Texts of pending comments

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on workers’ compensation, the Committee considers it appropriate to examine Conventions Nos 12 (agriculture), 17 (industrial accidents), 18 (occupational diseases), and 19 (equality of treatment) together.

The Committee notes the observations of the National Union of Angolan Workers (UNTA) on the application of Convention No. 18, received on 30 August 2019.

Article 1 of Conventions Nos 12, 17, and 18. Operationalization of the employment injury compensation scheme. In its previous comments, the Committee noted that a number of elements foreseen in the Decree No. 53/05 of 15 August 2005 issuing legal provisions concerning industrial accidents and occupational diseases (Decree No. 53/05) had not materialized yet due to the fact that the necessary implementing regulations had not yet been adopted. In particular, the Committee noted that the National Commission for the Assessment of Occupational Disability (CNAIL) had not yet been established and that the indispensable tables for the medical and mathematical assessment of incapacity had not been updated. In addition, the Committee requested the Government to provide information on the establishment of the Employment Accident and Occupational Disease Pension Adjustment Fund (FUNDAP) responsible for updating the amounts of compensations pursuant to section 42 of Decree No. 53/05. The Committee thus requested the Government to adopt the necessary pieces of legislation so as to operationalize the employment injury compensation scheme, with a view to give effect to Article 1 of Conventions Nos 12, 17 and 18. In the absence of information in the Government’s report on the measures taken to this effect, the Committee requests the Government to indicate whether (i) the CNAIL has been established, (ii) the tables for the medical and mathematical assessment of incapacity for work have been updated, (iii) the FUNDAP has been established, and to provide information on any measure taken in this regard. The Committee recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

Articles 2 and 3 of Convention No. 17. Public servants and employees of the public administration. In its previous comments, the Committee requested the Government to indicate whether any specific legislation had been adopted in respect of public servants and employees of the public administration. The Committee notes the absence of information in the Government’s report on this point. The Committee observes that, although public servants and employees of the public administration are excluded from the scope of coverage of Decree No. 53/05 pursuant to its section 2(a), section 57 of the Decree provides for their coverage, with certain adaptations, as long as there is no other scheme in place ensuring their protection. The Committee further observes from the information contained in the database of the International Social Security Association (ISSA), “Social Security Programs Throughout the World, 2019” concerning employment injury benefits that a separate system for public-sector employees has not yet been implemented.

The Committee requests the Government to provide information on the provisions governing the coverage of public servants and employees of the public administration for employment injury compensation and to indicate, in particular, whether they continue to be covered by Decree No. 53/05 and whether by virtue of its section 57, any adaptations of the provisions of the Decree have been made with respect to public servants and employees of the public administration. The Committee further requests the Government to provide information on any measures taken or envisaged to establish a separate scheme or specific legislative provisions for the compensation of public servants and employees of the public administration in case of employment injury.

Article 7 of Convention No. 17. Additional compensation for constant help of another person. The Committee previously requested the Government to provide information on the manner in which national law guarantees that beneficiaries of employment injury benefits were provided with additional financial assistance when their condition required the assistance of a third person. In its reply, the Government indicates that as per section 32 of Decree No. 53/05, in case of total and permanent incapacity for work, an allowance for each dependent family member is paid in addition to the monthly pension equal to 80 per cent of the respective reference salary. While taking note of this information, the Committee recalls that Article 7 of the Convention requires the payment of additional compensation in all cases where the injury results in incapacity of such a nature that the injured workers must have the constant help of another person. The Committee therefore requests the Government to ensure that all injured workers, including those with partial permanent or temporary incapacity, are provided with additional compensation when the constant help of another person is required and to provide information on the measures taken to this effect.

Article 8 of Convention No. 17. Supervision and revision of periodical payments. In its previous comments, the Committee requested the Government to indicate the measures taken to allow for the supervision and revision of periodical payments in view of the degree of disability of victims of work-related injury. The Committee takes note of the indication by the Government that, according to section 41(2) and (3) of Decree No. 53/05, pensions may be reviewed as a matter of regular procedure or at the request of the beneficiary and that such reviews may be requested at any time, except during the first year, where they may be requested only once and after the first six months.

