authority, in accordance with Article 19 of the Convention; they cannot replace the annual report which, under the terms of Article 20 of the Convention, has to be published by the central inspection authority and transmitted to the ILO within a reasonable period. With reference to the comments that it has been making for many years on this subject, the Committee trusts that the Government will take the necessary measures in the near future to ensure that an annual report on the matters set out in Article 21 of the Convention is published within the required time limits.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s report for the period ending 1 September 2005 and the elements of information that it contains in reply to its previous comments, 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 Confederation (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL), which were forwarded by the Government. It requests the Government to provide detailed information in its next report on the following points.

1. Means of action of the labour inspectorate. The Committee notes that, in the view of the CCSL, the labour inspectorate is not functional due to the lack of material and human resources. The low number of inspectors means that it is not possible to exercise effective supervision in all the islands of the country and travel by inspectors is infrequent due to the lack of transport facilities. In this respect, the UNTC–CS considers that the Government should allocate greater resources to ensure effective labour inspection. The Government indicates that it is planning to take measures to establish new inspection services in islands where employment has grown the most over recent years. The Committee also notes that the Government is proposing to organize the recruitment by competition of new labour inspectors and their training in the near future with the support of Brazilian cooperation. The Committee requests the Government to continue providing detailed information on any further measures taken to ensure that inspectors are sufficient in number to secure the effective discharge of their duties (Article 10 of the Convention), that they have the necessary material resources and transport facilities (Article 11) and receive adequate initial and further training (Article 7).

2. Functions and duties of inspectors. The Committee notes the Government’s indication in its report that new mediation and conciliation functions are to be attributed to labour inspectors by the draft Labour Code that is currently being adopted. It also notes that the Government plans to revise the general conditions of service of the labour inspectorate. With reference to its previous comments, the Committee is confident that the Government will ensure that the new functions which may be entrusted to labour inspectors are not such as to interfere with the effective discharge of their primary duties (Article 3, paragraph 2). Furthermore, the Committee notes the Government’s assurances that the revision of the general conditions of service of the labour inspectorate will take into account the need for provisions prohibiting inspectors from revealing, even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties, in accordance with Article 15(b) of the Convention.

3. Notification of cases of occupational disease. The Committee notes the view of the ACIAB that it is important for the labour inspectorate to be notified not only of industrial accidents, but also of cases of occupational disease so that it can compile statistics on occupational risks, take preventive action and ensure the appropriate coverage of the victims. The Committee notes that, in reply to its previous comments on this subject, the Government provides assurances that account will be taken, in the context of the adoption of the new Labour Code, of the need to supplement the legislation so that it establishes the obligation to notify the labour inspectorate of cases of occupational disease, in accordance with Article 14 of the Convention.

4. Publication of an annual report. The Committee notes the reports from the various inspection offices of the inspections carried out during the years 1999 to 2005, which were transmitted by the Government with its report. The Committee observes that these are reports submitted to the central inspection authority, in accordance with Article 19 of the Convention; they cannot replace the annual report which, under the terms of Article 20 of the Convention, has to be published by the central inspection authority and transmitted to the ILO within a reasonable period. With reference to the comments that it has been making for many years on this subject, the Committee trusts that the Government will take the necessary measures in the near future to ensure that an annual report on the matters set out in Article 21 of the Convention is published within the required time limits.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

The Committee notes the Government’s report for the period ending 1 September 2005 and the elements of information that it contains in reply to its previous comments, 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 Confederation (UNTC-CS) and the Cape Verde Confederation of Free Trade Unions (CCSL), which were forwarded by the Government. It requests the Government to provide detailed information in its next report on the following points.

1. Means of action of the labour inspectorate. The Committee notes that, in the view of the CCSL, the labour inspectorate is not functional due to the lack of material and human resources. The low number of inspectors means that it is not possible to exercise effective supervision in all the islands of the country and travel by inspectors is infrequent due to the lack of transport facilities. In this respect, the UNTC-CS considers that the Government should allocate greater resources to ensure effective labour inspection. The Government indicates that it is planning to take measures to establish new inspection services in islands where employment has grown the most over recent years. The Committee also notes that the Government is proposing to organize the recruitment by competition of new labour inspectors and their training in the near future with the support of Brazilian cooperation. The Committee requests the Government to continue providing detailed information on any further measures taken to ensure that inspectors are sufficient in number to secure the effective discharge of their duties (Article 10 of the Convention), that they have the necessary material resources and transport facilities (Article 11) and receive adequate initial and further training (Article 7).

