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CMNT_TITLE

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on workers’ compensation, the Committee considers it appropriate to examine Conventions Nos 12 (agriculture), 17 (industrial accidents), 18 (occupational diseases), and 19 (equality of treatment) together.
The Committee notes the observations of the National Union of Angolan Workers (UNTA) on the application of Convention No. 18, received on 30 August 2019.
Article 1 of Conventions Nos 12, 17, and 18. Operationalization of the employment injury compensation scheme. In its previous comments, the Committee noted that a number of elements foreseen in the Decree No. 53/05 of 15 August 2005 issuing legal provisions concerning industrial accidents and occupational diseases (Decree No. 53/05) had not materialized yet due to the fact that the necessary implementing regulations had not yet been adopted. In particular, the Committee noted that the National Commission for the Assessment of Occupational Disability (CNAIL) had not yet been established and that the indispensable tables for the medical and mathematical assessment of incapacity had not been updated. In addition, the Committee requested the Government to provide information on the establishment of the Employment Accident and Occupational Disease Pension Adjustment Fund (FUNDAP) responsible for updating the amounts of compensations pursuant to section 42 of Decree No. 53/05. The Committee thus requested the Government to adopt the necessary pieces of legislation so as to operationalize the employment injury compensation scheme, with a view to give effect to Article 1 of Conventions Nos 12, 17 and 18. In the absence of information in the Government’s report on the measures taken to this effect, the Committee requests the Government to indicate whether (i) the CNAIL has been established, (ii) the tables for the medical and mathematical assessment of incapacity for work have been updated, (iii) the FUNDAP has been established, and to provide information on any measure taken in this regard. The Committee recalls that the Government can avail itself of the technical assistance of the ILO in this regard.
Articles 2 and 3 of Convention No. 17. Public servants and employees of the public administration. In its previous comments, the Committee requested the Government to indicate whether any specific legislation had been adopted in respect of public servants and employees of the public administration. The Committee notes the absence of information in the Government’s report on this point. The Committee observes that, although public servants and employees of the public administration are excluded from the scope of coverage of Decree No. 53/05 pursuant to its section 2(a), section 57 of the Decree provides for their coverage, with certain adaptations, as long as there is no other scheme in place ensuring their protection. The Committee further observes from the information contained in the database of the International Social Security Association (ISSA), “Social Security Programs Throughout the World, 2019” concerning employment injury benefits that a separate system for public-sector employees has not yet been implemented.
The Committee requests the Government to provide information on the provisions governing the coverage of public servants and employees of the public administration for employment injury compensation and to indicate, in particular, whether they continue to be covered by Decree No. 53/05 and whether by virtue of its section 57, any adaptations of the provisions of the Decree have been made with respect to public servants and employees of the public administration. The Committee further requests the Government to provide information on any measures taken or envisaged to establish a separate scheme or specific legislative provisions for the compensation of public servants and employees of the public administration in case of employment injury.
Article 7 of Convention No. 17. Additional compensation for constant help of another person. The Committee previously requested the Government to provide information on the manner in which national law guarantees that beneficiaries of employment injury benefits were provided with additional financial assistance when their condition required the assistance of a third person. In its reply, the Government indicates that as per section 32 of Decree No. 53/05, in case of total and permanent incapacity for work, an allowance for each dependent family member is paid in addition to the monthly pension equal to 80 per cent of the respective reference salary. While taking note of this information, the Committee recalls that Article 7 of the Convention requires the payment of additional compensation in all cases where the injury results in incapacity of such a nature that the injured workers must have the constant help of another person. The Committee therefore requests the Government 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 and to provide information on the measures taken to this effect.
