Observación (CEACR) - Adopción: 2007, Publicación: 97ª reunión CIT (2008)

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.