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Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Cabo Verde (RATIFICATION: 1979)

Other comments on C111

Observation

Direct Request

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Scope of application. The Committee previously noted that while the Labour Code is not applicable to rural workers and labour-intensive activities (labour-based approaches to infrastructure works have become an important element of job creation strategies in many low-wage developing countries with an oversupply of underemployed labour), the Government stated that pending the adoption of relevant specific legislation, the provisions of the Labour Code are applicable to those categories of workers and activities. The Committee notes the Government’s indication in its report that there are currently no labour-intensive activities. The Committee wishes to point out that the purpose of the Convention is to protect all persons against discrimination in employment and occupation on the basis of race, colour, sex, religion, political opinion, national extraction and social origin and that no provision in the Convention limits its scope as regards individuals or branches of activity. Therefore, once again, the Committee asks the Government to indicate the steps taken to ensure that in practice rural workers and workers in labour-intensive activities benefit from the protection provided for by the Labour Code, pending the adoption of a specific legislation, and to provide a copy of any judicial decisions made in this regard. It also asks the Government to provide information on any development concerning the adoption of specific legislation related to those categories of workers and activities.

Article 1(1)(a) of the Convention. Discrimination based on sex. Sexual harassment. The Committee previously noted that section 410 of the Labour Code and the scope of Act No. 84/VII/2011 on Gender-based Violence with respect to sexual harassment only provide for sanctions for sexual harassment committed by the employer and not by other employees. The Committee notes the Government’s statement that efforts to amend the existing legislation are under way. It further notes that the Cabo Verdean Association on Combating Gender-based Violence (ACLCVBG) together with the Cabo Verdean Institute for Gender Equality and Equity (ICIEG) organized the first national forum on sexual harassment at the workplace in 2017. However, the Committee notes that, in its concluding observations, the UN Committee on Economic, Social and Cultural Rights (CESCR) expressed concern at the prevalence of gender-based violence in the country, the limited enforcement of Act No. 84/VII/2011, and the lack of resources allocated to adequate responses (E/C.12/CPV/CO/1, 27 November 2018, paragraph 48). The Committee again asks the Government to take steps to ensure that workers are protected against all forms of sexual harassment in employment and occupation, but also vocational education and training, access to employment and conditions of employment, not only committed by employers but also by other workers. The Government is also asked to take steps to ensure that sexual harassment by clients, customers, suppliers is prohibited. The Government is asked to provide information on any amendment to the national legislation being developed or envisaged directed at these matters. It asks the Government to continue to provide information on any concrete measures adopted to prevent sexual harassment at work, as well as to raise awareness among employers, workers and their organizations regarding both quid pro quo and hostile environment sexual harassment, including in collaboration with the ICIEG and the ACLCVBG, and to provide information on their impact. The Committee asks the Government to provide information on the number, nature and outcome of complaints or cases of sexual harassment dealt with by the labour inspectorate, the courts or any other competent authorities.

Article 1(1)(b). Additional ground of discrimination. Real or perceived HIV/AIDS status. The Committee previously noted that Act No. 18/VII/2007 on Gender-based Violence provides that employers have to promote capacity-building activities for workers with respect to HIV and AIDS; prohibits discrimination on the ground of real or perceived HIV status and prohibits the requirement of HIV testing for access to employment. The Committee notes the Government’s indication that in 2016 a study entitled “Index of Stigma and Discrimination against People Living with HIV/AIDS” was carried out and concluded that most people with HIV/AIDS are not subjected to discrimination since only one in four of them tells their family they are seropositive (page 11 of the index). The Committee notes, however, that in its 2018 concluding observations, the CESCR recommended that the Government conduct awareness-raising campaigns to combat stereotypes affecting persons and groups at risk of discrimination, such as persons living with HIV/AIDS (E/C.12/CPV/CO/1, 27 November 2018, paragraph 12). The Committee again asks the Government to provide information on the implementation of Act No. 18/VII/2007, as well as on any cases of discrimination on the ground of real or perceived HIV status in employment and occupation. It further asks the Government to provide information on any concrete measures adopted to combat stereotypes and discrimination against workers with HIV and AIDS, as well as to build capacity and raise awareness among employers, workers and their respective organizations regarding discrimination on the ground of real or perceived HIV status in employment and occupation.

