Invalidity Insurance (Agriculture) Convention, 1933 (No. 38) - Djibouti (RATIFICATION: 1978)

CMNT_TITLE

The Committee notes with deep concern that the Government’s reports, due since 2018, have not been received. In light of the urgent appeal launched to the Government in 2020, the Committee is proceeding 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 19 (equality of treatment, industrial accidents), 24 (sickness insurance, industry), 37 (invalidity insurance, industry), and 38 (invalidity insurance, agriculture) together.

Article 1(1) and (2) of Convention No. 19. Equality of treatment in relation to compensation for industrial accidents. In its previous comments, the Committee noted that since the Convention was ratified in 1978, it has been drawing the Government’s attention to the need to amend section 29 of Decree No. 57-245 of 1957 concerning compensation for industrial accidents and occupational diseases. This provision sets out that foreign workers injured in industrial accidents who are no longer resident in the country receive a lump sum payment instead of a periodic payment, while nationals are not subject to the same condition of residence in order to obtain a periodic payment as compensation for an industrial accident. In the absence of new information in this regard, the Committee once again requests the Government to take the necessary measures, without delay, to grant to the nationals of any other Member having ratified the Convention, who suffer personal injury due to industrial accidents happening in its territory, or to their dependents, the same treatment in respect of worker’s compensation as it grants to its own nationals, as provided for under Article 1(1) of the Convention. The Committee particularly requests the Government to proceed with the formal amendment or repeal of section 29 of Decree No. 57-245 so as to ensure equality of treatment to foreign workers and their dependents without conditions of residence, in accordance with the terms of Article 1(2) of the Convention.

Articles 1, 3 and 6 of Convention No. 24. Setting up a system of compulsory sickness insurance. Sickness benefits. In its previous comments, the Committee requested the Government to provide information on the introduction of a universal sickness insurance within the framework of the reform of the system of social protection announced by the Government in 2008. It also expressed the hope that this new insurance system would cover the payment of sickness benefits to insured persons, which were currently covered by employers, contrary to the terms of Articles 1 and 3 of the Convention. While reiterating its concern at the absence of a Government report, the Committee takes due note that Act No. 24/AN/14/7th L of 5 February 2014 establishes a universal sickness insurance system (AMU) and that Decree No. 2014-156/PR/NITRA of 21 June 2014 issues the establishment of the Universal Health Insurance Solidarity Fund. The Committee specifically notes that universal sickness insurance covers basic healthcare for the entire population living in the territory (section 2 of Act No. 24/AN/14/7th L), by “covering the costs of the services provided by the contractual providers” (section 4) in addition to the benefits covered by the compulsory sickness insurance system provided for workers and other protected groups. Nevertheless, the Committee notes that cash benefits are not covered by the above Act and that, according to the information contained in Social Security Programs Throughout the World: Africa, 2019 of the International Social Security Association (ISSA), they remain the responsibility of the employer. The Committee recalls that under Article 3 of the Convention, read in conjunction with Article 1, sickness benefits payable to an insured person unable to work by reason of the abnormal state of his or her bodily or mental health, must be financed from a system of compulsory sickness insurance and shall not be borne directly by the employer. Further, in accordance with Article 6 of the Convention, this system, must be administered by self-governing institutions, which shall be under the administrative and financial supervision of the competent public authorities or private institutions specially approved by the competent public authority.

In the light of the foregoing, the Committee requests the Government to take the necessary measures, without further delay, to give effect to Articles 3 and 6 of the Convention by establishing compulsory insurance, under the supervision of the State, for the payment of sickness benefits to workers protected by the Convention. In addition, the Committee requests the Government to provide detailed information on the manner in which Act No. 24/AN/14/7th L and Decree No. 2014-156/PR/NITRA, as well as other legislation subsequently adopted in relation to the universal sickness insurance and the Universal Health Insurance Solidarity Fund, give effect to the Convention. The Committee also requests the Government, if current statistics allow, to provide information on the healthcare provided by the universal sickness insurance and the compulsory sickness insurance systems.