2. Functions and duties of inspectors. The Committee notes the Government’s indication in its report that new mediation and conciliation functions are to be attributed to labour inspectors by the draft Labour Code that is currently being adopted. It also notes that the Government plans to revise the general conditions of service of the labour inspectorate. With reference to its previous comments, the Committee is confident that the Government will ensure that the new functions which may be entrusted to labour inspectors are not such as to interfere with the effective discharge of their primary duties (Article 3, paragraph 2). Furthermore, the Committee notes the Government’s assurances that the revision of the general conditions of service of the labour inspectorate will take into account the need for provisions prohibiting inspectors from revealing, even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties, in accordance with Article 15(b) of the Convention.

3. Notification of cases of occupational disease. The Committee notes the view of the ACIAB that it is important for the labour inspectorate to be notified not only of industrial accidents, but also of cases of occupational disease so that it can compile statistics on occupational risks, take preventive action and ensure the appropriate coverage of the victims. The Committee notes that, in reply to its previous comments on this subject, the Government provides assurances that account will be taken, in the context of the adoption of the new Labour Code, of the need to supplement the legislation so that it establishes the obligation to notify the labour inspectorate of cases of occupational disease, in accordance with Article 14 of the Convention.

4. Publication of an annual report. The Committee notes the reports from the various inspection offices of the inspections carried out during the years 1999 to 2005, which were transmitted by the Government with its report. The Committee observes that these are reports submitted to the central inspection authority, in accordance with Article 19 of the Convention; they cannot replace the annual report which, under the terms of Article 20 of the Convention, has to be published by the central inspection authority and transmitted to the ILO within a reasonable period. With reference to the comments that it has been making for many years on this subject, the Committee trusts that the Government will take the necessary measures in the near future to ensure that an annual report on the matters set out in Article 21 of the Convention is published within the required time limits.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes the Government’s report for the period ending 1 September 2005 and the elements of information that it contains in reply to its previous comments, 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 Confederation (UNTC-CS) and the Cape Verde Confederation of Free Trade Unions (CCSL), which were forwarded by the Government. It requests the Government to provide detailed information in its next report on the following points.

1. Means of action of the labour inspectorate. The Committee notes that, in the view of the CCSL, the labour inspectorate is not functional due to the lack of material and human resources. The low number of inspectors means that it is not possible to exercise effective supervision in all the islands of the country and travel by inspectors is infrequent due to the lack of transport facilities. In this respect, the UNTC-CS considers that the Government should allocate greater resources to ensure effective labour inspection. The Government indicates that it is planning to take measures to establish new inspection services in islands where employment has grown the most over recent years. The Committee also notes that the Government is proposing to organize the recruitment by competition of new labour inspectors and their training in the near future with the support of Brazilian cooperation. The Committee requests the Government to continue providing detailed information on any further measures taken to ensure that inspectors are sufficient in number to secure the effective discharge of their duties (Article 10 of the Convention), that they have the necessary material resources and transport facilities (Article 11) and receive adequate initial and further training (Article 7).

2. Functions and duties of inspectors. The Committee notes the Government’s indication in its report that new mediation and conciliation functions are to be attributed to labour inspectors by the draft Labour Code that is currently being adopted. It also notes that the Government plans to revise the general conditions of service of the labour inspectorate. With reference to its previous comments, the Committee is confident that the Government will ensure that the new functions which may be entrusted to labour inspectors are not such as to interfere with the effective discharge of their primary duties (Article 3, paragraph 2). Furthermore, the Committee notes the Government’s assurances that the revision of the general conditions of service of the labour inspectorate will take into account the need for provisions prohibiting inspectors from revealing, even after leaving the service, any manufacturing or commercial secrets or working processes which may come to their knowledge in the course of their duties, in accordance with Article 15(b) of the Convention.

3. Notification of cases of occupational disease. The Committee notes the view of the ACIAB that it is important for the labour inspectorate to be notified not only of industrial accidents, but also of cases of occupational disease so that it can compile statistics on occupational risks, take preventive action and ensure the appropriate coverage of the victims. The Committee notes that, in reply to its previous comments on this subject, the Government provides assurances that account will be taken, in the context of the adoption of the new Labour Code, of the need to supplement the legislation so that it establishes the obligation to notify the labour inspectorate of cases of occupational disease, in accordance with Article 14 of the Convention.

