Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - 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 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.

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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

Article 1(2) of the Convention. Equality of treatment in relation to compensation for industrial accidents. Ever since the Convention was ratified in 1978, the Committee 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 in order to bring the national regulations into conformity with Article 1(2) of the Convention, according to which the nationals of States that have ratified the Convention and their dependants must receive the same treatment as Djibouti grants to its own nationals in respect of accident compensation. Under the terms of the Decree No. 57-245 of 1957, unlike nationals, foreign workers injured in industrial accidents who transfer their residence abroad no longer receive a periodic payment but a lump sum payment equal to three times the periodic payment they received previously. The Committee notes that the Government refers in its report to Act No. 154/AN/02/4ème-L of 31 December 2002 codifying the functioning of the Social Protection Institute (OPS) and the general retirement scheme for employees, indicating that the Act does not prescribe different treatment for national and foreign employees and their dependants with regard to compensation for industrial accidents and, in accordance with the Convention, does not impose any residence requirement for foreign workers to be entitled to benefits. The Committee observes, however, that the abovementioned Act does not primarily deal with periodic payments for industrial accidents but rather with the issue of those payments being combined with retirement benefits. It further observes that, in its report on the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), the Government continues to refer to the provisions of Decree No. 57 245 of 1957 in the context of the regulations governing periodic payments for industrial accidents. In view of the above, the Committee again requests that the Government amend section 29 of Decree No. 57-245 of 1957 so as to bring the national legislation into full conformity with Article 1(2) of the Convention.

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

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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 the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 1(2) of the Convention. Equality of treatment in relation to compensation for industrial accidents. Ever since the Convention was ratified in 1978, the Committee 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 in order to bring the national regulations into conformity with Article 1(2) of the Convention, according to which the nationals of States that have ratified the Convention and their dependants must receive the same treatment as Djibouti grants to its own nationals in respect of accident compensation. Under the terms of the Decree No. 57-245 of 1957, unlike nationals, foreign workers injured in industrial accidents who transfer their residence abroad no longer receive a periodic payment but a lump sum payment equal to three times the periodic payment they received previously. The Committee notes that the Government refers in its report to Act No. 154/AN/02/4ème-L of 31 December 2002 codifying the functioning of the Social Protection Institute (OPS) and the general retirement scheme for employees, indicating that the Act does not prescribe different treatment for national and foreign employees and their dependants with regard to compensation for industrial accidents and, in accordance with the Convention, does not impose any residence requirement for foreign workers to be entitled to benefits. The Committee observes, however, that the abovementioned Act does not primarily deal with periodic payments for industrial accidents but rather with the issue of those payments being combined with retirement benefits. It further observes that, in its report on the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), the Government continues to refer to the provisions of Decree No. 57 245 of 1957 in the context of the regulations governing periodic payments for industrial accidents. In view of the above, the Committee again requests that the Government amend section 29 of Decree No. 57-245 of 1957 so as to bring the national legislation into full conformity with Article 1(2) of the Convention.

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

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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

Article 1(2) of the Convention. Equality of treatment in relation to compensation for industrial accidents. Ever since the Convention was ratified in 1978, the Committee 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 in order to bring the national regulations into conformity with Article 1(2) of the Convention, according to which the nationals of States that have ratified the Convention and their dependants must receive the same treatment as Djibouti grants to its own nationals in respect of accident compensation. Under the terms of the Decree No. 57-245 of 1957, unlike nationals, foreign workers injured in industrial accidents who transfer their residence abroad no longer receive a periodic payment but a lump sum payment equal to three times the periodic payment they received previously. The Committee notes that the Government refers in its report to Act No. 154/AN/02/4ème-L of 31 December 2002 codifying the functioning of the Social Protection Institute (OPS) and the general retirement scheme for employees, indicating that the Act does not prescribe different treatment for national and foreign employees and their dependants with regard to compensation for industrial accidents and, in accordance with the Convention, does not impose any residence requirement for foreign workers to be entitled to benefits. The Committee observes, however, that the abovementioned Act does not primarily deal with periodic payments for industrial accidents but rather with the issue of those payments being combined with retirement benefits. It further observes that, in its report on the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), the Government continues to refer to the provisions of Decree No. 57 245 of 1957 in the context of the regulations governing periodic payments for industrial accidents. In view of the above, the Committee again requests that the Government amend section 29 of Decree No. 57-245 of 1957 so as to bring the national legislation into full conformity with Article 1(2) of the Convention.

