Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) - Central African Republic (Ratification: 1964)

Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

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

Repetition

Articles 1 and 2 of the Convention. List of recognized occupational diseases. With reference to its previous comments, the Committee once again notes with concern that the list of occupational diseases envisaged in section 91 of the Social Security Code of 2006 and section 81 of Decree No. 09-116 of 27 April 2009, on the application of the Social Security Code, has still not been adopted by the Ministers responsible for social security and public health. The Government indicates in this regard that in 2013 a national delegation participated in the work of the technical committee responsible for finalizing the harmonized list of occupational diseases at the Inter-African Conference on Social Insurance (CIPRES) and that the committee responsible for preparing the list has taken up its work once again. The recurrent crises experienced by the country in recent years have however prevented the Government from finalizing the process of the preparation of the list of occupational diseases. The Committee wishes to emphasize that, without a list of occupational diseases, it is impossible to implement not only compensation, but also the prevention of such diseases. The Committee therefore once again expresses the hope that the technical committee responsible for the adoption of the list of occupational diseases will be in a position to complete its work in the very near future and that the Ministries concerned will be able to adopt the schedules of occupational diseases envisaged in the Social Security Code and Decree No. 09-116, taking duly into consideration the Schedule annexed to the Convention. In this regard, the Committee draws the Government’s attention to the List of Occupational Diseases Recommendation, 2002 (No. 194), which contains the most up-to-date list of occupational diseases at the international level.

Recommendations of the Standards Review Mechanism. The Committee notes that, according to the recommendations made by the Tripartite Working Group of the Standards Review Mechanism, as approved by the ILO Governing Body, member States which have ratified the Convention are 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), and accept the obligations in its Part VI, as the most up-to-date instruments in this subject area (GB.328/LILS/2/1). The Committee reminds the Government of the possibility of having recourse to ILO technical assistance in this regard.

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

Observation (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Articles 1 and 2 of the Convention. List of recognized occupational diseases. With reference to its previous comments, the Committee once again notes with concern that the list of occupational diseases envisaged in section 91 of the Social Security Code of 2006 and section 81 of Decree No. 09-116 of 27 April 2009, on the application of the Social Security Code, has still not been adopted by the Ministers responsible for social security and public health. The Government indicates in this regard that in 2013 a national delegation participated in the work of the technical committee responsible for finalizing the harmonized list of occupational diseases at the Inter-African Conference on Social Insurance (CIPRES) and that the committee responsible for preparing the list has taken up its work once again. The recurrent crises experienced by the country in recent years have however prevented the Government from finalizing the process of the preparation of the list of occupational diseases. The Committee wishes to emphasize that, without a list of occupational diseases, it is impossible to implement not only compensation, but also the prevention of such diseases. The Committee therefore once again expresses the hope that the technical committee responsible for the adoption of the list of occupational diseases will be in a position to complete its work in the very near future and that the Ministries concerned will be able to adopt the schedules of occupational diseases envisaged in the Social Security Code and Decree No. 09-116, taking duly into consideration the Schedule annexed to the Convention. In this regard, the Committee draws the Government’s attention to the List of Occupational Diseases Recommendation, 2002 (No. 194), which contains the most up-to-date list of occupational diseases at the international level.

Recommendations of the Standards Review Mechanism. The Committee notes that, according to the recommendations made by the Tripartite Working Group of the Standards Review Mechanism, as approved by the ILO Governing Body, member States which have ratified the Convention are 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), and accept the obligations in its Part VI, as the most up-to-date instruments in this subject area (GB.328/LILS/2/1). The Committee reminds the Government of the possibility of having recourse to ILO technical assistance in this regard.

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

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Articles 1 and 2 of the Convention. List of recognized occupational diseases. With reference to its previous comments, the Committee once again notes with concern that the list of occupational diseases envisaged in section 91 of the Social Security Code of 2006 and section 81 of Decree No. 09-116 of 27 April 2009, on the application of the Social Security Code, has still not been adopted by the Ministers responsible for social security and public health. The Government indicates in this regard that in 2013 a national delegation participated in the work of the technical committee responsible for finalizing the harmonized list of occupational diseases at the Inter-African Conference on Social Insurance (CIPRES) and that the committee responsible for preparing the list has taken up its work once again. The recurrent crises experienced by the country in recent years have however prevented the Government from finalizing the process of the preparation of the list of occupational diseases. The Committee wishes to emphasize that, without a list of occupational diseases, it is impossible to implement not only compensation, but also the prevention of such diseases. The Committee therefore once again expresses the hope that the technical committee responsible for the adoption of the list of occupational diseases will be in a position to complete its work in the very near future and that the Ministries concerned will be able to adopt the schedules of occupational diseases envisaged in the Social Security Code and Decree No. 09-116, taking duly into consideration the Schedule annexed to the Convention. In this regard, the Committee draws the Government’s attention to the List of Occupational Diseases Recommendation, 2002 (No. 194), which contains the most up-to-date list of occupational diseases at the international level.

