Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

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Observation

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Articles 1 to 3 of the Convention. Protection against discrimination. Legislation. Scope of application. The Committee notes the Government’s indication, in its report, that no specific regulation has been adopted yet pursuant to section 2 of the Labour Code regarding rural workers and workers in labour-intensive activities who are excluded from the scope of application of the Labour Code. The Committee notes the Government’s indication that: (1) the programme so-called High Intensity Labour Fronts (FAIMO) is now extinguished; and (2) work is underway to elaborate the specific regulations referred to in section 2 of the Labour Code. The Committee asks the Government to indicate: (i) the steps taken to ensure that, both in law and practice, all categories of workers and activities benefit from the protection of the Convention, including rural workers and workers in labour-intensive activities; and (ii) any development concerning the adoption of specific legislation related to these categories of workers and activities.

Article 1(1)(a). Discrimination based on sex. Sexual harassment. The Committee recalls that section 410 of the Labour Code and section 25 of Act No. 84/VII/2011 of 10 January 2010, on Gender-based Violence provide for sanctions for sexual harassment committed by the employer, but not by other employees or persons related to work. The Committee welcomes the detailed information provided by the Government regarding awareness-raising, information and training activities organised at workplaces and with workers and workers’ organizations on various aspects of harassment at work. It also observes that, in its Second National Report published in 2020, the National Commission for Human Rights and Citizenships (CNDHC) specifically recommended to expand campaigns and measures to combat sexual harassment at work. In that regard, the Committee notes the Government’s indication that no complaint for sexual harassment at work was recorded by the General Labour Inspectorate (IGT). It however notes that, in its concluding observations, the United Nations (UN) Human Rights Committee expressed specific concerns about barriers to reporting of gender-based violence, including due fear of stigmatization and discrimination among women, and the lack of information about investigations, prosecutions and convictions of perpetrators of violence against women (CCPR/C/CPV/CO/1/Add.1, 3 December 2019, paragraph 13). The Committee asks the Government to take steps to ensure that workers are protected against all forms of sexual harassment in employment and occupation, including in vocational education and training, not only committed by employers but also by other workers or persons related to their work (such as clients or suppliers). It asks the Government to continue to provide information on: (i) any concrete measures implemented to prevent sexual harassment at work, including by raising awareness among workers, employers and their organizations regarding both quid pro quo and hostile environment sexual harassment, in particular in collaboration with the ICIEG and the ACLCVBG; (ii) any measures taken to ensure that victims of sexual harassment have access to a range of reporting mechanisms; and (iii) the number, nature and outcome of complaints or cases of sexual harassment dealt with by the labour inspectors, the courts or any other competent authorities.

Article 1(1)(b). Additional grounds of discrimination. Sexual orientation and gender identity. The Committee notes that the National Plan for Gender Equality for 2021–25 (PNIG), adopted through Resolution No. 1/2022 of 5 January 2022, highlights the specific difficulties faced by lesbian, gay, bisexual, transgender, intersex and queer (LGBTIQ) people in entering the labour market, as well as the lack of a legal framework that prohibits discrimination based on the grounds of sexual orientation or gender identity. Similarly, the Second Strategic Plan for Sustainable Development for 2022-2026 (PEDS II) acknowledges, under its social pillar, the persistence of discrimination against LGBTIQ people and the need to address such situation through: (1) the adoption of a specific legislation; (2) collection of relevant data; and (3) capacity-building activities on LGBTIQ people’s rights. Referring to its observation, the Committee notes that a draft legislation elaborated by the National Commission for Human Rights and Citizenship (CNDHC) aims at prohibiting direct, indirect and multiple discrimination, including on the grounds of sexual orientation and gender identity. Observing that the draft anti-discrimination legislation was forwarded to the National Assembly in March 2022, the Committee asks the Government to provide information on any progress made in adopting this legislation and any measures adopted, both in law and practice, to protect all persons against discrimination on the ground of sexual orientation and gender identity in employment and occupation.