Application of Conventions Nos 17 and 18 in practice. Strengthening of enforcement and compliance measures. Further to its previous request, the Committee notes that according to the statistical data provided by the Government, in 2019, 4 072 people were declared eligible for occupational injury benefits. The Government further indicates that the General Labour Inspectorate (IGT) is responsible for receiving and analysing industrial accident and occupational disease notifications pursuant to section 6(4)(e) of the Presidential Decree No. 79/15 of 13 April 2015. The Committee notes, however, the allegations of the UNTA, pointing to an increase in fatal employment accidents, in particular in the construction and health sectors, due to the lack of work equipment and safety measures. The UNTA further indicates that many workers who are victims of occupational accidents do not benefit from due protection as a result of the shortage of personnel in the labour inspectorate and high level of corruption.

In this connection, the Committee observes that a cooperation agreement between the IGT and the Insurance Regulation and Supervision Agency (ARSEG) was concluded on 5 August 2020. One of the objectives of the agreement is to implement Decree No. 53/05 by increasing the number of labour inspections to ensure coverage by employment injury insurance and by training of labour inspectors (section 1). The Committee welcomes the conclusion of this agreement and hopes that it will lead to greater protection for workers in case of employment injury and ensure the due provision of compensation, in application of the Convention.

The Committee requests the Government to provide information on (i) the means taken by the national authorities to increase the number of labour inspections and to strengthen the capacity of the labour inspectorate in implementation of the agreement and (ii) any other measure taken or envisaged to enhance employers’ compliance with their legal obligations, in particular their obligation to affiliate with the ARSEG and to pay insurance premiums.

The Committee also requests the Government to provide statistical data on the number and nature of the employment accidents reported and the number of workers compensated, and on the number of workers registered with ARSEG, out of the total number of workers employed by enterprises, undertakings and establishments.

Article 2 and the Schedule to Convention No. 18. List of occupational diseases. In its previous comments, the Committee requested the Government to provide information on the procedure for recognition of occupational diseases from the time of the medical diagnosis and to indicate the manner in which the burden of proof applies to the recognition of occupational diseases. The Committee further requested the Government to indicate whether the pathologies listed in Appendix 1 to Decree No. 53/05 are presumed to be of occupational origin whenever the person concerned had worked in the industries and processes listed in the Schedule appended to the Convention.

The Committee notes the indication by the Government that the degree of incapacity is determined by the CNAIL, the composition and working methods of which are set out in section 21 of Executive Decree No. 53/05. The Government further indicates that based on the CNAIL’s evaluation of the degree of incapacity for work, labour courts determine the employment injury compensation as per section 20 of Decree No. 53/05. The Committee reiterates its request to the Government to indicate whether the pathologies listed in Appendix 1 to Decree No. 53/05 are presumed to be of occupational origin whenever the person concerned has worked in the industries and processes listed in the Schedule appended to the Convention.

Article 1 and application of Convention No. 19 in practice. Noting an absence of information from the Government, the Committee reiterates its request to indicate whether there are any special schemes or international agreements within the meaning of section 1(3) of Decree No. 53/05 under which the principle of equal treatment between national and foreign workers may be waived. In addition, the Committee once again requests the Government to provide statistics concerning the number and countries of origin of foreign workers employed in Angola and the amounts of employment injury benefits made to foreign workers or their dependants in case of their residence abroad.

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 more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting 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 (Part VI) as the most up-to-date instruments in this subject area.

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its previous comments, the Committee requested the Government to provide information on the measures taken to prevent and combat trafficking in persons for sexual and labour exploitation, as well as on the effective application of the provisions criminalizing trafficking in persons (sections 19 and 20 of Act No. 3/14 of 10 February 2014 on crimes related to money laundering).

The Committee notes with interest that, in its report, the Government refers to: (i) the establishment of the multisectoral committee against trafficking in persons, responsible for the protection, assistance, recovery, rehabilitation and reintegration of victims of trafficking; (ii) the adoption in February 2020 of the national action plan to combat trafficking in persons; and (iii) the introduction in the new Criminal Code of provisions specifically criminalizing trafficking for the purpose of labour exploitation or any other form of exploitation (section 178) and trafficking for the purpose of prostitution abroad (section 190). The Committee notes that the national action plan is based on four strategic pillars: prevention, victim protection and assistance, investigation and prosecution of perpetrators, and partnerships. The Government indicates that the plan will be implemented over a five-year period through actions at the national, provincial and local levels in cooperation with civil society. With respect to victim protection, the Government indicates that the national referral mechanism for victim assistance and the standardized assistance protocol for action by the various actors confronted with a potential victim of trafficking are being finalized. Lastly, the Government states that the multisectoral committee manages a database of 115 trafficking cases since 2014, 27 of which have resulted in a conviction (labour exploitation).

