Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Djibouti (RATIFICATION: 1978)

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The Committee notes with deep concern that the Government’s reports, due since 2018, have not been received. In the light of the urgent appeal launched to the Government in 2020, the Committee will proceed with the examination of the application of the Convention on the basis of the information at its disposal.

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 17 (compensation of accidents) and 18 (occupational diseases) together.

Application of Conventions Nos 17 and 18 in practice. In its previous comments on the application of Convention No. 17, the Committee noted that, according to the Government, the high incidence of industrial accidents stemmed from the lack of a prevention and safety policy in upstream enterprises, and a lack of resources for investing in appropriate protective equipment. In the absence of up-to-date information available to it, the Committee once again requests the Government to provide information on (i) the number and nature of the occupational accidents reported and the number of cases of sickness detected; (ii) the amounts of the compensation payments in cash and in kind; and (iii) any other relevant information concerning the operation and effective implementation of the industrial accidents compensation scheme in order to be able to examine the application of Conventions Nos 17 and 18 in practice.

With regard to the monitoring of the application of the Conventions at the national level, the Committee is bound to highlight the importance of occupational safety and health standards, which represent an essential counterpart to the protection provided by social security in cases of industrial accidents, and refers the Government to the comments formulated under the Labour Inspection Convention, 1947 (No. 81).

Article 2 of Convention No. 18. Schedule of occupational diseases. In its previous comments, the Committee recalled that the schedule of occupational diseases annexed to Resolution No. 38 of 23 May 1959 did not cover certain poisonings caused by inorganic mercury compounds or, in particular, by organic compounds of lead (such as tetraethyl lead) or of mercury (such as phenyl mercury or methyl mercury), whose signs and symptoms differ significantly from those of lead poisoning or mercury poisoning. The Committee therefore noted that the schedule did not cover all of the pathological conditions caused by these substances, as required by Article 2 of the Convention. The Committee recalls that, according to this Article, the diseases and poisoning produced by the substances set forth in the Schedule appended to the same Article, as well as those caused by the alloys or compounds of these substances (lead and mercury), like the direct consequences of this poisoning, must be considered as occupational diseases when they affect workers engaged in the trades or industries corresponding to them in the said schedule. Noting the information transmitted by the Government concerning the launch of a wide-ranging programme for the registration of occupational diseases and the establishment of a new nomenclature for schedules of occupational disease, in accordance with the provisions of the Convention, the Committee trusted that this would be established in the near future. The Committee notes that, according to the information on the website of the National Social Security Fund (CNSS), the national schedules listing the occupational diseases are “regularly updated”.

The Committee requests the Government to indicate whether the updating of the schedule of occupational diseases referred to on the CNSS website has resulted in the inclusion of all the diseases and poisoning produced by the substances listed in the schedule appended to Article 2 of Convention No. 18, and to provide a copy of the legislative or regulatory texts containing the updating of the national schedules, or any other measure adopted in order to ensure the full application of the Convention.

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 Conventions Nos 17 and 18 are in force should be encouraged to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting the obligations in 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 therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October-November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or Convention No. 102 (accepting Part VI) as the most up-to-date instruments in this subject area.

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The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in 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

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.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in 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

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.

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The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2014.

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.

CMNT_TITLE

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.

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The Committee notes with regret that the Government’s report has not been received and requests once again the Government to supply a detailed report on the application of the Convention in national law and practice, in accordance with the report form adopted by the Governing Body of the ILO.

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The Committee notes the information provided by the Government in 2008 indicating the adoption of Act No. 154/AN/02/4èmeL of 2002 codifying the functioning of the Social Protection Institute (OPS). The Committee further notes that the Government’s regular report due in 2012 has not been received and therefore asks the Government to supply a detailed report on the application of the Convention in national law and practice, in accordance with the report form adopted by the Governing Body of the ILO.

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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.

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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.