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Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Cabo Verde (RATIFICATION: 1999)

Other comments on C087

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The Committee notes the observations of the National Workers’ Union of Cape Verde – Trade Union Confederation (UNTC-CS), sent with the Government’s report. The Committee notes the indications of the UNTC-CS that, although national laws are in conformity with the Convention, their practical application reveals considerable gaps, such as bureaucratic barriers that hamper the process of establishing trade unions, and non-compliance with legal deadlines and procedures for granting legal personality to trade unions. The Committee requests the Government to provide its comments in this regard.

Article 3. Minimum service in the event of a strike. Recourse to civil requisitioning. In its previous comments, the Committee noted the planned establishment, under the 2016 legislative reform, of the independent tripartite committee to determine minimum services in the event of a strike and trusted that this body would be able to discharge its functions fully, in order to allow a considered exchange of views on what minimum services should be in practice. As the independent tripartite committee was not yet operational, the Committee requested the Government to provide detailed information on the manner in which minimum services are determined in the event of a strike in essential services. The Committee also requested the Government to specify whether recourse to civil requisitioning is limited to ensuring the implementation of minimum services determined by the parties or by the tripartite committee, indicating the applicable legislative and regulatory provisions. It also requested the Government to provide detailed information on: (i) the manner in which civil requisitioning functions in practice, including in the absence of an agreement between the parties and in the absence of the functioning of the tripartite committee; and (ii) the frequency with which the public authorities have had recourse to civil requisitioning in recent years, with an indication of the requisition orders published, the services concerned and the percentage of workers requisitioned by service. The Committee notes the Government’s indication that, in the event of a strike in essential services, the employer and trade union negotiate to determine the minimum services required. If the employers and trade unions are unable to reach an agreement, it is for the Government to determine the scope of the minimum services. A proposed list of workers is sent to the relevant ministry, which determines the number required based on the complexity of the service. This decision is officially published and broadcast on the radio. Failure to comply with these minimum services may lead to civil requisitioning, an emergency measure authorized by law in urgent and extremely serious situations or to ensure essential services. Such requisitioning is approved by the Council of Ministers and made public. The Committee also notes that, in accordance with national legislation (sections 123 to 127 of the Labour Code (Legislative Decree No. 5/2007)), civil requisitioning is authorized only where there is a risk of irreparable damage and may not impede the right to strike. The Committee notes the Government’s indication that, so far, no civil requisitioning has been necessary. While noting this detailed information, the Committee notes with regret that no information has been provided by the Government regarding the process of establishing the independent tripartite committee provided for in the 2016 Labour Code reform. The Committee hopes that the Government will take all the necessary steps to ensure that the independent tripartite committee responsible for determining minimum services in the event of a strike will be able, in the near future, to discharge its functions fully. The Committee requests the Government to provide information on the composition and operation of this tripartite body.

Article 5. Right of organizations of public servants to establish and join federations and confederations. The Committee notes the adoption of Act No. 20/X/2023, which entered into force on 23 May 2023, establishing the legal framework for public sector employment in Cabo Verde, including the fundamental principles of the public service. In accordance with sections 17 and 18 of the Act, public servants may join professional associations freely, exercise the principles of freedom of association and carry out trade union activities aimed at defending their members’ collective and individual rights. However, the Committee notes that the Government’s report does not contain any information, and the Act does not indicate anything, on the possibility for public sector trade unions to join federations of their own choosing, including federations comprising organizations from the public and private sectors. The Committee requests the Government to provide details in this regard.