The Committee encourages the Government to continue to take the necessary measures to implement the four pillars of the national action plan to combat trafficking in persons. The Committee requests it to provide detailed information on the measures taken in this regard at the national and regional levels by the multisectoral committee against trafficking in persons and other responsible bodies, including with regard to prevention and assistance for victims. It also requests the Government to indicate whether a national referral mechanism for victim assistance has been adopted and to specify the number of victims who have benefited from it. Lastly, the Committee requests the Government to provide information on investigations led, judicial proceedings initiated and sanctions imposed in cases of trafficking in persons.

Article 2(2)(c). Civic service. The Committee previously noted that under section 10 of the General Military Service Act (Act No. 1/93 of 26 March 1993) and section 7 of the Act on national defence and the armed forces (Act No. 2/93 of 26 March 1993), conscientious objectors may perform their compulsory military service in the form of civic service, which must be subject to regulations. It requested the Government to specify whether general civic service had been instituted.

The Government indicates that the implementing regulations for the Acts on military service and national defence have not yet been adopted and that, as part of the process of restructuring and resizing the Ministry of national defence, ex-combatants and the Angolan armed forces, the regulations pertaining to this legislation are in an advanced stage of revision. The Committee notes this information and requests this Government to provide a copy of the texts, once adopted, governing the functioning of the civic service.

Article 2(2)(d). Powers of requisition. In its previous comments, while noting the Government’s indication that these texts had been tacitly repealed, the Committee requested the Government to formally abrogate Orders Nos 12/75 of 15 October 1975 and 44/83 of 21 May 1983, which set out powers to requisition workers that go beyond those authorized under Article 2(2)(d) of the Convention. These texts empower, respectively, an emergency industrial committee to requisition technicians from public or private enterprises for the period deemed necessary to resolve problems, and to call up, in the form of requisitioning, workers whose occupation corresponds to the training needs of special youth brigades, through their assignment to such brigades for a period of 90 days. In its report, the Government reiterates that although the texts cited by the Committee have not been expressly abrogated, they date back to a past political regime and were tacitly repealed with the entry into force of the Constitution in 1991 and the general labour laws of 2000 and 2017 which define forced labour.

The Committee takes due note of this information. It also notes the adoption on 17 August 2020 of Act No. 33/20 on civil requisitioning. Under section 1(2), civil requisition is a mechanism used exceptionally, which allows the State to resort to a set of determined and necessary measures to ensure, in particularly serious circumstances, the regular functioning of services or the availability of goods essential to the public interest or to vital sectors of the national economy. Requisition can concern all persons over the age of 18. Refusal to perform the duties requested constitutes a crime of disobedience and is subject to the corresponding disciplinary procedure. When the refusal comes from a worker or civil servant on strike, the crime of disobedience is subject to criminal proceedings. The Committee notes that section 13 of the Act lists the areas in which services and enterprises may be requisitioned. In this regard, the Committee refers to its comments under the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), in which it notes that this list is broad and encompasses activities which are not solely essential services in the strict sense of the term.

The Committee recalls that under Article 2(2)(d) of the Convention, powers of requisition, and consequently exaction of labour, must be limited to any circumstance that would endanger the existence or the well-being of the whole or part of the population. It requests the Government to indicate existing measures to ensure that the powers of requisition of persons, conferred under Act No. 33/20 on civil requisitioning, remain within the limits of the exception to forced labour provided for in Article 2(2)(d), namely circumstances endangering the existence or the well-being of the whole or part of the population. The Committee requests the Government to provide examples of the use of the Act on civil requisitioning in practice.

