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

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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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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.

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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
Article 2 of the Convention (in conjunction with Article 3). Protection of public servants and employees of the public administration against employment accidents. The Committee notes that, under the terms of section 2(a) of Decree No. 53/05, public servants and employees of the public administration are excluded from the scope of these regulations. Recalling that Article 2 of the Convention provides that it shall apply to persons employed by any establishment of whatsoever nature, whether public or private, the Committee requests the Government to indicate whether, as envisaged in Article 3 of the Convention, a special scheme which is not less favourable than those of the Convention is applicable to these categories of workers.
Article 7. Additional compensation provided for victims of accidents requiring the constant help of another person. The Committee notes, as emphasized by the organization UNTA-Confederação sindical in its 2007 comments, which have remained without a response from the Government, that Decree No. 53/05 does not provide that additional compensation shall be provided to victims of accidents suffering incapacity which requires the constant help of another person, in accordance with this provision of the Convention. The Government is requested to indicate 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 8. Measures of supervision and methods of review of the level of compensation. The Committee notes that section 42 of Decree No. 53/05 provides that the amount of the annuities envisaged by Decree No. 53/05 shall be adjusted by the Employment Accident and Occupational Disease Pension Adjustment Fund (FUNDAP), which is to be established by ministerial decree. The Committee requests the Government to provide a copy of the decree establishing the above Fund and to supply information on its activities including, for example, copies of the reports on its activities.
Part V of the report form. Application of the Convention in practice. The Committee notes that, under the terms of section 47 of Decree No. 53/05, supervision of the application of the regulations respecting employment accidents is entrusted to the general labour inspectorate. It also notes the detailed statistical data provided by the Government and taken from the reports of the general labour inspectorate in relation to employment accidents for the years 2006 and 2007. These data show that the construction sector in 2006 and 2007 recorded a number of employment accidents that was higher, by 37.5 and 28 per cent, respectively, than the average for other economic sectors. The Committee would be grateful if the Government would provide a general assessment of the manner in which, particularly in the construction sector, the arrangements for the notification of employment accidents operate in practice, and on the sanctions applied in cases of violations of the regulations respecting employment accidents.

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Article 2 of the Convention (in conjunction with Article 3). Protection of public servants and employees of the public administration against employment accidents. The Committee notes that, under the terms of section 2(a) of Decree No. 53/05, public servants and employees of the public administration are excluded from the scope of these regulations. Recalling that Article 2 of the Convention provides that it shall apply to persons employed by any establishment of whatsoever nature, whether public or private, the Committee requests the Government to indicate whether, as envisaged in Article 3 of the Convention, a special scheme which is not less favourable than those of the Convention is applicable to these categories of workers.

Article 7. Additional compensation provided for victims of accidents requiring the constant help of another person. The Committee notes, as emphasized by the organization UNTA-Confederação sindical in its 2007 comments, which have remained without a response from the Government, that Decree No. 53/05 does not provide that additional compensation shall be provided to victims of accidents suffering incapacity which requires the constant help of another person, in accordance with this provision of the Convention. The Government is requested to indicate 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 8. Measures of supervision and methods of review of the level of compensation. The Committee notes that section 42 of Decree No. 53/05 provides that the amount of the annuities envisaged by Decree No. 53/05 shall be adjusted by the Employment Accident and Occupational Disease Pension Adjustment Fund (FUNDAP), which is to be established by ministerial decree. The Committee requests the Government to provide a copy of the decree establishing the above Fund and to supply information on its activities including, for example, copies of the reports on its activities.

Part V of the report form. Application of the Convention in practice. The Committee notes that, under the terms of section 47 of Decree No. 53/05, supervision of the application of the regulations respecting employment accidents is entrusted to the general labour inspectorate. It also notes the detailed statistical data provided by the Government and taken from the reports of the general labour inspectorate in relation to employment accidents for the years 2006 and 2007. These data show that the construction sector in 2006 and 2007 recorded a number of employment accidents that was higher, by 37.5 and 28 per cent, respectively, than the average for other economic sectors. The Committee would be grateful if the Government would provide a general assessment of the manner in which, particularly in the construction sector, the arrangements for the notification of employment accidents operate in practice, and on the sanctions applied in cases of violations of the regulations respecting employment accidents.

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Article 2(1) of the Convention. Protection of apprentices in the event of employment accidents. The Committee notes with satisfaction that, under the terms of section 7 of Decree No. 53/05 of 15 August 2005 on the legal framework for employment accidents and occupational diseases, coverage of occupational risks has been extended to apprentices and trainees, as requested by the Committee in its previous comments.