4. Publication of an annual report. The Committee notes the reports from the various inspection offices of the inspections carried out during the years 1999 to 2005, which were transmitted by the Government with its report. The Committee observes that these are reports submitted to the central inspection authority, in accordance with Article 19 of the Convention; they cannot replace the annual report which, under the terms of Article 20 of the Convention, has to be published by the central inspection authority and transmitted to the ILO within a reasonable period. With reference to the comments that it has been making for many years on this subject, the Committee trusts that the Government will take the necessary measures in the near future to ensure that an annual report on the matters set out in Article 21 of the Convention is published within the required time limits.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous direct request, which read as follows:

The Committee refers to its observation on this Convention, and requests the Government to provide additional information on the following points.

Article 3 of the Convention. The Committee notes with interest that, under section 1(a) to (g) of the new Statute of the General Labour Inspectorate, 1997, the General Labour Inspectorate is responsible for performing the main functions defined in Article 3, paragraph 1, of the Convention. It notes however that, under (h) of the same provision, labour inspectors may perform other functions defined by the law. The Government is asked to provide information on the nature and volume of the other duties that may be conferred on labour inspectors and to indicate the manner in which it will be ensured that such duties will not obstruct the performance of their main duties or impair the authority and impartiality they need in their relations with employers and workers.

Article 5(a). The Government is asked to provide copies of the cooperation agreements to be signed between the General Labour Inspectorate and the civilian governments of the islands of Fogo, Brava, Saint Vincent and Saint Nicolau.

Article 7, paragraph 3. The Committee notes with interest the information on the training for labour inspectors provided by Portuguese specialists in the course of 2000. It would be grateful if the Government would provide further particulars including the number of inspectors involved in such training and the areas covered by the training, together with similar information on the training to take place this year in the areas of health, safety at work and the procedure for prosecuting offences.

Article 8. The Committee would be grateful if the Government would indicate whether special duties are assigned, as this provision allows, to the two women on the staff of the labour inspectorate.

Articles 10, 11 and 16. The Committee notes the geographical distribution of labour inspection services and their staff and that the main obstacles to the development of these services are insufficient financial resources and the absence of qualified management staff on the labour market. The Committee wishes to emphasize in this connection, as it did in paragraph 214 of its General Survey of 1985 on labour inspection, the economic and social value of labour inspection and the social cost of reducing its effectiveness. It draws the Government’s attention to the need to allocate to the labour inspectorate a proportion of the national budget commensurate with its objectives. In estimating requirements in human material resources, account should be taken of the various branches of economic activity, the number of enterprises, their geographical distribution and the number of workers they employ, and available communications and public and private means of transport. Noting the information on the labour inspectorate’s vehicle stock and that the General Labour Directorate provides transport for inspectors whose work takes them outside their allotted area, the Committee wishes to stress particularly the need for labour inspectors to have transport facilities in keeping with their real needs so that they can inspect workplaces as thoroughly and as frequently as Article 16 requires. It hopes that the Government will take all appropriate steps to improve and develop the resources needed by the labour inspectorate, to report on progress or on any difficulties encountered and to supply regular information on the staff, activities and means of transport of the inspection services.

Article 14. Recalling that under this provision, the labour inspectorate must be informed not only of industrial accidents but also of cases of occupational disease, and noting that section 7(1) and (2) of Legislative Decree No. 90-97 requires notification only in the case of occupational accident, the Committee asks the Government to take the necessary measures for appropriate amendments to be made to the legislation and to inform the ILO of the implementation of these measures and their results.

Article 15. The Committee notes with concern that although section 25 of the new General Statute of the Labour Inspectorate is still consistent with (a) and (c) of this Article of the Convention as concerns incompatibility between inspectors’ duties and conflicting interests and as regards the principle of confidentiality as to the source of complaints, section 24, as it is now worded, no longer refers to the prohibition imposed by (b) on revealing, even after leaving the service, any manufacturing or commercial secrets or working processes which may have come to their knowledge in the course of their duties. In the Committee’s view, the absence of this prohibition amounts to a step backwards in comparison with former section 25(1). It therefore asks the Government to take the necessary measures to reintroduce this important principle into the legislation, since it is essential to the relationship of trust which must prevail between employers and labour inspectors.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s report and the partial information provided in reply to its previous comments. It also notes Legislative Decree No. 90/97 of 31 December 1997 approving the new conditions of service of the general labour inspectorate, and Legislative Decree No. 55/99 of 6 September 1999 respecting safety and health conditions at the workplace. The Committee draws the Government’s attention to the following point.

