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Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

Article 9. Medical, surgical, and pharmaceutical costs. The Committee takes note of the information provided in the Government’s report that according with section 79(1)(c) of the Employment Act 2023, health allowances are provided or reimbursed to workers and their dependents where necessary and shall not exceed two months of the workers’ annual basic salary. In addition, the Government indicates that healthcare services are provided by Government funded hospitals at low costs so that medical allowances are sufficient to complement benefits provided by employers. The Committee recalls that Article 9 of the Convention establishes that the cost of health care provided in case of work-related accidents must be borne by the employer, accident insurance institutions or sickness or disability insurance institutions. The Committee requests the Government to explain whether, in the event of work-related accidents, the State assumes responsibility for medical care costs not borne by employers that exceed the medical allowance paid to workers, including prosthetic limbs and pharmaceutical costs.

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comment

The Committee takes due note of the information provided by the Government in its report that the ratification process of the Social Security (Minimum Standards) Convention, 1952 (No. 102) and of the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), has not yet been concluded. The Committee also takes note of the information that, simultaneously, a new Workmen’s Compensation Act is being drafted. The Committee requests the Government to provide information on progress made in this regard and hopes that the new Workmen’s Compensation Act will be in compliance with the ratified international labour standards concerning employment injury protection at the time of its adoption. The Committee recalls that the Government can avail itself of the ILO technical assistance in this regard..
Article 1 of the Convention. Ensuring the coverage and effective protection of workers in case of industrial accidents. The Committee notes that no information has been provided on measures taken to broaden the coverage to guarantee compensation to workers and their dependents as set out in the Convention. The Committee also notes the indication that statistical data on persons protected is not available due to budgetary constraints and that the Government is seeking funding to improve data collection. The Committee notes with concern that the number of workers engaged in informal employment is particularly high in Sierra Leone, achieving ninety-three percent of the workforce in 2018 (see ILOSTAT), which prevents most workers from accessing compensation in the event of work-related accidents. In light of the above, the Committee urges the Government to take the necessary measures for the progressive extension of the coverage in case of work-related accidents to ensure that all victims of work-related accidents, or their dependents in case of death, are compensated as set out in the Convention. In addition, the Committee hopes that the Government will be soon in a position to provide comprehensive statistical data on the current coverage and benefits afforded within the workmen’s compensation scheme.
Article 5. Compensation in case of permanent incapacity for work or death. The Committee takes note of the information that courts are the institutions responsible for conducting the review of the circumstances of work accidents and assessing whether the appropriate compensation has been paid and will be properly utilized. Moreover, according to section 13 of the current Workmen’s Compensation Act, workers must rely on the courts in order to properly receive compensation due to a work-related accident, where procedures can be lengthy and costly. The Committee recalls that Article 5 of the Convention provides that, in principle, compensation shall be paid in the form of periodical payments and only authorizes the conversion into a lump sum when the competent authority is satisfied that it will be properly utilized. The Committee requests the Government to provide information on: (i) the number of workers who have received work-related accident compensations in the period under review; and (ii) the number of judicial decisions in this regard. Furthermore, the Committee encourages the Government to ensure that the Workers' Compensation Act currently being drafted fully complies with the provisions of Article 5 of the Convention concerning periodical payments in the case of compensation payable to workers in the event of work-related accidents.
The Committee is raising other matters in a request addressed directly to the Government.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

