Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) - Djibouti (Ratification: 1978)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

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

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

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

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

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

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

The Committee has been informed that, based on the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body has decided that Member States for which Conventions Nos 17 and 18 are in force should be encouraged to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting the obligations in its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 reflect the more modern approach to employment injury benefits. The Committee therefore encourages the Government to follow up the Governing Body’s decision at its 328th Session (October-November 2016) approving the recommendations of the SRM Tripartite Working Group and to consider ratifying Convention No. 121 or Convention No. 102 (accepting Part VI) as the most up-to-date instruments in this subject area.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 2 of the Convention. Referring to the comments that it has been making for many years in relation to amending the schedule of occupational diseases annexed to Resolution No. 38 of 23 May 1959, the Committee notes the Government’s reference in its report to the imminent launch of a wide-ranging programme for the registration of occupational diseases and to the establishment of a new nomenclature for schedules of occupational diseases, in accordance with the provisions of the Convention. The Committee recalls that the schedule of occupational diseases currently in force does not cover certain poisonings caused by inorganic mercury compounds or, in particular, by organic compounds of lead (such as tetraethyl lead) or of mercury (such as phenyl mercury or methyl mercury), whose signs and symptoms differ significantly from those of lead poisoning or mercury poisoning; hence the schedule covers only a limited number of these signs and symptoms and not all of the pathological conditions caused by the substances in question.

The Committee trusts that the new nomenclature for schedules of occupational diseases giving effect to the provisions of the Convention will be established in the near future. The Committee also wishes to draw the Government’s attention to the fact that the schedule of occupational diseases included in the Convention has been supplemented several times (see the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42), the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and, more recently, the List of Occupational Diseases Recommendation, 2002 (No. 194), which was revised in 2010) by new diseases whose occupational origin has been confirmed as a result of advances in scientific knowledge.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 2 of the Convention. Referring to the comments that it has been making for many years in relation to amending the schedule of occupational diseases annexed to Resolution No. 38 of 23 May 1959, the Committee notes the Government’s reference in its report to the imminent launch of a wide-ranging programme for the registration of occupational diseases and to the establishment of a new nomenclature for schedules of occupational diseases, in accordance with the provisions of the Convention. The Committee recalls that the schedule of occupational diseases currently in force does not cover certain poisonings caused by inorganic mercury compounds or, in particular, by organic compounds of lead (such as tetraethyl lead) or of mercury (such as phenyl mercury or methyl mercury), whose signs and symptoms differ significantly from those of lead poisoning or mercury poisoning; hence the schedule covers only a limited number of these signs and symptoms and not all of the pathological conditions caused by the substances in question.

The Committee trusts that the new nomenclature for schedules of occupational diseases giving effect to the provisions of the Convention will be established in the near future. The Committee also wishes to draw the Government’s attention to the fact that the schedule of occupational diseases included in the Convention has been supplemented several times (see the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42), the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and, more recently, the List of Occupational Diseases Recommendation, 2002 (No. 194), which was revised in 2010) by new diseases whose occupational origin has been confirmed as a result of advances in scientific knowledge.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

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

Repetition

Article 2 of the Convention. Referring to the comments that it has been making for many years in relation to amending the schedule of occupational diseases annexed to Resolution No. 38 of 23 May 1959, the Committee notes the Government’s reference in its report to the imminent launch of a wide-ranging programme for the registration of occupational diseases and to the establishment of a new nomenclature for schedules of occupational diseases, in accordance with the provisions of the Convention. The Committee recalls that the schedule of occupational diseases currently in force does not cover certain poisonings caused by inorganic mercury compounds or, in particular, by organic compounds of lead (such as tetraethyl lead) or of mercury (such as phenyl mercury or methyl mercury), whose signs and symptoms differ significantly from those of lead poisoning or mercury poisoning; hence the schedule covers only a limited number of these signs and symptoms and not all of the pathological conditions caused by the substances in question.

The Committee trusts that the new nomenclature for schedules of occupational diseases giving effect to the provisions of the Convention will be established in the near future. The Committee also wishes to draw the Government’s attention to the fact that the schedule of occupational diseases included in the Convention has been supplemented several times (see the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42), the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and, more recently, the List of Occupational Diseases Recommendation, 2002 (No. 194), which was revised in 2010) by new diseases whose occupational origin has been confirmed as a result of advances in scientific knowledge.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

Article 2 of the Convention. Referring to the comments that it has been making for many years in relation to amending the schedule of occupational diseases annexed to Resolution No. 38 of 23 May 1959, the Committee notes the Government’s reference in its report to the imminent launch of a wide-ranging programme for the registration of occupational diseases and to the establishment of a new nomenclature for schedules of occupational diseases, in accordance with the provisions of the Convention. The Committee recalls that the schedule of occupational diseases currently in force does not cover certain poisonings caused by inorganic mercury compounds or, in particular, by organic compounds of lead (such as tetraethyl lead) or of mercury (such as phenyl mercury or methyl mercury), whose signs and symptoms differ significantly from those of lead poisoning or mercury poisoning; hence the schedule covers only a limited number of these signs and symptoms and not all of the pathological conditions caused by the substances in question.