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

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Article 1(2) of the Convention. Equality of treatment in relation to compensation for industrial accidents. Ever since the Convention was ratified in 1978, the Committee 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 in order to bring the national regulations into conformity with Article 1(2) of the Convention, according to which the nationals of States that have ratified the Convention and their dependants must receive the same treatment as Djibouti grants to its own nationals in respect of accident compensation. Under the terms of the Decree No. 57-245 of 1957, unlike nationals, foreign workers injured in industrial accidents who transfer their residence abroad no longer receive a periodic payment but a lump sum payment equal to three times the periodic payment they received previously. The Committee notes that the Government refers in its report to Act No. 154/AN/02/4ème-L of 31 December 2002 codifying the functioning of the Social Protection Institute (OPS) and the general retirement scheme for employees, indicating that the Act does not prescribe different treatment for national and foreign employees and their dependants with regard to compensation for industrial accidents and, in accordance with the Convention, does not impose any residence requirement for foreign workers to be entitled to benefits. The Committee observes, however, that the abovementioned Act does not primarily deal with periodic payments for industrial accidents but rather with the issue of those payments being combined with retirement benefits. It further observes that, in its report on the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), the Government continues to refer to the provisions of Decree No. 57 245 of 1957 in the context of the regulations governing periodic payments for industrial accidents. In view of the above, the Committee again requests that the Government amend section 29 of Decree No. 57-245 of 1957 so as to bring the national legislation into full conformity with Article 1(2) of the Convention.

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

Repetition

Ever since the Convention was ratified in 1978, the Committee has been drawing the Government’s attention to the need to amend section 29 of Decree No. 57-245 of 1957 on the compensation of occupational accidents and diseases in order to bring the national regulations into conformity with Article 1(2) of the Convention. According to this provision, the nationals of States that have ratified the Convention and their dependants must receive the same treatment as Djibouti grants to its own nationals in respect of workers’ compensation. Under the terms of this section of the Decree, unlike nationals, foreign workers injured in industrial accidents who transfer their residence abroad no longer receive a periodical payment but a lump-sum payment equal to three times the periodical payment they received previously. The Government previously referred to a draft reform of the labour legislation aimed at the full application of the principle of equal treatment and the formal repeal of the residence requirement laid down by the Decree of 1957. The Government also stated that this residence requirement has only been applied occasionally to foreigners. In its last report, the Government indicates that the Committee’s observations will be studied by the National Council for Labour, Employment and Vocational Training with a view to bringing the national legislation into conformity with the Convention. It hopes that the conditions allowing for this process to resume will be met as soon as possible. Nevertheless, the Government points out that the Djiboutian system does not apply any reduction to the amount of the periodical payment transferred abroad. The Committee trusts that, in view of the situation which prevails in practice, the Government will seize the opportunity represented by the reform of the system of social protection currently under way and will formally repeal section 29 of Decree No. 57-245 so as to bring both the letter and spirit of the national legislation into full conformity with Article 1(2) of the Convention.

The Committee hopes 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 must therefore repeat its previous observation which read as follows:

Repetition

Ever since the Convention was ratified in 1978, the Committee has been drawing the Government’s attention to the need to amend section 29 of Decree No. 57-245 of 1957 on the compensation of occupational accidents and diseases in order to bring the national regulations into conformity with Article 1(2) of the Convention. According to this provision, the nationals of States that have ratified the Convention and their dependants must receive the same treatment as Djibouti grants to its own nationals in respect of workers’ compensation. Under the terms of this section of the Decree, unlike nationals, foreign workers injured in industrial accidents who transfer their residence abroad no longer receive a periodical payment but a lump-sum payment equal to three times the periodical payment they received previously. The Government previously referred to a draft reform of the labour legislation aimed at the full application of the principle of equal treatment and the formal repeal of the residence requirement laid down by the Decree of 1957. The Government also stated that this residence requirement has only been applied occasionally to foreigners. In its last report, the Government indicates that the Committee’s observations will be studied by the National Council for Labour, Employment and Vocational Training with a view to bringing the national legislation into conformity with the Convention. It hopes that the conditions allowing for this process to resume will be met as soon as possible. Nevertheless, the Government points out that the Djiboutian system does not apply any reduction to the amount of the periodical payment transferred abroad. The Committee trusts that, in view of the situation which prevails in practice, the Government will seize the opportunity represented by the reform of the system of social protection currently under way and will formally repeal section 29 of Decree No. 57-245 so as to bring both the letter and spirit of the national legislation into full conformity with Article 1(2) of the Convention.

