CMNT_TITLE

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Angola (RATIFICATION: 1976)

Other comments on C017

Observation

Direct Request

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The Committee recalls that following the adoption of Act No. 7/04 of 15 October 2004 on social protection and Decree No. 53/05 of 15 August 2005 issuing legal provisions concerning industrial accidents and occupational diseases, the previously applicable legal texts on this subject matter were repealed. The Government indicates that, in the context of multiple legal reforms undertaken following the adoption of the new national Constitution in 2010, a number of elements foreseen in the Decree have not materialized yet due to the fact that the necessary implementing regulations have not yet been adopted. For example, the National Commission for the Assessment of Occupational Disability has not yet been established and the indispensable tables for the medical and mathematical assessment of incapacity have not been updated. These shortcomings contribute to the inefficiency of the national legislation in respect of occupational diseases. The Committee considers that the non-adoption of needed regulations is a major obstacle to operationalizing the employment injury compensation scheme and that the Government needs to finalize the reform it started in 2004 and 2005. The Committee hopes that in doing so the Government will take measures with a view to supplying, in its next reports, detailed information as regards the following:

–adopt the necessary pieces of legislation so as to operationalize the employment injury compensation scheme giving effect to the provisions of the Convention;
–indicate whether specific legislation has been adopted in respect of public servants (Articles 2 and 3 of the Convention);
–provide information regarding the manner in which national law guarantees that beneficiaries of employment accident benefits are provided with additional financial assistance when their condition requires the assistance of a third person (Article 7 of the Convention);
–indicate the measures taken to allow for the supervision and revision of periodical payments in view of the degree of disability (Article 8 of the Convention);
– provide information, including statistics, regarding the manner in which the national legislation is applied in practice in accordance with Part V of the report form.