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

1. Article 2, paragraph 2, of the Convention (in conjunction with Article 3, paragraph 2). In its previous comments, the Committee drew the Government's attention to the fact that the exception contained in section 3, paragraph 1, of Legislative Decree No. 84/78 of 22 November 1978 respecting compulsory occupational accident insurance, under which foreign workers are not considered to be in a similar situation to nationals unless there is a reciprocal arrangement with the country of which they are nationals, is not authorised by Convention No. 17. In its reply, the Government notes once again that the condition of reciprocity referred to is also set out in section 26 of the Constitution of the Republic of Cape Verde and in section 14 of the Civil Code, but that, in practice, foreigners who work in Cape Verde enjoy the same rights as national workers provided that the former are nationals of countries in which reciprocal arrangements are in force. Furthermore, since Cape Verde has recently ratified Convention No. 19, which has been ratified by the great majority of member States of the ILO, it is unlikely that in practice a foreign worker will not be able to enjoy the same rights as national workers. The Committee notes this information. It wishes, however, to point out once again that any condition of reciprocity runs counter to the protection of the victims of occupational accidents guaranteed by Convention No. 17. Since, in practice, as the Government indicates, all workers, whether they are nationals or foreigners, enjoy the same rights in Cape Verde, the Committee considers that the Government will have no difficulty in eliminating the condition of reciprocity established by virtue of section 3, paragraph 1, of Legislative Decree No. 84/78. It requests the Government to indicate any progress achieved in this respect.

2. With reference to the statistical data requested under point V of the report form approved by the Governing Body of the ILO, the Committee notes once again that this data will be forwarded in due time.