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

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret 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:

Articles 6 and 7 of the Convention and Part V of the report form. Statistical data on migratory flows. In reply to the Committee’s previous comments, the Government indicates that it is currently cooperating with the ILO in the project of labour migration for development and integration in West Africa. Under the project, a compilation of statistical data on migratory flows is being prepared, particularly in regard to foreigners working in the country and to Cape Verdeans working abroad. The Government states that, apart from member countries of the Economic Community of West African States (ECOWAS), there are Cape Verdeans working in Europe and North America. The Committee hopes that the Government will be able to supply shortly the statistical data requested in Part V of the report form on the application of the Convention on the number and nationality of foreign workers, stateless workers and refugees in Cape Verde as well as on the number of Cape Verde nationals working in each foreign country concerned. Please also specify with which foreign countries that have migratory flows with Cape Verde the Government intends to conclude bilateral conventions for the purpose of giving full effect to Articles 6 and 7 of the Convention.

Article 10. Application of the Convention to refugees and stateless persons. In its previous comments, the Committee requested the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a provision expressly extending its application to refugees and stateless persons, in conformity with Article 10 of the Convention. The Government replied that the Convention applies to refugees and stateless persons by virtue of sections 24 and 38 of the Constitution of Cape Verde, 1999, read in conjunction with Act No. 99/V/99 of 19 April 1999 establishing the legal regime of asylum and the status of refugees. Section 24(1) of the Constitution affords foreigners and stateless persons residing in Cape Verde the same rights as Cape Verdean citizens, with the exception of rights which are specifically reserved by the law to Cape Verdean citizens. Section 38 of the Constitution stipulates that the status of political refugee shall be determined by the law. Section 8(1) of Act No. 99/V/99 confers on refugees the same rights as foreigners residing in Cape Verde. On this matter, the Government refers to section 2 of Legislative Decree No. 5/2004 of 16 February 2004 under which foreign workers exercising an occupation in Cape Verde are covered by compulsory social protection. Given that the compulsory social protection system does not include benefits for industrial accidents and occupational diseases (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee draws the Government’s attention once again to the need to amend Legislative Decree No. 84/78 in order to give effect to Article 10 of the Convention and ensure the application of Articles 3, 4 and 5 of the Convention to refugees and stateless persons in regard to branch (g).

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous comments, the Committee notes the information contained in the Government’s report received in October 2005 and the communication of the Cape Verde Confederation of Free Trade Unions (CCSL) forwarded by the Office to the Government in November 2004. In this communication, the CCSL indicates important changes made in the social security system for dependent workers by the adoption of Legislative Decree No. 5/2004 of 16 February 2004, which was promulgated by the Government without prior consultation with the social partners. The Committee notes that the revision of the social security system undertaken by the Government seems to have no impact on Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents which has since been the subject of comments by the Committee.

Branch (g) (benefits for industrial accidents and occupational disease). Articles 3 and 4 of the Convention. In its previous comments, the Committee requested the Government to amend explicitly section 3(3) of Legislative Decree No. 84/78 of 22 September 1978 establishing the system of compulsory insurance against industrial accidents, which subjects equality of treatment of foreign workers working in Cape Verde to a condition of reciprocity, whereas Articles 3 and 4 of the Convention provide for an automatic system of reciprocity for States that have ratified the instrument. In reply, the Government promises that these amendments will be the subject of consultations with the social partners and be included in the current general revision process of labour legislation with the adoption of the new Labour Code.

The Committee notes this commitment by the Government and requests it to specify to what extent the amendment of Legislative Decree No. 84/78 concerns the general revision of labour legislation, given that the Labour Code currently in force does not cover matters pertaining to insurance against industrial accidents nor the social security of workers in general. As for the Government’s intention to consult the social partners, the Committee notes from the social partners’ comments included in the Government’s report that the National Union of Cape Verde Workers (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL) support the revision of section 3(3) of Legislative Decree No. 84/78 which is in accordance with the provisions of the Convention. The Committee requests the Government to indicate the employers’ and workers’ organizations which the Government intends to consult and in what time frame, given that it does not specify the employers’ and workers’ organizations to which it supplied copies of its report, in accordance with article 23, paragraph 2, of the ILO Constitution. Finally, the Committee recalls that in 1999 the Government indicated that internal discussions had reached total consensus on the need to amend Legislative Decree No. 84/78, but that no amendment has been made. The Committee is therefore bound to ask the Government once again to take the measures necessary, as soon as possible, to bring section 3(3) of Legislative Decree No. 84/78 into full conformity with the Convention.

Article 5. In its previous comments, the Committee asked the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a specific provision providing the granting of benefits for employment injuries when the persons concerned are resident abroad in order to give full effect to Article 5 (branch (g)) of the Convention. The Committee notes that according to section 7 of Legislative Decree No. 5/2004 of 16 February 2004, beneficiaries of compulsory social protection maintain their right to cash benefits when they transfer their residence abroad, subject to the provisions established by the law and the applicable international instruments. Since the compulsory social protection system does not include benefits for employment injury, which are covered by separate regulations (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee trusts that the Government will not fail to apply the same principle of maintaining rights in the event of residence abroad also in regard to the granting of benefits for employment injury in law as well as in practice. With regard to the situation in law, the Committee considers that the application of article 11(4) of the Constitution of Cape Verde establishing the supremacy of international conventions over any national legislation requires that Legislative Decree No. 84/78 be brought specifically into conformity with Article 5 of the Convention in order to avoid any ambiguity in legislation and its practical application. Not having received from the Government the information requested on the internal regulations laying down procedures giving effect in practice to this constitutional principle in the light of Convention No. 118, the Committee also requests the Government to supply information showing the effective transfer by the National Social Security Institute or another relevant institute of the amounts of benefits for employment injury to beneficiaries residing abroad.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret 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:

Articles 6 and 7 of the Convention and Part V of the report form. In reply to the Committee’s previous comments, the Government indicates that it is currently cooperating with the ILO in the project of labour migration for development and integration in West Africa. Under the project, a compilation of statistical data on migratory flows is being prepared, particularly in regard to foreigners working in the country and to Cape Verdeans working abroad. The Government states that, apart from member countries of the Economic Community of West African States (ECOWAS), there are Cape Verdeans working in Europe and North America. The Committee hopes that the Government will be able to supply shortly the statistical data requested in Part V of the report form on the application of the Convention on the number and nationality of foreign workers, stateless workers and refugees in Cape Verde as well as on the number of Cape Verde nationals working in each foreign country concerned. Please also specify with which foreign countries that have migratory flows with Cape Verde the Government intends to conclude bilateral conventions for the purpose of giving full effect to Articles 6 and 7 of the Convention.

Article 10. In its previous comments, the Committee requested the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a provision expressly extending its application to refugees and stateless persons, in conformity with Article 10 of the Convention. The Government replied that the Convention applies to refugees and stateless persons by virtue of sections 24 and 38 of the Constitution of Cape Verde, 1999, read in conjunction with Act No. 99/V/99 of 19 April 1999 establishing the legal regime of asylum and the status of refugees. Section 24(1) of the Constitution affords foreigners and stateless persons residing in Cape Verde the same rights as Cape Verdean citizens, with the exception of rights which are specifically reserved by the law to Cape Verdean citizens. Section 38 of the Constitution stipulates that the status of political refugee shall be determined by the law. Section 8(1) of Act No. 99/V/99 confers on refugees the same rights as foreigners residing in Cape Verde. On this matter, the Government refers to section 2 of Legislative Decree No. 5/2004 of 16 February 2004 under which foreign workers exercising an occupation in Cape Verde are covered by compulsory social protection. Given that the compulsory social protection system does not include benefits for industrial accidents and occupational diseases (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee draws the Government’s attention once again to the need to amend Legislative Decree No. 84/78 in order to give effect to Article 10 of the Convention and ensure the application of Articles 3, 4 and 5 of the Convention to refugees and stateless persons in regard to branch (g).

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

With reference to its previous comments, the Committee notes the information contained in the Government’s report received in October 2005 and the communication of the Cape Verde Confederation of Free Trade Unions (CCSL) forwarded by the Office to the Government in November 2004. In this communication, the CCSL indicates important changes made in the social security system for dependent workers by the adoption of Legislative Decree No. 5/2004 of 16 February 2004, which was promulgated by the Government without prior consultation with the social partners. The Committee notes that the revision of the social security system undertaken by the Government seems to have no impact on Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents which has since been the subject of comments by the Committee.

Branch (g) (benefits for industrial accidents and occupational disease). Articles 3 and 4 of the Convention. In its previous comments, the Committee requested the Government to amend explicitly section 3(3) of Legislative Decree No. 84/78 of 22 September 1978 establishing the system of compulsory insurance against industrial accidents, which subjects equality of treatment of foreign workers working in Cape Verde to a condition of reciprocity, whereas Articles 3 and 4 of the Convention provide for an automatic system of reciprocity for States that have ratified the instrument. In reply, the Government promises that these amendments will be the subject of consultations with the social partners and be included in the current general revision process of labour legislation with the adoption of the new Labour Code.

The Committee notes this commitment by the Government and requests it to specify to what extent the amendment of Legislative Decree No. 84/78 concerns the general revision of labour legislation, given that the Labour Code currently in force does not cover matters pertaining to insurance against industrial accidents nor the social security of workers in general. As for the Government’s intention to consult the social partners, the Committee notes from the social partners’ comments included in the Government’s report that the National Union of Cape Verde Workers (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL) support the revision of section 3(3) of Legislative Decree No. 84/78 which is in accordance with the provisions of the Convention. The Committee requests the Government to indicate the employers’ and workers’ organizations which the Government intends to consult and in what time frame, given that it does not specify the employers’ and workers’ organizations to which it supplied copies of its report, in accordance with article 23, paragraph 2, of the ILO Constitution. Finally, the Committee recalls that in 1999 the Government indicated that internal discussions had reached total consensus on the need to amend Legislative Decree No. 84/78, but that no amendment has been made. The Committee is therefore bound to ask the Government once again to take the measures necessary, as soon as possible, to bring section 3(3) of Legislative Decree No. 84/78 into full conformity with the Convention.

Article 5. In its previous comments, the Committee asked the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a specific provision providing the granting of benefits for employment injuries when the persons concerned are resident abroad in order to give full effect to Article 5 (branch (g)) of the Convention. The Committee notes that according to section 7 of Legislative Decree No. 5/2004 of 16 February 2004, beneficiaries of compulsory social protection maintain their right to cash benefits when they transfer their residence abroad, subject to the provisions established by the law and the applicable international instruments. Since the compulsory social protection system does not include benefits for employment injury, which are covered by separate regulations (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee trusts that the Government will not fail to apply the same principle of maintaining rights in the event of residence abroad also in regard to the granting of benefits for employment injury in law as well as in practice. With regard to the situation in law, the Committee considers that the application of article 11(4) of the Constitution of Cape Verde establishing the supremacy of international conventions over any national legislation requires that Legislative Decree No. 84/78 be brought specifically into conformity with Article 5 of the Convention in order to avoid any ambiguity in legislation and its practical application. Not having received from the Government the information requested on the internal regulations laying down procedures giving effect in practice to this constitutional principle in the light of Convention No. 118, the Committee also requests the Government to supply information showing the effective transfer by the National Social Security Institute or another relevant institute of the amounts of benefits for employment injury to beneficiaries residing abroad.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

