In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 17 (Workmen’s Compensation (Accidents)), 19 (Equality of Treatment (Accident Compensation)), 102 (Minimum Standards), and 118 (Equality of Treatment (Social Security)) together.

The Committee notes the Government’s first report on Convention No. 102.

Article 1 of Convention No. 17. Provision of workers’ compensation. The Committee takes note with interest of the information provided by the Government in its report on the adoption of the Decree-Law No. 58/2020, of 29 September, establishing the Legal Regime of Compulsory Insurance for Occupational Accidents and Diseases (SOAT), which will enter into force as of 1 of January 2023, replacing Decree-Law No. 86/78. The Committee requests the Government to provide detailed information on the manner in which Decree-Law No 58/2020 gives effect to the Convention, in accordance with parts I and II of the report form.

Article 7 of Convention No. 17. Additional compensation for the constant help of another person.The Committee notes the indication by the Government that, according to section 17 of Decree-Law No 86/78, in case of absolute permanent incapacity to work, an injured person is entitled to a pension equivalent to 70 per cent of the basic pay, which can be increased to a maximum of 100 per cent of basic pay should the medical condition from which the permanent incapacity results requires the assistance of a third person. The Committee observes that the Decree-Law No. 58/2020, which is set to replace Decree-Law No 86/78, in its section 49, contains the same provision and requirements for entitlement of additional compensation.

The Committee recalls that Article 7 of the Convention requires the payment of additional compensation in all cases where the injury results in partial, permanent or temporary incapacity of such a nature that the injured workers must have the constant help of another person. The Committee requests the Government to provide information on any other measure in place to ensure that all injured workers, including those with partial, permanent or temporary incapacity, are provided with additional compensation when the constant help of another person is required, or with such help in kind.

Article 11 of Convention No. 17. Compensation of industrial accidents in the event of the insolvency of the employer or insurer. The Committee takes note of the information provided by the Government, specifying that section 17 of the Labour Code provides for direct liability of personal assets of persons responsible for the management of the enterprises or insurers in situations of bankruptcy, insolvency or other form of cessation of activity. Pursuant to section 30 of Decree No 84/78, benefits due to compulsory occupational accident insurance enjoy credit privileges enshrined in the general law as a guarantee of work remuneration.

While taking note of this information, the Committee observes that the legislation in force does not make provision for cases where personal assets would not be sufficient to guarantee due compensation to victims of industrial accidents. The Committee notes, however, that the Decree-Law No. 58/2020, which will enter into in force as of 1 January 2023, provides, in its section 60, that benefits which cannot be paid by the responsible entity due to economic incapacity, shall be borne by the Occupational Accidents Pension Fund.

The Committee welcomes the adoption of this provision and requests the Government to provide further information on the manner in which it will be implemented to ensure that workers who suffer industrial accident, or their dependants, are compensated in all circumstances, in the event of the insolvency of the employer or insurer, as required by Article 11 of the Convention.

Application of Convention No. 17 in practice. The Committee, notes the information provided by the Government in reply to its previous comments, referring to the concerns expressed by the Confederation of Free Trade Unions of Cape Verde (CCSL) with respect to the inadequate level of employment injury benefit and the lack of review mechanisms. The Government indicates that there has not been any progressconcerning the implementation of a database management system and that the lack of resources prevented the undertaking of statistical assessments regarding the adequacy of benefits, as suggested by the Committee. The Committeehopes that the level and adequacy of employment injury pensions will be considered in the context of the ongoing reform of the national legislation concerning industrial accidents and occupational diseases. In this context, it requests the Government to provide information on the manner in which employment injury pensions fulfil their role of effectively replacing the earnings on which victims of occupational accidents rely for a living and on the implementation of thedatabase management system on occupational accidents and diseases, to facilitate the Committee’s assessment of the application of the Convention in practice.

Article 1(2) of Convention No. 19 and Articles 3 and 4 of Convention No. 118. Equality of treatment without conditions of residence – employment injury benefits. The Committee takes note with interest of the Government’s indication, in reply to its previous comments, that Decree-Law 58/2020, which is set to repeal Decree-Law 84/78, provides for equality of treatment between national and non-national workers and their dependents as to compensation due to occupational accidents and diseases in its section 10.

Article 1(2) of Convention No. 19 and Article 5 of the Convention No. 118. Payment of employment injury benefits abroad. The Committee takes note of the indication by the Government, in reply to its previous comments, that beneficiaries of employment injury benefits keep their entitlement to cash benefits even if they transfer their residence out of Cabo Verde, except as provided for by the law and by applicable international instruments. The Committee observes, however, that the legislation concerning employment injury benefits – current and future, to be in force as of 2023, is silent as to the means and procedure in place to guarantee that benefits are paid to victims of employment injury or their dependents who reside abroad. The Committee requests the Government to indicate how the payment of employment injury benefits abroad is ensured, and to provide the applicable provisions or procedures. The Committee further requests the Government to provide information on any mutual agreements, or any multilateral or bilateral agreements concluded with other Member States in application of Article 1(2) of Convention No. 19 and Article 5 of Convention No. 118.

Application of Conventions No. 19 and No. 118 in practice. In its previous comments, the Committee requested theGovernment to indicate the results achieved in ensuring better compliance with the obligation of employers to insure all workers against industrial accidents, with a particular emphasis on sectors employing a high number of foreign workers, and to provide the number and nationality of non-national workers employed in the country and the number of those involved in accidents. The Committee observes that the report supplied by the Government does not provide information in this regard. The Committee refers to Part V of the report form for Convention No. 118 and hopes that the Government will be in a position to provide statistical information concerning (i) the number of foreign workers in the national territory, (ii) their nationality, (iii) their occupational distribution, (iv) the number and type of benefits paid, broken down by type of benefits, and (v) the number of benefits paid abroad to nationals and non-national workers, including the amount paid, type of benefits and country of destination.

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which Conventions Nos 17 and 18 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or accepting Part VI of the Social Security (Minimum Standards) Convention, 1952 (No. 102) c102, (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October-November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or accepting Part VI of Convention No. 102 as the most up-to-date instruments in this subject area.