Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Democratic Republic of the Congo (Ratification: 1967)

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

Repetition

The Committee notes with regret that, notwithstanding the comments that it has been making for many years, the Government’s latest report does not indicate any tangible progress achieved in bringing the national legislation into conformity with the Convention and does not provide the information requested previously on the following points:

• – the need to add to the schedule of occupational diseases, diseases caused by the toxic halogen derivatives of the aliphatic series hydrocarbons and those caused by benzene or its toxic homologues (Article 8 of the Convention);
• – the need to specify the manner of calculation and actual payment for the periodic benefits due in respect of temporary incapacity for work, including incapacity at its initial phase, and benefits in respect of the total or partial loss of earnings capacity, or the death of the breadwinner, in accordance with the report form for the Convention under Articles 13, 14 and 18 (in relation with Articles 19 and 20);
• – the need to indicate how the periodic benefits due in respect of total or substantial loss of earnings capacity and survivors’ benefits are reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living (Article 21);
• – the need to explain the manner in which appeal procedures operate in practice in the case of refusal of the benefit or complaint as to its quality or quantity (Article 23);
• – the need to describe the manner in which the State assumes general responsibility for the proper administration of the institutions or services concerned in the application of the Convention (Article 24, paragraph 2).

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