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

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

Repetition

Ever since the Convention was ratified in 1978, the Committee has been drawing the Government’s attention to the need to amend section 29 of Decree No. 57-245 of 1957 on the compensation of occupational accidents and diseases in order to bring the national regulations into conformity with Article 1(2) of the Convention. According to this provision, the nationals of States that have ratified the Convention and their dependants must receive the same treatment as Djibouti grants to its own nationals in respect of workers’ compensation. Under the terms of this section of the Decree, unlike nationals, foreign workers injured in industrial accidents who transfer their residence abroad no longer receive a periodical payment but a lump-sum payment equal to three times the periodical payment they received previously. The Government previously referred to a draft reform of the labour legislation aimed at the full application of the principle of equal treatment and the formal repeal of the residence requirement laid down by the Decree of 1957. The Government also stated that this residence requirement has only been applied occasionally to foreigners. In its last report, the Government indicates that the Committee’s observations will be studied by the National Council for Labour, Employment and Vocational Training with a view to bringing the national legislation into conformity with the Convention. It hopes that the conditions allowing for this process to resume will be met as soon as possible. Nevertheless, the Government points out that the Djiboutian system does not apply any reduction to the amount of the periodical payment transferred abroad. The Committee trusts that, in view of the situation which prevails in practice, the Government will seize the opportunity represented by the reform of the system of social protection currently under way and will formally repeal section 29 of Decree No. 57-245 so as to bring both the letter and spirit of the national legislation into full conformity with Article 1(2) of the Convention.

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

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

Ever since the Convention was ratified in 1978, the Committee has been drawing the Government’s attention to the need to amend section 29 of Decree No. 57-245 of 1957 on the compensation of occupational accidents and diseases in order to bring the national regulations into conformity with Article 1(2) of the Convention. According to this provision, the nationals of States that have ratified the Convention and their dependants must receive the same treatment as Djibouti grants to its own nationals in respect of workers’ compensation. Under the terms of this section of the Decree, unlike nationals, foreign workers injured in industrial accidents who transfer their residence abroad no longer receive a periodical payment but a lump-sum payment equal to three times the periodical payment they received previously. The Government previously referred to a draft reform of the labour legislation aimed at the full application of the principle of equal treatment and the formal repeal of the residence requirement laid down by the Decree of 1957. The Government also stated that this residence requirement has only been applied occasionally to foreigners. In its last report, the Government indicates that the Committee’s observations will be studied by the National Council for Labour, Employment and Vocational Training with a view to bringing the national legislation into conformity with the Convention. It hopes that the conditions allowing for this process to resume will be met as soon as possible. Nevertheless, the Government points out that the Djiboutian system does not apply any reduction to the amount of the periodical payment transferred abroad. The Committee trusts that, in view of the situation which prevails in practice, the Government will seize the opportunity represented by the reform of the system of social protection currently under way and will formally repeal section 29 of Decree No. 57-245 so as to bring both the letter and spirit of the national legislation into full conformity with Article 1(2) of the Convention.

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

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Ever since the Convention was ratified in 1978, the Committee has been drawing the Government’s attention to the need to amend section 29 of Decree No. 57-245 of 1957 on the compensation of occupational accidents and diseases in order to bring the national regulations into conformity with Article 1, paragraph 2, of the Convention. According to this provision, the nationals of States that have ratified the Convention and their dependants must receive the same treatment as Djibouti grants to its own nationals in respect of workers’ compensation. Under the terms of this section of the Decree, unlike nationals, foreign workers injured in industrial accidents who transfer their residence abroad no longer receive a periodical payment but a lump-sum payment equal to three times the periodical payment they received previously. The Government previously referred to a draft reform of the labour legislation aimed at the full application of the principle of equal treatment and the formal repeal of the residence requirement laid down by the Decree of 1957. The Government also stated that this residence requirement has only been applied occasionally to foreigners. In its last report, the Government indicates that the Committee’s observations will be studied by the National Council for Labour, Employment and Vocational Training with a view to bringing the national legislation into conformity with the Convention. It hopes that the conditions allowing for this process to resume will be met as soon as possible. Nevertheless, the Government points out that the Djiboutian system does not apply any reduction to the amount of the periodical payment transferred abroad. The Committee trusts that, in view of the situation which prevails in practice, the Government will seize the opportunity represented by the reform of the system of social protection currently under way and will formally repeal section 29 of Decree No. 57-245 so as to bring both the letter and spirit of the national legislation into full conformity with Article 1, paragraph 2, of the Convention.