Article 25. Application of effective criminal penalties. The Committee drew the Government’s attention to the inadequate and non-deterrent nature of the penalties provided for in labour legislation for the exaction of forced labour (section 8 of Presidential Decree No. 154/16 which establishes fines for contravening the provisions of the General Labour Act). It requested the Government to indicate the criminal provisions which could be used to penalize the exaction of forced labour. The Government indicates that the new Criminal Code (Act No. 38/20 of 11 November 2020), in addition to criminalizing trafficking in persons (see above), criminalizes slavery (section 177), forced prostitution (section 189), and coercion and aggravated coercion, defined as forcing a person to perform an action or omission or activity using violence or threats (sections 171 and 172). The Committee takes due note of all the measures available to the investigative, prosecution and judicial authorities to identify the different practices that fall under forced labour. It requests the Government to provide information on the cases that have been investigated, the judicial proceedings initiated, the court decisions issued and the criminal sanctions imposed on the grounds of the above provisions of the Criminal Code. It also requests the Government to indicate whether awareness-raising and training activities have been organized for the law enforcement authorities, following the adoption of the new Criminal Code.

The Committee previously noted the observations of the National Union of Angola Workers (UNTA), which were received on 30 August 2019. The Committee requests the Government to provide its comments thereon.

Articles 1and 2 of the Convention. Equal remuneration for men and women for work of equal value. Legislation. The Committee previously noted that the General Labour Act (Act No. 7/015) of 21 April 2015 addressed some of the matters previously raised by the Committee, in particular the lifting of restrictions regarding the application of the principle of the Convention to men and women working for the same employer, under the same conditions or having the same qualifications, but regretted that the opportunity of the revision of the Act was not seized to bring the legislation fully into conformity with the Convention, in particular as regards its scope of application and the definition of remuneration. The Committee notes with regret the lack of information provided by the Government, in its report, on any progress made in that respect. The Committee again urges the Government to take the necessary steps to ensure that: (i) the principle of the Convention is applied to the categories of workers falling outside the scope of application of the General Labour Act, such as civil servants and casual workers; and (ii) the definition of remuneration set out in section 155 of the General Labour Act, which excludes several components of remuneration (such as travel and accommodation allowances, family allowances and other social security benefits), is brought fully into line with the Convention. It asks the Government to provide information on any progress made in that regard, as well as on any proactive measures taken to raise awareness of the meaning and scope of application of the principle of equal remuneration for work of equal value among workers, employers and their representative organizations, as well as among law enforcement officials.

