Observation (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

Since the Convention came into force for the Central African Republic, the Committee has been noting that the schedule of occupational diseases annexed to Ordinance No. 59/60 of 20 April 1959 does not give effect to the Convention. It has therefore drawn the Government’s attention to the need to amend the above schedule, firstly by eliminating the limitative nature of the list of pathological manifestations which may be caused by lead and mercury poisoning and, secondly, by adding, among the kinds of work which may lead to anthrax infection, the operations of "loading and unloading or transport of merchandise" in general, in accordance with Article 2 of the Convention. The Committee notes that, already in its 1980 report, the Government referred to the adoption of a draft decree prepared following a direct contacts mission between a representative of the Director-General of the ILO and the competent national services with a view to bringing the legislation into conformity with the Convention. It recalls, in this respect, that the Conference Committee indicated its concern in 1981 and 1983 at the absence of progress in the adoption of the above draft decree.

In its last report, the Government indicates that, as the occupational disease branch is not taken into account in the Central African Republic, the legislation covering this field is not applicable. This information leaves the Committee surprised and concerned. It recalls that the Convention has been in force for the Central African Republic for nearly 40 years and that, in the successive reports that it has provided on its application, the Government has always indicated that the legislation giving effect to the Convention is Act No. 65/66 of 24 June 1965 establishing the scheme for the compensation and prevention of employment accidents and occupational diseases and, in the absence of a decree under section 41 of the Act, Ordinance No. 59/60 of 20 April 1959 referred to above. The Committee recalls that, by ratifying the Convention, the Government undertook, firstly, to ensure that compensation shall be payable to workmen incapacitated by occupational diseases or to their dependants in accordance with the general principles of the national legislation relating to compensation for industrial accidents, in accordance with Article 1 of the Convention and, secondly, to consider as occupational diseases those diseases and poisonings produced by the substances set forth in the Schedule appended to the Convention, in accordance with Article 2. In these conditions, the Committee trusts that the Government will not fail to clarify this situation by indicating the manner in which the protection afforded by this Convention is ensured in practice.

With regard to the question of bringing the legislation previously declared applicable into conformity with the Convention, the Committee is bound to urge the Government once again to take the necessary measures to amend the schedule of occupational diseases appended to Ordinance No. 59/60, taking into account the comments made above.

[The Government is asked to reply in detail to the present comments in 2003.]