The Committee trusts that the new nomenclature for schedules of occupational diseases giving effect to the provisions of the Convention will be established in the near future. The Committee also wishes to draw the Government’s attention to the fact that the schedule of occupational diseases included in the Convention has been supplemented several times (see the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42), the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and, more recently, the List of Occupational Diseases Recommendation, 2002 (No. 194), which was revised in 2010) by new diseases whose occupational origin has been confirmed as a result of advances in scientific knowledge.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes that the Government’s report has not been received. The Committee therefore once again asks the Government to indicate, in its next report, the progress made with a view to amending the schedule of occupational diseases annexed to Resolution No. 38 of 23 May 1959 so as to bring it fully into line with the Convention.

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

The Committee notes that the report supplied by the Government in 2008 did not reply to its previous comments. The Committee also notes that the regular report due in 2012 has not been received. The Committee therefore once again asks the Government to indicate, in its next report, the progress made with a view to amending the schedule of occupational diseases annexed to resolution No. 38 of 23 May 1959 so as to bring it fully into line with the Convention.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes the information communicated by the Government and the General Union of Djibouti Workers (UGTD) concerning the manner in which the Convention is applied in Djibouti. The Committee notes, however, that the Government’s report does not contain any mention of the draft update of the schedule of occupational diseases, which, according to the Government’s previous report, was to have been proposed by the Ministry of Labour with a view to completing the national legislation on occupational diseases. This amendment would have allowed for the consideration, in accordance with the Convention, of all cases of poisoning by lead, its alloys or compounds or by mercury, its amalgams and compounds, and their sequelae, such as occupational diseases, when such cases are associated with certain industries or occupations. The Committee therefore asks the Government to indicate, in its next report, the progress made with a view to amending the schedule of occupational diseases annexed to resolution No. 38 of 23 May 1959 so as to bring it fully into line with the Convention.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes with interest the Government's statement to the effect that, following its previous comments, a draft text will be proposed by the Ministry of Labour to update the schedule of occupational diseases. It therefore hopes that the schedule of occupational diseases annexed to resolution No. 38 of 23 May 1959 will be completed in the near future so as to cover, in accordance with the Convention, all cases of poisoning by lead, its alloys or compounds or by mercury, its amalgams and compounds and their sequelae. It requests the Government to indicate in future reports the progress achieved in this respect.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report contains no reply to its comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Article 2 of the Convention. The Committee has examined the list of occupational diseases annexed to Resolution No. 38 of 23 May 1959. It notes that the said list uses rather outdated expressions such as "saturnism" and "hydrargirism" whereas the Convention is drafted in wider terms, i.e. "poisoning by lead, its alloys or compounds and their sequelae". Therefore, the list of occupational diseases annexed to the legislation, contrary to the Convention, would not cover poisoning caused by some inorganic mercurial compounds and in particular organic compounds both of lead (such as tetraethyl lead) and mercury (such as phenyl or methyl mercury), the signs and symptoms of which are quite different from those occurring in poisoning by lead and mercury. Thus the table of occupational diseases contains a limited list of these signs and symptoms which does not cover all pathological conditions caused by the agents in question.

The Committee hopes that the Government will take the necessary measures to bring the list of occupational diseases annexed to the legislation into full conformity with the Convention on the points mentioned above.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

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 2 of the Convention. The Committee has examined the list of occupational diseases annexed to Resolution No. 38 of 23 May 1959. It notes that the said list uses rather outdated expressions such as "saturnism" and "hydrargirism" whereas the Convention is drafted in wider terms, i.e. "poisoning by lead, its alloys or compounds and their sequelae". Therefore, the list of occupational diseases annexed to the legislation, contrary to the Convention, would not cover poisoning caused by some inorganic mercurial compounds and in particular organic compounds both of lead (such as tetraethyl lead) and mercury (such as phenyl or methyl mercury), the signs and symptoms of which are quite different from those occurring in poisoning by lead and mercury. Thus the table of occupational diseases contains a limited list of these signs and symptoms which does not cover all pathological conditions caused by the agents in question.

The Committee hopes that the Government will take the necessary measures to bring the list of occupational diseases annexed to the legislation into full conformity with the Convention on the points mentioned above.