Real or perceived HIV/AIDS status. The Committee takes note of the adoption of Law No. 7/X/2022 of 16 May 2022, defining the legal regime for the prevention and comprehensive care of HIV/AIDS, which abrogates Law No. 19/VII/2007. It welcomes the fact, more particularly, that the new legislation acknowledges that discrimination and stigmatisation undermine efforts to prevent and respond to HIV/AIDS, and explicitly prohibits any form of discrimination on the ground of real or perceived HIV status in employment and occupation, as well as the requirement of HIV testing for access to education facilities and employment. All employers, in both the public and private sectors, must ensure that no act of discrimination, stigmatisation or humiliation occurs in the workplace against workers living with HIV/AIDS (sections 11 and 12 of the Law). The Committee notes the Government’s indication that several activities have been organised to raise awareness and disseminate information about the legislation, in particular through local campaigns, social media, and radio and TV spots, in order to prevent and address stigmatisation and discrimination against persons living with HIV/AIDS. The Government adds that specific actions have been implemented to strengthen the institutional capacity and activities of the National Network of people living with HIV/AIDS. Welcoming the efforts made by the Government, the Committee however notes the Government’s statement that more than 90 per cent of persons living with HIV/AIDS are poor and with a low level of education and that this situation tends to worsen as a result of the current economic context. It further notes with concern the Government’s indication that, in 2020, 5 cases of persons living with HIV/AIDS fired or forced to leave their jobs were registered, but that none of them file complaint by fear and shame of stigmatisation from their family and society. The Committee also notes that, in its concluding observations, the Human Rights Committee also expressed concern about reports that persons living with HIV/AIDS continue to face discrimination (CCPR/C/CPV/CO/1/Add.1, 3 December 2019, paragraph 9). The Committee asks to strengthen its efforts in order to ensure that in practice workers are effectively protected against discrimination on the ground of real or perceived HIV status in all aspects of employment and occupation and can access reporting and redress mechanisms. It asks the Government to provide information on: (i) any concrete measures implemented to prevent and address stigmatisation and discrimination on the ground of real or perceived HIV status in employment and occupation, including in collaboration with the National Network of people living with HIV/AIDS; and (ii) the number, nature and outcome of complaints or cases of discrimination on the ground of real or perceived HIV status dealt with by the labour inspectors, the courts or any other competent authorities.

Persons with disabilities. The Committee notes the adoption of Decree-Law No. 56/ 2019 of 31 December 2019 on the selection and recruitment procedures of staff and middle-level management in the public administration, abrogating Decree-Law No. 38/2015, which implements section 30 of Law No. 40/VIII/2013 regarding the mandatory minimum quota of 5 per cent of jobs to be occupied by persons with disability in the public administration (sections 38-40, 54 and 59 of the Decree-Law). It further notes the adoption of Decree-Law No. 21/2019 of 24 May 2019, which provides for the elaboration of programmes with a view to support vocational training and employment of persons with disabilities, through measures aimed at: (1) improving their qualifications; (2) ensuring their integration, maintenance and reintegration into the labour market; and (3) enhancing sheltered work (sections 14 and 15 of the Decree-Law). The Government however states that evaluations have still to be carried out in order to assess the concrete results achieved in relation to the provisions of the Decree-Law. The Committee notes that, in its Second National Report published in 2020, the CNDHC indicates that despite legislative efforts, gaps exist in terms of effective implementation, in particular as a result of: (1) lack of regulations implementing Law No. 40/VIII/2013 which prohibits direct and indirect discrimination against persons with disabilities; and (2) lack of dissemination of information and awareness-raising activities on relevant legislate provisions, including regarding tax benefits for private companies that create jobs for people with disabilities, as provided for under the Tax Benefits Code (Law No. 26/VIII/ 2013 of 21 January 2013, as amended). The CNDHC also highlights reports about persistent discrimination against persons with disabilities, as well as their low level of education, especially due to the lack of appropriate actions to allow their inclusion into education, which certainly has repercussions on their professional level and insertion into employment. Regretting the repeated lack of statistical data available on the number of persons with disabilities hired by the public administration or the private sector, the Committee notes the Government’s indication that it intends to establish a statistical information system in order to determine the socio-economic reality faced by persons with disabilities and identify policies and measures that could better support them. The Committee asks the Government to strengthen its efforts in order to facilitate access to education and vocational training and promote employment opportunities for persons with disabilities, both in the private and public sectors, including by ensuring the effective implementation of Law No. 40/VIII/2013 and its implementing Decree-Laws, in particular concerning employment quotas. It asks the Government to provide information on: (i) any concrete measures implemented in that regard; (ii) the participation rates of men and women with disabilities in education, vocational training and employment, both in the public and private sectors; and (iii) any complaints regarding employment discrimination based on disability dealt with by the labour inspectors, the courts or any other competent authorities, and their outcomes.

