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

Discrimination (Employment and Occupation) Convention, 1958 (No. 111) - Cabo Verde (Ratification: 1979)

New legislation. Scope of application. The Government notes with interest the adoption of a new Labour Code on 16 October 2007 (Legislative Decree No. 5/2007, modified by Legislative decree No. 5/2010). The Committee requests the Government to provide information on the impact of the new Labour Code in the implementation of the Convention, in particular with respect to the issues dealt with below. Furthermore, noting that the Labour Code is not applicable to rural workers and labour intensive activities, the Committee requests the Government to provide information on the legal provisions applicable to these categories of workers.

The Committee further notes the adoption of Law No. 15/VII/2007 providing for mechanisms for women’s economic empowerment; Decree-Law No. 48/2009 making social protection compulsory for independent workers; Decree-Law No. 50/2009 on social protection; Resolution No. 124/VI/2010 by which the country ratifies the African Youth Charter; and Resolution No. 26/2010 concerning good practices in the enterprise management. The Committee will examine these instruments together with any further information on the implementation of these provisions with respect to the Convention that the Government might wish to submit.

Article 1 of the Convention. Grounds of discrimination. Direct and indirect discrimination. The Committee notes that the new Labour Code provides for protection against discrimination on the grounds of sex, race, colour, social origin, religion and political opinion but it does not refer to national extraction nor does it provide for protection against direct or indirect discrimination. In this respect, the Committee notes the observations of the Cape Verde Confederation of Free Trade Unions (CCSL) submitted by the Government with its report concerning the application of the Equal Remuneration Convention, 1951 (No. 100), indicating that foreign workers from Senegal, Guinea Bissau, Mauritania, Gambia and Guinea employed in the construction sector as well as in the domestic sector are discriminated against as they receive salaries considerably lower to that of national workers. The Committee requests the Government to indicate how it is ensured that adequate protection is provided against discrimination on the ground of national extraction as well as against both direct and indirect discrimination. It also requests the Government to reply to the observations of the CCSL.

Discrimination on the ground of sex. Sexual harassment. The Committee notes with interest that the definition of sexual harassment provided for in section 410 of the Labour Code includes both quid pro quo and hostile environment, sexual harassment and establishes a sanction of forfeiture of up to two years of minimum salaries for those responsible. The Committee observes however, that the Labour Code only refers to the possibility of sexual harassment committed by the employer, the instructor or another superior but does not take into account sexual harassment committed by other workers. The Committee also notes that Act No. 84/VII/2011 provides for measures for the prevention and repression of gender-based violence. The Committee notes that this Act also refers to sexual harassment committed by anyone with authority or influence over the victim and provides for penal sanctions for those responsible. The Committee requests the Government to provide information on the manner in which section 410 of the Labour Code, in combination with Act No. 84/VII/2011, apply to sexual harassment in the workplace and grant protection for workers for acts committed by both employers and workers. The Committee also requests the Government to provide information on cases of sexual harassment identified by or referred to the labour inspectorate or any disputes concerning sexual harassment brought before the competent bodies.

HIV/AIDS. The Committee notes that the Government indicates in its report that 0.8 per cent of the population is affected by HIV. The Government also indicates that specific legislation on the issue was adopted which includes provisions to be applied in the workplace. The Committee requests the Government to provide a copy of this legislation on HIV and AIDS and to indicate the measures adopted so as to ensure that workers affected by HIV and AIDS are not discriminated against.

Article 2. National policy. The Committee notes the Government’s indication that the National Equality and Gender Equity Plan (PNIG), 2005–09 was extended until 2011. In the framework of this programme, the Government has adopted a series of measures towards a better inclusion of women in the world of work: training of 20 women in the Office for orientation and assistance to victims of gender violence; extension of maternity leave from 45 to 60 days and creation of childcare institutions; establishment of a micro credit fund; publication of information concerning salaries, maternity protection and prevention of and protection against sexual harassment. The Decent Work Country Programme (DWCP) adopted in 2009 for Cape Verde has among its priorities the promotion of decent work for women and young persons. In this regard, the Committee highlights Resolution No. 1/2011 that authorizes the Ministry of Labour, Family and Social Solidarity to sign a protocol towards the implementation of the DWCP. The implementation of this programme falls under the responsibility of the Government with the participation of the social partners. The Government also refers to the Youth Employment Programme, training programmes for young persons with the participation of the social partners and incentives for those employers that hire young persons, long term unemployed workers and disabled workers. The Committee requests the Government to continue to provide information concerning the impact of the National Equality and Gender Equity Plan (PNIG), in particular with respect to access to vocational training and access to jobs and occupations as well as any other programme adopted in the framework of the DWCP that implements the principles of the Convention.

Labour inspection. The Committee notes that according to the Government there is no specific programme within the Labour Inspectorate regarding the promotion of equality and protection against discrimination in employment and occupation and labour inspectors have not received any training concerning the implementation of the Convention. The Government indicates that nevertheless labour inspectors control the effective application of the national legislation and thus the principles of the Convention. The Committee requests the Government to take the necessary measures to provide labour inspectors with adequate training concerning the principles enshrined in the Convention and to provide information on the concrete action carried out by them with respect to equality at work and non-discrimination, and the sanctions imposed.

Part V of the report form. Statistical data. Noting that the Government reiterates its request for ILO technical assistance in relation to statistics on the situation of men and women in the labour market, the Committee hopes that the Office will soon be in a position to provide the assistance requested, and asks the Government to take the necessary steps to secure such assistance.

Trade unions communications. The Committee had previously noted the communications submitted by the Barlavento Commercial, Industrial and Agricultural Association (ACIAB) and the Cape Verde Confederation of Free Trade Unions (CCSL) according to which women were concentrated in the occupational categories that are least valued. In this regard, the Committee notes the Government’s indication according to which women are more representative in the informal economy among the self-employed and as family workers. The Committee requests the Government to provide information on the measures taken to improve the situation of these workers so that they have the same opportunities as men.