Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee takes note of the information sent by the Government in its report responding to the Committee’s previous comments. It asks the Government to provide further information on the following points.

Article 1 of the Convention. 1. Persons residing abroad. In its previous comments, the Committee invited the Government to state whether, and if so how, victims of industrial accidents or their dependants are provided with cash benefits (prestaciones económicas) in the event of residence abroad. In its report, the Government indicates that for compensation of occupational risks, the national legislation applies as a rule the principle of territoriality while maintaining a distinction depending on whether or not the Colombian national intends to settle abroad permanently. In such cases, a distinction must be made between entitlement to medical benefits and entitlement to cash benefits. According to the Government’s report, a Colombian national established abroad on a permanent basis would lose the entitlement to medical benefit but would at the same time keep the entitlement to cash benefits (prestaciones económicas), regardless of whether the location (Colombia or abroad) of the accident is known.

The Committee takes due note of this information. In so far as the applicable regulations (Ministry of Labour and Social Security Decree No. 1295 of 1994) apply to all workers regardless of their nationality, as the Committee understands matters foreign nationals from countries that are parties to the Convention (and their dependants) who reside abroad are entitled to recognition and payment of cash benefits (prestaciones económicas) under the same conditions as Colombian workers in the event of industrial accident. It would be grateful if the Government would specify whether this is actually the case.

2. Persons abroad temporarily or briefly. According to the Government’s report, when Colombian nationals affiliated to the general occupational accident compensation scheme (SGRP) are abroad for the purpose of carrying on an occupational activity and suffer an industrial accident, the Occupational Accident Insurance Fund (occupational risk management bodies – ARP) must provide emergency medical care and ensure their transfer to Colombia. The Committee is asked to confirm that foreign workers from other countries that are parties to this Convention (and their dependants) have these same rights as Colombian nationals in such circumstances.

3. The dependants of a worker deceased following an industrial accident. The Committee notes that according to the Government, the family of a worker who has died following an employment accident abroad is entitled to all the economic benefits (survivors’ pension) provided by the SGRP pursuant to Decree No. 1295 of 1994. It requests the Government to indicate in its next report whether, as the Committee understands it, the cash benefits guaranteed by this Decree are paid abroad when the victim’s dependants (Colombian or foreign wife) reside outside Colombia.