Article 1 of the Convention. Ensuring the coverage and effective protection of workers in case of industrial accidents. The Committee observes that, pursuant to the Workmen's Compensation Ordinance of 1954 (WCO), employers are liable for the payment of compensation in respect of any personal injury by accident caused to their workers in the course of, or arising out of employment. It also observes that, since 2016, employers with more than five employees are obligated to insure their liability with private insurance carriers, according to section 22 of the Insurance Act of 2016. The Committee further observes that, while all employees are covered under the national legislation, they represent only 10.8 per cent of the labour force (ILO, World Social Protection Database, 2021). The majority of workers in the country thus have no entitlement to compensation in case of work-related accidents for being in a work arrangement that does not qualify as employment under the law, or because they operate in the informal economy, which is prevalent, according to Sierra Leone’s 4th National Human Development Report, 2019, published by the United Nations Development Programme (UNDP). In addition, the Committee observes from the 2018 Integrated Household Survey Report that the largest number of workers in the informal economy are located in regions highly engaged in mining and agriculture, considered particularly dangerous activities, characterized by a high rate of injury. Taking into account the small proportion of workers protected by law in case of work-related accidents and the specificities of the labour market, the Committee requests the Government to consider taking measures to broaden the coverage of the workers’ compensation scheme, or introducing new mechanisms of protection, to ensure that all victims of work-related accidents, or their dependents in case of death, are compensated as set out in the Convention. The Committee requests the Government to provide information on any measures taken or envisaged in this respect, with a view to progressively extending the protection of workers under the Convention and recalls the possibility of availing itself of the ILO’s technical assistance for this purpose.
The Committee further requests the Government to supply statistical data, to enable it to assess the manner in which national laws and regulations respecting work accidents are applied in practice in Sierra Leone, including in particular: (i) the total number of workers, employees and apprentices employed by all enterprises, undertakings and establishments, to whom the Convention is applicable; (ii) the total amount of compensation paid in cash and the average amount of compensation paid to victims of work accidents; and (iii) the number and nature of work accidents reported and the number of work accidents in respect of which compensation was paid.
Lastly, the Committee recalls the important role of labour inspection in the application of the Convention, and requests the Government to refer to its detailed comments under the Labour Inspection Convention, 1947 (No. 81).
Article 5. Compensation in case of permanent incapacity for work or death. For more than thirty years, the Committee has been drawing the Government’s attention to the fact that sections 6, 7 and 8 of the WCO, 1954 were not fully aligned with Article 5 of the Convention, by restricting the duration of payment of compensation due in respect of a work accident and limiting its total amount, and allowing a lump sum payment (equal to 42 times the worker’s monthly earnings in case of permanent incapacity for work and 56 times the deceased’s monthly earnings in case of death). In its previous comments, the Committee also noted the Government’s indication on the existence of a bill on worker’s compensation that reflected the provisions of the Convention concerning the payment of compensation due to a work accident throughout the period of contingency, and requested the Government to provide information on it.
The Committee notes the Government’s reply, in its report, that the bill on worker’s compensation has not been adopted yet. The Committee further notes that, according to section 13 (1)(a), (2) of the WCO, 1954, the compensation paid in case of permanent incapacity for work or death due to a work accident shall be transferred to a court which may order that the whole or any part of the compensation to be paid to a person entitled or to be invested, applied or otherwise dealt with for his/her benefit in such a manner as the court thinks fit. The Committee recalls that, according to Article 5 of the Convention, the compensation payable to victims of work accidents, in case of permanent incapacity or death, shall, in principle, be paid in the form of periodical payments, as long as the personal injury subsists or as long as the state of dependency exists. Nevertheless, Article 5 of the Convention allows the compensation due to a work accident be wholly or partially paid in the form of a lump sum, if the competent authority is satisfied that it will be properly utilized. The Committee therefore requests the Government to provide information on the manner in which the court or any other supervisory body conducts a review of the circumstances of work accident victims, and the basis on which that body is satisfied that the compensation in case of permanent incapacity for work or death due to a work accident, when paid as a lump sum, will be properly utilized, in line with Article 5 of the Convention. The Committee also requests the Government to provide information on any progress made in the adoption of the bill on worker’s compensation and to provide a copy of it, once adopted.
Article 9. Medical, surgical, and pharmaceutical aid. (i) Effective access to medical, surgical, and pharmaceutical aid. In its 2019 General Survey, Universal social protection for human dignity, social justice and sustainable development, paragraph 239, the Committee noted the existence of significant shortages of health and social workers in Sierra Leone, which it found to be challenging to guarantee the availability of adequate essential health care of acceptable quality for the population. The Committee further observes the findings of the UNDP’s National Human Development Report, 2019, according to which the health system in Sierra Leone has failed to deliver effective, safe and quality health interventions due to, particularly, a shortage of healthcare workers, high out-of-pocket payments, distance from public health facilities, and poor-quality services.
The Committee requests the Government (i) to indicate the measures in place to ensure the provision of the necessary medical, surgical and pharmaceutical aid to victims of work accidents as well as the effective access of injured workers to such aid, as required by Article 9 of the Convention and (ii) to provide information on the organization of the health services and facilities through which such aid is provided, and on the type of health providers involved in the provision of such aid.
(ii) Provision of medical, surgical, and pharmaceutical aid free of charge. The Committee observes that, by virtue of section 32 of the WCO, 1954, an employer shall defray the reasonable medical expenses incurred by a worker injured in the course of employment. The Committee further observes that, according to section 34 of the WCO, 1954, the fees and charges for medical aid to workers shall be established in accordance with a scale as may be prescribed, and that no claim for an amount in excess of a fee or charge in accordance with that scale shall lie against an employer in respect of any such medical aid. The Committee recalls that, pursuant to Article 9 of the Convention, the cost of medical, surgical, and pharmaceutical aids recognized to be necessary in consequence of work accidents shall be defrayed either by the employer, by accident insurance institutions, or by sickness or invalidity insurance institutions.
The Committee requests the Government to provide information as regards any scale that would have been adopted for the establishment of fees and charges for medical aid, prescribed pursuant to section 34 of the WCO, 1954, together with an explanation of how these fees and charges relate to the cost of medical care and treatment provided by the country’s health services. The Committee further requests the Government to indicate whether the costs of medical, surgical, and pharmaceutical aid incurred by victims of work accidents that would be in excess of the costs established by such scale(s) and therefore not assumed by the employer, are defrayed by an insurance institution, or whether they are at the charge of the injured worker.
The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that member States for which Convention No. 17 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee welcomes the indication by the Government that the process of ratification of Convention No. 102 is under way, and that the ratification of Convention No. 121 is being considered. The Committee requests the Government to keep it informed of any progress made in this regard, and invites the Government to take account of the relevant provisions of these Conventions when addressing the points raised above in relation to the application of Convention No. 17.