Articles 6 and 7 of the Convention and Part V of the report form. In reply to the Committee’s previous comments, the Government indicates that it is currently cooperating with the ILO in the project of labour migration for development and integration in West Africa. Under the project, a compilation of statistical data on migratory flows is being prepared, particularly in regard to foreigners working in the country and to Cape Verdeans working abroad. The Government states that, apart from member countries of the Economic Community of West African States (ECOWAS), there are Cape Verdeans working in Europe and North America. The Committee hopes that the Government will be able to supply shortly the statistical data requested in Part V of the report form on the application of the Convention on the number and nationality of foreign workers, stateless workers and refugees in Cape Verde as well as on the number of Cape Verde nationals working in each foreign country concerned. Please also specify with which foreign countries that have migratory flows with Cape Verde the Government intends to conclude bilateral conventions for the purpose of giving full effect to Articles 6  and 7 of the Convention.

Article 10. In its previous comments, the Committee requested the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a provision expressly extending its application to refugees and stateless persons, in conformity with Article 10 of the Convention. The Government replied that the Convention applies to refugees and stateless persons by virtue of sections 24 and 38 of the Constitution of Cape Verde, 1999, read in conjunction with Act No. 99/V/99 of 19 April 1999 establishing the legal regime of asylum and the status of refugees. Section 24(1) of the Constitution affords foreigners and stateless persons residing in Cape Verde the same rights as Cape Verdean citizens, with the exception of rights which are specifically reserved by the law to Cape Verdean citizens. Section 38 of the Constitution stipulates that the status of political refugee shall be determined by the law. Section 8(1) of Act No. 99/V/99 confers on refugees the same rights as foreigners residing in Cape Verde. On this matter, the Government refers to section 2 of Legislative Decree No. 5/2004 of 16 February 2004 under which foreign workers exercising an occupation in Cape Verde are covered by compulsory social protection. Given that the compulsory social protection system does not include benefits for industrial accidents and occupational diseases (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee draws the Government’s attention once again to the need to amend Legislative Decree No. 84/78 in order to give effect to Article 10 of the Convention and ensure the application of Articles 3, 4 and 5 of the Convention to refugees and stateless persons in regard to branch (g).

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

With reference to its previous comments, the Committee notes the information contained in the Government’s report received in October 2005 and the communication of the Cape Verde Confederation of Free Trade Unions (CCSL) forwarded by the Office to the Government in November 2004. In this communication, the CCSL indicates important changes made in the social security system for dependent workers by the adoption of Legislative Decree No. 5/2004 of 16 February 2004, which was promulgated by the Government without prior consultation with the social partners. The Committee notes that the revision of the social security system undertaken by the Government seems to have no impact on Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents which has since been the subject of comments by the Committee.

Branch (g) (benefits for industrial accidents and occupational disease). In its previous comments, the Committee requested the Government to amend explicitly section 3(3) of Legislative Decree No. 84/78 of 22 September 1978 establishing the system of compulsory insurance against industrial accidents, which subjects equality of treatment of foreign workers working in Cape Verde to a condition of reciprocity, whereas Articles 3 and 4 of the Convention provide for an automatic system of reciprocity for States that have ratified the instrument. In reply, the Government promises that these amendments will be the subject of consultations with the social partners and be included in the current general revision process of labour legislation with the adoption of the new Labour Code.

The Committee notes this promise by the Government and requests it to specify to what extent the amendment of Legislative Decree No. 84/78 concerns the general revision of labour legislation, given that the Labour Code currently in force does not cover matters pertaining to insurance against industrial accidents nor the social security of workers in general. As for the Government’s intention to consult the social partners, the Committee notes from the social partners’ comments included in the Government’s report that the National Union of Cape Verde Workers (UNTC–CS) and the Cape Verde Confederation of Free Trade Unions (CCSL) support the revision of section 3(3) of Legislative Decree No. 84/78 which is in accordance with the provisions of the Convention. The Committee requests the Government to indicate the employers’ and workers’ organizations which the Government intends to consult and in what time frame, given that it does not specify the employers’ and workers’ organizations to which it supplied copies of its report, in accordance with article 23, paragraph 2, of the ILO Constitution. Finally, the Committee recalls that in 1999 the Government indicated that internal discussions had reached total consensus on the need to amend Legislative Decree No. 84/78, but that no amendment has been made. The Committee is therefore bound to ask the Government once again to take the measures necessary, as soon as possible, to bring section 3(3) of Legislative Decree No. 84/78 into full conformity with the Convention.