Article 8 of Convention No. 17. Supervision and revision of periodical payments. In its previous comments, the Committee requested the Government to indicate the measures taken to allow for the supervision and revision of periodical payments in view of the degree of disability of victims of work-related injury. The Committee takes note of the indication by the Government that, according to section 41(2) and (3) of Decree No. 53/05, pensions may be reviewed as a matter of regular procedure or at the request of the beneficiary and that such reviews may be requested at any time, except during the first year, where they may be requested only once and after the first six months.
Application of Conventions Nos 17 and 18 in practice. Strengthening of enforcement and compliance measures. Further to its previous request, the Committee notes that according to the statistical data provided by the Government, in 2019, 4 072 people were declared eligible for occupational injury benefits. The Government further indicates that the General Labour Inspectorate (IGT) is responsible for receiving and analysing industrial accident and occupational disease notifications pursuant to section 6(4)(e) of the Presidential Decree No. 79/15 of 13 April 2015. The Committee notes, however, the allegations of the UNTA, pointing to an increase in fatal employment accidents, in particular in the construction and health sectors, due to the lack of work equipment and safety measures. The UNTA further indicates that many workers who are victims of occupational accidents do not benefit from due protection as a result of the shortage of personnel in the labour inspectorate and high level of corruption.
In this connection, the Committee observes that a cooperation agreement between the IGT and the Insurance Regulation and Supervision Agency (ARSEG) was concluded on 5 August 2020. One of the objectives of the agreement is to implement Decree No. 53/05 by increasing the number of labour inspections to ensure coverage by employment injury insurance and by training of labour inspectors (section 1). The Committee welcomes the conclusion of this agreement and hopes that it will lead to greater protection for workers in case of employment injury and ensure the due provision of compensation, in application of the Convention.
The Committee requests the Government to provide information on (i) the means taken by the national authorities to increase the number of labour inspections and to strengthen the capacity of the labour inspectorate in implementation of the agreement and (ii) any other measure taken or envisaged to enhance employers’ compliance with their legal obligations, in particular their obligation to affiliate with the ARSEG and to pay insurance premiums.
The Committee also requests the Government to provide statistical data on the number and nature of the employment accidents reported and the number of workers compensated, and on the number of workers registered with ARSEG, out of the total number of workers employed by enterprises, undertakings and establishments.
Article 2 and the Schedule to Convention No. 18. List of occupational diseases. In its previous comments, the Committee requested the Government to provide information on the procedure for recognition of occupational diseases from the time of the medical diagnosis and to indicate the manner in which the burden of proof applies to the recognition of occupational diseases. The Committee further requested the Government to indicate 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.
The Committee notes the indication by the Government that the degree of incapacity is determined by the CNAIL, the composition and working methods of which are set out in section 21 of Executive Decree No. 53/05. The Government further indicates that based on the CNAIL’s evaluation of the degree of incapacity for work, labour courts determine the employment injury compensation as per section 20 of Decree No. 53/05. The Committee reiterates its request to the Government to indicate whether the pathologies listed in Appendix 1 to Decree No. 53/05 are presumed to be of occupational origin whenever the person concerned has worked in the industries and processes listed in the Schedule appended to the Convention.
Article 1 and application of Convention No. 19 in practice. Noting an absence of information from the Government, the Committee reiterates its request to indicate whether there are any special schemes or international agreements within the meaning of section 1(3) of Decree No. 53/05 under which the principle of equal treatment between national and foreign workers may be waived. In addition, the Committee once again requests the Government to provide statistics concerning the number and countries of origin of foreign workers employed in Angola and the amounts of employment injury benefits made to foreign workers or their dependants in case of their residence abroad.
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 the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (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 Convention No. 102 (Part VI) as the most up-to-date instruments in this subject area.