Articles 1, 4, and 5(2), of Conventions Nos 37 and 38. Establishment of a compulsory invalidity insurance system for workers generally incapacitated for work. Conditions for entitlement to a pension. In its previous comments, the Committee noted the absence of a specific branch relating to invalidity benefits within the national social security system and requested the Government to establish an invalidity insurance scheme in order to give effect to Conventions Nos 37 and 38, which required the institution of compulsory invalidity insurance. The Committee further noted that, under Act No. 154/AN/02/4th-L of 31 January 2002 codifying the operation of the Social Protection Institute and the general retirement scheme for salaried employees, workers aged 50 years and over who are affected by a permanent physical or mental impairment, were only entitled to claim an early retirement pension when they had accrued a minimum of 240 contribution months (section 60 ff). In this regard, the Committee emphasized that the fixing of a minimum age at which a person can receive invalidity benefit was in breach of Article 4 of Conventions Nos 37 and 38, which do not permit the right to invalidity benefits to be conditional upon reaching a specific age, although a qualifying period not exceeding 60 contribution months may be imposed under Article 5 of the above Conventions. In the light of the foregoing, and in the absence of information on any measures that may have been taken by the Government to remedy the gaps in implementation noted above, the Committee requests the Government to take all necessary measures, without further delay, to give full effect to Conventions Nos 37 and 38 by establishing a compulsory invalidity insurance system or introducing invalidity benefits within its national social insurance system, guaranteeing the right of workers covered by the Conventions to such benefits under conditions at least equivalent to those set out in Articles 1, 4 and 5 of the Conventions.

Application of the Conventions in practice. Implementation of the national social protection strategy. While reiterating its concern at the absence of a Government report, the Committee takes due note of the adoption of the National Social Protection Strategy (SNPS) 2018–2022 of the Republic of Djibouti, established by Act No. 043/AN/19/8th L of 23 June 2019, as the national reference document for all regulations on social protection (section 2). In particular, the Committee notes that some of the priority pillars set out therein relate to matters covered by the social security Conventions ratified by Djibouti, as do the objectives laid out, which are aligned to some extent with the objectives of the relevant Conventions. Thus, the first pillar of the SNPS aims to guarantee the right to food security, while the second pillar provides for income guarantee for children to improve nutrition and health. With respect to invalidity, the aim of the third pillar is to ensure an income for older persons and those who are unable to work because of disability. The overall objective of the fourth pillar of the SNPS is to guarantee minimum income support for people of working age who are unable to earn an adequate income owing to life accidents and covers outcome 3.1, which aims to guarantee a minimum income for life to those who have a permanent physical disability that prevents them from returning to paid work, including those who have suffered an industrial accident or have an occupational disease. The Committee also observes the multiple references to the ILO Social Protection Floors Recommendation, 2012 (No. 202) in the SNPS, as a reference standard for the implementation of a national social protection floor, according to the above objectives, pillars and targets, in addition to the basic guarantees contained in Recommendation No. 202 with supplementary social protection programmes. The Committee welcomes the adoption of the SNPS 2018 – 2022 and hopes that its implementation will contribute to strengthening the application of the social security Conventions ratified by Djibouti. The Committee requests the Government to keep it informed of any measures adopted or envisaged in this regard.

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 Convention No. 24 is in force should be encouraged to ratify the most recent Medical Care and Sickness Benefits Convention, 1969 (No. 130) or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting Parts II and III of this instrument (see GB.328/LILS/2/1). The Member States for which Conventions Nos 37 and 38 are in force should be encouraged to ratify the Invalidity, Old-Age and Survivors’ Benefits Convention, 1967 (No. 128), accepting its Part II, or Convention No. 102, accepting its Part IX. Conventions Nos 102 (Parts II and III) and 130 reflect the more modern approach to medical care and sickness benefits, while Conventions Nos 102 (Parts IX) and 128 (Part II) reflect the more modern approach to invalidity 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. 128 (accepting Part II), Convention No. 130 and/or Convention No. 102 (accepting Parts II and III, as well as IX), which are the most up-to-date instruments in these subject areas.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat 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

Establishment of a compulsory invalidity insurance scheme. With reference to its observation relating to the Sickness Insurance (Industry) Convention, 1927 (No. 24), the Committee recalls that the national social protection system has been undergoing restructuring for a number of years, which involves the merger of various insurance funds in the interests of more efficient management. In this context, although the social protection system has no specific branch for invalidity benefits, the Government indicates that Act No. 154/AN/02/4ème-L of 31 January 2002 codifying the operation of the Social Protection Institute (OPS) and the general retirement scheme for salaried employees, contains several provisions that authorize workers aged 50 years and over who are affected by a permanent physical or mental impairment to claim an early retirement pension when they have accrued a minimum of 240 contribution months (section 60 ff.). The Committee emphasizes that, even though it is justified in the context of early retirement, the fixing of a minimum age at which a person can receive invalidity benefit, as set forth by Act No. 154, is in breach of Article 4 of Convention No. 37 and the Invalidity Insurance (Agriculture) Convention, 1933 (No. 38). Moreover, the length of the qualifying period for entitlement to invalidity benefit must not, according to Article 5(2) of Conventions Nos 37 and 38, exceed 60 contribution months. In view of the failure of these provisions to give effect to the main requirements of Conventions Nos 37 and 38, the Committee requests the Government to carry out the feasibility studies needed to establish an invalidity insurance scheme.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat 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 these Conventions on the basis of the information at its disposal at its next session.

