Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. Articles 3 and 4 of the Convention. In its previous comments, the Committee pointed out that under section 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 this connection, the Committee takes note of the information supplied by the Government in its report, to the effect that the provisions of section 6(2) of Decree No. 114/82 of 22 December 1982, under which reciprocity is not required in respect of nationals of countries that have ratified an international convention, also apply to the compulsory insurance scheme for industrial accidents. It however hopes that, in order to avoid any ambiguity, the Government will have no difficulty in taking the necessary steps to amend section 3 of Legislative Decree No. 84/78 so that it explicitly provides for equal treatment in respect of compensation for industrial accidents for all nationals of countries that have ratified the present Convention, without it being conditional upon residence and irrespective of any reciprocity agreement concluded in this regard.

2. Article 5. (a) Branch (g): employment injury benefit. With reference to its previous comments concerning Legislative Decree No. 84/78 mentioned above which, contrary to this provision of the Convention, does not provide for the payment of employment injury benefit in the event of residence abroad, the Committee notes the Government's statement that it plans to examine the necessary amendments. The Committee hopes that it will be possible for Legislative Decree No. 84/78 to be amended in the near future so that it gives full effect to Article 5 of the Convention.

(b) 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, the Committee notes from the Government's report that the competent department is to examine the situation and gather the necessary information. It therefore hopes that the Government will be able to supply the information requested in its next report.

3. The Committee refers to its previous comments concerning Article 6 (payment of family allowances in respect of children who reside abroad), Article 7 (maintenance of acquired rights and rights in course of acquisition), Article 10 (application of the Convention to refugees and stateless persons) and Article 11 (administrative assistance). It hopes that, in accordance with the assurances given in its report, the Government will not fail to provide detailed information on the measures that have been taken or are envisaged to ensure the application of these provisions of the Convention.