Demande directe (CEACR) - adoptée 2004, publiée 93ème session CIT (2005)

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:

The Committee notes that according to information supplied by the Government there have been no amendments to legislation concerning this Convention. The situation described by the Government in its previous report remains unchanged. The Committee hopes that in its next report the Government will be able to indicate the adoption of measures aimed at ensuring improved application of the Convention. In this regard, it recalls the following points raised in its previous direct request.

1. Article 2 of the Convention. In previous comments the Committee pointed out that section 3(3) of Legislative Decree No. 84/78 to establish compulsory insurance for industrial accidents, which excludes from its scope foreign workers who are employed temporarily in Cape Verde by a foreign enterprise, does not fully comply with the requirements of the Convention. Article 2 does allow the conclusion of special agreements between Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member; however, a blanket exclusion is contrary to the provisions of the Convention.

In reply, the Government explains that under section 11(4) of the Constitution of the Republic of Cape Verde the provisions of international agreements take precedence over domestic law. The Government therefore considers that it can conclude special agreements of the type provided under Article 2 of the Convention without repealing section 3 of Legislative Decree 84/78. The Committee notes this information. It points out that its comments applied to the need to amend section 3(3) of the Decree in order to delete any reference to a blanket exclusion of foreign workers who are employed temporarily in Cape Verde by a foreign enterprise in the scope of the Decree and hence the compulsory insurance protection against occupational accidents. The Committee therefore suggests that the Government should supplement section 3(3) of the Decree by a provision stipulating that exclusion of these workers from the scope of the Decree is allowed only subject to the prior conclusion of special agreements between Cape Verde and the Members concerned. The Committee also refers to its comments under Articles 3 and 4 of the Equality of Treatment (Social Security) Convention, 1962 (No. 118).

2. The Committee also notes the Government’s statement that statistical information is not yet available. It requests the Government to provide information on any progress made in this respect.