Establishment of a compulsory invalidity insurance scheme. With reference to its observation relating to the Sickness Insurance (Industry) Convention, 1927 (No. 24), the Committee recalls that the national social protection system has been undergoing restructuring for a number of years, which involves the merger of various insurance funds in the interests of more efficient management. In this context, although the social protection system has no specific branch for invalidity benefits, the Government indicates that Act No. 154/AN/02/4ème-L of 31 January 2002 codifying the operation of the Social Protection Institute (OPS) and the general retirement scheme for salaried employees, contains several provisions that authorize workers aged 50 years and over who are affected by a permanent physical or mental impairment to claim an early retirement pension when they have accrued a minimum of 240 contribution months (section 60 ff.). The Committee emphasizes that, even though it is justified in the context of early retirement, the fixing of a minimum age at which a person can receive invalidity benefit, as set forth by Act No. 154, is in breach of Article 4 of Convention No. 37 and the Invalidity Insurance (Agriculture) Convention, 1933 (No. 38). Moreover, the length of the qualifying period for entitlement to invalidity benefit must not, according to Article 5(2) of Conventions Nos 37 and 38, exceed 60 contribution months. In view of the failure of these provisions to give effect to the main requirements of Conventions Nos 37 and 38, the Committee requests the Government to carry out the feasibility studies needed to establish an invalidity insurance scheme.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2014.

Repetition

Establishment of a compulsory invalidity insurance scheme. With reference to its observation relating to the Sickness Insurance (Industry) Convention, 1927 (No. 24), the Committee recalls that the national social protection system has been undergoing restructuring for a number of years, which involves the merger of various insurance funds in the interests of more efficient management. In this context, although the social protection system has no specific branch for invalidity benefits, the Government indicates that Act No. 154/AN/02/4ème-L of 31 January 2002 codifying the operation of the Social Protection Institute (OPS) and the general retirement scheme for salaried employees, contains several provisions that authorize workers aged 50 years and over who are affected by a permanent physical or mental impairment to claim an early retirement pension when they have accrued a minimum of 240 contribution months (section 60 ff.). The Committee emphasizes that, even though it is justified in the context of early retirement, the fixing of a minimum age at which a person can receive invalidity benefit, as set forth by Act No. 154, is in breach of Article 4 of Convention No. 37 and the Invalidity Insurance (Agriculture) Convention, 1933 (No. 38). Moreover, the length of the qualifying period for entitlement to invalidity benefit must not, according to Article 5(2) of Conventions Nos 37 and 38, exceed 60 contribution months. In view of the failure of these provisions to give effect to the main requirements of Conventions Nos 37 and 38, the Committee requests the Government to carry out the feasibility studies needed to establish an invalidity insurance scheme.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

CMNT_TITLE

Establishment of a compulsory invalidity insurance scheme. With reference to its observation relating to the Sickness Insurance (Industry) Convention, 1927 (No. 24), the Committee recalls that the national social protection system has been undergoing restructuring for a number of years, which involves the merger of various insurance funds in the interests of more efficient management. In this context, although the social protection system has no specific branch for invalidity benefits, the Government indicates that Act No. 154/AN/02/4ème-L of 31 January 2002 codifying the operation of the Social Protection Institute (OPS) and the general retirement scheme for salaried employees, contains several provisions that authorize workers aged 50 years and over who are affected by a permanent physical or mental impairment to claim an early retirement pension when they have accrued a minimum of 240 contribution months (section 60 ff.). The Committee emphasizes that, even though it is justified in the context of early retirement, the fixing of a minimum age at which a person can receive invalidity benefit, as set forth by Act No. 154, is in breach of Article 4 of Convention No. 37 and the Invalidity Insurance (Agriculture) Convention, 1933 (No. 38). Moreover, the length of the qualifying period for entitlement to invalidity benefit must not, according to Article 5(2) of Conventions Nos 37 and 38, exceed 60 contribution months. In view of the failure of these provisions to give effect to the main requirements of Conventions Nos 37 and 38, the Committee requests the Government to carry out the feasibility studies needed to establish an invalidity insurance scheme.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes that the social protection system in Djibouti is undergoing major restructuring involving the merger of various insurance funds, each of which has its own invalidity branch in the interest of efficient management. The Committee requests the Government to keep it informed of progress in implementing the abovementioned reform and to indicate in its next report the manner in which national law and practice give effect to the provisions of the Convention.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes that the social protection system in Djibouti is undergoing major restructuring involving the merger of various insurance funds, each of which has its own invalidity branch in the interest of efficient management. The Committee requests the Government to keep it informed of progress in implementing the abovementioned reform and to indicate in its next report the manner in which national law and practice give effect to the provisions of the Convention.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