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

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
The Committee notes that the country is mentioned in a special paragraph of the report of the Conference Committee on the Application of Standards for failure to supply information in reply to comments made by the Committee. The Committee expects that the Government will be able to report on the application of Convention No. 17 soon and recalls that the technical assistance of the Office is at its disposal.
The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.
Repetition
The Committee notes that the country is mentioned in a special paragraph of the report of the Conference Committee on the Application of Standards for failure to supply information in reply to comments made by the Committee. The Committee expects that the Government will be able to report on the application of Convention No. 17 soon and recalls that the technical assistance of the Office is at its disposal.
The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2004.
Repetition
The Committee notes that the country is mentioned in a special paragraph of the report of the Conference Committee on the Application of Standards for failure to supply information in reply to comments made by the Committee. The Committee expects that the Government will be able to report on the application of Convention No. 17 soon and recalls that the technical assistance of the Office is at its disposal.
The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes with deep concern that the Government’s report has not been received since 2004.
Repetition
The Committee notes that the country is mentioned in a special paragraph of the report of the Conference Committee on the Application of Standards for failure to supply information in reply to comments made by the Committee. The Committee expects that the Government will be able to report on the application of Convention No. 17 soon and recalls that the technical assistance of the Office is at its disposal.
The Committee expects that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes with regret that the Government’s report has not been received since 2004 and the country is mentioned in a special paragraph of the report of the Conference Committee on the Application of Standards for failure to supply information in reply to comments made by the Committee. The Committee expresses deep concern in this regard and hopes that the Government will be able to report on the application of Convention No. 17 soon and recalls that the technical assistance of the Office is at its disposal.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous comments.
Repetition
Article 5 of the Convention. Payment of compensation in the form of periodical payments without limit of time. The Government indicates, in reply to the comments made for many years by the Committee, that a bill on workmen’s compensation has been formulated but not adopted as yet. It further states that the abovementioned draft legislation reflects the provisions of the Convention concerning the payment of injury benefits throughout the period of contingency and that copy of the revised legislation will be communicated to the ILO as soon as it is adopted. The Committee notes this information as well as the Government’s request for technical assistance from the Office in order to accelerate the implementation process of the revised legislation. The Committee expresses the hope that the draft legislation will soon be adopted and requests the Government to provide a copy of it. On the basis of the new legislation, the ILO would certainly be able to discuss with the Government the terms of the requested technical assistance.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:
Repetition
Article 5 of the Convention. Payment of compensation in the form of periodical payments without limit of time. The Government indicates, in reply to the comments made for many years by the Committee, that a bill on workmen’s compensation has been formulated but not adopted as yet. It further states that the abovementioned draft legislation reflects the provisions of the Convention concerning the payment of injury benefits throughout the period of contingency and that copy of the revised legislation will be communicated to the ILO as soon as it is adopted. The Committee notes this information as well as the Government’s request for technical assistance from the Office in order to accelerate the implementation process of the revised legislation. The Committee expresses the hope that the draft legislation will soon be adopted and requests the Government to provide a copy of it. On the basis of the new legislation, the ILO would certainly be able to discuss with the Government the terms of the requested technical assistance.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Repetition
Article 5 of the Convention. Payment of compensation in the form of periodical payments without limit of time. The Government indicates, in reply to the comments made for many years by the Committee, that a Bill on Workmen’s Compensation has been formulated but not adopted as yet. It further states that the abovementioned draft legislation reflects the provisions of the Convention concerning the payment of injury benefits throughout the period of contingency and that copy of the revised legislation will be communicated to the ILO as soon as it is adopted. The Committee notes this information as well as the Government’s request for technical assistance from the Office in order to accelerate the implementation process of the revised legislation. The Committee expresses the hope that the draft legislation will soon be adopted and requests the Government to provide a copy of it. On the basis of the new legislation, the ILO would certainly be able to discuss with the Government the terms of the requested technical assistance.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:
Repetition
Article 5 of the Convention. Payment of compensation in the form of periodical payments without limit of time. The Government indicates, in reply to the comments made for many years by the Committee, that a Bill on Workmen’s Compensation has been formulated but not adopted as yet. It further states that the abovementioned draft legislation reflects the provisions of the Convention concerning the payment of injury benefits throughout the period of contingency and that copy of the revised legislation will be communicated to the ILO as soon as it is adopted. The Committee notes this information as well as the Government’s request for technical assistance from the Office in order to accelerate the implementation process of the revised legislation. The Committee expresses the hope that the draft legislation will soon be adopted and requests the Government to provide a copy of it. On the basis of the new legislation, the ILO would certainly be able to discuss with the Government the terms of the requested technical assistance.
The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 5 of the Convention. In its last report, the Government indicates, in reply to the comments made for many years by the Committee, that a Bill on Workmen’s Compensation has been formulated but not adopted as yet. It further states that the abovementioned draft legislation reflects the provisions of the Convention concerning the payment of injury benefits throughout the period of contingency and that copy of the revised legislation will be communicated to the ILO as soon as it is adopted. The Committee notes this information as well as the Government’s request for technical assistance from the Office in order to accelerate the implementation process of the revised legislation. The Committee expresses the hope that the draft legislation will soon be adopted and requests the Government to provide a copy of it. On the basis of the new legislation, the ILO would certainly be able to discuss with the Government the terms of the requested technical assistance.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. In its last report, the Government indicates, in reply to the comments made for many years by the Committee, that a Bill on Workmen’s Compensation has been formulated but not adopted as yet. It further states that the abovementioned draft legislation reflects the provisions of the Convention concerning the payment of injury benefits throughout the period of contingency and that copy of the revised legislation will be communicated to the ILO as soon as it is adopted. The Committee notes this information as well as the Government’s request for technical assistance from the Office in order to accelerate the implementation process of the revised legislation. The Committee expresses the hope that the draft legislation will soon be adopted and requests the Government to provide a copy of it. On the basis of the new legislation, the ILO would certainly be able to discuss with the Government the terms of the requested technical assistance.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. In its report, the Government indicates, in reply to the comments made for many years by the Committee, that a bill on Workmen’s Compensation has been formulated but not adopted as yet. It further states that the abovementioned draft legislation reflects the provisions of the Convention concerning the payment of injury benefits throughout the period of contingency and that copy of the revised legislation will be communicated to the ILO as soon as it is adopted. The Committee notes this information as well as the Government’s request for technical assistance from the Office in order to accelerate the implementation process of the revised legislation. The Committee expresses the hope that the draft legislation will soon be adopted and requests the Government to provide a copy of it. On the basis of the new legislation, the ILO would certainly be able to discuss with the Government the terms of the requested technical assistance.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 5 of the Convention. In its report, the Government indicates, in reply to the comments made for many years by the Committee, that a bill on Workmen’s Compensation has been formulated but not adopted as yet. It further states that the abovementioned draft legislation reflects the provisions of the Convention concerning the payment of injury benefits throughout the period of contingency and that copy of the revised legislation will be communicated to the ILO as soon as it is adopted. The Committee notes this information as well as the Government’s request for technical assistance from the Office in order to accelerate the implementation process of the revised legislation. The Committee expresses the hope that the draft legislation will soon be adopted and requests the Government to provide a copy of it. On the basis of the new legislation, the ILO would certainly be able to discuss with the Government the terms of the requested technical assistance.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