Recommendations of the Standards Review Mechanism. The Committee notes that, according to the recommendations made by the Tripartite Working Group of the Standards Review Mechanism, as approved by the ILO Governing Body, member States which have ratified the Convention are 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), and accept the obligations in its Part VI, as the most up-to-date instruments in this subject area (GB.328/LILS/2/1). The Committee reminds the Government of the possibility of having recourse to ILO technical assistance in this regard.

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

Articles 1 and 2 of the Convention. List of recognized occupational diseases. With reference to its previous comments, the Committee notes with concern the Government’s indication in its 2013 report that the occupational diseases branch is still not operational in the country, as the implementing regulations determining the new list of occupational diseases, in accordance with section 91 of the Social Security Code, have not yet been adopted. In this regard, section 81 of Decree No. 09-116 of 27 April 2009, on the application of the Social Security Code, specifies that the list of occupational diseases, morbid manifestations and acute and chronic poisoning, as well as schedules listing the corresponding jobs, has to be approved by joint decision of the Minister of Social Security and the Minister of Public Health. The Committee therefore hopes that the Ministries concerned will be in a position to adopt the regulations provided for in the 2006 Social Security Code and Decree No. 09-116 of 2009 in the near future and that, in so doing, they will duly take into consideration the Schedule annexed to the Convention.

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

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

Repetition

Articles 1 and 2 of the Convention. Absence in the country of legislation covering occupational diseases. The Committee notes the Government’s indication in its last report, in the same way as in previous reports, that the occupational disease branch is not covered by the Central African Social Security Office. It also indicated previously that it did not have precise information on the manner in which occupational diseases are compensated, as their coverage is established through collective agreements, since the legislation on these matters is not applicable.

While taking due note of this information, the Committee is bound once again to express concern at the continued failure to give effect to the provisions of the Convention. The Committee recalls that by ratifying the Convention the Government undertook, firstly, to ensure that compensation shall be payable to workers incapacitated by occupational diseases or to their dependants in accordance with the general principles of the national legislation relating to compensation for industrial accidents, in accordance with Article 1 of the Convention and, secondly, to consider as occupational diseases those diseases and poisonings produced by the substances set forth in the Schedule appended to the Convention, in accordance with Article 2. Under these conditions, the Committee trusts that the Government will take all the necessary measures without further ado to ensure the compensation guaranteed by the Convention to workers affected by occupational diseases recognized by the Convention or their dependants.

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

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

Articles 1 and 2 of the Convention. Absence in the country of legislation covering occupational diseases. The Committee notes the Government’s indication in its last report, in the same way as in previous reports, that the occupational disease branch is not covered by the Central African Social Security Office. It also indicated previously that it did not have precise information on the manner in which occupational diseases are compensated, as their coverage is established through collective agreements, since the legislation on these matters is not applicable.

While taking due note of this information, the Committee is bound once again to express concern at the continued failure to give effect to the provisions of the Convention. The Committee recalls that by ratifying the Convention the Government undertook, firstly, to ensure that compensation shall be payable to workers incapacitated by occupational diseases or to their dependants in accordance with the general principles of the national legislation relating to compensation for industrial accidents, in accordance with Article 1 of the Convention and, secondly, to consider as occupational diseases those diseases and poisonings produced by the substances set forth in the Schedule appended to the Convention, in accordance with Article 2. Under these conditions, the Committee trusts that the Government will take all the necessary measures without further ado to ensure the compensation guaranteed by the Convention to workers affected by occupational diseases recognized by the Convention or their dependants.

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

In its previous comments, the Committee recalled that, since the Convention came into force for the Central African Republic, it has been noting that the schedule of occupational diseases annexed to Ordinance No. 59/60 of 20 April 1959 does not give effect to the Convention. It has therefore drawn the Government’s attention to the need to amend the above schedule, firstly by eliminating the limitative nature of the list of pathological manifestations which may be caused by lead and mercury poisoning and, secondly, by adding, among the kinds of work which may lead to anthrax infection, the operations of “loading and unloading or transport of merchandise” in general, in accordance with Article 2 of the Convention. The Committee recalls in this respect that in its report in 1980 the Government already referred to the adoption of a draft decree prepared following a direct contacts mission between a representative of the Director-General of the ILO and the competent national services with a view to bringing the legislation into conformity with the Convention. It also recalls that the Conference Committee indicated its concern in 1981 and 1983 at the absence of progress in the adoption of the above draft decree.

In its last report, the Government indicates, as in its previous reports, that the occupational disease branch is not yet covered and that it does not have precise information on the manner in which occupational diseases are compensated, as their coverage is established through collective agreements.

