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

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:

Articles 3 and 4 of the Convention. The Committee has previously pointed out that under section 3(3) of Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, equality of treatment for foreign workers engaged in an occupational activity in Cape Verde is subject to the condition of reciprocity, whereas the Convention establishes an automatic system of reciprocity for the Members that have ratified it. In reply, the Government states that section 11(4) of the Cape Verde Constitution implicitly provides that all nationals of countries which ratify Convention No. 118 shall enjoy equal treatment regarding workers' compensation, without condition of residence and irrespective of the conclusion of reciprocal agreements, and thereby implies that the relevant part of section 3(3) of Legislative Decree No. 84/78 is revoked. Moreover, according to the Government, Conventions take precedence over all national legislation, and Convention No. 118 would therefore override section 3(3) of Legislative Decree No. 84/78. Furthermore, the Government states that nationals of all member States in which the Convention is in force shall enjoy all the benefits provided to Cape Verde nationals, and shall have the same obligations; and that survivors' benefits are granted to the survivors of citizens of a member State for which the Convention is in force, irrespective of the survivor's nationality. The Committee notes this information. It would like the Government to supply further information on the sources of law, such as administrative circulars of the National Institute of Social Security (INSS), which implement this constitutional principle, as well as a copy of the relevant legal provisions. It also trusts that the Government will have no difficulty explicitly amending section 3(3) of Legislative Decree No. 84/78, in order to avoid any ambiguity. It would appreciate being kept informed of any progress in this respect.

See also the direct request (1996) pertaining to Article 2 of the Equality of Treatment (Accidents) Convention, 1925 (No. 19) concerning section 3(3) of Legislative Decree No. 84/78.

Article 5. (a) Branch (g) (employment injury benefit). The Committee has previously pointed out that the above-mentioned Legislative Decree No. 84/78 does not provide for the payment of employment injury benefit in the event of residence abroad, contrary to Article 5 of the Convention. In reply, the Government states that national legislation does provide for the granting of benefit in the country of residence; that the machinery for guaranteeing payment of benefit abroad includes bilateral agreements (with France, Italy, Luxembourg, Netherlands, Portugal and Sweden); and that direct payments of cash benefits are made through banking services and other methods. The Committee notes this information. It requests a copy of the relevant law or administrative circulars of the INSS and further information on their application in practice.

(b) The Committee notes that the Government's report does not contain the requested information regarding the manner in which, in practice, the benefits granted under sections 11 and 12 of Legislative Decree No. 114/82 of 22 December 1982 are provided in the event of residence abroad not only to nationals and foreigners but also to refugees and stateless persons. It again hopes that the Government will be able to supply in its next report the information requested.

Article 6. Further to the previous comments of the Committee, the Government states that payment of allowances is guaranteed, in accordance with the agreements concluded, to the children of nationals of all other signatory member States residing in the territory of one of these States. The family benefit is granted in accordance with the legislation of the country where the migrant works, with the exception of France, where a schedule similar to the amount paid in the country of residence of the children is applicable. The Committee notes this information. It would like the Government to supply further information on any progress made in concluding bilateral agreements with other States which have accepted branch (i) and with which there are migratory flows.

Article 7. In reply to previous comments, the Government states that the social insurance legislation of Cape Verde provides for the maintenance of acquired rights or rights in the course of acquisition of nationals and citizens of countries in which the Convention is in force, in respect of all the branches contained in the material scope of the Convention. The social security agreements concluded with other States contain the principle of totalization of periods.

Furthermore, the cost of invalidity, old-age, and survivors' benefits shall be shared between the countries in which the worker has made contributions, with account being taken of the periods of insurance in the two co-signatory States, as well as the wages contributing to the establishment of the pension. The Committee notes this information. It would like the Government to continue to provide information on any new agreements concluded or contemplated for participation in schemes for the maintenance of rights.

Article 10. The Committee notes that the Government's report does not contain the requested information concerning the application of the Convention to refugees and stateless persons. It again requests information on the application of this Article of the Convention.

Article 11. The Committee takes note of the information contained in the Government's report. The Committee hopes that when the occasion arises the Government will provide to other States bound by the Convention administrative assistance free of charge, with a view to facilitating its application.

The Committee requests the Government to supply statistics on the number and nationality of foreign workers in Cape Verde, including statistics on the number of stateless persons and refugees in Cape Verde, in accordance with point V of the report form. It would also appreciate receiving statistics on the number of Cape Verde nationals working abroad, and the countries where they are working.