Article 5 of the Convention. In its report, the Government indicates, in reply to the comments made for many years by the Committee, that a bill on Workmen’s Compensation has been formulated but not adopted as yet. It further states that the abovementioned draft legislation reflects the provisions of the Convention concerning the payment of injury benefits throughout the period of contingency and that copy of the revised legislation will be communicated to the ILO as soon as it is adopted. The Committee notes this information as well as the Government’s request for technical assistance from the Office in order to accelerate the implementation process of the revised legislation. The Committee expresses the hope that the draft legislation will soon be adopted and requests the Government to provide a copy of it. On the basis of the new legislation, the ILO would certainly be able to discuss with the Government the terms of the requested technical assistance.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

Article 5 of the Convention. In its report, the Government indicates, in reply to the comments made for many years by the Committee, that a bill on Workmen’s Compensation has been formulated but not adopted as yet. It further states that the abovementioned draft legislation reflects the provisions of the Convention concerning the payment of injury benefits throughout the period of contingency and that copy of the revised legislation will be communicated to the ILO as soon as it is adopted. The Committee notes this information as well as the Government’s request for technical assistance from the Office in order to accelerate the implementation process of the revised legislation. The Committee expresses the hope that the draft legislation will soon be adopted and requests the Government to provide a copy of it. On the basis of the new legislation, the ILO would certainly be able to discuss with the Government the terms of the requested technical assistance.

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that for the fifth consecutive year the Government’s report has not been received. It must therefore repeat its observation of 1995 which read as follows:

Article 5 of the Convention. For many years the Committee has been drawing the Government’s attention to the fact that sections 6, 7 and 8 of the Workmen’s Compensation Ordinance 1954, as amended in 1969, provide for periodic payments for injury benefit, which, although equivalent to the full amount of wages received prior to the accident, are paid only for a limited number of months, whereas under Article 5 of the Convention, payment shall be made throughout the contingency.

The Government states in its report that the final draft of the New Labour Legislation, which will provide for periodic payment of benefit in cases of work injury throughout the period of disability, is expected to be completed shortly. The Committee notes this information. It hopes that the process of enactment will be completed soon, and that the Government will supply a copy of the legislation once it is enacted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that for the fourth consecutive year the Government’s report has not been received. It must therefore repeat its observation of 1995 which read as follows:

Article 5 of the Convention. For many years the Committee has been drawing the Government’s attention to the fact that sections 6, 7 and 8 of the Workmen’s Compensation Ordinance 1954, as amended in 1969, provide for periodic payments for injury benefit, which, although equivalent to the full amount of wages received prior to the accident, are paid only for a limited number of months, whereas under Article 5 of the Convention, payment shall be made throughout the contingency.

The Government states in its report that the final draft of the New Labour Legislation, which will provide for periodic payment of benefit in cases of work injury throughout the period of disability, is expected to be completed shortly. The Committee notes this information. It hopes that the process of enactment will be completed soon, and that the Government will supply a copy of the legislation once it is enacted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 5 of the Convention. For many years the Committee has been drawing the Government’s attention to the fact that sections 6, 7 and 8 of the Workmen’s Compensation Ordinance 1954, as amended in 1969, provide for periodic payments for injury benefit, which, although equivalent to the full amount of wages received prior to the accident, are paid only for a limited number of months, whereas under Article 5 of the Convention, payment shall be made throughout the contingency.

The Government states in its report that the final draft of the New Labour Legislation, which will provide for periodic payment of benefit in cases of work injury throughout the period of disability, is expected to be completed shortly. The Committee notes this information. It hopes that the process of enactment will be completed soon, and that the Government will supply a copy of the legislation once it is enacted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which reads as follows:

Article 5 of the Convention.  For many years the Committee has been drawing the Government’s attention to the fact that sections 6, 7 and 8 of the Workmen’s Compensation Ordinance 1954, as amended in 1969, provide for periodic payments for injury benefit, which, although equivalent to the full amount of wages received prior to the accident, are paid only for a limited number of months, whereas under Article 5 of the Convention, payment shall be made throughout the contingency.

The Government states in its report that the final draft of the New Labour Legislation, which will provide for periodic payment of benefit in cases of work injury throughout the period of disability, is expected to be completed shortly. The Committee notes this information. It hopes that the process of enactment will be completed soon, and that the Government will supply a copy of the legislation once it is enacted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. For many years the Committee has been drawing the Government's attention to the fact that sections 6, 7 and 8 of the Workmen's Compensation Ordinance 1954, as amended in 1969, provide for periodic payments for injury benefit, which, although equivalent to the full amount of wages received prior to the accident, are paid only for a limited number of months, whereas under Article 5 of the Convention, payment shall be made throughout the contingency. The Government states in its report that the final draft of the New Labour Legislation, which will provide for periodic payment of benefit in cases of work injury throughout the period of disability, is expected to be completed shortly. The Committee notes this information. It hopes that the process of enactment will be completed soon, and that the Government will supply a copy of the legislation once it is enacted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Article 5 of the Convention. For many years the Committee has been drawing the Government's attention to the fact that sections 6, 7 and 8 of the Workmen's Compensation Ordinance 1954, as amended in 1969, provide for periodic payments for injury benefit, which, although equivalent to the full amount of wages received prior to the accident, are paid only for a limited number of months, whereas under Article 5 of the Convention, payment shall be made throughout the contingency.