Publication and transmission of an annual inspection report (Articles 20 and 21 of the Convention). Noting once again the failure to apply these provisions of the Convention, and with reference to the Government’s statement that an annual inspection report is currently being prepared, the Committee wishes to emphasize the need to publish an annual inspection report, as set out in the provisions of the Convention. The objective of such publication is to enable employers and workers and their representative organizations, as well as any other interested party, to be informed of the means, activities and effectiveness of the inspection services, as well as the difficulties that they may encounter in their duties and to seek their reactions for constructive purposes. The annual publication of practical and detailed information, in accordance with the guidance provided in Paragraph 9 of Recommendation No. 81 which supplements the Convention, on each of the matters set out in points (a) to (g) of Article 21, and their transmission to the ILO within the time limits prescribed in Article 20, would also enable the international supervisory bodies to evaluate the level of application of the Convention and provide useful guidance for its improvement. The Committee trusts that the Government will make every effort to give effect to these two essential Articles of the Convention and will not fail to provide relevant information with its next report.

The Committee is addressing a request directly to the Government on other points.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee refers to its observation on this Convention, and requests the Government to provide additional information on the following points.

Article 3 of the Convention. The Committee notes with interest that, under section 1(a) to (g) of the new Statute of the General Labour Inspectorate, 1997, the General Labour Inspectorate is responsible for performing the main functions defined in Article 3, paragraph 1, of the Convention. It notes however that, under (h) of the same provision, labour inspectors may perform other functions defined by the law. The Government is asked to provide information on the nature and volume of the other duties that may be conferred on labour inspectors and to indicate the manner in which it will be ensured that such duties will not obstruct the performance of their main duties or impair the authority and impartiality they need in their relations with employers and workers.

Article 5(a). The Government is asked to provide copies of the cooperation agreements to be signed between the General Labour Inspectorate and the civilian governments of the islands of Fogo, Brava, Saint Vincent and Saint Nicolau.

Article 7, paragraph 3. The Committee notes with interest the information on the training for labour inspectors provided by Portuguese specialists in the course of 2000. It would be grateful if the Government would provide further particulars including the number of inspectors involved in such training and the areas covered by the training, together with similar information on the training to take place this year in the areas of health, safety at work and the procedure for prosecuting offences.

Article 8. The Committee would be grateful if the Government would indicate whether special duties are assigned, as this provision allows, to the two women on the staff of the labour inspectorate.

Articles 10, 11 and 16. The Committee notes the geographical distribution of labour inspection services and their staff and that the main obstacles to the development of these services are insufficient financial resources and the absence of qualified management staff on the labour market. The Committee wishes to emphasize in this connection, as it did in paragraph 214 of its General Survey of 1985 on labour inspection, the economic and social value of labour inspection and the social cost of reducing its effectiveness. It draws the Government’s attention to the need to allocate to the labour inspectorate a proportion of the national budget commensurate with its objectives. In estimating requirements in human material resources, account should be taken of the various branches of economic activity, the number of enterprises, their geographical distribution and the number of workers they employ, and available communications and public and private means of transport. Noting the information on the labour inspectorate’s vehicle stock and that the General Labour Directorate provides transport for inspectors whose work takes them outside their allotted area, the Committee wishes to stress particularly the need for labour inspectors to have transport facilities in keeping with their real needs so that they can inspect workplaces as thoroughly and as frequently as Article 16 requires. It hopes that the Government will take all appropriate steps to improve and develop the resources needed by the labour inspectorate, to report on progress or on any difficulties encountered and to supply regular information on the staff, activities and means of transport of the inspection services.

Article 14. Recalling that under this provision, the labour inspectorate must be informed not only of industrial accidents but also of cases of occupational disease, and noting that section 7(1) and (2) of Legislative Decree No. 90-97 requires notification only in the case of occupational accident, the Committee asks the Government to take the necessary measures for appropriate amendments to be made to the legislation and to inform the ILO of the implementation of these measures and their results.

