Demande directe (CEACR) - adoptée 2001, publiée 90ème session CIT (2002)

1. The Committee notes the information provided by the Government in its last report. It also notes the adoption of the new General Labour Act (No. 2/00), section 85(1)(b) of which requires employers to insure all their workers, apprentices and trainees against occupational accidents and diseases.

2. With reference to its previous comments, the Committee notes that the implementing regulations on compensation for occupational accidents and diseases provided for by section 58 of the Social Security System Act, No. 18/90, have not yet been adopted by the Council of Ministers. It hopes that these regulations will be adopted shortly and will enable full effect to be given to the provisions of the Convention. The Committee would like once again to draw the Government’s attention to the following points in this connection:

-  Section 4 of Act No. 18/90 applies to foreign workers in Angola in the cases covered by the legislation or international agreements. The Committee once again points out that Article 1 of the Convention requires equal treatment in respect of accident compensation between nationals and foreign workers from a State that has ratified the Convention or their dependants, without any condition of residence and irrespective of whether any reciprocity agreement has been concluded.

-  Under section 6(1) of Act No. 18/90, the obligation to be insured under the social security scheme established by the Act does not apply to foreigners who are covered by the social security scheme of another country. The Committee again points out that, in order to be consistent with the Convention, measures to avoid coverage by more than one insurance must not depend on the nationality of the persons insured. The Committee also draws the Government’s attention to the option afforded by Article 2 of the Convention: "Special agreementsmay be made between the members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws or regulations of the latter Member."

[The Government is asked to report in detail in 2003.]