Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

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.]