Demande directe (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Repetition

The Committee notes the information sent by the Government in response to its previous comments. It notes in particular the adoption of Act No. 7/04 of 15 October 2004 on social protection and Decree No. 53/05 of 15 August 2005 on the statutory occupational accidents and diseases scheme. It notes that these two texts repeal the ones that previously governed occupational accidents and diseases. The Government is invited to send further information on the following point.

Article 1 of the Convention. Equality of treatment in the event of industrial accident. In reference to its previous comments, the Committee notes with interest that under section 1(3) of Decree No. 53/05, foreign workers carrying on an occupational activity in Angola are ordinarily subject to the compulsory social protection system subject to the existence of special schemes established by law or international agreement. The old legislation did not lay down the principle that these workers are to be treated on a par with Angolan workers, but provided that they were subject to the social security system only in the instances established in the legislation. The Committee would be grateful if in its next report the Government would indicate whether there are special schemes or international agreements within the meaning of section 1(3) of Decree No. 53/05 under which the principle of equal treatment between national and foreign workers may be waived. In this respect, Article 1 of the Convention establishes equal treatment in compensation of industrial accidents between Angolans and nationals of a State that has ratified the Convention or their dependants, and provides that such treatment shall be guaranteed with no conditions as to residence and whether or not reciprocity agreements have been concluded.

The Committee further notes that section 2(b) of Decree No. 53/05 provides, as did the regulations that applied previously, that foreign workers who are not resident in Angola are not subject to the requirement to join a compulsory social protection scheme provided they benefit abroad from a scheme for the compensation of industrial accidents and so demonstrate to the competent Angolan authorities. The Committee invites the Government to state whether, as Article 2 of the Convention requires, the workers concerned may be employed in Angola only temporarily or intermittently and by foreign employers. If this is the case, and in order to avoid all ambiguity, the Committee invites the Government to examine the possibility of amending the abovementioned provision of Decree No. 53/05, and to insert the provisions specified by the Convention. It would also be grateful if the Government would state whether any special agreements have been concluded with the countries of origin of these workers to facilitate arrangements for covering victims of industrial accidents who are in the position envisaged in section 2(b) of the abovementioned Decree.

Please also provide, as required by Part V of the report form, information, including statistics, on the manner in which effect is given to the Convention in practice, specifying, for instance, the number and countries of origin of foreign workers employed in Angola, those among them who remain subject to industrial accident insurance in their countries of origin and the amounts of any payments made abroad to victims of industrial accidents whether nationals or persons from a country that is a party to the present Convention or their dependants.