Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (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).