Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

Repetition

Article 1(2) of the Convention. Equality of treatment in relation to compensation for industrial accidents. Ever since the Convention was ratified in 1978, the Committee has been drawing the Government’s attention to the need to amend section 29 of Decree No. 57-245 of 1957 concerning compensation for industrial accidents and occupational diseases in order to bring the national regulations into conformity with Article 1(2) of the Convention, according to which the nationals of States that have ratified the Convention and their dependants must receive the same treatment as Djibouti grants to its own nationals in respect of accident compensation. Under the terms of the Decree No. 57-245 of 1957, unlike nationals, foreign workers injured in industrial accidents who transfer their residence abroad no longer receive a periodic payment but a lump sum payment equal to three times the periodic payment they received previously. The Committee notes that the Government refers in its report to Act No. 154/AN/02/4ème-L of 31 December 2002 codifying the functioning of the Social Protection Institute (OPS) and the general retirement scheme for employees, indicating that the Act does not prescribe different treatment for national and foreign employees and their dependants with regard to compensation for industrial accidents and, in accordance with the Convention, does not impose any residence requirement for foreign workers to be entitled to benefits. The Committee observes, however, that the abovementioned Act does not primarily deal with periodic payments for industrial accidents but rather with the issue of those payments being combined with retirement benefits. It further observes that, in its report on the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), the Government continues to refer to the provisions of Decree No. 57 245 of 1957 in the context of the regulations governing periodic payments for industrial accidents. In view of the above, the Committee again requests that the Government amend section 29 of Decree No. 57-245 of 1957 so as to bring the national legislation into full conformity with Article 1(2) of the Convention.