[The Government is asked to reply in detail to the present comments in 2010.]

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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:

Part V of the report form. The Committee would be grateful if in its next report the Government would provide statistical information on the application of the Convention in practice, such as the number and nationalities of foreign workers employed in Djibouti, the number of nationals and foreigners or their dependants who have transferred their residence abroad after an industrial accident, and the amounts of the employment injury benefits paid abroad for accidents that occurred in Djibouti.

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The Committee notes that the Government’s report has not been received. It also notes the comments made by the General Union of Djibouti Workers (UGTD) referring to the lack of legal provisions applying the Convention as well as to the Government’s role in taking measures to ensure equality of treatment between national and foreign workers with respect to occupational accidents. The Committee therefore 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 observation which read as follows:

The Committee notes 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 on the compensation of occupational accidents and diseases. The Committee has pointed out that under this provision, unlike nationals, foreign workers injured in industrial accidents who transfer their residence abroad receive, instead of the periodical payments paid to them previously, a lump sum payment equal to three times the periodical payments they received previously. The Committee observes that, although the Government has stated several times that this residence requirement is invoked only occasionally in practice, it has still not repealed this provision formally despite repeated requests from the Committee. In the reports it has been sending since 2000, the Government has referred to a draft reform of the Labour Code enabling national laws and regulations to be brought fully into line with the Convention through repeal of the residence requirement set in the 1957 Decree. According to the Government, the draft new Labour Code should be adopted by the end of 2005 or in early 2006. The Committee accordingly hopes that the Government will be in a position to inform the Committee in its next report that its legislation has been brought into conformity with Article 1, paragraph 2, of the Convention under which nationals of States that have ratified the Convention and their dependants are granted the same treatment as Djibouti grants to its own nationals in respect of workers’ compensation, without any condition as to residence.

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

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Part V of the report form. The Committee would be grateful if in its next report the Government would provide statistical information on the application of the Convention in practice, such as the number and nationalities of foreign workers employed in Djibouti, the number of nationals and foreigners or their dependants who have transferred their residence abroad after an industrial accident, and the amounts of the employment injury benefits paid abroad for accidents that occurred in Djibouti.

[The Government is asked to reply in detail to the present comments in 2007.]

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The Committee notes 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 on the compensation of occupational accidents and diseases. The Committee has pointed out that under this provision, unlike nationals, foreign workers injured in industrial accidents who transfer their residence abroad receive, instead of the periodical payments paid to them previously, a lump sum payment equal to three times the periodical payments they received previously. The Committee observes that, although the Government has stated several times that this residence requirement is invoked only occasionally in practice, it has still not repealed this provision formally despite repeated requests from the Committee. In the reports it has been sending since 2000, the Government has referred to a draft reform of the Labour Code enabling national laws and regulations to be brought fully into line with the Convention through repeal of the residence requirement set in the 1957 Decree. According to the Government, the draft new Labour Code should be adopted by the end of 2005 or in early 2006. The Committee accordingly hopes that the Government will be in a position to inform the Committee in its next report that its legislation has been brought into conformity with Article 1, paragraph 2, of the Convention under which nationals of States that have ratified the Convention and their dependants are granted the same treatment as Djibouti grants to its own nationals in respect of workers’ compensation, without any condition as to residence.

[The Government is asked to reply in detail to the present comments in 2007.]

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The Committee notes that, according to the Government’s report, a new draft Labour Code is being prepared and that the final text will be sent to the ILO as soon as it is adopted. It requests the Government to keep it informed of any progress made in this respect and trusts that, when formulating the new legislation, the Government will take into account the Committee’s comments on the need to eliminate the residence condition so that, in accordance with Article 1, paragraph 2, of the Convention, nationals of any other Members that have ratified the Convention, and their dependants, benefit from equality of treatment with nationals of Djibouti in respect of employment injury benefit.

