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Repetition Referring to its direct request made under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), the Committee asks the Government to supply additional information on the manner in which the procedure for recognition of occupational diseases operates, from the time of the medical diagnosis (Convention No. 18), and to clarify whether the pathologies listed in Appendix 1 to Decree No. 53/05 are presumed to be of occupational origin whenever the person concerned had worked in the industries and processes listed in the Schedule appended to the Convention. Please also indicate the manner in which the burden of proof applies to the recognition of occupational diseases.
The Committee notes the information supplied by the Government and also the comments made by the National Union of Angolan Workers (UNTA) concerning the manner in which the national legislation gives effect to the Convention. It notes with satisfaction the adoption of Decree No. 53/05 of 15 August 2005 concerning industrial accidents and occupational diseases, the appendix to which contains the new schedule of occupational diseases recognized in the country. Under the terms of the latter, diseases provoked by chemicals such as lead, its alloys and compounds and mercury, its amalgams and compounds are considered of occupational origin, as required by the Convention. The Committee points out that contrary to the system that was previously in force, the new list of occupational diseases lists the pathologies which are recognized as being of occupational origin without linking them to a list of corresponding occupational activities. In this respect, section 6(2) of the new Decree considers a disease as occupational when it is linked to the occupational activities of workers who are habitually exposed to factors which provoke diseases and are present in the workplace or result from specified occupations or jobs. In this respect, the Committee would be grateful if the Government would supply in its next report further details on the manner in which the procedure for recognition of occupational diseases operates, from the time of the medical diagnosis. Please also clarify whether a person who is affected by one of the pathologies listed in Appendix 1 to Decree No. 53/05 is presumed to have a disease of occupational origin. Finally, the Government is requested to indicate the manner in which the burden of proof applies to the recognition of occupational diseases.
With reference to the Committee's previous comments, the Government states that the regulations respecting compensation for employment injury, envisaged under section 58 of Act No. 18/90 on the social insurance system, have not yet been adopted, but have been submitted to the Council of Ministers for this purpose. The Government confirms that until the above regulations are adopted the following legislation remains in force: section 141 of the General Labour Act, under which enterprises are required to insure their employees against employment injury; Title III of the Labour Code of 1957 (Decree No. 2827) and Chapter V of Title VII of the Rural Labour Code of 1962 (Decree No. 44309), despite the fact that these two Decrees were repealed by section 169 of the General Labour Act of 1981.
The Committee notes this information. In this respect, it reminds the Government that the schedules of occupational diseases contained in the 1957 Labour Code and the 1962 Rural Labour Code had been the subject of comments by the Committee in 1980, since certain activities liable to cause poisoning by lead, its alloys or compounds and by mercury, its amalgams and compounds were not mentioned. In these conditions, the Committee hopes that the Government will be able to take all the necessary measures to adopt in the near future the regulations respecting compensation for employment injury, envisaged under section 58 of Act No. 18/90. It also hopes that these regulations, in accordance with Article 1 of the Convention, will ensure that compensation is payable to the victims of occupational diseases and their dependents, in accordance with the general principles of the compensation of employment injury, and that they will include a schedule of occupational diseases which contains all the diseases and toxic substances and the corresponding industries and processes set out in the schedule annexed to Article 2 of the Convention. The Committee requests the Government to provide detailed information on the progress achieved in this respect and to provide copies of the above regulations as soon as they have been adopted.
With reference to its previous comments, the Committee notes from the Government's report that the implementing regulations concerning compensation for industrial accidents and occupational diseases provided for in section 58 of the Act respecting the social security system, No. 18/90 of 27 October 1990, have not yet been approved and that, pending their adoption, the applicable legal provisions consist of section 141 of the General Labour Act of 1981, which requires all enterprises to insure their workers against industrial accidents and occupational diseases, and of the supplementing Resolution of the People's Assembly No. 12/81 of 7 November 1981. This Resolution provides that the compensation for occupational injuries will continue to be regulated by the system that was previously applicable, although the relevant legislation has been formally repealed and no new corresponding social security legislation has yet been adopted at that time. Taking into account the subsequent adoption of Act No. 18/90 mentioned above, the Committee asks the Government to indicate what provisions of the previous legislation still remain in force and to what extend they continue to give effect to the Convention.
In addition, the Committee recalls that, as it had already pointed out in 1980, the schedules of occupational diseases contained in the previously applicable legislation (the Angolan Labour Code of 1957 and the Rural Labour Code of 1962) failed to mention certain activities likely to cause poisoning by lead, its alloys or its compounds, and by mercury, its amalgams or its compounds, as required by Article 2 of the Convention. It also recalls that since that time the Government has been referring to a draft Decree on employment injury and occupational diseases, section 14 of which, according to the information supplied previously by the Government, contained a schedule of diseases in line with the Convention. This Decree has, however, not been adopted. In this situation, the Committee is bound once again to express the hope that the Government will take all the necessary measures to adopt in the very near future the above-mentioned regulations respecting compensation of industrial accidents and occupational diseases provided for in section 58 of Act No. 18/90. It also hopes that these regulations will provide, in accordance with Article 1 of the Convention, for compensation to workmen incapacitated by occupational diseases, or to their dependants, in accordance with the general principles relating to compensation for industrial accidents, and that it will also contain a schedule of occupational diseases, including all the diseases and processes that are liable to provoke them, as set out in the Schedule annexed to Article 2. It requests the Government to supply detailed information on the progress achieved in this respect and to supply the text of the above regulations when they have been adopted.
With reference to its previous comments, the Committee notes with interest the adoption of the Act respecting the social security system, No. 18/90 of 27 October 1990, and in particular that section 58 of the Act provides for the adoption by the Council of Ministers of regulations respecting the compensation of industrial accidents and occupational diseases.
The Committee, however notes that in the absence of these regulations and in view of the fact that the previous legislation (the Rural Labour Code of 1962 and the Angolan Labour Code of 1957) was formally repealed by section 169 of the General Labour Act of 1981, there appear to be no specific legal provisions that currently give effect to the Convention.
In these conditions, the Committee cannot but express the hope that the regulations respecting the compensation of industrial accidents and occupational diseases provided for in section 58 of Act No. 18/90 will be adopted in the very near future. It also hopes that these regulations will provide, in accordance with Article 1 of the Convention, for compensation to workmen incapacitated by occupational diseases, or to their dependants, in accordance with the general principles relating to compensation for industrial accidents, and that it will also contain a schedule of occupational diseases, including all the diseases and processes that are liable to provoke them, as set out in the Schedule annexed to Article 2. It requests the Government to supply detailed information on the progress achieved in this respect and to supply the text of the above regulations when they have been adopted.
The Committee understands that a new Social Security Act has been adopted. It would be grateful if the Government would communicate a copy of this Act with its next report.
Furthermore, the Committee hopes that the draft implementing regulations to this Act concerning compensation for occupational injuries will be adopted in the near future and that they will contain, besides a list of occupational diseases, a corresponding list of all industries and processes in which such diseases might be provoked, in accordance with Article 2 of the Convention.
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:
Article 2 of the Convention. With reference to its previous comments, the Committee notes from the Government's statement that the draft Decree on employment injury and occupational diseases - section 14 of which contains a schedule of diseases which takes into account those listed in the Schedule of the Convention - has been submitted for adoption to the People's Assembly, but has not yet been adopted. The Committee therefore hopes that this Decree will be adopted in the near future and that it will contain, in addition to diseases and toxic substances, a list of the corresponding industries and processes, as is the case in Article 2 of the Convention.
The Committee once again requests the Government to transmit the text of the above Decree when it has been adopted.