Article 5. In its previous comments, the Committee asked the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a specific provision providing the granting of benefits for employment injuries when the persons concerned are resident abroad in order to give full effect to Article 5 (branch (g)) of the Convention. The Committee notes that according to section 7 of Legislative Decree No. 5/2004 of 16 February 2004, beneficiaries of compulsory social protection maintain their right to cash benefits when they transfer their residence abroad, subject to the provisions established by the law and the applicable international instruments. Since the compulsory social protection system does not include benefits for employment injury, which are covered by separate regulations (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee trusts that the Government will not fail to apply the same principle of maintaining rights in the event of residence abroad also in regard to the granting of benefits for employment injury in law as well as in practice. With regard to the situation in law, the Committee considers that the application of article 11(4) of the Constitution of Cape Verde establishing the supremacy of international conventions over any national legislation requires that Legislative Decree No. 84/78 be brought specifically into conformity with Article 5 of the Convention in order to avoid any ambiguity in legislation and its practical application. Not having received from the Government the information requested on the internal regulations laying down procedures giving effect in practice to this constitutional principle in the light of Convention No. 118, the Committee also requests the Government to supply information showing the effective transfer by the National Social Security Institute or another relevant institute of the amounts of benefits for employment injury to beneficiaries residing abroad.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Articles 6 and 7 of the Convention and Part V of the report form. In reply to the Committee’s previous comments, the Government indicates that it is currently cooperating with the ILO in the project of labour migration for development and integration in West Africa. Under the project, a compilation of statistical data on migratory flows is being prepared, particularly in regard to foreigners working in the country and to Cape Verdeans working abroad. The Government states that, apart from member countries of the Economic Community of West African States (ECOWAS), there are Cape Verdeans working in Europe and North America. The Committee hopes that the Government will be able to supply shortly the statistical data requested in Part V of the report form on the application of the Convention on the number and nationality of foreign workers, stateless workers and refugees in Cape Verde as well as on the number of Cape Verde nationals working in each foreign country concerned. Please also specify with which foreign countries that have migratory flows with Cape Verde the Government intends to conclude bilateral conventions for the purpose of giving full effect to Articles 6  and 7 of the Convention.

Article 10. In its previous comments, the Committee requested the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a provision expressly extending its application to refugees and stateless persons, in conformity with Article 10 of the Convention. The Government replied that the Convention applies to refugees and stateless persons by virtue of sections 24 and 38 of the Constitution of Cape Verde, 1999, read in conjunction with Act
No. 99/V/99 of 19 April 1999 establishing the legal regime of asylum and the status of refugees. Section 24(1) of the Constitution affords foreigners and stateless persons residing in Cape Verde the same rights as Cape Verdean citizens, with the exception of rights which are specifically reserved by the law to Cape Verdean citizens. Section 38 of the Constitution stipulates that the status of political refugee shall be determined by the law. Section 8(1) of Act No. 99/V/99 confers on refugees the same rights as foreigners residing in Cape Verde. On this matter, the Government refers to section 2 of Legislative Decree No. 5/2004 of 16 February 2004 under which foreign workers exercising an occupation in Cape Verde are covered by compulsory social protection. Given that the compulsory social protection system does not include benefits for industrial accidents and occupational diseases (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee draws the Government’s attention once again to the need to amend Legislative Decree No. 84/78 in order to give effect to Article 10 of the Convention and ensure the application of Articles 3, 4 and 5 of the Convention to refugees and stateless persons in regard to branch (g).

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

With reference to its previous comments, the Committee notes the information contained in the Government’s report received in October 2005 and the communication of the Cape Verde Confederation of Free Trade Unions (CCSL) forwarded by the Office to the Government in November 2004. In this communication, the CCSL indicates important changes made in the social security system for dependent workers by the adoption of Legislative Decree No. 5/2004 of 16 February 2004, which was promulgated by the Government without prior consultation with the social partners. The Committee notes that the revision of the social security system undertaken by the Government seems to have no impact on Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents which has since been the subject of comments by the Committee.

Branch (g) (benefits for industrial accidents and occupational disease). In its previous comments, the Committee requested the Government to amend explicitly section 3(3) of Legislative Decree No. 84/78 of 22 September 1978 establishing the system of compulsory insurance against industrial accidents, which subjects equality of treatment of foreign workers working in Cape Verde to a condition of reciprocity, whereas Articles 3 and 4 of the Convention provide for an automatic system of reciprocity for States that have ratified the instrument. In reply, the Government promises that these amendments will be the subject of consultations with the social partners and be included in the current general revision process of labour legislation with the adoption of the new Labour Code.

The Committee notes this promise by the Government and requests it to specify to what extent the amendment of Legislative Decree No. 84/78 concerns the general revision of labour legislation, given that the Labour Code currently in force does not cover matters pertaining to insurance against industrial accidents nor the social security of workers in general. As for the Government’s intention to consult the social partners, the Committee notes from the social partners’ comments included in the Government’s report that the National Union of Cape Verde Workers (UNTC-CS) and the Cape Verde Confederation of Free Trade Unions (CCSL) support the revision of section 3(3) of Legislative Decree No. 84/78 which is in accordance with the provisions of the Convention. The Committee requests the Government to indicate the employers’ and workers’ organizations which the Government intends to consult and in what time frame, given that it does not specify the employers’ and workers’ organizations to which it supplied copies of its report, in accordance with article 23, paragraph 2, of the ILO Constitution. Finally, the Committee recalls that in 1999 the Government indicated that internal discussions had reached total consensus on the need to amend Legislative Decree No. 84/78, but that no amendment has been made. The Committee is therefore bound to ask the Government once again to take the measures necessary, as soon as possible, to bring section 3(3) of Legislative Decree No. 84/78 into full conformity with the Convention.