Articles 2 and 3. Occupational gender segregation. Referring to its previous comments regarding the concentration of the labour force, notably women, in the informal economy, with low salaries and lack of social protection coverage, the Committee notes the Government’s statement that several policies and measures have been developed to enhance women’s participation in professional training courses, including through the adoption of the Action Plan for the Promotion of Employability (PAPE) in 2019. It observes, however, that the Government does not provide any information on the impact of such policies on women in practice. The Committee notes the adoption of (1) the National Development Plan 2018-2022 and the National Human Rights Strategy and Action Plan, by Presidential Decree No. 100/20 of 14 April 2020, which set out specific measures in order to promote gender equality and women’s empowerment, in particular in rural areas; and (2) the Decent Work Country Programme for 2019-2022, which integrates gender and non-discrimination as a cross-cutting issue and sets as a specific priority the transition of workers from the informal economy to the formal economy. It further notes, from the Government’s follow-up report to the concluding observations made by the United Nations (UN) Committee on the Elimination of Discrimination against Women (CEDAW), that the action plan for the implementation of the National Policy on Gender Equality and Equity, adopted in 2013, has been prepared and is currently being analysed for approval (CEDAW/C/AGO/FCO/7, 16 April 2021, paragraph 16). The Committee welcomes this information. However it notes that the National Union of Angola Workers (UNTA) indicates in its observations that, for cultural reasons, women still have a lower academic level than men and therefore represent the majority of workers in the informal economy, with underpaid, insecure and vulnerable jobs. The UNTA adds that, in the formal economy, women are mostly represented in the agriculture sector, where wages are insufficient to meet basic needs, and in the public sector where they represent a minority in technical careers and management positions and with lower salary than their male colleagues. In that regard, the Committee notes that, in 2019, in the context of the Universal Periodic Review (UPR), the Government indicated that in the civil service women represented 42 per cent of officials but held only 35.5 per cent of senior positions, while no data was available for the private sector. The activity rate was 45.4 per cent for women (compared to 61.1 per cent for men), the majority of whom were in the informal economy, as a result of the low level of literacy (estimated at 54 per cent for women compared to 83 per cent for men) and of formal technical education (A/HRC/WG.6/34/AGO/1, 23 August 2019, paragraphs 52 and 151). According to the 2020 Human Development Report from the United Nations Development Programme (UNDP), only 23.1 per cent of adult women have reached at least a secondary level of education, compared to 38.1 per cent for men, and the income inequality Gini coefficient (that is the measure of the deviation of the distribution of income among individuals or households within a country from a perfectly equal distribution; with a value of 0 representing absolute equality and a value of 100 representing absolute inequality) was estimated at 0.536. It further notes that, in their 2019 concluding observations, several UN treaty bodies remained concerned about: (1) the disproportionately high levels of illiteracy among women, in particular in rural areas; (2) the underrepresentation of girls and women in traditionally male-dominated areas of education, including technical and vocational education; and (3) the continuing horizontal and vertical occupational segregation and the concentration of women in the informal labour market and in low-paying jobs (CEDAW/C/AGO/CO/7, 14 March 2019, paragraphs 35 and 37, and CCPR/C/AGO/CO/2, 8 May 2019, paragraph 15). Taking into consideration the persistent vertical and horizontal occupational gender segregation, the Committee hopes that the Government will strengthen its efforts to implement proactive measures to promote and enforce the principle of equal remuneration for men and women for work of equal value. The Committee asks the Government to provide information on the content and impact of the specific measures taken, including in the framework of the National Development Plan 2018-2022, the National Human Rights Strategy and the Decent Work Country Programme for 2019-2022, to combat gender segregation in the labour market and promote women’s access to a wider range of jobs with career prospects and higher pay, in particular by facilitating their access to education and vocational training and their transition to the formal economy. The Committee further asks the Government to provide information on the adoption and implementation of the draft action plan for the implementation of the National Policy on Gender Equality and Equity.

Article 2(2)(b). Minimum wages. The Committee notes the Government’s indication regarding the increase of the minimum wage by 57 per cent in the public sector and by 30 per cent in the private sector (Presidential Decrees No. 13/19 and 14/19 of 9 January 2019). It further notes that, as a result of Presidential Decree No. 89/19 of 21 March 2019, the rate of the single guaranteed national minimum wage was increased (21’454.10 kwanzas (Kz)), together with the minimum wage rates corresponding to the three main economic sectors, namely trade and extractive industry (Kz32’181.15); transport, services and manufacturing (Kz 26’817.63); as well as agriculture (Kz21’454.10). The Committee welcomes this information but observes the persistent significant differences between sectors as regards the level of the minimum wage. It notes that, in its observations, the UNTA considers that the level of the single guaranteed national minimum wage is insufficient to meet the basic needs, and wage inequality is further supported by the determination of different minimum wage rates for the main economic sectors. The UNTA also expresses concern at the possibility for enterprises to set salary below the minimum wage rates when they are not in a position to pay the minimum wage rates established by the national legislation. The Committee notes that section 3 of Presidential Decree No. 89/19 explicitly allows companies in the agriculture and manufacturing sectors to set wages below the national minimum wages, after authorization of the head of the Ministerial Department responsible for labour issues. In that regard, it wishes to stress that a uniform national minimum wage system helps to raise the earnings of the lowest paid, most of whom are women, and thus has an influence on the relationship between men’s and women’s wages and on reducing the gender pay gap (see General Survey on fundamental Conventions, 2012, paragraph 683). In light of the persistent gender segregation of the labour market, the Committee again asks the Government to provide information on the specific measures taken to ensure that the determination of the minimum wage rates are free from gender bias, and that the work in sectors with a high proportion of women is not being undervalued in comparison with sectors in which men are predominantly employed. It asks the Government to provide information on the number of companies that have been authorized to set wages below the statutory minimum wages, pursuant to section 3 of Presidential Decree No. 89/19.