[The Government is asked to reply in detail to the present comments in 2005.]

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The Committee notes with regret that for many years the Government has been referring in its reports to various draft legislative texts intended to bring the national laws and regulations into full conformity with the Convention. It notes that, since 1993, the Government has been indicating that a new draft Labour Code is being formulated and that it will be transmitted to the ILO as soon as it has been adopted. The Committee expresses the firm hope that the above draft legislative reform will provide the opportunity to take into account the comments that it has made on many occasions on the need to eliminate the residence condition so that, in accordance with Article 1, paragraph 2, of the Convention, nationals of any other Members that have ratified the Convention, and their dependants, benefit from equality of treatment with nationals of Djibouti in respect of employment injury benefit irrespective of their residence. It trusts that the Government will be able to provide information in its next report on the progress made in this matter.

[The Government is asked to reply in detail to the present comments in 2005.]

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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 direct request of 2000, which read as follows:

Article 1, paragraph 2, of the Convention. In its previous comments, the Committee drew the Government’s attention to the need to formally abolish the conditions of residence set out in section 29 of Decree No. 57-245 of 24 February 1957, so that all nationals (and their dependants) of States which have ratified the Convention are granted the same treatment as the nationals of Djibouti with regard to compensation for industrial accidents without any condition as to residence and irrespective of the conclusion of any reciprocity agreements to this effect. In reply, the Government indicates in its last report that the abovementioned section 29 is invoked only occasionally under the national social protection scheme. Although it has not yet enacted new measures ensuring full conformity of legislation with this provision of the Convention, the Government reaffirms its intention to repeal the provisions on residence conditions in this section in the context of preparing the new Labour Code. The Committee takes due note of this information. It trusts that the Government will be able to indicate in its next report the adoption of measures intended to amend the provisions of the abovementioned section 29 of Decree No. 57-245 in order to ensure full application of Article 1, paragraph 2, of the Convention.

The Committee requests the Government to provide, in accordance with Part V of the report form, information on the application in practice of the Convention, particularly statistics, if available.

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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:

  Article 1, paragraph 2, of the Convention. In its previous comments, the Committee drew the Government’s attention to the need to formally abolish the conditions of residence set out in section 29 of Decree No. 57-245 of 24 February 1957, so that all nationals (and their dependants) of States which have ratified the Convention are granted the same treatment as the nationals of Djibouti with regard to compensation for industrial accidents without any condition as to residence and irrespective of the conclusion of any reciprocity agreements to this effect. In reply, the Government indicates in its last report that the abovementioned section 29 is invoked only occasionally under the national social protection scheme. Although it has not yet enacted new measures ensuring full conformity of legislation with this provision of the Convention, the Government reaffirms its intention to repeal the provisions on residence conditions in this section in the context of preparing the new Labour Code. The Committee takes due note of this information. It trusts that the Government will be able to indicate in its next report the adoption of measures intended to amend the provisions of the abovementioned section 29 of Decree No. 57-245 in order to ensure full application of Article 1, paragraph 2, of the Convention.

The Committee requests the Government to provide, in accordance with Part V of the report form, information on the application in practice of the Convention, particularly statistics, if available.

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Article 1, paragraph 2, of the Convention.  In its previous comments, the Committee drew the Government’s attention to the need to formally abolish the conditions of residence set out in section 29 of Decree No. 57-245 of 24 February 1957, so that all nationals (and their dependants) of States which have ratified the Convention are granted the same treatment as the nationals of Djibouti with regard to compensation for industrial accidents without any condition as to residence and irrespective of the conclusion of any reciprocity agreements to this effect. In reply, the Government indicates in its last report that the abovementioned section 29 is invoked only occasionally under the national social protection scheme. Although it has not yet enacted new measures ensuring full conformity of legislation with this provision of the Convention, the Government reaffirms its intention to repeal the provisions on residence conditions in this section in the context of preparing the new Labour Code. The Committee takes due note of this information. It trusts that the Government will be able to indicate in its next report the adoption of measures intended to amend the provisions of the abovementioned section 29 of Decree No. 57-245 in order to ensure full application of Article 1, paragraph 2, of the Convention.

The Committee requests the Government to provide, in accordance with Part V of the report form, information on the application in practice of the Convention, particularly statistics, if available.