Persons with disabilities. The Committee previously noted that Law No. 40/VIII/2013: (i) prohibits direct and indirect discrimination against persons with disabilities (section 6(a) and 7); (ii) refers to the adoption of special measures to promote access of persons with disabilities to employment and training (section 28); and (iii) establishes a minimum quota of 5 per cent of jobs to be occupied by persons with disabilities in the public administration (section 30). The Committee notes the adoption of Decree Law No. 38/2015 of 29 July 2015 which regulates the selection and recruitment procedures for persons with disabilities in the public administration. It notes the Government’s statement that no data is available on the number of persons with disabilities hired by the public administration or the private sector. The Government adds that it requested the INE to provide such information for the private sector. The Committee, however, notes that, in its 2018 concluding observations, the CESCR expressed concern at the low employment rate of persons with disabilities, partly due to the fact that regulations concerning their recruitment are not sufficiently disseminated and that job advertisements are not usually accessible to persons with a visual impairment, and that workplaces fail to provide reasonable accommodation to facilitate the employment of persons with disabilities (E/C.12/CPV/CO/1, 27 November 2018, paragraph 18). The Committee asks the Government to provide information on the practical application of Law No. 40/VIII/2013 and Decree Law No. 38/2015 and the specific results achieved in order to improve equality of opportunity and treatment of persons with disabilities in employment and occupation. It also asks the Government to provide information on any concrete measures adopted to raise awareness among employers, workers and their organizations as to the existing regulations on the employment of persons with disabilities. The Committee hopes that the Government will be soon in a position to provide statistical information on the number of people with disabilities, disaggregated by sex, employed in the public and private sectors.

Articles 2 and 3. Equality of opportunity and treatment between men and women. Referring to its previous comments on the lack of information provided by the Government on the concrete measures taken to promote equality of opportunity and treatment between men and women, the Committee notes the Government’s indication that within the framework of the National Plan on Gender Equality 2015–18 (PNIG), the Cabo Verdean Institute for Gender Equality and Equity (ICIEG) and the Promotion of Socio-economic Opportunities in Rural Areas Programme (POSER) implemented training sessions on small business management, microfinance and entrepreneurism for women in rural municipalities in several islands. It further notes that the Ministry of Finance, through the Support for and Promotion of Enterprises Institute (Pro Empresa) implemented a programme for the promotion of entrepreneurship, targeting women and young people. The Government adds that the ICIEG also offered various training programmes on women’s economic empowerment. The Committee further notes that the Second National Plan for Combating Gender-Based Violence 2015–18, provides for measures aimed at raising awareness on equality, as well as at the deconstruction of sexist and discriminatory stereotypes. It notes that several measures have been suggested by the ICIEG in order to help men and women to better conciliate family and professional responsibilities, such as the introduction of legislative amendments providing for seven days of paternity leave, as well as the possibility to consider the ratification of the Workers with Family Responsibilities Convention, 1981 (No. 156), and the Maternity Protection Convention, 2000 (No 183). However, the Committee notes the Government’s indication, in its report on the application of the Equal Remuneration Convention, 1951 (No. 100), that the labour market remains highly gender segregated, with women still overrepresented in certain sectors, such as domestic work, trade and education, while men are employed in construction, agriculture, and public administration. It notes the adoption of the Strategic Education Plan (2017–20) which aims at addressing the structural aspects of gender segregation in education. While welcoming the Government’s indication concerning the adoption of Decree Law No. 47/2017 of 26 October 2017 which establishes social and educational support measures for pregnant girls to continue to attend school, the Committee notes the increasing number of children and young people, in particular girls, who are out of school. The Committee notes that, according to the National Institute of Statistics (INE), in 2017, women only represented 44.2 of the employed population (compared to 55.8 per cent of men) and the employment rate of women decreased from 48 per cent in 2016 to 45.5 per cent in 2017, and was particularly low in rural areas (32.2 per cent compared to 51.5 per cent for men). The unemployment rate for women remains high (12.8 per cent). The Committee notes that, in its 2018 concluding observation, the CESCR highlighted that despite the adoption of the PNIG, there is still widespread gender inequality in the country, and expressed concern at: (i) the vertical and horizontal segregation in the labour market; (ii) the high proportion of women in precarious employment situations, and in particular the fact that women are predominantly involved in the informal economy; and (iii) the strong gender stereotypes which are hindering the full and equal participation of women in political and public life (women being underrepresented in the civil service, the judiciary and the National Assembly). The CESCR recommended that the Government tackle the root causes of the low level participation of women in the labour market, including stereotypes and traditional gender roles; combat discrimination against women in recruitment processes and support women’s career development to allow them to reach high-level positions and positions in sectors where they are underrepresented (E/C.12/CPV/CO/1, 27 November 2018, paragraphs 22, 23, 26 and 27). The Committee urges the Government to strengthen its efforts to address both vertical and horizontal segregation between men and women in the labour market, as well as gender stereotypes, including by improving women’s participation in the labour market, and to provide information on any follow-up to the recommendations made by the ICIEG concerning the ratification of the Workers with Family Responsibilities Convention, 1981 (No. 156), and the Maternity Protection Convention, 2000 (No 183). It asks the Government to provide information on the specific steps taken, including in the framework of the National Plan on Gender Equality and the National Plan for Combating Gender-Based Violence, to effectively enhance women’s economic empowerment and access to decision-making positions, in particular in sectors where they are underrepresented, as well as to encourage girls and women to choose non-traditional fields of study and professions. Noting that a Gender Observatory was launched in December 2016 to collect sex-disaggregated data, the Committee asks the Government to provide updated statistical information on the participation of men and women in education, training, employment and occupation, disaggregated by occupational categories and positions, both in the public and private sectors, as well as in the informal economy.

