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

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. In its previous comments, the Committee noted that the Labour Code is not applicable to rural workers and labour-intensive activities, and requested the Government to provide information on any development concerning the adoption of specific legislation related to these categories. The Government indicates that, pending the adoption of relevant specific legislation, the provisions of the Labour Code are applicable to those categories of workers and activities. Taking note of this information, the Committee requests the Government once again to provide information on any developments concerning the adoption of specific legislation related to rural workers and labour-intensive activities. It also requests the Government to indicate the measures taken to ensure in practice that these categories of workers benefit from the protection provided for by the Labour Code, and to provide a copy of any judicial decisions made in this regard.

Article 1 of the Convention. Grounds of discrimination. The Committee recalls that the Labour Code (section 15(1)(a)) which provides for equality at work did not include the ground of national extraction. It has therefore requested the Government to take the necessary measures to ensure that workers are protected against discrimination on the ground of national extraction and to provide information on the manner in which workers are protected against indirect discrimination. The Committee notes that the Labour Code was amended in 2016 (Legislative Decree 1/2016) but that the opportunity was not taken to include the ground of national extraction in section 15(1)(a) and to define and prohibit indirect discrimination. The Committee notes the Government’s indication that article 23 of the Constitution sets out the principle of non-discrimination on the ground of, among others, national extraction. The Government further indicates that article 5(n) of the Law on Public Administration prohibits discrimination on the grounds of birth, social or ethnic origin and reiterates that section 15 of the Labour Code provides for equal protection for both national and foreign workers. In this respect, the Committee once again recalls that the concept of national extraction covers distinctions made on the basis of a person’s place of birth, ancestry or foreign origin. Discrimination based on national extraction may be directed against persons who are nationals of the country in question, but who have acquired their citizenship by naturalization or who are descendants of foreign immigrants or persons belonging to groups of different national extraction living in the same State (2012 General Survey on the fundamental Conventions, paragraph 764). The Committee urges the Government to take the necessary measures to ensure that workers are also protected against discrimination on the ground of national extraction and to provide information on any development in this regard, as well as on the manner in which workers are protected against indirect discrimination.

Discrimination against foreign workers. The Committee referred in its previous comments to the fact that foreign workers from Senegal, Guinea-Bissau, Mauritania, Gambia and Guinea received salaries considerably lower than those of national workers and requested the Government to indicate the manner in which concrete protection was granted to foreign workers against discrimination on the grounds enumerated in the Convention. The Committee notes the Government’s indication regarding the establishment of the minimum wage by the Legislative Decree 6/2014, which is applicable to all the employees subjected to the general labour law system; the adoption of the “National Strategy on Immigration 2013-2016”, which includes the adoption of measures such as the reduction of foreign workers without a working permit, the establishment of supervisory mechanisms of their working conditions and labour inspections in enterprises where migrant workers are usually employed; and the awareness-raising activities carried out by the Directorate-General of Immigration concerning their rights and protections available. The Committee requests the Government to continue to provide information on the measures adopted or envisaged in the framework of the “National Strategy on Immigration 2013-2016” to ensure that foreign workers are not discriminated against in employment, including with regard to their remuneration, on any of the grounds of the Convention, and to provide information on any measures taken in this regard. The Committee once again requests the Government to provide information on any complaint filed by foreign workers or their trade union representatives concerning this issue.

Discrimination on the ground of sex. In its previous comments, the Committee requested the Government to provide information on measures taken in the framework of Act No. 84/VII/2011 on gender equality, Resolution No. 26/2010 concerning good practices in enterprise management, Resolution No. 124/VI/2010 and Act No. 15/VII/2007 providing for mechanisms for women’s economic empowerment, as well as those measures adopted by the Cape Verdean Institute for Gender Equality (ICIEG). The Committee notes, however, that the Government does not provide any information in this regard. The Committee notes the concluding observations of the Convention on the Elimination of all forms of Discrimination against Women (CEDAW), which express concern about the situation of women who face multiple forms of discrimination, in particular women with disabilities, older women, female-headed households and migrant women, and about the limited information and statistical data available with regard to their access to education and employment, as well as on the use of temporary special measures to improve their situation (CEDAW/C/CPV/CO/7-8, 30 July 2013, paragraph 32). The Committee once again requests the Government to provide information on the practical application of Act No. 84/VII/2011 on gender equality, Resolution No. 26/2010 concerning good practices in enterprise management, Resolution No. 124/VI/2010 and Act No. 15/VII/2007, as well as those measures adopted by the Cape Verdean Institute for Gender Equality. The Committee also requests the Government to provide information on any other specific measure adopted to ensure the protection of women against any type of discrimination in employment and occupation on the ground of sex.