Article 5. In its previous comments, the Committee asked the Government to incorporate in Legislative Decree No. 84/78 of 22 September 1978 a specific provision providing the granting of benefits for employment injuries when the persons concerned are resident abroad in order to give full effect to Article 5 (branch (g)) of the Convention. The Committee notes that according to section 7 of Legislative Decree No. 5/2004 of 16 February 2004, beneficiaries of compulsory social protection maintain their right to cash benefits when they transfer their residence abroad, subject to the provisions established by the law and the applicable international instruments. Since the compulsory social protection system does not include benefits for employment injury, which are covered by separate regulations (sections 17 and 18(3) of Legislative Decree No. 5/2004), the Committee trusts that the Government will not fail to apply the same principle of maintaining rights in the event of residence abroad also in regard to the granting of benefits for employment injury in law as well as in practice. With regard to the situation in law, the Committee considers that the application of article 11(4) of the Constitution of Cape Verde establishing the supremacy of international conventions over any national legislation requires that Legislative Decree No. 84/78 be brought specifically into conformity with Article 5 of the Convention in order to avoid any ambiguity in legislation and its practical application. Not having received from the Government the information requested on the internal regulations laying down procedures giving effect in practice to this constitutional principle in the light of Convention No. 118, the Committee also requests the Government to supply information showing the effective transfer by the National Social Security Institute or another relevant institute of the amounts of benefits for employment injury to beneficiaries residing abroad.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

The Committee notes that, according to the information supplied by the Government, legislation on the subject of this Convention has not been amended. The situation described by the Government in its previous reports remains unchanged. The Committee hopes that in its next report the Government will indicate the adoption of measures designed to provide improved application of the Convention. It reiterates the points raised in its previous direct request which read as follows.

In reply to the Committee’s previous comments, the Government indicates that following internal discussions there is a total consensus regarding the need to amend Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, as well as the social security system as a whole. As regards the discrepancies between the said Decree and the provisions of the Convention pointed out by the Committee, the Government recalls that, according to section 11(4) of the Cape Verde Constitution, Conventions take precedence over all national legislations.

The Committee notes this information with interest. It expresses the hope that during revision of the abovementioned Decree, and in order to avoid any ambiguity in legislation, the Government will have no difficulty in bringing the provisions into full conformity with those of the Convention, particularly:

(i)  by amending explicitly section 3(3) of the Decree which subordinates equality of treatment of foreign workers engaged in an occupational activity in Cape Verde to the condition of reciprocity, contrary to Articles 3 and 4 of the Convention which provide for an automatic system of reciprocity for States that have ratified this instrument;

(ii)  by incorporating in the Decree an express provision stipulating the provision of benefits for occupational accidents and illnesses in the event of residence abroad of the person concerned, in order to give full effect to Article 5 in relation to branch (g) of the Convention (employment injury benefit); and

(iii)  by adopting provisions extending expressly the application of the Convention to refugees and stateless persons, in accordance with Article 10.

Meanwhile, the Committee requests the Government once again to supply information on the legislative provisions and procedures implementing in practice the abovementioned constitutional principle, for example, internal regulations or administrative circulars of the National Social Security Institute. Similarly, it expresses the hope that the Government will continue to supply information on any new bilateral convention concluded with other States with which it has migratory flows for the purpose of giving full effect to Articles 6 and 7 of the Convention. Finally, noting that the Government cannot currently supply statistics on the number and nationality of foreign workers, stateless persons and refugees in Cape Verde, as requested in previous comments in accordance with Part V of the report form on the Convention, the Committee expresses the hope that the Government will be in a position to collect such data and supply them in its next report. It would be grateful also to have statistics on the number of Cape Verde nationals working abroad, with an indication of the countries in which they are working.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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 the information supplied by the Government, legislation on the subject of this Convention has not been amended. The situation described by the Government in its previous reports remains unchanged. The Committee hopes that in its next report the Government will indicate the adoption of measures designed to provide improved application of the Convention. It reiterates the points raised in its previous direct request which read as follows.

In reply to the Committee’s previous comments, the Government indicates that following internal discussions there is a total consensus regarding the need to amend Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, as well as the social security system as a whole. As regards the discrepancies between the said Decree and the provisions of the Convention pointed out by the Committee, the Government recalls that, according to section 11(4) of the Cape Verde Constitution, Conventions take precedence over all national legislations.

The Committee notes this information with interest. It expresses the hope that during revision of the abovementioned Decree, and in order to avoid any ambiguity in legislation, the Government will have no difficulty in bringing the provisions into full conformity with those of the Convention, particularly:

(i)  by amending explicitly section 3(3) of the Decree which subordinates equality of treatment of foreign workers engaged in an occupational activity in Cape Verde to the condition of reciprocity, contrary to Articles 3 and 4 of the Convention which provide for an automatic system of reciprocity for States that have ratified this instrument;

(ii)  by incorporating in the Decree an express provision stipulating the provision of benefits for occupational accidents and illnesses in the event of residence abroad of the person concerned, in order to give full effect to Article 5 in relation to branch (g) of the Convention (employment injury benefit); and

(iii)  by adopting provisions extending expressly the application of the Convention to refugees and stateless persons, in accordance with Article 10.

Meanwhile, the Committee requests the Government once again to supply information on the legislative provisions and procedures implementing in practice the abovementioned constitutional principle, for example, internal regulations or administrative circulars of the National Social Security Institute. Similarly, it expresses the hope that the Government will continue to supply information on any new bilateral convention concluded with other States with which it has migratory flows for the purpose of giving full effect to Articles 6 and 7 of the Convention. Finally, noting that the Government cannot currently supply statistics on the number and nationality of foreign workers, stateless persons and refugees in Cape Verde, as requested in previous comments in accordance with Part V of the report form on the Convention, the Committee expresses the hope that the Government will be in a position to collect such data and supply them in its next report. It would be grateful also to have statistics on the number of Cape Verde nationals working abroad, with an indication of the countries in which they are working.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that, according to the information supplied by the Government, legislation on the subject of this Convention has not been amended. The situation described by the Government in its previous reports remains unchanged. The Committee hopes that in its next report the Government will indicate the adoption of measures designed to provide improved application of the Convention. It reiterates the points raised in its previous direct request which read as follows.