While taking due note of this information, the Committee once again expresses concern at the continued failure to establish an occupational disease branch in the country based on the general principles of the national legislation relating to compensation for industrial accidents. It notes that the Government makes no mention in its report of Ordinance No. 59/60 of 20 April 1959, whereas since the entry into force of this Convention for the Central African Republic, it had always referred to this text as being the legislation giving effect to the Convention in view of the absence of the schedule of occupational diseases which was to be established in accordance with Act No. 65/66 of 24 June 1965 establishing the scheme for the compensation and prevention of employment accidents and occupational diseases. The Committee recalls that, by ratifying the Convention, the Government undertook, firstly, to ensure that compensation shall be payable to workmen incapacitated by occupational diseases or to their dependants in accordance with the general principles of the national legislation relating to compensation for industrial accidents, in accordance with Article 1 of the Convention and, secondly, to consider as occupational diseases those diseases and poisonings produced by the substances set forth in the Schedule appended to the Convention, in accordance with Article 2. Under these conditions, the Committee trusts that the Government will not fail to clarify this situation by specifying in its next report the texts governing occupational diseases and those establishing the schedule of diseases recognized as being occupational in origin; if the Ordinance of 1959 referred to above is still applicable, the Committee once again urges the Government to take the necessary measures to amend the schedule of occupational diseases appended to Ordinance No. 59/60, taking into account the comments made above. Please also provide information, in accordance with Part V of the report form, on the activities of the labour inspectorate relating to occupational diseases.

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Since the Convention came into force for the Central African Republic, the Committee has been noting that the schedule of occupational diseases annexed to Ordinance No. 59/60 of 20 April 1959 does not give effect to the Convention. It has therefore drawn the Government’s attention to the need to amend the above schedule, firstly by eliminating the limitative nature of the list of pathological manifestations which may be caused by lead and mercury poisoning and, secondly, by adding, among the kinds of work which may lead to anthrax infection, the operations of "loading and unloading or transport of merchandise" in general, in accordance with Article 2 of the Convention. The Committee notes that, already in its 1980 report, the Government referred to the adoption of a draft decree prepared following a direct contacts mission between a representative of the Director-General of the ILO and the competent national services with a view to bringing the legislation into conformity with the Convention. It recalls, in this respect, that the Conference Committee indicated its concern in 1981 and 1983 at the absence of progress in the adoption of the above draft decree.

In its last report, the Government indicates that, as the occupational disease branch is not taken into account in the Central African Republic, the legislation covering this field is not applicable. This information leaves the Committee surprised and concerned. It recalls that the Convention has been in force for the Central African Republic for nearly 40 years and that, in the successive reports that it has provided on its application, the Government has always indicated that the legislation giving effect to the Convention is Act No. 65/66 of 24 June 1965 establishing the scheme for the compensation and prevention of employment accidents and occupational diseases and, in the absence of a decree under section 41 of the Act, Ordinance No. 59/60 of 20 April 1959 referred to above. The Committee recalls that, by ratifying the Convention, the Government undertook, firstly, to ensure that compensation shall be payable to workmen incapacitated by occupational diseases or to their dependants in accordance with the general principles of the national legislation relating to compensation for industrial accidents, in accordance with Article 1 of the Convention and, secondly, to consider as occupational diseases those diseases and poisonings produced by the substances set forth in the Schedule appended to the Convention, in accordance with Article 2. In these conditions, the Committee trusts that the Government will not fail to clarify this situation by indicating the manner in which the protection afforded by this Convention is ensured in practice.

With regard to the question of bringing the legislation previously declared applicable into conformity with the Convention, the Committee is bound to urge the Government once again to take the necessary measures to amend the schedule of occupational diseases appended to Ordinance No. 59/60, taking into account the comments made above.

[The Government is asked to reply in detail to the present comments in 2003.]

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report contains no reply to its previous comments. It must therefore repeat its previous observation which read as follows.

1. Since the Convention came into force for the Central African Republic, the Committee has been indicating that the schedule of occupational diseases annexed to Ordinance No. 59/60 of 20 April 1959 does not give effect to the Convention. It has therefore drawn the Government’s attention to the need to amend the above schedule, firstly, by eliminating the limitative nature of the list of pathological manifestations which may be caused by lead and mercury poisoning and, secondly, by adding, among the kinds of work which may lead to anthrax infection, the operations of "loading and unloading or transport of merchandise" in general, in accordance with Article 2 of the Convention. The Committee recalls in this respect that already in its 1980 report the Government referred to the adoption of a draft decree prepared following a direct contacts mission between a representative of the Director-General and the competent national services with a view to bringing the legislation into conformity with the Convention. The Committee notes with regret that the latest information provided by the Government in 1995 and 1998 does not indicate that any progress has been made in the adoption of the above draft decree. In these conditions, the Committee is bound once again to urge the Government to take the necessary measures to amend the schedule of occupational diseases annexed to Ordinance No. 59/60 so as to give effect to this Convention, which came into force for the Central African Republic nearly 40 years ago.