Sexual harassment. In its previous comments, the Committee referred to the scope of section 410 of the Labour Code and the scope of Act No. 84/VII/2011 with respect to sexual harassment, and noted that they only provide sanctions for sexual harassment committed by the employer and not by other employees. The Committee, therefore, asked the Government to ensure that workers are protected against sexual harassment in employment and occupation, not only by employers but also by other workers, and to provide specific information on how the relevant provisions of the Labour Code and of Act No. 84/VII/2011 have been applied in practice. Noting that section 410 of the Labour Code was not amended to include protection against sexual harassment by other workers, the Committee once again requests the Government to take steps to ensure that workers are protected against sexual harassment in employment and occupation, not only committed by employers but also by other workers, including through any further amendment to the Labour Code. The Committee further requests the Government to provide information on any progress made in this regard.

Article 1(1)(b). Real or perceived HIV/AIDS status. Noting that the Government’s report does not provide any information on the implementation of Act No. 18/VII/2007 that prohibits discrimination on the ground of real or perceived HIV status as well as on any cases of discrimination concerning discrimination on the ground of real or perceived HIV status, the Committee once again requests the Government to provide information in this regard.

Persons with disabilities. The Committee notes with interest the adoption of the Law No. 40/VIII/2013, which sets the general framework of prevention, habilitation, rehabilitation and participation of persons with disabilities. The Committee notes in particular that article 4 establishes among its objectives, the promotion of education, job and training opportunities; articles 6(a) and 7 sets the prohibition of direct and indirect discrimination; article 28 refers to the adoption of special measures in order to promote access of persons with disabilities to employment and training; and article 30 establishes a minimum quota of 5 per cent of jobs to be occupied by persons with disabilities in the public administration. The Committee requests the Government to provide information on the practical implementation of Law No. 40/VIII/2013 concerning persons with disabilities and the specific results achieved. Please provide also statistical information on the number of people with disabilities, disaggregated by sex, employed in the public and private sectors.

Article 2. National equality policy. In its previous comments, the Committee requested the Government to continue to provide information on the measures adopted in the framework of the Decent Work Country Programme (DWCP) and the Strategic Agenda 2011–16 that refer to women and young persons, as well as on the measures adopted with respect to equality and the elimination of discrimination regarding all the grounds provided for in Article 1(1)(a) of the Convention. In this regard, the Committee notes that the Government refers to several measures implemented in the framework of the DWCP, such as measures to promote entrepreneurship among young people, rural women and heads of households, to improve their education and living conditions and to assist women and young persons in the establishment of their businesses. In addition, the Government refers to the inclusion of gender issues as one of the main pillars of the Government Programme 2011–16, and as a result, of the incorporation of a gender perspective in sectoral programmes such as the National Programme for the Fight against Poverty (PNLP). The Committee also notes the Government’s indication concerning the elaboration of the National Gender Equality Plan (PNIG) 2014–16, which include, among other measures, the promotion of women entrepreneurship by improving their access to credit and microcredit, and awareness-raising campaigns for enterprises about gender stereotypes. The Committee requests the Government to continue to provide information concerning measures that refer to women and young persons, particularly those implemented in the framework of the PNIG 2014–16, the Government Programme 2011–16 and the PNLP. Please also provide information on the measures and policies adopted with regard to equality and the elimination of discrimination with respect to all the grounds provided for in Article 1(1)(a) of the Convention.

Labour inspection. The Committee notes the Government’s indication that labour inspection activities are focused on the issues of unregistered migrant workers and gender equality and that awareness-raising activities for labour inspectors have been undertaken. However, the Government does not specify if the labour inspection activities concern the provisions of the Convention. The Committee once again requests the Government to take the necessary measures to provide labour inspectors with adequate training concerning the provisions of the Convention and to provide information on the specific actions taken by them with respect to complaints concerning discrimination, the sanctions imposed and remedies granted.

Statistical data. The Committee notes the Government’s indication that collection of statistical data is not possible due to lack of material and human resources. The Committee further notes that the Gender Equality Observatory was created in 2012, the mandate of which focuses on women’s empowerment. The Government also refers to the creation of a National Gender Indicator System (SNIG). Noting that the Government had previously requested ILO technical assistance in relation to the collection of statistics on the situation of men and women in the labour market, the Committee asks the Government to take the necessary steps to secure such assistance. The Committee requests the Government to provide information on the activities of the Gender Equality Observatory in relation to the collection of relevant statistics. Please continue to provide up-to-date statistics disaggregated by sex on the situation of men and women in the labour market to enable the Committee to measure progress in this regard.