Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 1, paragraph 2, of the Convention.  In its previous comments, the Committee drew the Government’s attention to the provisions of section 29 of Decree No. 57-245 of 24 February 1957 respecting the compensation and prevention of occupational accidents and diseases which, in contravention to this provision of the Convention, allows the reduction or, even in some cases, the suppression of entitlement to compensation in the event of an employment accident in the case of foreign workers or their dependants living abroad. In its last report, the Government indicates that at the meeting of the Higher Labour and Employment Council in September 2001, it submitted several draft texts under the Labour Code, which were favourably received by the social partners. Furthermore, a draft text repealing Decree No. 57-245 above will soon be prepared in collaboration with the social partners, taking into account the provisions of the Convention. The Committee notes this information. It trusts that the Government will not fail to take all the necessary measures, either to amend the provisions of section 29 of Decree No. 57-245 referred to above, or to adopt new legislation on occupational injury compensation, so as to give effect to this provision of the Convention, which provides for equality of treatment in respect of compensation for employment accidents for foreign workers who are nationals of a country bound by the Convention and its own nationals without any condition of residence.