The Committee notes that the social protection system in Djibouti is undergoing major restructuring involving the merger of various insurance funds, each of which has its own invalidity branch in the interest of efficient management. The Committee requests the Government to keep it informed of progress in implementing the abovementioned reform and to indicate in its next report the manner in which national law and practice give effect to the provisions of the Convention.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request relating to Convention No. 37, which read as follows:

The Committee notes that the social protection system in Djibouti is undergoing major restructuring involving the merger of various insurance funds, each of which has its own invalidity branch in the interest of efficient management. The Committee requests the Government to keep it informed of progress in implementing the abovementioned reform and to indicate in its next report the manner in which national law and practice give effect to the provisions of the Convention.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request relating to Convention No. 37 which read as follows:

The Committee notes that the social protection system in Djibouti is undergoing major restructuring involving the merger of various insurance funds, each of which has its own invalidity branch in the interest of efficient management. The Committee requests the Government to keep it informed of progress in implementing the abovementioned reform and to indicate in its next report the manner in which national law and practice give effect to the provisions of the Convention.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request relating to Convention No. 37.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous comment which read as follows:

Please refer to the observation made under Convention No. 37.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

In reply to the Committee’s previous comments on the need to establish an invalidity insurance scheme in accordance with the Convention, the Government states that this Convention is out of keeping with the economic situation in Djibouti, which is not an agricultural country. The Committee notes this information and refers to its comments on Convention No. 37.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received. It must therefore repeat its previous observation which refers to Convention No. 37. The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

See under Convention No. 37, as follows:

The Committee notes that the Government's report has not been received. It must therefore repeat is previous observation which read as follows:

The Committee notes from the Government's report that there have been no changes in the application of the Convention. The Committee recalls that for many years it has been requesting the Government to take steps to amend its legislation so as to provide for invalidity insurance. It again expresses its hope that, with the technical assistance of the International Labour Office, the Government will endeavour to establish an invalidity insurance scheme in accordance with the provisions of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

See under Convention No. 37, as follows:

The Committee notes from the Government's report that there have been no changes in the application of the Convention. The Committee recalls that for many years it has been requesting the Government to take steps to amend its legislation so as to provide for invalidity insurance. It again expresses its hope that, with the technical assistance of the International Labour Office, the Government will endeavour to establish an invalidity insurance scheme in accordance with the provisions of the Convention.

CMNT_TITLE

The Committee regrets to note that the Government's report contains no reply to its previous comments. It must therefore repeat its previous direct request, which read as follows:

In its previous comments, the Committee had noted the Government's declaration according to which the invalidity insurance scheme has not yet been introduced owing to the socio-economic conditions obtaining in the State, and that the necessary study will be carried out in the near future with the help of the ILO. The Committee expresses again its hope that with the technical assistance of the ILO the Government will be in a position to establish an invalidity insurance scheme in conformity with the basic provisions of this Convention. It requests the Government to inform it of all progress made in this respect.

[The Government is asked to report in detail for the period ending 30 June 1994.]

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Referring to its previous comments, the Committee has noted the Government's declaration according to which the invalidity insurance scheme has not yet been introduced owing to the socio-economic conditions obtaining in the State, and that the necessary study will be carried out in the near future with the help of the ILO. The Committee hopes that with the technical assistance of the ILO the Government will be in a position to establish an invalidity insurance scheme in conformity with the basic provisions of this Convention. It requests the Government to inform it of all progress made in this respect.

CMNT_TITLE

Referring to its previous comments, the Committee has noted the Government's statement according to which the invalidity insurance scheme has not yet been introduced owing to the socio-economic conditions obtaining in the State, and that the necessary study will be carried out in the near future with the help of the ILO. The Committee hopes that with the technical assistance of the ILO the Government will be in a position to establish an invalidity insurance scheme which will conform with the basic provisions of this Convention. It requests the Government to inform it of all progress made in this respect.