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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:

Article 1, paragraph 2, of the Convention. In its previous comments, the Committee insisted on the necessity to formally abolish the condition of residence set out in section 29 of Decree No. 57-245 of 24 February 1957, so that all nationals of the States which have ratified the Convention (and their dependants) are granted the same treatment as the nationals of Djibouti with regard to compensation for industrial accidents without any condition as to residence and irrespective of the conclusion of any reciprocity agreement to this effect. In this respect, the Committee notes that the new law No. 135/AN/3rd.L to establish a Social Protection Institution which includes provisions on workmen's compensation does not seem to modify the situation. Therefore, the Committee would like the Government to indicate measures taken or envisaged to ensure full compliance of the legislation with this provision of the Convention.

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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:

Article 1, paragraph 2, of the Convention. In its previous comments, the Committee insisted on the necessity to formally abolish the condition of residence set out in section 29 of Decree No. 57-245 of 24 February 1957, so that all nationals of the States which have ratified the Convention (and their dependants) are granted the same treatment as the nationals of Djibouti with regard to compensation for industrial accidents without any condition as to residence and irrespective of the conclusion of any reciprocity agreement to this effect. In this respect, the Committee notes that the new law No. 135/AN/3rd.L to establish a Social Protection Institution which includes provisions on workmen's compensation does not seem to modify the situation. Therefore, the Committee would like the Government to indicate measures taken or envisaged to ensure full compliance of the legislation with this provision of the Convention.

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The Committee notes that the Government's report contains no reply to previous comments. It therefore draws again the Government's attention to the following points.

Article 1, paragraph 2, of the Convention. In its previous comments, the Committee insisted on the necessity to formally abolish the condition of residence set out in section 29 of Decree No. 57-245 of 24 February 1957, so that all nationals of the States which have ratified the Convention (and their dependants) are granted the same treatment as the nationals of Djibouti with regard to compensation for industrial accidents without any condition as to residence and irrespective of the conclusion of any reciprocity agreement to this effect. In this respect, the Committee notes that the new law No. 135/AN/3rd.L to establish a Social Protection Institution which includes provisions on workmen's compensation does not seem to modify the situation. Therefore, the Committee would like the Government to indicate measures taken or envisaged to ensure full compliance of the legislation with this provision of the Convention.

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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:

Article 1, paragraph 2, of the Convention. In reply to the Committee's previous comments, the Government states that a draft text to update all the texts governing the social security system is currently being examined by the Ministry of Labour and Social Insurance. The Committee takes due note of this information. It once again hopes that the above revision, with the assistance of the ILO if appropriate, will also cover Decree No. 57-245 of 24 February 1957 and that it will therefore be possible to formally abolish the condition of residence set out in section 29, so that all nationals of the States which have ratified the Convention (and their dependants) are granted the same treatment as the nationals of Djibouti with regard to compensation for industrial accidents without any condition as to residence and irrespective of the conclusion of any reciprocity agreement to this effect. The Government is requested to indicate the progress achieved in this respect in its next report.

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Article 1, paragraph 2, of the Convention. In reply to the Committee's previous comments, the Government states that a draft text to update all the texts governing the social security system is currently being examined by the Ministry of Labour and Social Insurance. The Committee takes due note of this information. It once again hopes that the above revision, with the assistance of the ILO if appropriate, will also cover Decree No. 57/245 of 24 February 1957 and that it will therefore be possible to formally abolish the condition of residence set out in section 29, so that all nationals of the States which have ratified the Convention (and their dependants) are granted the same treatment as the nationals of Djibouti with regard to compensation for industrial accidents without any condition as to residence and irrespective of the conclusion of any reciprocity agreement to this effect. The Government is requested to indicate the progress achieved in this respect in its next report.

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The Committee takes note of the Government's report. It notes, in particular, the statistical information on the practical application of the Convention.

Article 1, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes with interest that the revision of Decree No. 57/245 of 24 February 1957 is to be entrusted to an ILO expert on industrial accidents who will shortly conduct a technical assistance mission in regard to the Social Benefits Fund. In the circumstances, it can only express the hope that the revision of the above-mentioned Decree will enable the condition of residence provided for in section 29 to be formally abolished, so that all the nationals of the member States of the ILO that have ratified the Convention are granted the same treatment as the nationals of Djibouti with regard to compensation for industrial accidents without any condition as to residence and irrespective of any reciprocity agreement in this behalf.