The Committee is raising certain other matters in a request addressed directly to the Government.

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The Committee notes from the Government’s report that the observations made in 2007 by the National Union of Angolan Workers (UNTA), identifying a number of shortcomings in national law and practice with respect to the Convention, are currently being considered by the ILO National Tripartite Commission which will shortly issue an opinion. The Committee hopes that, in its next report, the Government will supply detailed information with respect to the above comments as well as on the manner in which the new industrial accidents scheme established by Decree No. 53/05 of 15 August 2005 concerning industrial accidents and occupational diseases and Act No. 7/04 of 15 October 2004 concerning basic social protection, give effect to each of the provisions of the Convention.

[The Government is asked to reply in detail to the present comments in 2010.]

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The Committee notes the Government’s report referring to the adoption, during the period covered by the report, of Decree No. 53/05 of 15 August 2005 concerning industrial accidents and occupational diseases, which repeals the legislation previously governing workmen’s compensation. The Committee also notes the information supplied by the National Union of Angolan Workers (UNTA) referring to points with regard to which it alleges the national legislation is unable to give effect to the provisions of the Convention. Since the Government has not forwarded any reply made to the abovementioned allegations, the Committee invites it to do so without delay so that it can evaluate all the elements in the file at its next session, at which it will also have a translation of the new legislation governing workmen’s compensation.

[The Government is asked to reply in detail to the present comments in 2008.]

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1. With reference to its observation, the Committee hopes that the draft regulations respecting compensation for employment injury, envisaged under section 58 of Act No. 18/90 on the social insurance system, will be adopted in the near future and that they will give full effect to the Convention. In this respect, it wishes to draw the Government's attention to the following points.

Article 2, paragraph 1, of the Convention. The Committee recalls that, under this provision of the Convention, apprentices are entitled to compensation in the event of employment injury. In these conditions, the Committee hopes that the above regulations will also cover apprentices, who are not explicitly mentioned in section 4 of Act No. 18/90 on the social insurance system.

Article 2, paragraph 2(a). In reply to the Committee's previous comments, the Government indicates that Act No. 18/90 on the social insurance system is being progressively applied and that no workers are excluded from its scope. In these conditions, the Committee would be grateful if the Government would state in its next report whether the abovementioned Act No. 18/90 has been extended to casual workers. In this respect, the Committee recalls that only persons whose employment is of a casual nature and who are employed otherwise than for the purpose of the employer's trade or business may be excluded from the employment injury scheme. It hopes that the Government will be able to take into account the above comments in the adoption of the regulations respecting compensation for employment injury.

2. The Committee would also be grateful if the Government would provide fuller information in its next report on the manner in which the Convention is applied in practice, and particularly statistical information, in accordance with Part V of the report form.

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In reply to the Committee's previous comments, the Government indicates in its report that the draft regulations respecting employment injury, envisaged under section 58 of Act No. 18/90 on the social insurance system, have not yet been approved. In this respect, the Government states that, in accordance with section 7 of Resolution No. 12/81, until the regulations are adopted, Title III of the Labour Act of 1957 (Decree No. 2827) and the relevant sections of the Rural Labour Code of 1962 (Decree No. 44309) remain in force, despite the fact that these two Decrees were repealed by section 169 of the General Labour Act of 1981. Moreover, the provisions of section 141 of the General Labour Act, under which enterprises are obliged to insure their employees against employment injury, also remain in force.

The Committee notes this information. It hopes that the Government's next report will contain more detailed information on the progress achieved in the adoption of the regulations respecting employment injury, envisaged under section 58 of Act No. 18/90 on the social insurance system. The Committee requests the Government to provide a copy of the above regulations as soon as they have been adopted. In this respect, the Committee reminds the Government that it may seek the technical assistance of the Office.

The Committee raises other points in a request addressed directly to the Government.

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With reference to its observation, 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, have not yet been adopted. It also notes the Government's statement that the Committee's comments will be taken into account when the regulations are adopted. As the report does not contain any other information on the questions raised by the Committee in its previous request, the Committee wishes once again to draw the Government's attention to the following points:

1. Article 2, paragraph 1, of the Convention. The Committee hopes that the regulations respecting the compensation of industrial accidents and occupational diseases provided for in section 58 of Act No. 18 of 27 October 1990 will also apply, in accordance with this provision of the Convention, to apprentices, in view of the fact that these are not referred to explicitly in section 4 of Act No. 18.