In reply to the Committee’s previous comments, the Government indicates that following internal discussions there is a total consensus regarding the need to amend Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, as well as the social security system as a whole. As regards the discrepancies between the said Decree and the provisions of the Convention pointed out by the Committee, the Government recalls that, according to section 11(4) of the Cape Verde Constitution, Conventions take precedence over all national legislations.

The Committee notes this information with interest. It expresses the hope that during revision of the abovementioned Decree, and in order to avoid any ambiguity in legislation, the Government will have no difficulty in bringing the provisions into full conformity with those of the Convention, particularly:

(i)  by amending explicitly section 3(3) of the Decree which subordinates equality of treatment of foreign workers engaged in an occupational activity in Cape Verde to the condition of reciprocity, contrary to Articles 3 and 4 of the Convention which provide for an automatic system of reciprocity for States that have ratified this instrument;

(ii)  by incorporating in the Decree an express provision stipulating the provision of benefits for occupational accidents and illnesses in the event of residence abroad of the person concerned, in order to give full effect to Article 5 in relation to branch (g) of the Convention (employment injury benefit); and

(iii)  by adopting provisions extending expressly the application of the Convention to refugees and stateless persons, in accordance with Article 10.

Meanwhile, the Committee requests the Government once again to supply information on the legislative provisions and procedures implementing in practice the abovementioned constitutional principle, for example, internal regulations or administrative circulars of the National Social Security Institute. Similarly, it expresses the hope that the Government will continue to supply information on any new bilateral convention concluded with other States with which it has migratory flows for the purpose of ­­­giving full effect to Articles 6 and 7 of the Convention. Finally, noting that the Government cannot currently supply statistics on the number and nationality of foreign workers, stateless persons and refugees in Cape Verde, as requested in previous comments in accordance with Part V of the report form on the Convention, the Committee expresses the hope that the Government will be in a position to collect such data and supply them in its next report. It would be grateful also to have statistics on the number of Cape Verde nationals working abroad, with an indication of the countries in which they are working.

[The Government is requested to report in detail in 2002.]

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

In reply to the Committee's previous comments, the Government indicates that following internal discussions there is a total consensus regarding the need to amend Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, as well as the social security system as a whole. As regards the discrepancies between the said Decree and the provisions of the Convention pointed out by the Committee, the Government recalls that, according to section 11(4) of the Cape Verde Constitution, Conventions take precedence over all national legislation.

The Committee notes this information with interest. It hopes that in revising the abovementioned Decree and in order to avoid any ambiguity in law, the Government would have no difficulty in bringing the provisions of the Decree into conformity with the Convention, in particular, by:

(1) explicitly amending section 3(3) of the Decree which subjects equality of treatment of foreign workers engaged in an occupational activity in Cape Verde to the condition of reciprocity, contrary to Articles 3 and 4 of the Convention which establish an automatic system of reciprocity for the ratifying States;

(2) including in the Decree an express provision for the payment of employment injury benefit in the event of residence abroad, so as to give full effect to Article 5 (branch (g) -- employment injury benefit) of the Convention; and

(3) adopting provisions expressly extending the application of the Convention to refugees and stateless persons, in accordance with Article 10.

In the meantime, the Committee once again would like the Government to supply information on the provisions of law and procedures giving effect to the abovementioned constitutional principle with respect to Convention No. 118 in practice, such as, for example, internal rules or administrative circulars of the National Institute of Social Security. It also hopes that the Government would continue to supply information on any new bilateral agreements with other States with which there are migratory flows, with a view to giving better effect to Articles 6 and 7 of the Convention. Finally, noting that the Government does not have at the moment the statistical data on the number and nationality of foreign workers, stateless persons and refugees in Cape Verde, which was requested in its previous comments in accordance with Part V of the report form on the Convention, the Committee hopes that the Government would be able to collect such data and to provide the same in its next report. It would also appreciate receiving statistics on the number of Cape Verde nationals working abroad, and the countries where they are working.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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:

Articles 3 and 4 of the Convention. The Committee has previously pointed out that under section 3(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 reply, the Government states that section 11(4) of the Cape Verde Constitution implicitly provides that all nationals of countries which ratify Convention No. 118 shall enjoy equal treatment regarding workers' compensation, without condition of residence and irrespective of the conclusion of reciprocal agreements, and thereby implies that the relevant part of section 3(3) of Legislative Decree No. 84/78 is revoked. Moreover, according to the Government, Conventions take precedence over all national legislation, and Convention No. 118 would therefore override section 3(3) of Legislative Decree No. 84/78. Furthermore, the Government states that nationals of all member States in which the Convention is in force shall enjoy all the benefits provided to Cape Verde nationals, and shall have the same obligations; and that survivors' benefits are granted to the survivors of citizens of a member State for which the Convention is in force, irrespective of the survivor's nationality. The Committee notes this information. It would like the Government to supply further information on the sources of law, such as administrative circulars of the National Institute of Social Security (INSS), which implement this constitutional principle, as well as a copy of the relevant legal provisions. It also trusts that the Government will have no difficulty explicitly amending section 3(3) of Legislative Decree No. 84/78, in order to avoid any ambiguity. It would appreciate being kept informed of any progress in this respect.

See also the direct request (1996) pertaining to Article 2 of the Equality of Treatment (Accidents) Convention, 1925 (No. 19) concerning section 3(3) of Legislative Decree No. 84/78.

Article 5. (a) Branch (g) (employment injury benefit). The Committee has previously pointed out that the above-mentioned Legislative Decree No. 84/78 does not provide for the payment of employment injury benefit in the event of residence abroad, contrary to Article 5 of the Convention. In reply, the Government states that national legislation does provide for the granting of benefit in the country of residence; that the machinery for guaranteeing payment of benefit abroad includes bilateral agreements (with France, Italy, Luxembourg, Netherlands, Portugal and Sweden); and that direct payments of cash benefits are made through banking services and other methods. The Committee notes this information. It requests a copy of the relevant law or administrative circulars of the INSS and further information on their application in practice.