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Referring to its direct request made under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), the Committee asks the Government to indicate whether there are any special schemes or international agreements within the meaning of section 1(3) of Decree No. 53/05 under which the principle of equal treatment between national and foreign workers may be waived. Please provide statistics concerning the number and countries of origin of foreign workers employed in Angola and the amounts of payments made to victims of industrial accidents or their dependants in case of residence abroad.

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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:
Repetition
The Committee notes the information sent by the Government in response to its previous comments. It notes in particular the adoption of Act No. 7/04 of 15 October 2004 on social protection and Decree No. 53/05 of 15 August 2005 on the statutory occupational accidents and diseases scheme. It notes that these two texts repeal the ones that previously governed occupational accidents and diseases. The Government is invited to send further information on the following point.
Article 1 of the Convention. Equality of treatment in the event of industrial accident. In reference to its previous comments, the Committee notes with interest that under section 1(3) of Decree No. 53/05, foreign workers carrying on an occupational activity in Angola are ordinarily subject to the compulsory social protection system subject to the existence of special schemes established by law or international agreement. The old legislation did not lay down the principle that these workers are to be treated on a par with Angolan workers, but provided that they were subject to the social security system only in the instances established in the legislation. The Committee would be grateful if in its next report the Government would indicate whether there are special schemes or international agreements within the meaning of section 1(3) of Decree No. 53/05 under which the principle of equal treatment between national and foreign workers may be waived. In this respect, Article 1 of the Convention establishes equal treatment in compensation of industrial accidents between Angolans and nationals of a State that has ratified the Convention or their dependants, and provides that such treatment shall be guaranteed with no conditions as to residence and whether or not reciprocity agreements have been concluded.
The Committee further notes that section 2(b) of Decree No. 53/05 provides, as did the regulations that applied previously, that foreign workers who are not resident in Angola are not subject to the requirement to join a compulsory social protection scheme provided they benefit abroad from a scheme for the compensation of industrial accidents and so demonstrate to the competent Angolan authorities. The Committee invites the Government to state whether, as Article 2 of the Convention requires, the workers concerned may be employed in Angola only temporarily or intermittently and by foreign employers. If this is the case, and in order to avoid all ambiguity, the Committee invites the Government to examine the possibility of amending the abovementioned provision of Decree No. 53/05, and to insert the provisions specified by the Convention. It would also be grateful if the Government would state whether any special agreements have been concluded with the countries of origin of these workers to facilitate arrangements for covering victims of industrial accidents who are in the position envisaged in section 2(b) of the abovementioned Decree.
Please also provide, as required by Part V of the report form, information, including statistics, on the manner in which effect is given to the Convention in practice, specifying, for instance, the number and countries of origin of foreign workers employed in Angola, those among them who remain subject to industrial accident insurance in their countries of origin and the amounts of any payments made abroad to victims of industrial accidents whether nationals or persons from a country that is a party to the present Convention or their dependants.

CMNT_TITLE

The Committee notes the information sent by the Government in response to its previous comments. It notes in particular the adoption of Act No. 7/04 of 15 October 2004 on social protection and Decree No. 53/05 of 15 August 2005 on the statutory occupational accidents and diseases scheme. It notes that these two texts repeal the ones that previously governed occupational accidents and diseases. The Government is invited to send further information on the following point.

Article 1 of the Convention. Equality of treatment in the event of industrial accident. In reference to its previous comments, the Committee notes with interest that under section 1(3) of Decree No. 53/05, foreign workers carrying on an occupational activity in Angola are ordinarily subject to the compulsory social protection system subject to the existence of special schemes established by law or international agreement. The old legislation did not lay down the principle that these workers are to be treated on a par with Angolan workers, but provided that they were subject to the social security system only in the instances established in the legislation. The Committee would be grateful if in its next report the Government would indicate whether there are special schemes or international agreements within the meaning of section 1(3) of Decree No. 53/05 under which the principle of equal treatment between national and foreign workers may be waived. In this respect, Article 1 of the Convention establishes equal treatment in compensation of industrial accidents between Angolans and nationals of a State that has ratified the Convention or their dependants, and provides that such treatment shall be guaranteed with no conditions as to residence and whether or not reciprocity agreements have been concluded.

The Committee further notes that section 2(b) of Decree No. 53/05 provides, as did the regulations that applied previously, that foreign workers who are not resident in Angola are not subject to the requirement to join a compulsory social protection scheme provided they benefit abroad from a scheme for the compensation of industrial accidents and so demonstrate to the competent Angolan authorities. The Committee invites the Government to state whether, as Article 2 of the Convention requires, the workers concerned may be employed in Angola only temporarily or intermittently and by foreign employers. If this is the case, and in order to avoid all ambiguity, the Committee invites the Government to examine the possibility of amending the abovementioned provision of Decree No. 53/05, and to insert the provisions specified by the Convention. It would also be grateful if the Government would state whether any special agreements have been concluded with the countries of origin of these workers to facilitate arrangements for covering victims of industrial accidents who are in the position envisaged in section 2(b) of the abovementioned Decree.

Please also provide, as required by Part V of the report form, information, including statistics, on the manner in which effect is given to the Convention in practice, specifying, for instance, the number and countries of origin of foreign workers employed in Angola, those among them who remain subject to industrial accident insurance in their countries of origin and the amounts of any payments made abroad to victims of industrial accidents whether nationals or persons from a country that is a party to the present Convention or their dependants.

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The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

According to the information provided by the Government, the Council of Ministers has adopted a Decree respecting occupational diseases and industrial accidents and that a copy will be provided to the Office when it has been published in the Official Bulletin. The Committee hopes that this Decree will make it possible to give full effect to the provisions of the Convention, that it will be published in the very near future and that a copy will be provided forthwith.

With reference to its previous comments, the Committee once again wishes to draw the Government’s attention to the following points.

–      Section 4 of Act No. 18/90 on the social security system applies to foreign workers in Angola in the cases covered by the legislation or international agreements. The Committee recalls that, in accordance with Article 1 of the Convention, equality of treatment in respect of compensation for industrial accidents has to be ensured between the nationals of a State which has ratified the Convention or their dependants and its own nationals without any condition of residence and irrespective of whether any reciprocity agreement has been concluded. It hopes that the Government will provide information in its next report on the application of this provision of the Convention.