Article 15. The Committee notes with concern that although section 25 of the new General Statute of the Labour Inspectorate is still consistent with (a) and (c) of this Article of the Convention as concerns incompatibility between inspectors’ duties and conflicting interests and as regards the principle of confidentiality as to the source of complaints, section 24, as it is now worded, no longer refers to the prohibition imposed by (b) on revealing, even after leaving the service, any manufacturing or commercial secrets or working processes which may have come to their knowledge in the course of their duties. In the Committee’s view, the absence of this prohibition amounts to a step backwards in comparison with former section 25(1). It therefore asks the Government to take the necessary measures to reintroduce this important principle into the legislation, since it is essential to the relationship of trust which must prevail between employers and labour inspectors.

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

The Committee notes the Government’s report and the partial information provided in reply to its previous comments. It also notes Legislative Decree No. 90/97 of 31 December 1997 approving the new conditions of service of the general labour inspectorate, and Legislative Decree No. 55/99 of 6 September 1999 respecting safety and health conditions at the workplace. The Committee draws the Government’s attention to the following point.

Publication and transmission of an annual inspection report (Articles 20 and 21 of the Convention). Noting once again the failure to apply these provisions of the Convention, and with reference to the Government’s statement that an annual inspection report is currently being prepared, the Committee wishes to emphasize the need to publish an annual inspection report, as set out in the provisions of the Convention. The objective of such publication is to enable employers and workers and their representative organizations, as well as any other interested party, to be informed of the means, activities and effectiveness of the inspection services, as well as the difficulties that they may encounter in their duties and to seek their reactions for constructive purposes. The annual publication of practical and detailed information, in accordance with the guidance provided in Paragraph 9 of Recommendation No. 81 which supplements the Convention, on each of the matters set out in points (a) to (g) of Article 21, and their transmission to the ILO within the time limits prescribed in Article 20, would also enable the international supervisory bodies to evaluate the level of application of the Convention and provide useful guidance for its improvement. The Committee trusts that the Government will make every effort to give effect to these two essential Articles of the Convention and will not fail to provide relevant information with its next report.

The Committee is addressing a request directly to the Government on other points.

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 direct request, which read as follows:

The Committee has noted the Government's report. It notes with interest a very positive effort made by the Government in order to give effect to the provisions of the Convention, in particular through a detailed annual inspection report (1995). It would appreciate it if the Government would provide further information on a certain number of points.

Article 3 of the Convention. Please indicate what measures have been undertaken or envisaged in order to ensure that inspectors' additional duties set forth under section 31(j) of Decree No. 154/91, dated 31 October 1991 do not interfere with the effective discharge of their primary duties.

Article 6. The Committee asks the Government to provide information enabling it to compare the average annual salary of labour inspectors with that of public officials and the average annual wage in Cape Verde.

Article 8. Please provide information on the percentage of women appointed to the inspection staff in general and the relative percentage of women in higher grades of the labour inspection in particular.

Article 9. The Committee would be grateful if the Government could provide information about rules or regulations governing the participation of experts and specialists in the work of inspection. Please indicate whether technical experts and specialists participate in the inspection visits, what is the overall number of inspection visits with their participation or, in the event that they do not participate in such visits, what are the forms of their collaboration with labour inspectors.

Article 10. The Committee requests the Government to provide information on the current number of labour inspectors and the measures undertaken or envisaged in order to fill 15 vacant positions, enumerated in the report on the activities of the labour inspection in 1995 (page 8 of the report). Please also indicate the measures taken or envisaged in order to resolve the problems with labour inspection staff in the island of Sal.

Article 11. The Committee asks the Government to provide information on the distribution of cars and other means of transport furnished to labour inspectors in relation to the number of inspectors. Please also indicate whether the building in Mindelo where the office of the labour inspection is located was repaired.

Article 14. Please indicate whether any legislative efforts have been made or are envisaged in order to restore the provision requiring notification to the labour inspection about industrial accidents and occupational diseases.

Article 15. The Committee asks the Government to provide information on the practical application of Article 15, paragraph (a), and, in particular, the criteria and the procedure for its enforcement.

Article 16. The Committee asks the Government to indicate: (i) the total number of workplaces liable to inspection; (ii) the number of initial and second inspection visits made and the number of workplaces inspected during the latest reporting period; and (iii) the usual period between two consecutive planned inspections at each single workplace. Please also describe the manner in which the inspection visits are conducted in practice.

