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Repetition Article 1 of the Convention. Setting up a system of compulsory sickness insurance. The Committee notes that Act No. 212/AN/07/5ème-L establishing the National Social Security Fund (CNSS) provides that new complementary social instruments such as sickness insurance will be instituted by means of regulations (section 5 of the Act). It also notes the adoption of Act No. 199/AN/13/6ème-L of 20 February 2013 extending treatment coverage to self-employed workers and of Decree No. 2013-055/PR/MTRA of 11 April 2013 establishing CNSS registration procedures and contributions for self-employed workers. The Government states that these items of legislation are the precursor to establishing a universal sickness insurance system in Djibouti in the near future. The Committee hopes that once this insurance system is established it will cover the payment of sickness benefits to insured persons, which are currently covered by employers, contrary to the terms of the Convention. It requests the Government to keep it informed of any developments regarding the introduction of a universal sickness insurance system.
Repetition The Committee notes that the system of social protection in force in Djibouti is currently undergoing major restructuring involving the amalgamation of various existing insurance funds. The aim is to rationalize the management thereof, while extending the scope of sickness insurance with a view to the gradual affiliation of the whole population, including persons working in the informal sector. To this end, Act No. 212/AN/07/5e L establishing the National Social Security Fund (CNSS) provides that new complementary social instruments such as sickness insurance, funded supplementary pension plans and voluntary insurance will be instituted by means of regulations. The Committee also welcomes the recent formulation of the programme to promote decent work in Djibouti and the initiative to include a component on social protection. The Committee encourages the Government to take all possible steps to complete the reforms under way and to keep it informed of the progress made with a view to establishing an operational sickness insurance system in the context of the principles guaranteed by the Convention. The Government is also invited to continue its efforts towards integrated management of the social security system providing protection for the greatest possible number of people, if necessary, with technical support from the Office.
The Committee notes that the system of social protection in force in Djibouti is currently undergoing major restructuring involving the amalgamation of various existing insurance funds. The aim is to rationalize the management thereof, while extending the scope of sickness insurance with a view to the gradual affiliation of the whole population, including persons working in the informal sector. To this end, Act No. 212/AN/07/5e L establishing the National Social Security Fund (CNSS) provides that new complementary social instruments such as sickness insurance, funded supplementary pension plans and voluntary insurance will be instituted by means of regulations. The Committee also welcomes the recent formulation of the programme to promote decent work in Djibouti and the initiative to include a component on social protection. The Committee encourages the Government to take all possible steps to complete the reforms under way and to keep it informed of the progress made with a view to establishing an operational sickness insurance system in the context of the principles guaranteed by the Convention. The Government is also invited to continue its efforts towards integrated management of the social security system providing protection for the greatest possible number of people, if necessary, with technical support from the Office.
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 need to establish a sickness insurance scheme. The Committee hopes that a report will be submitted for examination at its next session and that it will contain a reply to the UGTD’s comments and to the Committee’s previous observation, which read as follows:
In response to the Committee’s previous comments, the Government confirms that the Social Protection Body (OPS), created in 1997, is responsible for covering medical benefits, but cash benefits remain the responsibility of the employer. The sickness insurance scheme is to be re-examined in the light of the Convention in the context of the review of the labour legislation which the Government plans to undertake with assistance from the Office. The Committee notes this information. It recalls that the sickness benefits payable under Article 3 of the Convention, read in conjunction with Article 1, to an insured person unable to work by reason of the abnormal state of his bodily or mental health, must be financed from a system of compulsory sickness insurance and shall not be borne directly by the employer. In these circumstances, it hopes that the Government will be able to take the necessary measures to ensure that sickness benefit can be paid to all workers covered by the Convention as part of a sickness insurance scheme, in accordance with the provisions of the Convention. The Committee asks the Government to provide a copy of any legislation adopted to this effect and of any texts regulating the provision of medical benefits by the OPS in the event of illness of insured persons, in accordance with Article 4 of the Convention.
The Committee hopes that the Government will make every effort to take the necessary action in the very near future.
The Committee notes the Government’s report and the additional information provided.
The Government refers to the Committee's previous comments and indicates in its reports that Djibouti enjoys one of the most effective social protection schemes in East Africa which is organized around two complementary structures, the Social Benefits Fund (CPS) and the Inter-enterprise Medical Service (SMI), and financed by employers' and workers' contributions deducted from wages.