–      Under section 6(1) of Act No. 18/90, the obligation to be insured under the social security scheme does not apply to foreign nationals who are covered by the social security scheme of another country. The Committee recalls in this respect that, in order to be consistent with the Convention, measures to avoid coverage by more than one insurance scheme must not depend on the nationality of the persons insured. It hopes that the Government will provide information in its next report on the measures adopted to give full effect to the Convention on this point.

–      The Committee also draws the Government’s attention to the possibility offered by Article 2 of the Convention, under the terms of which “special agreements may be made between the Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws or regulations of the latter Member”.

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The Committee notes the information provided by the Government according to which the Council of Ministers has adopted a Decree respecting occupational diseases and industrial accidents and that a copy will be provided to the Office when it has been published in the Official Bulletin. It hopes that this Decree will make it possible to give full effect to the provisions of the Convention, that it will be published in the very near future and that a copy will be provided forthwith.

With reference to its previous comments, the Committee once again wishes to draw the Government’s attention to the following points.

–      Section 4 of Act No. 18/90 on the social security system applies to foreign workers in Angola in the cases covered by the legislation or international agreements. The Committee recalls that, in accordance with Article 1 of the Convention, equality of treatment in respect of compensation for industrial accidents has to be ensured between the nationals of a State which has ratified the Convention or their dependants and its own nationals without any condition of residence and irrespective of whether any reciprocity agreement has been concluded. It hopes that the Government will provide information in its next report on the application of this provision of the Convention.

–      Under section 6(1) of Act No. 18/90, the obligation to be insured under the social security scheme does not apply to foreign nationals who are covered by the social security scheme of another country. The Committee recalls in this respect that, in order to be consistent with the Convention, measures to avoid coverage by more than one insurance scheme must not depend on the nationality of the persons insured. It hopes that the Government will provide information in its next report on the measures adopted to give full effect to the Convention on this point.

–      The Committee also draws the Government’s attention to the possibility offered by Article 2 of the Convention, under the terms of which “special agreements may be made between the Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws or regulations of the latter Member”.

[The Government is asked to report in detail in 2006.]

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The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments, the Committee notes that the implementing regulations on compensation for occupational accidents and diseases provided for by section 58 of the Social Security System Act, No. 18/90, have not yet been adopted by the Council of Ministers. It hopes that these regulations will be adopted shortly and will enable full effect to be given to the provisions of the Convention. The Committee would like once again to draw the Government’s attention to the following points in this connection:

-  Section 4 of Act No. 18/90 applies to foreign workers in Angola in the cases covered by the legislation or international agreements. The Committee once again points out that Article 1 of the Convention requires equal treatment in respect of accident compensation between nationals and foreign workers from a State that has ratified the Convention or their dependants, without any condition of residence and irrespective of whether any reciprocity agreement has been concluded.

-  Under section 6(1) of Act No. 18/90, the obligation to be insured under the social security scheme established by the Act does not apply to foreigners who are covered by the social security scheme of another country. The Committee again points out that, in order to be consistent with the Convention, measures to avoid coverage by more than one insurance must not depend on the nationality of the persons insured. The Committee also draws the Government’s attention to the option afforded by Article 2 of the Convention: "Special agreements may be made between the members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws or regulations of the latter Member."

[The Government is asked to report in detail in 2004.]

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1. The Committee notes the information provided by the Government in its last report. It also notes the adoption of the new General Labour Act (No. 2/00), section 85(1)(b) of which requires employers to insure all their workers, apprentices and trainees against occupational accidents and diseases.

2. With reference to its previous comments, the Committee notes that the implementing regulations on compensation for occupational accidents and diseases provided for by section 58 of the Social Security System Act, No. 18/90, have not yet been adopted by the Council of Ministers. It hopes that these regulations will be adopted shortly and will enable full effect to be given to the provisions of the Convention. The Committee would like once again to draw the Government’s attention to the following points in this connection:

-  Section 4 of Act No. 18/90 applies to foreign workers in Angola in the cases covered by the legislation or international agreements. The Committee once again points out that Article 1 of the Convention requires equal treatment in respect of accident compensation between nationals and foreign workers from a State that has ratified the Convention or their dependants, without any condition of residence and irrespective of whether any reciprocity agreement has been concluded.