The Government states in its report that the final draft of the New Labour Legislation, which will provide for periodic payment of benefit in cases of work injury throughout the period of disability, is expected to be completed shortly. The Committee notes this information. It hopes that the process of enactment will be completed soon, and that the Government will supply a copy of the legislation once it is enacted.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

Article 5 of the Convention. For a number of years, the Committee has been drawing attention to the fact that sections 6, 7 and 8 of the Workmen's Compensation Ordinance 1954, as amended in 1969, are not in conformity with this provision of the Convention, since, although they provide for periodic payments equivalent in theory to the amount of wages, they restrict payment of compensation to a certain number of months, whereas according to the Convention this payment should be made throughout the whole contingency.

In its reply received in September 1992 the Government, after referring to a mission conducted in Sierra Leone by the ILO regional adviser for social security, stated that discussions were held with social partners as well as with UNDP with a view to carrying out a planning consultancy which would devise a strategy for the future development of a social security system for the country. It was hoped that on the basis of its recommendations the current scheme, which is based on the principle of employers' liability backed by commercial insurance (and paying lump-sum benefits), will be replaced with a more modern employment injury scheme based on social insurance providing periodical payments. However, in its subsequent report received in December 1993 the Government limited itself to stating that no change has occurred in the application of the Convention. In this situation the Committee once again hopes that the Government will not fail to consider the above-mentioned issue and that its next report will contain information on the measures taken or contemplated to give full effect to Article 5 of the Convention.

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes with regret that for the second consecutive year the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. For a number of years, the Committee has been drawing attention to the fact that sections 6, 7 and 8 of the Workmen's Compensation Ordinance 1954, as amended in 1969, are not in conformity with this provision of the Convention, since, although they provide for periodical payments equivalent in theory to the amount of the wage, they restrict payment to a certain number of months, whereas the Convention, although it does not fix a rate for periodical payments, which may be only a percentage of the wage, provides for their payment throughout the whole contingency. In reply to the above comments of the Committee, the Government states that a technical co-operation mission in social security is under way. It hopes in future to be given recommendations concerning this Convention. It is also the Government's intention to re-examine the rates of the periodical payments and the Law Reform Commission has decided to discuss these matters. The Committee notes this information and once again hopes that the matters raised by the Committee for a number of years will be resolved in the near future.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. For a number of years, the Committee has been drawing attention to the fact that sections 6, 7 and 8 of the Workmen's Compensation Ordinance 1954, as amended in 1969, are not in conformity with this provision of the Convention, since, although they provide for periodical payments equivalent in theory to the amount of the wage, they restrict payment to a certain number of months, whereas the Convention, although it does not fix a rate for periodical payments, which may be only a percentage of the wage, provides for their payment throughout the whole contingency. In reply to the above comments of the Committee, the Government states that a technical co-operation mission in social security is under way. It hopes in future to be given recommendations concerning this Convention. It is also the Government's intention to re-examine the rates of the periodical payments and the Law Reform Commission has decided to discuss these matters. The Committee notes this information and once again hopes that the matters raised by the Committee for a number of years will be resolved in the near future.

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

Article 5 of the Convention. For a number of years, the Committee has been drawing attention to the fact that sections 6, 7 and 8 of the Workmen's Compensation Ordinance 1954, as amended in 1969, are not in conformity with this provision of the Convention, since, although they provide for periodical payments equivalent in theory to the amount of the wage, they restrict payment to a certain number of months, whereas the Convention, although it does not fix a rate for periodical payments, which may be only a percentage of the wage, provides for their payment throughout the whole contingency.

In reply to the above comments of the Committee, the Government states that a technical co-operation mission in social security is under way. It hopes in future to be given recommendations concerning this Convention. It is also the Government's intention to re-examine the rates of the periodical payments and the Law Reform Commission has decided to discuss these matters. The Committee notes this information and once again hopes that the matters raised by the Committee for a number of years will be resolved in the near future.

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