2. The Committee hopes that in future reports the Government will provide general information on the manner in which the Convention is applied in practice, as well as the statistical information requested under Part V of the report form.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

1.  Since the Convention came into force for the Central African Republic, the Committee has been indicating that the schedule of occupational diseases annexed to Ordinance No. 59/60 of 20 April 1959 does not give effect to the Convention. It has therefore drawn the Government’s attention to the need to amend the above schedule, firstly by eliminating the limitative nature of the list of pathological manifestations which may be caused by lead and mercury poisoning and, secondly, by adding, among the kinds of work which may lead to anthrax infection, the operations of "loading and unloading or transport of merchandise" in general, in accordance with Article 2 of the Convention. The Committee recalls in this respect that already in its 1980 report the Government referred to the adoption of a draft decree prepared following a direct contacts mission between a representative of the Director-General and the competent national services with a view to bringing the legislation into conformity with the Convention. The Committee notes with regret that the latest information provided by the Government in 1995 and 1998 does not indicate that any progress has been made in the adoption of the above draft decree. In these conditions, the Committee is bound once again to urge the Government to take the necessary measures to amend the schedule of occupational diseases annexed to Ordinance No. 59/60 so as to give effect to this Convention, which came into force for the Central African Republic nearly 40 years ago.

2.  The Committee hopes that in future reports the Government will provide general information on the manner in which the Convention is applied in practice, as well as the statistical information requested under Part V of the report form.

[The Government is asked to report in detail in 2001.]

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes from the Government's report that the Labour Department does not have at its disposal any reliable statistics on the effect given to the Convention in practice. The Committee trusts that the Government will make every effort to be in a position to supply in future reports the statistics requested under point V of the report form adopted by the Governing Body of the ILO.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

In reply to the Committee's previous comments, the Government states that as a result of many institutional changes it has not been possible for the Legislative Commission to examine the draft texts needed to bring the national legislation into conformity with the Convention, since the Legislative Commission has not yet been able to meet. However, it adds that the schedule of occupational diseases, the draft of which is still awaiting examination, is not limitative and that measures have been taken to ensure its adoption.

The Committee notes this information. It recalls that it has been raising this matter since 1966 and that a draft Decree had been drawn up in 1978 during direct contacts. In this situation, the Committee is bound to urge the Government once again to take the necessary measures in the very near future to bring the schedule of occupational diseases annexed to Ordinance No. 59-60 of 1959 into conformity with Article 2 of the Convention by the deletion of the limitative nature in the list of pathological manifestations which may be caused by lead and mercury poisoning and by the addition, among the kinds of work which may lead to anthrax infection, of the operations of "loading and unloading or transport of merchandise" in general.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

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

With reference to its previous comments, which it has been making since 1962, the Committee notes with regret that the draft Decree drawn up during the 1978 direct contacts has not yet been adopted. In its reports, the Government indicates that draft texts have been drawn up to bring the national law and practice into conformity with certain Conventions, including Convention No. 18, and that the constitutional procedure for the adoption of these draft texts has been commenced and is following its course before the competent bodies. These draft texts will be supplied to the Committee in due time. The Committee notes this statement. It can only express its regret at the delay in the adoption of the Decree in question. The Committee trusts that measures will be taken to bring the list of occupational diseases annexed to Ordinance No. 59-60 of 1959 into conformity with Article 2 of the Convention by the deletion of the limitative element in the list of pathological manifestations which may be caused by lead and mercury poisoning and by the addition, among the kinds of work which may lead to anthrax infection, the operations of "loading and unloading or transport of merchandise" in general.

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

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

With reference to its previous comments, which it has been making since 1962, the Committee notes with regret that the draft Decree drawn up during the 1978 direct contacts has not yet been adopted. In its reports, the Government indicates that draft texts have been drawn up to bring the national law and practice into conformity with certain Conventions, including Convention No. 18, and that the constitutional procedure for the adoption of these draft texts has been commenced and is following its course before the competent bodies. These draft texts will be supplied to the Committee in due time. The Committee notes this statement. It can only express its regret at the delay in the adoption of the Decree in question. The Committee trusts that measures will be taken to bring the list of occupational diseases annexed to Ordinance No. 59-60 of 1959 into conformity with Article 2 of the Convention by the deletion of the limitative element in the list of pathological manifestations which may be caused by lead and mercury poisoning and by the addition, among the kinds of work which may lead to anthrax infection, the operations of "loading and unloading or transport of merchandise" in general. [The Government is asked to supply full particulars to the Conference at its 77th Session.]