Article 3. Objective job evaluation. The Committee recalls that the effective implementation of the principle of the Convention requires some method of measuring and comparing the relative value of different jobs held by men and women, through an examination of the respective tasks involved, undertaken on the basis of entirely objective and non-discriminatory criteria, such as skills, effort, responsibilities and working conditions, in order to avoid the assessment being tainted by gender bias. It further recalls that measures for the objective evaluation of jobs can be taken at the enterprise, sectoral or national level, in the context of collective bargaining, as well as through wage-fixing mechanisms (see 2012 General Survey, paragraph 695). The Committee asks the Government to provide information on any measures taken to promote, develop and implement practical approaches and methods for the objective evaluation of jobs, both in the public and private sectors, based on criteria that are free from gender bias, such as qualifications and skills, effort, responsibilities and conditions of work, with a view to ensure the effective implementation of the principle of the Convention.

Enforcement. The Committee notes the Government’s statement that the Convention is enforced through the General Labour Inspectorate (IGT) but that no case of pay inequality has been identified. It notes that, in 2019, in the context of the UPR, the Government indicated that, in order to improve access to justice, as of 2015, several measures were introduced such as the decentralization of the courts and the establishment of alternative conflict resolution mechanisms, including the National Directorate for Extrajudicial Dispute Settlement, which is staffed by lawyers who provide legal advice and uphold the principle of non-discrimination, in particular on the grounds of sex, ensuring that citizens are aware of and can exercise and defend their rights and legitimate interests (A/HRC/WG.6/34/AGO/1, 23 August 2019, paragraphs 82 to 86). The Committee notes, however, that in their 2019 concluding observations several UN treaty bodies remained concerned about: (1) the limited availability of courts and out-of-court dispute settlement centres, in particular in rural areas; (2) the lack of independence of the judiciary and the insufficient number of trained judges, prosecutors and lawyers, which may prevent many citizens from accessing justice; and (3) the lack of capacity-building programmes for actors involved in traditional conflict resolution mechanisms and the limited oversight over their functions, which heightens the risk of such institutions perpetuating discriminatory gender stereotypes (CEDAW/C/AGO/CO/7, paragraph 14, and CCPR/C/AGO/CO/2, paragraph 37). Welcoming the steps taken by the Government to improve access to justice, the Committee asks the Government to pursue its efforts and to provide information on the content and impact of the activities undertaken to raise awareness about the remedies and procedures available, in particular in the framework of the National Directorate for Extrajudicial Dispute Settlement. It further asks the Government to provide information on any cases of pay inequality between men and women dealt with by the labour inspectors, the courts, alternative conflict resolution mechanisms or any other competent authority, the sanctions imposed and remedies granted.

Statistical information. Referring to its previous comments, the Committee notes the statistical information provided by the Government regarding the high, medium and low remuneration levels observed in six economic sectors. It however observes that no information is provided on the period covered by the statistical information nor on the distribution of men and women in these economic sectors and remuneration levels, which therefore does not allow the Committee to assess the application of the Convention in practice. The Committee notes further that, in its 2019 concluding observations, the CEDAW remained concerned about the limited availability, dissemination and analysis of gender statistics, in particular regarding gender stereotypes, education, employment, and economic empowerment (CEDAW/C/AGO/CO/7, paragraph 49). The Committee recalls that appropriate data and statistics are crucial in determining the nature, extent and causes of discrimination and unequal remuneration, to set priorities and design appropriate measures, to monitor and evaluate the impact of such measures, and make any necessary adjustments (see General Survey, 2012, paragraph 891). Consequently, the Committee hopes that the Government will soon be in a position to provide relevant statistical information that would permit an assessment of the remuneration levels of men and women and pay differentials. It asks the Government to provide any available information on the distribution of women and men in the various economic sectors and occupations, and their corresponding earnings, both in the public and private sectors.

Article 1(a) of the Convention. Imposition of penal sanctions involving compulsory labour as a punishment for expressing political views or views ideologically opposed to the established political, social or economic system. The Committee previously noted that the draft Penal Code under discussion still provided for prison sentences for the offences of slander and defamation. It drew the Government’s attention to the fact that the Convention prohibits the imposition of forced labour, including compulsory prison labour, for the expression of political views or opposition to the established political, social or economic system. It emphasized that the imposition of prison sentences that involve compulsory labour, which is the case in Angola by virtue of sections 13 and 50(c) of the Regulations of the progressive regime of 9 July 1981, can have an impact on compliance with Article 1(a) of the Convention when they punish the expression of political views or opposition to the established system. The Committee requested the Government to take these considerations into account and to ensure the conformity of the provisions of the future Penal Code with the Convention, particularly with regard to the penalties applicable in the event of defamation.

