Demande directe (CEACR) - adoptée 2002, publiée 91ème session CIT (2003)

In earlier comments, the Committee noted the adoption by the House of Representatives of Zanzibar of the Workmen’s Compensation Act of 1986 and it requested certain information from the Government in this respect. In its last report, the Government indicates that the Zanzibar Revolutionary Government has not provided any information on the groups which may be excluded from the scope of the above Act. It adds that, in the labour law reform process, the provisions of the Workmen’s Compensation Act which are not in conformity with the Convention, will be amended. The Committee notes this information. It hopes that the Government will not fail to take every measure to make the necessary amendments to the Act and that it will provide information on the following points.

Article 3, paragraph 2, of the Convention (in relation with Article 2). (a) The Committee notes that section 2(a) and (b) of the Workmen’s Compensation Act excludes employees of the Special Department and the Union Government. It recalls that Article 3 of the Convention permits the exemption of classes of workers if they are covered by some special scheme, the terms of which are not less favourable than the Convention. The Committee requests the Government to provide information on the compensation scheme applying to employees of the Special Department and the Union Government.

(b) Section 2(d) of the above Act authorizes the Minister of Labour to exempt from the coverage of the Act any class of workers. The Committee would be grateful if the Government would indicate the classes of workers which have been excluded under this provision of the Act and, where appropriate, the protection by which they are covered.

Articles 5 and 7. The Committee notes that sections 10, 11 and 12 of the above Act provide for the payment of compensation in the form of a lump sum in the event of death or permanent incapacity, as well as in the case that the injured worker needs the constant help of another person. It recalls that under Articles 5 and 7 of the Convention such compensation shall be paid in the form of periodical payments and that total and partial payment in a lump sum is permitted only if the competent authority is satisfied that it will be properly utilized. The Committee would be grateful if the Government would provide information on the measures which have been taken or are envisaged to bring the national legislation into conformity with these Articles of the Convention.

Article 11. By virtue of sections 8(1) and 48(c) of the Workmen’s Compensation Act, the Minister of Labour may require any employer or class of employers to subscribe to an insurance scheme. The Committee requests the Government to provide information on the classes of employers upon whom this obligation of insurance has been imposed.