Demande directe (CEACR) - adoptée 1990, publiée 77ème session CIT (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).