In its report, the Government indicates that the national legal system does not contain any provision envisaging compulsory prison labour as a sanction or punishment for the expression of political views. The obligation to perform work in prison is an indirect result of conviction by the courts as it is only from the moment of conviction that the convict becomes a detainee and is accordingly subject to the requirement to work. Such work is intended to facilitate the reintegration of the detainee into society and applies to all detainees irrespective of the nature of the crime or offence. The Government considers that there is no lack of conformity between the Convention and the provisions establishing penalties for the offences of defamation and other offences arising out of violations of the limits on the exercise of freedom of expression, also considering that the prison labour performed by convicted persons must not be considered forced labour, in accordance with Article 2(2)(c) of the Forced Labour Convention, 1930 (No. 29).

The Committee notes the Government’s position. It recalls that, although Convention No. 29 and Convention No. 105 are complementary, the exceptions envisaged in Article 2(2) of Convention No. 29 do not automatically apply to Convention No. 105. With regard to the exemption of prison labour or other forms of compulsory labour exacted as a consequence of a conviction in a court of law, in the majority of cases, such compulsory labour will have no relevance to the application of Convention No. 105, such as in the case of the exaction of compulsory labour from common offenders. However, in the case of persons required to work in prison following a conviction to a prison sentence for participation in political activities or expressing certain views, breaches of labour discipline or participation in a strike, this situation is covered by Convention No. 105. The Committee stresses that the purpose of the Convention is to ensure that no form of compulsory labour, including compulsory prison labour exacted from convicted persons, is imposed in the circumstances specified in the Convention, which are closely interlinked with the exercise of civil liberties (see also 2012 General Survey on the fundamental Conventions, paragraph 300).

In this regard, the Committee notes with regret that the new Penal Code maintains penal sanctions in the form of prison sentences for the offences of defamation (section 313) and slander (section 312). It also notes that section 333 provides that any person who publicly and with the intention of causing offence and insults through the use of words, images, writings, drawings or sounds against the Republic, the President of the Republic or any other sovereign body shall be liable to a sentence of imprisonment of between 6 months and three years and a fine. The Committee recalls in this regard that persons convicted to sentences of imprisonment are required to work (sections 13 and 50(c) of the Regulations of the progressive regime of 9 July 1981 and 60 of the Prisons Act No. 8/08 of 29 August 2008).

The Committee requests the Government to take the necessary measures to review the above provisions of the Penal Code and to ensure that, in accordance with the Convention, no one is compelled to perform labour, particularly compulsory prison labour, as a result of a conviction for having expressed certain political views or views opposed to the established political, social or economic system. It once again requests the Government to provide information on any prosecutions or court decisions under the provisions of the Penal Code establishing the offences of slander, defamation and insults against the Republic or the President of the Republic (sections 312, 313 and 333), with an indication of the facts leading to the prosecutions and the penalties imposed.

Article 1(d). Imposition of prison sentences involving an obligation to work as a punishment for having participated in strikes. The Committee previously drew the Government’s attention to the need to amend the provisions of section 27(1) of the Act on Strikes (Act No. 23/91 of 15 June 1991), under which the organizers of a strike that is prohibited or illegal or has been suspended by law were liable to prison sentences or fines. Accordingly, the organizer of a prohibited, illegal or suspended strike who has been convicted to a sentence of imprisonment could be compelled to perform compulsory prison labour. The Committee notes with satisfaction that section 27 of Act No. 23/91 on Strikes has been repealed following the adoption of the new Penal Code (section 6(2)(g) of Act No. 38/20 of 11 November 2020).

The Committee is raising other matters in a request addressed directly to the Government.

Article 1(c). Imposition of compulsory labour as a means of labour discipline. For many years, the Committee has been requesting the Government to amend or repeal sections 132 and 137 of the Merchant Shipping Penal and Disciplinary Code which are contrary to the Convention as they permit the imposition of prison sentences (involving compulsory labour by virtue of sections 13 and 50(c) of the Regulations of the progressive regime of 9 July 1981) for certain breaches of labour discipline which do not endanger the safety of the vessel or the life or health of persons on board. The Committee noted previously that the Act on Merchant Shipping of 2012 (Act No. 27/12) does not regulate the conditions of work of seafarers (section 57), which are to be covered by specific legislation.

