Solicitud directa (CEACR) - Adopción: 1993, Publicación: 80ª reunión CIT (1993)

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.