Article 20. The Committee notes the statistical information about the work of labour inspection in 1996 and asks the Government to indicate whether it was officially published by the central inspection authority of Cape Verde in the form of an annual general report and what is the procedure for access to such report by an interested party. The Committee hopes that the Government will be able to provide a copy of such report within the time-limit set forth by paragraph 3 of Article 20.

Article 21. The Committee asks the Government to take into consideration that annual reports published by the central inspection authority shall deal in particular with the subjects listed in Article 21 including, but not limited to, statistics of industrial accidents and statistics of occupational diseases (Article 21, paragraphs (f) and (g)).

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee has noted the Government's report. It notes with interest a very positive effort made by the Government in order to give effect to the provisions of the Convention, in particular through a detailed annual inspection report (1995). It would appreciate it if the Government would provide further information on a certain number of points.

Article 3 of the Convention. Please indicate what measures have been undertaken or envisaged in order to ensure that inspectors' additional duties set forth under section 31(j) of Decree No. 154/91, dated 31 October 1991 do not interfere with the effective discharge of their primary duties.

Article 6. The Committee asks the Government to provide information enabling it to compare the average annual salary of labour inspectors with that of public officials and the average annual wage in Cape Verde.

Article 8. Please provide information on the percentage of women appointed to the inspection staff in general and the relative percentage of women in higher grades of the labour inspection in particular.

Article 9. The Committee would be grateful if the Government could provide information about rules or regulations governing the participation of experts and specialists in the work of inspection. Please indicate whether technical experts and specialists participate in the inspection visits, what is the overall number of inspection visits with their participation or, in the event that they do not participate in such visits, what are the forms of their collaboration with labour inspectors.

Article 10. The Committee requests the Government to provide information on the current number of labour inspectors and the measures undertaken or envisaged in order to fill 15 vacant positions, enumerated in the report on the activities of the labour inspection in 1995 (page 8 of the report). Please also indicate the measures taken or envisaged in order to resolve the problems with labour inspection staff in the island of Sal.

Article 11. The Committee asks the Government to provide information on the distribution of cars and other means of transport furnished to labour inspectors in relation to the number of inspectors. Please also indicate whether the building in Mindelo where the office of the labour inspection is located was repaired.

Article 14. Please indicate whether any legislative efforts have been made or are envisaged in order to restore the provision requiring notification to the labour inspection about industrial accidents and occupational diseases.

Article 15. The Committee asks the Government to provide information on the practical application of Article 15, paragraph (a), and, in particular, the criteria and the procedure for its enforcement.

Article 16. The Committee asks the Government to indicate: (i) the total number of workplaces liable to inspection; (ii) the number of initial and second inspection visits made and the number of workplaces inspected during the latest reporting period; and (iii) the usual period between two consecutive planned inspections at each single workplace. Please also describe the manner in which the inspection visits are conducted in practice.

Article 20. The Committee notes the statistical information about the work of labour inspection in 1996 and asks the Government to indicate whether it was officially published by the central inspection authority of Cape Verde in the form of an annual general report and what is the procedure for access to such report by an interested party. The Committee hopes that the Government will be able to provide a copy of such report within the time-limit set forth by paragraph 3 of Article 20.

Article 21. The Committee asks the Government to take into consideration that annual reports published by the central inspection authority shall deal in particular with the subjects listed in Article 21 including, but not limited to, statistics of industrial accidents and statistics of occupational diseases (Article 21, paragraphs (f) and (g)).

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes the information supplied in reply to its previous comments, from which it appears that inspections do not take place as often as desired due to lack of material resources as well as staff who are able to concentrate on the inspection function. It has also noted the annual inspection reports for 1991 and 1992. It hopes the Government will continue to supply all available information on the application of the Convention, including statistics of inspections carried out. Please give further attention, in particular, to the following matters:

Article 3(2) of the Convention. The need to ensure that inspectors' additional duties do not interfere with their principal work.

Article 6. The need for conditions of employment of inspectors to be laid down.

Article 7. The need to ensure suitable qualifications for inspectors.

Articles 10, 11 and 16. The need for sufficient human and material resources to ensure workplaces are inspected as often and as thoroughly as necessary.

Article 14. The need for legislation to ensure notification of occupational accidents and diseases.

Articles 20 and 21. The need to compile and publish annual inspection reports containing all required statistics.