Domestic workers. The Committee notes that, as highlighted by the National Institute of Statistics (INE), women are mostly concentrated in the domestic work sector (13.3 per cent in 2017). It notes the Government’s indication that the Cabo Verdean Association on Combating Gender-based Violence (ACLCVBG) is currently implementing the INSPIRED+ Project which seeks to achieve the economic empowerment of domestic workers through the recognition of their labour rights. It notes that, in the framework of the project, a study on the rights of domestic workers in Cabo Verde was carried out in August 2018, in collaboration with the ILO and UN Women, and showed that 6.6 per cent of employed persons are in domestic work, of whom 93.9 per cent are women but only 11 per cent are registered in the National Institute of Social Welfare (INPS). The study revealed that domestic work is mainly informal work, characterized by precarious conditions of work, low paid and long hours. Furthermore, while section 286 of the Labour Code defines domestic work, the Committee notes that the ICIEG recommended, in its Action and Advocacy Plan, the regulation of domestic work, as well as the ratification of the Domestic Workers Convention, 2011 (No. 189). It further notes that, in its 2018 concluding observation, the CESCR was concerned that domestic workers do not enjoy just and favourable conditions of work and recommended that the Government take effective measures to disseminate and better enforce the legal provisions related to the labour and social security rights of domestic workers and ratify ILO Convention No. 189 (E/C.12/CPV/CO/1, 27 November 2018, paragraphs 32 and 33). The Committee asks the Government to provide information on the measures taken, in law and in practice, to ensure that domestic workers, who are particularly vulnerable to discrimination, enjoy equality of opportunity and treatment in all aspects of employment, in particular with respect to terms and conditions of work, social security and access to training with a view to promotion or better job opportunities. It asks the Government to provide information on any follow-up to the recommendations made by the ICIEG concerning the regulation of domestic work and the ratification of the Domestic Workers Convention, 2011 (No. 189). The Committee also asks the Government to provide information on the number of cases or complaints of discrimination of domestic workers in employment dealt with by the labour inspectors and the courts, indicating the grounds of discrimination and the penalties imposed.

