Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

In reply to the Committee's previous comments, the Government indicates that following internal discussions there is a total consensus regarding the need to amend Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, as well as the social security system as a whole. As regards the discrepancies between the said Decree and the provisions of the Convention pointed out by the Committee, the Government recalls that, according to section 11(4) of the Cape Verde Constitution, Conventions take precedence over all national legislation.

The Committee notes this information with interest. It hopes that in revising the abovementioned Decree and in order to avoid any ambiguity in law, the Government would have no difficulty in bringing the provisions of the Decree into conformity with the Convention, in particular, by:

(1) explicitly amending section 3(3) of the Decree which subjects equality of treatment of foreign workers engaged in an occupational activity in Cape Verde to the condition of reciprocity, contrary to Articles 3 and 4 of the Convention which establish an automatic system of reciprocity for the ratifying States;

(2) including in the Decree an express provision for the payment of employment injury benefit in the event of residence abroad, so as to give full effect to Article 5 (branch (g) -- employment injury benefit) of the Convention; and

(3) adopting provisions expressly extending the application of the Convention to refugees and stateless persons, in accordance with Article 10.

In the meantime, the Committee once again would like the Government to supply information on the provisions of law and procedures giving effect to the abovementioned constitutional principle with respect to Convention No. 118 in practice, such as, for example, internal rules or administrative circulars of the National Institute of Social Security. It also hopes that the Government would continue to supply information on any new bilateral agreements with other States with which there are migratory flows, with a view to giving better effect to Articles 6 and 7 of the Convention. Finally, noting that the Government does not have at the moment the statistical data on the number and nationality of foreign workers, stateless persons and refugees in Cape Verde, which was requested in its previous comments in accordance with Part V of the report form on the Convention, the Committee hopes that the Government would be able to collect such data and to provide the same in its next report. It would also appreciate receiving statistics on the number of Cape Verde nationals working abroad, and the countries where they are working.