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Repetition Application of the Convention in practice. Referring to its previous comments, the Committee notes the Government’s statement that the high incidence of industrial accidents stems from the lack of a prevention and safety policy in upstream enterprises, which also means a lack of resources for investing in appropriate protective equipment. The Committee observes that occupational safety and health constitute the essential complement to the protection provided by social security in relation to industrial accidents. The Committee draws the Government’s attention to the Promotional Framework for Occupational Safety and Health Convention, 2006 (No. 187), and Recommendation, 2006 (No. 197), which stress the importance of the ongoing promotion of a national culture of prevention in safety and health, and also to the Labour Inspection Convention, 1947 (No. 81), ratified by Djibouti, under the terms of which labour inspection systems must, inter alia, secure the enforcement of the legal provisions relating to safety, health and welfare, and refers to its comments on this Convention. The Committee therefore requests the Government to provide detailed information on the application of the Convention in practice, indicating the number and nature of the occupational accidents reported and also the total cost of benefits in cash and in kind. The Government is also requested to supply information on the financial situation of the industrial accident and occupational disease branch managed by the National Social Security Fund (CNSS), which has now incorporated the former Social Protection Institute (OPS) and the National Retirement Fund (CNR) with a view, according to the report, to sharing and optimizing the running costs of this branch and those of the old-age pension branch.
The Committee notes the information communicated by the Government and the General Union of Djibouti Workers (UGTD). The Committee notes that the Government’s report refers exclusively to section 135 of Act No. 133/AN/05/5ème of 26 January 2006 issuing the Labour Code, which sets forth the procedures for reporting occupational accidents to the competent authorities. It also notes that, according to the UGTD, Djibouti has no legal framework relating directly to compensation for occupational accidents. In this regard, the Committee recalls that at the beginning of the 1990s, the Social Security Fund which manages the industrial accidents scheme had, with ILO assistance, begun the process of codifying and adapting the national legislation. This had made it possible to prepare a Bill and an implementing Order which were to be submitted to the competent authorities in order to ensure better implementation of the Convention. In this regard, the Committee would be grateful if the Government would indicate in its next report the follow-up given to the abovementioned reform Bill. It recalls that section 135 of the Labour Code, referred to in the Government’s report, cannot be considered sufficient to implement the provisions of the Convention concerning compensation for occupational accidents.
The Committee notes with interest from the information supplied by the Government in its report, that the Social Security Fund which manages the industrial accidents scheme, has requested ILO assistance in codifying and adapting the existing legislation to the present situation, and that a Bill and an implementing Order prepared with the help of an ILO consultant will be submitted to the competent authorities to ensure in particular better implementation of Convention No. 17.
The Committee asks the Government to inform it of progress made in this respect in its future reports.