(b) The Committee notes that the Government's report does not contain the requested information 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. It again hopes that the Government will be able to supply in its next report the information requested.

Article 6. Further to the previous comments of the Committee, the Government states that payment of allowances is guaranteed, in accordance with the agreements concluded, to the children of nationals of all other signatory member States residing in the territory of one of these States. The family benefit is granted in accordance with the legislation of the country where the migrant works, with the exception of France, where a schedule similar to the amount paid in the country of residence of the children is applicable. The Committee notes this information. It would like the Government to supply further information on any progress made in concluding bilateral agreements with other States which have accepted branch (i) and with which there are migratory flows.

Article 7. In reply to previous comments, the Government states that the social insurance legislation of Cape Verde provides for the maintenance of acquired rights or rights in the course of acquisition of nationals and citizens of countries in which the Convention is in force, in respect of all the branches contained in the material scope of the Convention. The social security agreements concluded with other States contain the principle of totalization of periods.

Furthermore, the cost of invalidity, old-age, and survivors' benefits shall be shared between the countries in which the worker has made contributions, with account being taken of the periods of insurance in the two co-signatory States, as well as the wages contributing to the establishment of the pension. The Committee notes this information. It would like the Government to continue to provide information on any new agreements concluded or contemplated for participation in schemes for the maintenance of rights.

Article 10. The Committee notes that the Government's report does not contain the requested information concerning the application of the Convention to refugees and stateless persons. It again requests information on the application of this Article of the Convention.

Article 11. The Committee takes note of the information contained in the Government's report. The Committee hopes that when the occasion arises the Government will provide to other States bound by the Convention administrative assistance free of charge, with a view to facilitating its application.

The Committee requests the Government to supply statistics on the number and nationality of foreign workers in Cape Verde, including statistics on the number of stateless persons and refugees in Cape Verde, in accordance with point V of the report form. It would also appreciate receiving statistics on the number of Cape Verde nationals working abroad, and the countries where they are working.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

Articles 3 and 4 of the Convention. The Committee has previously pointed out that under section 3(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 reply, the Government states that section 11(4) of the Cape Verde Constitution implicitly provides that all nationals of countries which ratify Convention No. 118 shall enjoy equal treatment regarding workers' compensation, without condition of residence and irrespective of the conclusion of reciprocal agreements, and thereby implies that the relevant part of section 3(3) of Legislative Decree No. 84/78 is revoked. Moreover, according to the Government, Conventions take precedence over all national legislation, and Convention No. 118 would therefore override section 3(3) of Legislative Decree No. 84/78. Furthermore, the Government states that nationals of all member States in which the Convention is in force shall enjoy all the benefits provided to Cape Verde nationals, and shall have the same obligations; and that survivors' benefits are granted to the survivors of citizens of a member State for which the Convention is in force, irrespective of the survivor's nationality. The Committee notes this information. It would like the Government to supply further information on the sources of law, such as administrative circulars of the National Institute of Social Security (INSS), which implement this constitutional principle, as well as a copy of the relevant legal provisions. It also trusts that the Government will have no difficulty explicitly amending section 3(3) of Legislative Decree No. 84/78, in order to avoid any ambiguity. It would appreciate being kept informed of any progress in this respect.

See also the direct request pertaining to Article 2 of the Equality of Treatment (Accidents) Convention, 1925 (No. 19) concerning section 3(3) of Legislative Decree No. 84/78.

Article 5. (a) Branch (g) (employment injury benefit). The Committee has previously pointed out that the above-mentioned Legislative Decree No. 84/78 does not provide for the payment of employment injury benefit in the event of residence abroad, contrary to Article 5 of the Convention. In reply, the Government states that national legislation does provide for the granting of benefit in the country of residence; that the machinery for guaranteeing payment of benefit abroad includes bilateral agreements (with France, Italy, Luxembourg, Netherlands, Portugal and Sweden); and that direct payments of cash benefits are made through banking services and other methods. The Committee notes this information. It requests a copy of the relevant law or administrative circulars of the INSS and further information on their application in practice.

(b) The Committee notes that the Government's report does not contain the requested information 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. It again hopes that the Government will be able to supply in its next report the information requested.

Article 6. Further to the previous comments of the Committee, the Government states that payment of allowances is guaranteed, in accordance with the agreements concluded, to the children of nationals of all other signatory member States residing in the territory of one of these States. The family benefit is granted in accordance with the legislation of the country where the migrant works, with the exception of France, where a schedule similar to the amount paid in the country of residence of the children is applicable. The Committee notes this information. It would like the Government to supply further information on any progress made in concluding bilateral agreements with other States which have accepted branch (i) and with which there are migratory flows.

Article 7. In reply to previous comments, the Government states that the social insurance legislation of Cape Verde provides for the maintenance of acquired rights or rights in the course of acquisition of nationals and citizens of countries in which the Convention is in force, in respect of all the branches contained in the material scope of the Convention. The social security agreements concluded with other States contain the principle of totalization of periods.

Furthermore, the cost of invalidity, old-age, and survivors' benefits shall be shared between the countries in which the worker has made contributions, with account being taken of the periods of insurance in the two co-signatory States, as well as the wages contributing to the establishment of the pension. The Committee notes this information. It would like the Government to continue to provide information on any new agreements concluded or contemplated for participation in schemes for the maintenance of rights.