2. Article 2, paragraph 2(a). Section 85(1)(c) of Act No. 18 of 1990 temporarily excludes casual workers from its scope. The Committee hopes that the regulations respecting the compensation of industrial accidents which are to be adopted will limit this exclusion to persons whose employment is of a casual nature and who are employed otherwise than for the purpose of the employer's trade or business, in accordance with the provisions of paragraph 2(a) of Article 2 of the Convention.

3. Article 10. The Committee would be grateful if the Government would indicate whether, and by virtue of what provision, the prostheses referred to in section 23(1)(a) of Decree No. 16 of 9 August 1986 are provided free of charge to the victims of industrial accidents, in accordance with this Article of the Convention. Please also indicate whether, in what manner, and by virtue of which provision, artificial limbs and surgical appliances are renewed, in view of the fact that section 23 above only refers to the supply of prostheses.

4. Furthermore, the Committee would be grateful if the Government would supply detailed information on the implementation in practice of the national health system and on the development of its structures, in order to enable it to assess whether these respond to the needs of victims of industrial accidents in respect of medical aid, surgical and pharmaceutical aid, as well as artificial limbs and surgical appliances, in accordance with Articles 9 and 10 of the Convention.

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With reference to its previous comments, the Committee notes from the Government's report that the implementing regulations concerning the compensation for industrial accidents and occupational diseases provided for in section 58 of the Act respecting the social security system, No. 18/90, 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 provided that the compensation for occupational injuries would continue to be regulated by the system that was previously applicable, although the relevant legislation had been formally repealed and no new corresponding social security legislation had 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 which provisions of the previous legislation still remain in force and to what extend they continue to ensure the payment of cash benefits to the victims of industrial accidents, in accordance with Articles 5 to 8 of the Convention. At the same time the Committee once again expresses the hope that the above-mentioned regulations concerning compensation for industrial accidents and occupational diseases provided for under section 58 of Act No. 18/90 will be adopted very shortly and that they will give full effect to the Convention. It requests the Government to indicate the progress made in this respect in its next report and to supply the text of these regulations when they have been adopted.

The Committee also draws the Government's attention to certain points that it is raising in a direct request.

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With reference to its observation, the Committee wishes to draw the Government's attention to and receive further information on the following points:

2. Article 2, paragraph 2 (a). Section 85(1)(c) of Act No. 18 of 1990 temporarily excludes casual workers from its scope. The Committee hopes that the regulations respecting the compensation of industrial accidents which are to be adopted will limit this exclusion to persons whose employment is of a casual nature and who are employed otherwise than for the purpose of the employer's trade or business, in accordance with the provisions of paragraph 2(a) of Article 2 of the Convention.

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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 the other legal texts supplied by the Government with its report. It notes in particular that section 58 of the above Act provides for the adoption by the Council of Ministers of implementing regulations respecting compensation for industrial accidents and occupational diseases; pending the publication of these regulations, the compensation of industrial injuries is vested with the National Insurance and Reinsurance Company (ENSA), under the terms of section 59 of the Act.

The Committee, however, notes that in the absence of such 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 would appear to be no specific legal provisions which currently provide for the payment of cash benefits to the victims of industrial accidents.

In these conditions, the Committee hopes that the implementing regulations concerning the compensation for industrial accidents and occupational diseases provided for in section 58 of Act No. 18/90 of 1990 will be adopted in the very near future in order to give full effect to the Convention, and in particular to Articles 6 to 8. It requests the Government to indicate the progress achieved in this respect in its next report and to supply the text of the above regulations when they have been adopted.

The Committee also draws the Government's attention to certain points that it is raising in a direct request.

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The Committee understands that a new Social Security Act has been adopted. It requests the Government to communicate a copy of this Act with its next report.

Furthermore, the Committee hopes that the implementing regulations for this Act in respect of compensation for occupational injuries will be adopted in the near future and that they will give full effect to the provisions of the Convention, in particular, Article 7 (additional compensation for cases where the victims of occupational accidents must have the constant help of another person) which has been the subject of previous comments. Finally, the Committee requests the Government to communicate the regulations of the National Insurance Company (ENSA) which still appears to be the institution responsible for matters concerning occupational hazards.

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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 matter raised in its previous direct request, which read as follows:

The Committee requests the Government to indicate whether the draft Decree which was prepared to introduce a compulsory insurance scheme against occupational injuries, to which it referred in its previous report, has been adopted and, if so, to transmit the text of the Decree. It hopes that this Decree will contain provisions which correspond to those of the Convention, and in particular to Article 7 of the Convention, which has been the subject of previous comments.

The Committee also requests the Government to supply information on the effect given to the Convention in practice, and on the rules and operation of the National Insurance Company (ENSA) which, according to the Government's statements, continues at present to cover occupational injuries.