Articles 2 and 3. Equality of opportunity and treatment between men and women. The Committee welcomes the adoption of the Parity in Politics Law No. 68/IX/2019 of 28 November 2019 which sets a minimum representation quota of 40 per cent for both men and women in any list of candidates in national and local elections (section 4 of the Law). It further notes the adoption of the National Plan on Gender Equality 2021-2025 (PNIG) which sets as main objective the achievement of women’s autonomy in three areas, including economic autonomy and autonomy in decision-making. In that regard, the Committee notes that the PNIG acknowledges that data suggest that women have more difficulty finding work, despite having a higher level of education which may indicate that they are affected by gender discrimination in accessing the labour market. Furthermore, there are still notable imbalances in specific areas in higher education and vocational training, with low representation of women in engineering, science and technology. In that regard, the Committee notes that the PNIG sets specific actions in order to reduce gender segregation in technical training and higher education, in particular in ICT and STEM areas, and enhancing women’s participation in middle-level management in the public administration and in decision-making position in the private sector. It further notes that the Government Programme for 2021-2025 also provides, under the paradigm “more equality, gender equality and inclusion”, for specific actions in order to promote gender equality, in particular through women's economic empowerment. The Committee notes that, according to the National Institute of Statistics (INE), in 2022, the employment rate of women decreased from 45.5 per cent in 2017 to 43.3 per cent in 2022 (compared to 58.7 per cent for men) and remains particularly low in rural areas (29.2 per cent in 2022). It further notes that the labour market remains highly gender segregated, with women still overrepresented in certain sectors, such as trade (22.3 per cent), hospitality (13.1 per cent), domestic work (12.9 per cent) and education (10.4 per cent), while men are mainly employed in construction (21.6 per cent), agriculture (14.5 per cent), public administration (10.6 per cent) and transport and storage (9.0 per cent) (INE, Continuous Multi-objective Survey – IMC, 2022). The Committee notes that, in its Second National Report, the CNDHC highlights the persistence of deep-rooted patriarchal attitudes and gender stereotypes indicating that women who opted for a professional area where women are traditionally underrepresented often suffer from discrimination facing difficulty in accessing to employment and even in exercising their profession, thus demonstrating that additional actions are needed to address occupational gender segregation. The Committee also notes that, in its concluding observation, the Human Rights Committee expressed similar concern about the persistence of deep-rooted patriarchal attitudes and gender stereotypes (CCPR/C/CPV/CO/1/Add.1, 3 December 2019, paragraph 11). As regards the concentration of women in the informal economy, with low salaries and lack of social protection coverage, the Committee refers to its observation made on the application of the Equal Remuneration Convention, 1951 (No. 100). The Committee asks the Government to strengthen its efforts to address occupational gender segregation and enhance women’s access to employment and to a wider range of jobs and higher level positions, including through measures aimed at combatting patriarchal attitudes and gender stereotypes regarding women’s aspirations, capabilities and role in the society. It asks the Government to provide information on: (i) any measures implemented to encourage girls and women to choose non-traditional fields of study and professions, including in the framework of the National Plan on Gender Equality 2021–25 and the Government Programme for 2021–25; and (ii) the participation of men and women in education, training and employment, both in the public and private sectors, including in the informal economy, disaggregated by sector of the economy.

Domestic workers. The Committee notes that, according to the INE, women remain mostly concentrated in the domestic work sector (12.9 per cent in 2022). It welcomes the Government’s statement that: (1) a guide for domestic workers has been elaborated in collaboration with trade unions and the association of domestic workers; and (2) efforts to regulate domestic work are currently ongoing, with the participation of the ICIEG and the social partners. The Committee further notes that, in their concluding observations, several UN treaty bodies expressed serious concerns about reports of domestic work under exploitative conditions, to which children and women migrant workers are particularly exposed, such workers being victims of abuse and harassment, receiving remuneration below the national average and being excluded from social security protection (CMW/C/CPV/CO/1-3, 2 June 2022, paragraphs 37 and 65; and CCPR/C/CPV/CO/1/Add.1, 3 December 2019, paragraph 25). The Committee refers in that regard to its observation. 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 also asks the Government to provide information on the number, nature and outcome of cases or complaints of discrimination of domestic workers in employment dealt with by the labour inspectors, the courts, or any other competent authorities.

Enforcement. The Committee notes the Government’s indication, that in the context of the Trade for Decent Work Project (T4DW), the IGT is planning to carry out an inspection campaign throughout the national territory on equality and non-discrimination. It however notes that, while the IGT has a free hotline available for receiving complaints and provide guidance to workers, no complaint of discrimination was registered. The Government adds that no judicial decision on discrimination in employment or occupation was found. In that regard, the Committee wishes to recall that where data on claims of discrimination are not available, this may be due to a lack of awareness of the legislative framework or remedies available, as well as a lack of access to enforcement bodies (see 2023 General Survey on Achieving Gender Equality at Work, paragraph 830). 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: (i) any activities undertaken in this regard; (ii) the results of the nationwide inspection campaign on equality and non-discrimination carried out by the General Labour Inspectorate; and (iii) the number of cases of discrimination in employment and occupation dealt with by the labour inspectors, the courts or any other competent authorities, including information on sanctions imposed and remedies granted.