Article 10. The Committee notes that the Government's report does not contain the requested information concerning the application of the Convention to refugees and stateless persons. It again requests information on the application of this Article of the Convention.

Article 11. The Committee takes note of the information contained in the Government's report. The Committee hopes that when the occasion arises the Government will provide to other States bound by the Convention administrative assistance free of charge, with a view to facilitating its application.

The Committee requests the Government to supply statistics on the number and nationality of foreign workers in Cape Verde, including statistics on the number of stateless persons and refugees in Cape Verde, in accordance with point V of the report form. It would also appreciate receiving statistics on the number of Cape Verde nationals working abroad, and the countries where they are working.

[The Government is asked to report in detail in 1998.]

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.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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 the Government's first report and wishes to draw attention to the following points:

Article 3 of the Convention. Under the terms of section 3 of Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, foreign workers engaged in an occupational activity in Cape Verde enjoy the same rights as nationals, subject to the condition of reciprocity of rights in their country. In view of the fact that the Convention establishes an automatic system of reciprocity for the Members that have ratified it, the Committee would be grateful if the Government would indicate whether section 6(2) of Legislative Decree No. 114/82 of 22 September 1982, under which the reciprocity conditions do not apply to the nationals of countries that have ratified an international Convention, also apply to the compulsory insurance scheme for industrial accidents and, if this is not the case, whether it would envisage measures to amend the above section of Decree No. 84/78, so that all the nationals of countries that have ratified the Convention (a list of these countries is given in annex) enjoy equality of treatment with nationals as regards employment injury benefit, without this being conditional upon residence and irrespective of reciprocity agreements concluded in this behalf.

Article 5. (a) (Branch (g) employment injury and occupational diseases). The Committee notes that Legislative Decree No. 84/78 does not provide for the payment of periodical benefits under this branch of the Convention in the event of residence abroad. It requests the Government to envisage measures to give effect to this provision of the Convention; (b) it also requests the Government to indicate the manner in which in practice benefits are provided under sections 11 and 12 of Legislative Decree No. 114/82 of 22 December 1982, to nationals, foreigners, refugees and stateless persons in the event of residence abroad.

Article 6. The Committee requests the Government to indicate, in regard to the family allowances provided under Legislative Decree No. 114/82, as to how and under which provisions effect is given to Article 6 of the Convention, which provides that the granting of family allowances shall be guaranteed both to nationals of Cape Verde and to the nationals of any other State that has accepted the obligations of the Convention for the family allowances branch, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (A list of the States that have accepted the obligations of the Convention for branch (i) is given in annex.)

Article 7. The Committee requests the Government to indicate the measures that it envisages taking, with the agreement of the Members concerned, for the maintenance of acquired rights and rights in course of acquisition, as laid down in this Article.

Article 10. The Committee requests the Government to indicate the measures that have been taken or are envisaged to give effect to this provision of the Convention (see also under Articles 3 and 5).

Article 11. The Committee requests the Government to indicate in its next report the provisions that are envisaged to be taken for providing administrative assistance that must be afforded by Cape Verde, under this provision, to States that are bound by the Convention, a list of which is given in annex (these States are under the same obligation in respect of Cape Verde).

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes the Government's first report and wishes to draw attention to the following points:

Article 3 of the Convention. Under the terms of section 3 of Legislative Decree No. 84/78 of 22 September 1978 establishing the compulsory insurance scheme for industrial accidents, foreign workers engaged in an occupational activity in Cape Verde enjoy the same rights as nationals, subject to the condition of reciprocity of rights in their country. In view of the fact that the Convention establishes an automatic system of reciprocity for the Members that have ratified it, the Committee would be grateful if the Government would indicate whether section 6(2) of Legislative Decree No. 114/82 of 22 September 1982, under which the reciprocity conditions do not apply to the nationals of countries that have ratified an international Convention, also apply to the compulsory insurance scheme for industrial accidents and, if this is not the case, whether it would envisage measures to amend the above section of Decree No. 84/78, so that all the nationals of countries that have ratified the Convention (a list of these countries is given in annex) enjoy equality of treatment with nationals as regards employment injury benefit, without this being conditional upon residence and irrespective of reciprocity agreements concluded in this behalf.

Article 5. (a) (Branch (g) employment injury and occupational diseases). The Committee notes that Legislative Decree No. 84/78 does not provide for the payment of periodical benefits under this branch of the Convention in the event of residence abroad. It requests the Government to envisage measures to give effect to this provision of the Convention; (b) it also requests the Government to indicate the manner in which in practice benefits are provided under sections 11 and 12 of Legislative Decree No. 114/82 of 22 December 1982, to nationals, foreigners, refugees and stateless persons in the event of residence abroad.

Article 6. The Committee requests the Government to indicate, in regard to the family allowances provided under Legislative Decree No. 114/82, as to how and under which provisions effect is given to Article 6 of the Convention, which provides that the granting of family allowances shall be guaranteed both to nationals of Cape Verde and to the nationals of any other State that has accepted the obligations of the Convention for the family allowances branch, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. (A list of the States that have accepted the obligations of the Convention for branch (i) is given in annex.)

Article 7. The Committee requests the Government to indicate the measures that it envisages taking, with the agreement of the Members concerned, for the maintenance of acquired rights and rights in course of acquisition, as laid down in this Article.

Article 10. The Committee requests the Government to indicate the measures that have been taken or are envisaged to give effect to this provision of the Convention (see also under Articles 3 and 5).

Article 11. The Committee requests the Government to indicate in its next report the provisions that are envisaged to be taken for providing administrative assistance that must be afforded by Cape Verde, under this provision, to States that are bound by the Convention, a list of which is given in annex (these States are under the same obligation in respect of Cape Verde).