The Committee notes this information and also Act No. 135/AN/3rdL of 6 May 1997 establishing the Social Protection Organisation (OPS) which appears to have replaced the CPS. The Committee notes that the OPS does not cover sickness insurance and that, whereas medical care granted to workers in case of illness within the SMI scheme is free of charge, cash benefits paid to workers in case of illness are the direct responsibility of employers. In this respect, the Committee is bound to recall to the Government that cash benefits due, by virtue of Article 3 of the Convention read in conjunction with Article 1, to an insured person who is rendered incapable of work by reason of the abnormal state of his bodily or mental health must be financed by a compulsory insurance system and must not be the direct responsibility of the employer. Under these conditions, the Committee hopes that the Government will adopt the necessary measures to ensure that sickness benefits shall be guaranteed to all workers who are covered by the Convention in the framework of a sickness insurance scheme, in conformity with the provisions of the Convention. In this respect, the Committee proposes that the Government may wish to accept the offer of ILO technical assistance.
The Committee moreover requests the Government to transmit with its next report a copy of the legislation in force respecting the functioning of the SMI.
The Committee notes with regret that for the second time the Government's report has not been received. It must therefore repeat its 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. It recalls that for many years it has been requesting the Government to take steps to amend the legislation so as to provide for sickness insurance. It again expresses its hope that, with the technical assistance of the International Labour Office, the Government will endeavour to establish a sickness insurance scheme in accordance with the provisions of the Convention.
The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read follows:
The Government hopes that the Government will make every effort to take the necessary action in the very near future.
[The Government is asked to report in detail in 1996.]
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:
The Committee had noted the information supplied by the Government in its report for the period 1991-92. It noted that there is still no sickness insurance scheme in Djibouti, in view of the level of development of the country. It however noted the contacts which had been established with the ILO with a view to reviewing the social security question. The Committee was therefore bound to express the hope once again that, with the technical assistance of the Office at the appropriate time, the Government will be able to progressively apply a general sickness insurance scheme in accordance with the Convention. While awaiting the establishment of such a scheme, it hopes that the Government will be able to adopt in the near future a legal provision laying down the practice that workers who are not housed shall receive the necessary care and medicaments within the context of the enterprise's medical facilities in the event of sickness.
The Committee notes the information supplied by the Government in its report for the period 1991-92. It notes that there is still no sickness insurance scheme in Djibouti, in view of the level of development of the country. It however notes the contacts which have been established with the ILO with a view to reviewing the social security question. The Committee is therefore bound to express the hope once again that, with the technical assistance of the Office at the appropriate time, the Government will be able to progressively apply a general sickness insurance scheme in accordance with the Convention. While awaiting the establishment of such a scheme, it hopes that the Government will be able to adopt in the near future a legal provision laying down the practice that workers who are not housed shall receive the necessary care and medicaments within the context of the enterprise's medical facilities in the event of sickness.
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 3 of the Convention. With reference to its previous comments, the Committee notes that in the event of sickness the employer is bound to pay a worker a benefit equal to the worker's pay within the limit established by sections 38 and 39 of the collective agreement adopted in 1973. The Committee also notes that sickness benefit is provided by the employer, in accordance with the provisions of sections 38 and 39 of the above collective agreement. The Committee would emphasise that Convention No. 24 provides for the establishment of a sickness insurance scheme (Article 7) and not for the employer to provide the prescribed benefits directly.
Article 4(a). The Committee notes that workers who are not housed receive the necessary medical care and medicines within the framework of the enterprise's medical service in the event of sickness, and that this is established under an extension of the interpretation of section 19 of Order No. 72-60/SG/CG of 12 January 1972. The Committee hopes that in the near future the Government will take the necessary steps to incorporate this practice into the legislation.
(b) The Committee notes that public health centres provide care at tariffs that are fixed according to categories and that in general care is provided at the centres in accordance with customs that have become established over a number of years in Djibouti, and that the consequent hospitalisation costs are paid by the employer without any participation by the worker, except in cases where there are special provisions in the individual employment contract.
Article 6. The Committee notes that up to the present time, the provisions of section 2 of Order No. 72-60/SG/CG of 12 January 1972 respecting independent medical services have not been applied.
With regard to the possibility of requesting the technical co-operation of the Office, the Committee notes that the Government will not fail to make use of it when necessary. The Committee hopes that the Government will continue to examine how a sickness insurance scheme may be established, in ways that are adapted to the needs and possibilities of the country, in accordance with the fundamental provisions of this Convention.