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

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Cabo Verde (Ratification: 1979)

The Committee takes note of the Government’s report on the application of the Convention, as well as of its reply to the observations made in 2010 by the Confederation of Free Trade Unions of Cape Verde (CCSL). The CCSL stressed that the level of employment injury benefit was insufficient to meet the basic needs of the beneficiaries and their families and pointed to the lack of review mechanisms aimed at adjusting the value of employment injury benefit to the level of earnings in the country. The CCSL urgently called for a reform of the national legislation as well as for improvements in the monitoring mechanisms on the part of the General Directorate of Labour (DGT) and the Inspectorate General of Labour (IGT) by securing effective presence throughout the national territory.

The Government informs that a national programme was adopted in 2011 for the period 2011–16 with a view to, inter alia, promote the implementation of a national policy on safety and health at work (OSH) aimed at better managing and analysing the labour market dynamics by identifying the legal and institutional deficits between the OSH normative framework and economic realities, so as to develop efficient preventive measures and focus on sectors with higher occupational risks fully involving all social partners. The Government also refers to the 2011 Activities Report of the IGT, according to which this authority placed emphasis on educational awareness-raising activities, while at the same time undertaking a total of 1,449 inspections throughout the country – a rise of 34.3 per cent in the number of visits carried out in comparison with 2010. The number of proceedings for labour violations initiated by the IGT also went up from 190 in 2010 to as much as 278 in 2011. It is also envisaged to open new IGT offices so as to densify territorial coverage. While the commercial sector was found to present greater reluctance to register and pay compulsory accident insurance and social security contributions, the highest rate of industrial injuries was observed in the construction sector (33.17 per cent) and the lowest in agriculture (0.5 per cent). With a view to reducing the high incidence of industrial accidents in the construction sector, the IGT signed a strategic partnership agreement with the Cape Verde Construction Companies Association (ACEC) to carry out training in safety, hygiene and health. The Government states that despite observed infringements, changing patterns of behaviour were observed with regard to compliance with legal requirements. However, given the shortage of human and material resources to collect and process statistical data on occupational accidents and diseases, the database management system contemplated in Order No. 9/2001 of 9 April is still not operational. The Government states however that such statistical data would allow analysis of the impact of the legal and institutional reforms on industrial relations and, ultimately, also on the application of the Convention.

The Committee takes due note of the information provided and wishes to encourage the Government’s efforts aimed at guaranteeing a safer working environment by raising awareness of all economic actors and reinforcing the human and material capacities of the competent supervisory bodies. The effective implementation of the database management system on occupational accidents and diseases is particularly encouraged since it would allow targeted action to achieve greater efficiency and results. Noting the concerns expressed by the CCSL with respect to the inadequate level of employment injury benefit and the lack of review mechanisms, the Committee would suggest that the Government undertake an assessment of how employment injury pensions fulfil their role of effectively replacing the earnings on which victims of occupational accidents relied for a living.