The Committee would invite the Government to seek the assistance of the competent services of the ILO in order to try and deal with these problems.

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

The Committee hopes the Government's next report will include all available information as to the practical application of the Convention, with particular reference to the provisions mentioned in the Committee's observation and the following.

Article 3(2) of the Convention. Please indicate any duties assigned to labour inspectors under section 31(j) of Decree No. 154/91.

Articles 7 and 8. Please describe qualifications and other conditions for recruitment to the labour inspectorate. Please also describe the training measures taken under section 29(2) of Decree No. 154/91.

Articles 10, 11 and 16. The Committee has noted with interest the provisions in section 28 and the Appendix of Decree No. 154/91 and the information in the report, concerning numbers of inspectors and means of transport provided. It would be glad if the Government would in future reports continue to describe the material and other practical conditions under which inspectors work, and if it would indicate how far it is considered that adequate frequency and throughness of inspection visits are ensured.

Article 14. Section 11 of Decree No. 110/76 having been repealed, please indicate how it is ensured that the labour inspectorate is notified of industrial accidents and diseases.

Articles 20 and 21. The Committee notes the staffing and other difficulties mentioned by the Government in preparing and publishing the annual inspection report required by the Convention. It looks forward to the Government supplying further information in its next report, and it hopes that any inspection reports - however partial - which are prepared will be transmitted.

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

Further to its previous comments, the Committee notes with satisfaction that Decree No. 154/91 contains provisions to implement Articles 3(1) (functions of the labour inspectorate set out in section 3 of the Decree); 5 (cooperation among government departments and with employers and workers prescribed by section 5); 6 (status and conditions of service of inspectorate staff set out in sections 20(1), 28, 29 and 30); 12 (inspectors' powers of entry and examination set out in section 20, and notification of the employer laid down in section 21(2); and 17 (enforceability of legal provisions under sections 9 to 13) of the Convention. It is again raising certain other questions in a direct request.

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:

The Committee notes the Government's statement to the effect that the draft statute concerning conditions of service of the labour inspection services, which is currently being formulated, contain provisions that give effect to Articles 3, 5, 12 and 17 of the Convention, which were the subject of its previous comments. It trusts that this draft will soon be adopted and that it will also ensure the application of Articles 6, 7 and 8.

Articles 10 and 16. The Committee notes with interest that the Government proposes to increase the number of labour inspectors. It hopes that in its next report the Government will be in a position to supply information on any progress achieved in this respect and to indicate the number of workplaces liable to inspection and the number of workplaces visited during the period covered by its report.

Article 11. The Committee hopes that the Government will spare no efforts to provide labour inspectors with appropriate working conditions and the transport facilities necessary for the performance of their duties and requests it to supply detailed information on the measures that are taken in these areas.

Articles 20 and 21. Recalling the importance that it attaches to well-prepared annual inspection reports which make it possible to assess the practical results of the activities of labour inspectorates at the national and international level, the Committee trusts that the Government will not fail to take the necessary measures to ensure that, in future, reports containing detailed information on the points set out in Article 21 of the Convention are published and transmitted to the ILO within the time-limits set forth in Article 20.

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

The Committee notes the Government's statement to the effect that the draft statute concerning conditions of service of the labour inspection services, which is currently being formulated, contain provisions that give effect to Articles 3, 5, 12 and 17 of the Convention, which were the subject of its previous comments. It trusts that this draft will soon be adopted and that it will also ensure the application of Articles 6, 7 and 8.

Articles 10 and 16. The Committee notes with interest that the Government proposes to increase the number of labour inspectors. It hopes that in its next report the Government will be in a position to supply information on any progress achieved in this respect and to indicate the number of workplaces liable to inspection and the number of workplaces visited during the period covered by its report.

Article 11. The Committee hopes that the Government will spare no efforts to provide labour inspectors with appropriate working conditions and the transport facilities necessary for the performance of their duties and requests it to supply detailed information on the measures that are taken in these areas.

Articles 20 and 21. Recalling the importance that it attaches to well-prepared annual inspection reports which make it possible to assess the practical results of the activities of labour inspectorates at the national and international level, the Committee trusts that the Government will not fail to take the necessary measures to ensure that, in future, reports containing detailed information on the points set out in Article 21 of the Convention are published and transmitted to the ILO within the time-limits set forth in Article 20.