Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Cabo Verde (Ratification: 2020)

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Articles 2 and 5 of the Convention. Effective tripartite consultations. The Committee welcomes the information provided by the Government in its first report. The Committee notes the Government’s indication that tripartite consultations are held within the Social Concertation Council (CCS), composed of representatives of the Government, employers’ organizations and workers’ organizations. In addition, the Committee notes that, according to section 7 of Decree-Law No. 35/93 of 21 June 1993 establishing the CCS, its main tasks include: issuing opinions on matters related to economic and financial policy, employment, working conditions, wage policy and social security; evaluating the effectiveness of the application of labour and social legislation; and proposing legislative measures required to improve the employment and social security systems. The Government reports that tripartite consultations have been held within the CCS on matters related to forced labour, eradication of child labour, the list of the worst forms of child labour, national minimum wages, and collective bargaining, among others. The Government adds that tripartite consultations have also been held within the CCS with regard to national employment measures, such as measures to strengthen active personalized interventions by the employment and vocational training centres and other support structures for the unemployed. In addition, the Committee notes that, in the framework of the Trade for Decent Work (T4DW) project, a number of workshops were held in 2021 and 2022, with a view to strengthening the capacity of the CCS to conduct effective tripartite discussions on international labour standards. The subjects covered by these workshops included: (i) the Committee’s comments on ILO’s fundamental Conventions in the areas of child labour, forced labour, equality and non-discrimination, freedom of association and collective bargaining; (ii) the validation of a study conducted on national law and practice in relation to the principles in the 2014 Protocol to the Forced Labour Convention, 1930; and (iii) discussions on the information to be included in reports to be submitted under article 22 of the ILO Constitution. A number of additional activities are scheduled to be implemented from 2023 to 2025 in the framework of the T4DW project, focusing on building national capacity to hold meaningful discussions on international labour standards, including the organization of a meeting of the CCS to discuss and agree on solutions in relation to the requests made by the Committee in relation to freedom of association and collective bargaining. The Committee requests the Government to provide updated detailed information on the content and the outcome of the tripartite consultations held within the Social Concertation Council (SCC) on all matters concerning international labour standards covered by the Convention, including with regard to questionnaires on items on the agenda of the Conference (Article 5(1)(a)), proposals to be made in connection with the submission of the instruments adopted by the Conference to the National Assembly (Article 5(1)(b)), the re-examination of unratified Conventions and of Recommendations to which effect has not yet been given (Article 5(1)(c)), and reports on ratified Conventions (Article 5(1)(d)), and proposals for denunciation of ratified Conventions (Article 5(1)(e)).

Article 4(1). Administrative support. The Government indicates that administrative support is provided through cooperation and occasionally through technical assistance, whether by email, telephone or other means. The Committee observes that section 11 of Decree-Law 35/93 provides that the CCS shall have administrative autonomy and that the financial means necessary for its functioning shall be provided for in the State budget. Section 12 stipulates that the Ministry of Finance shall provide the CCS with the funds necessary for its establishment and operation. The Committee requests the Government to provide detailed information on the manner in which administrative support is provided in practice for the consultation procedures envisaged by the Convention.

Article 6. Annual report. The Committee requests the Government to communicate information on the manner in which effect is given to this Article of the Convention.