-  Under section 6(1) of Act No. 18/90, the obligation to be insured under the social security scheme established by the Act does not apply to foreigners who are covered by the social security scheme of another country. The Committee again points out that, in order to be consistent with the Convention, measures to avoid coverage by more than one insurance must not depend on the nationality of the persons insured. The Committee also draws the Government’s attention to the option afforded by Article 2 of the Convention: "Special agreementsmay be made between the members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws or regulations of the latter Member."

[The Government is asked to report in detail in 2003.]

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Article 1 of the Convention. With reference to previous comments, the Government states in its report that the regulations for Act No. 18/90 of 27 October 1990, respecting the social security system, have not yet been adopted. The Committee notes this information. It recalls that under section 4(1), Act No. 18/90 is applicable to foreign workers in Angola in the cases covered by the legislation or international agreements. The Committee once again points out that Article 1 requires equality of treatment for victims of industrial accidents or their dependants who are nationals of a State which has ratified the Convention, without any condition of residence and irrespective of the conclusion of any reciprocity agreement.

Article 2 of the Convention. In previous comments, the Committee has noted that under section 6 of Act No. 18/90, the obligation to be insured under the social security scheme established by the Act does not apply to foreigners who are covered by a social security scheme of another country. The Committee again recalls that any measures taken to avoid an accumulation of insurances, which appears to be the objective of section 6 of Act No. 18/90, are only compatible with the Convention when they are not linked to the nationality of the workers concerned. It reminds the Government of the possibility provided for under Article 2 of the Convention which specifies that a "special agreement may be made between the Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member".

The Committee recalls that section 58 of Act No. 18/90 provides for the adoption by the Council of Ministers of regulations concerning compensation for industrial accidents and occupational diseases. It once again expresses the hope that these regulations will be adopted soon and will contain provisions giving full effect to the Convention, particularly regarding the above-mentioned points.

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1. With reference to its previous comments, the Committee notes the information supplied by the Government concerning the application of Joint Executive Decree 2/79 of 9 April 1979.

2. The Committee notes with interest the adoption of Act No. 18/90 of 27 October 1991 respecting the social security system. It notes in particular that under section 4(1), the Act is applicable to foreign workers in Angola in the cases covered by the legislation or international agreements. It also notes that section 58 of the Act provides for the adoption by the Council of Ministers of a regulation under the Act concerning compensation for industrial accidents and occupational diseases. The Committee hopes that this regulation will be adopted in the near future and that it will provide, in accordance with Article 1 of the Convention, for equality of treatment to the victims of industrial accidents or their dependants who are nationals of a State which has ratified the Convention, without any condition of residence and irrespective of the conclusion of any reciprocity agreement. It is hoped that the Government will be able to indicate in its next report the progress achieved in this respect.

3. The Committee notes that under section 6 of Act No. 18/90, the obligation to be insured under the social security scheme established by the Act does not apply to foreigners who are covered by a social security scheme of another country. The Committee recalls in this respect that any measures taken to avoid an accumulation of insurances, which appears to be the objective of section 6 of Act No. 18/90, are only compatible with the Convention when they are not dependent on the nationality of the workers concerned. The Committee also draws the Government's attention to the possibility provided for under Article 2 of the Convention which specifies that "special agreement may be made between the members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member". It therefore hopes that the regulation to be issued under the Act respecting compensation for industrial accidents will contain provisions giving full effect to the Convention on this point.

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Article 1 of the Convention. 1. The Committee takes note of the new legislative texts supplied by the Government in its report (Act 6/86 of 24 March 1986 respecting the status of foreign resident workers and Act 7/86 respecting the conditions of employment of co-operative workers) which provide that these workers are covered by the occupational risks protection scheme (sections 13 and 17, respectively).

2. The Committee notes that Joint Executive Decree 2/79 of 9 April 1979, section 6 of which provided for the provision of benefits at the location indicated by foreign workers, is no longer in force. It requests the Government to indicate the measures that have been taken or are envisaged to give effect to this provision of the Convention under the terms of which equality of treatment should be guaranteed to foreign workers and their dependants without any condition as to residence.

Article 2. The Committee notes the agreements concluded with Cape Verde in 1980 and Portugal in 1979 and 1980. It requests the Government to supply information on any agreement concluded under this provision of the Convention and to supply copies of it

Point V of the report form. The Committee notes that the Government has no information available on the practical application of the Convention which, however, according to the Government does not raise any particular problems. Nevertheless, it requests the Government to supply in future any statistics that are available in accordance with this point of the report form.

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