Equality of opportunity and treatment irrespective of race, colour or national extraction. The Committee previously noted that foreign workers from Gambia, Guinea, Guinea-Bissau, Mauritania and Senegal received salaries considerably lower than those of nationals and asked the Government to indicate the manner in which concrete protection was provided to foreign workers, against discrimination on the grounds enumerated in the Convention. The Committee notes the Government’s indication that the evaluation of the first Plan of Action (2013–16) under the National Strategy on Immigration (ENI) highlighted that such measures had been poorly implemented or, in most cases, that their implementation was not reported, and that one of the main challenges was the need to combat discrimination against foreign workers. The Committee notes the adoption of the second Immigration and Social Inclusion Action Plan (2018–20), by resolution 3/2019 of 10 January 2019 which focuses on the management of migration flows, integration and institutional development. The Government adds that one of the strategic areas of the action plan is the promotion of diversity, including by preventing discrimination. The Committee further notes the Government’s statement that to this end the Department of Labour and the labour inspectorate are establishing coordinated systems for monitoring the hiring and the employment of foreign workers, and developing and disseminating guidelines on the employment of foreign workers and the consequences of employing foreign workers in an irregular situation for employers. It further notes that awareness-raising activities for foreign workers on their rights and available protection as well as public information campaigns to prevent discrimination have also been carried out. It notes, however, the Government’s statement that while the labour inspectorate can provide the opportunity for the reporting cases of labour exploitation of foreign workers, no complaints were received from them which demonstrates that those workers are unaware or do not trust the competent authorities. The Committee also notes that, in its 2015 concluding observations, the UN Committee on the Rights of Migrant Workers (CMW) regretted that, as regards non-discrimination, the fundamental rights of migrant workers are guaranteed only to migrant workers in a regular situation and on the basis of reciprocity, whereas under the International Convention on the Protection of the Rights of All Migrant Workers and Members of their Families there is no requirement of reciprocity for the application of the protections set out in the instrument. The CMW was further concerned at the lack of information on the measures taken to guarantee the principle of non-discrimination in practice, particularly with regard to migrant workers from West Africa, who are reportedly subjected to prejudice and social stigmatization (CMW/C/CPV/CO/1, 8 October 2015, paragraphs 24 and 26). In this regard, the Committee wishes to point out that under the Convention all migrant workers, including those in an irregular situation, must be protected from discrimination in employment on the basis of the grounds set out in Article 1(1)(a) of the Convention (see General Survey of 2012 on the fundamental Conventions, paragraph 778). Referring to the absence of protection explicitly afforded by the national legislation on the ground of “national extraction”, the Committee asks the Government to take proactive measures to combat stereotypes and discrimination based on race, colour or national extraction, and to effectively ensure equality of opportunity and treatment for migrant workers, including for those in an irregular situation, in particular with regard to their remuneration. It asks the Government to provide information on the implementation of any measures and programmes undertaken in that regard, including in the framework of the second Immigration and Social Inclusion Action Plan (2018–20). The Committee asks that the Government provide a copy of the results of any reports evaluating the impact of any steps taken or measures adopted. The Committee also asks the Government to provide information on any public awareness-raising activities undertaken on the relevant legislative provisions, the procedures and remedies available, targeting in particular migrant workers, as well as on the number and nature of cases or complaints of discrimination that have been detected or dealt with by the labour inspectors, the courts or any other competent authorities and the penalties imposed.

General observation of 2018. Regarding the above issues and more generally, the Committee would like to draw the Government’s attention to its general observation on discrimination based on race, colour and national extraction which was adopted in 2018. In the general observation, the Committee notes with concern that discriminatory attitudes and stereotypes based on the race, colour or national extraction of men and women workers continue to hinder their participation in education, vocational training programmes and access to a wider range of employment opportunities, resulting in persisting occupational segregation and lower remuneration received for work of equal value. Furthermore, the Committee considers that it is necessary to adopt a comprehensive and coordinated approach to tackling the obstacles and barriers faced by persons in employment and occupation because of their race, colour or national extraction, and to promote equality of opportunity and treatment for all. Such an approach should include the adoption of interlocking measures aimed at addressing gaps in education, training and skills, providing unbiased vocational guidance, recognizing and validating the qualifications obtained abroad, and valuing and recognizing traditional knowledge and skills that may be relevant both to accessing and advancing in employment and to engaging in an occupation. The Committee also recalls that, in order to be effective, these measures must include concrete steps, such as laws, policies, programmes, mechanisms and participatory processes, remedies designed to address prejudices and stereotypes and to promote mutual understanding and tolerance among all sections of the population.

The Committee draws the Government’s attention to its general observation of 2018 and requests the Government to provide information in response to the questions raised in that observation.

Enforcement. The Committee takes note of the judicial decision forwarded by the Government on a case of alleged discrimination concerning occupational reclassification. It notes that labour inspectors benefited from training on discrimination and equality through an initiative entitled “support for effective application of the international labour standards”, in the framework of the Generalized System of Preferences plus (GSP+) project, in collaboration with the ILO, and that a discrimination and equality checklist is under preparation. The Government however adds that there is no data from the labour inspectorate on practical difficulties concerning the application of the Convention. The Committee recalls that where no cases or complaints are being lodged, this may indicate a lack of an appropriate legal framework, lack of awareness of rights, lack of confidence in or an absence of practical access to procedures, or fear of reprisals (see General Survey of 2012, paragraph 870). It notes in particular that in its 2018 concluding observation, the CESCR recommended that the Government increases its efforts to enforce the existing legislative provisions related to discrimination, and to ensure that perpetrators of discriminatory acts are held accountable and that victims have access to effective remedies (E/C.12/CPV/CO/1, 27 November 2018, paragraph 12). The Committee asks the Government to take appropriate steps to raise public awareness of the relevant legislative provisions, the procedures and remedies available, and to provide information on any activities undertaken in this regard. It also asks the Government to provide detailed information on any cases of discrimination dealt with by the labour inspectors, the courts or any other competent authorities, as well as the sanctions imposed and the remedies granted.