The Committee notes the Government’s indication that the Merchant Shipping Penal and Disciplinary Code dates from the colonial era and is no longer considered to be in force in the national legal system. The Government specifies that, under section 25 of the General Labour Act (Act No. 17/15), the contract of employment on board vessels is a special type of employment contract which therefore has to be regulated by specific legislation (section 25). As such specific regulations have not been adopted, the provisions of the General Labour Act are applicable. Under these conditions, the penalties applicable in cases of breaches of labour discipline for workers covered by contracts of employment on board vessels are the disciplinary measures set out in section 47 of the General Labour Act, namely: a verbal warning, a written warning, a reduction in pay and disciplinary termination. The Committee takes due note of this information and requests the Government to indicate whether specific regulations on employment contracts and conditions of work on board vessels have been adopted and, if so, to provide a copy.

Article 1 of the Convention. National policy and application of the Convention in practice. In its previous comments, the Committee noted that many children under the minimum age for admission to employment or work are employed in Angola, mainly on family farms and in the informal economy, where their work is not monitored. The Committee requested the Government to intensify its efforts to combat child labour and to develop a national policy for the effective elimination of child labour and to provide information on the measures taken in this regard.

The Committee notes that the Government has not provided any information in its report on this point. The Committee notes that according to the United Nations Sustainable Development Cooperation Framework, 2020-2022 document, 40 percent of children between the ages of 6 and 11 are not at school. The Committee also notes that the Committee on the Rights of the Child (CRC) in its concluding observations of 2018 expressed concern that child labour is highly prevalent in the country, especially in the rural areas (CRC/C/AGO/CO/5-7, paragraph 35). The Committee further notes from the Draft Report of the Human Rights Council Working Group on the Universal Periodic Review of November 2019 that a National Plan of Action for the Elimination of Child Labour was in the process of being adopted (A/HRC/WG.6/34/L.8, paragraph 87). The Committee requests the Government to provide information on the adoption of the National Plan of Action for the elimination of child labour, including the measures taken within its framework to eliminate child labour and the results achieved. It also requests the Government to provide detailed information on the manner in which the Convention is applied in practice, including, for example, statistical data on the employment of children and young persons, extracts from inspection reports, and information on the number and nature of infringements detected involving children and young persons and on the penalties applied.

Article 2(1). 1. Scope of application and labour inspection. In its previous comments, the Committee noted that the General Labour Act of 2000 (Act No. 2/2000) applies only to work performed on the basis of an employment relationship between an employer and a worker and does not cover children who work in the informal economy or on their own account while the majority of working children worked in the informal economy. It noted the Government’s information on the measures taken: (i) to raise awareness among enterprises, including in the informal economy, of the legislation prohibiting child labour; and (ii) to reduce the scope of the informal economy through formalization initiatives. It also noted the adoption of Decree No. 115/16 on domestic work which prohibits the employment of young persons under the age of 18 years in domestic work. The Committee encouraged the Government to continue its efforts to protect children from child labour, by ensuring observance of the minimum age for admission to employment or work, including in the informal economy.

The Committee notes that the Government report does not provide any information in this regard. It observes that the General Labour Law No.7 adopted in 2015 also applies only to workers who provide paid services for an employer under his organisation and supervision (section 1). The Committee reminds the Government that the Convention applies to all branches of economic activity and covers all types of employment or work, whether or not carried out on the basis of an employment relationship, or whether or not it is paid. The Committee accordingly requests the Government to take the necessary measures, including through adapting and strengthening the labour inspection services, to ensure that children who are not bound by an employment relationship, such as those who are self-employed, involved in unpaid work or work in the informal economy, enjoy the protection afforded by the Convention. It requests the Government to provide information on the steps taken in this regard and the results achieved.

2. Minimum age for admission to employment or work. Family work and occasional work. The Committee previously noted that the General Labour Act No. 7/15 of 15 June 2015 excludes family work and casual work from its scope of application (section 2(c) and (d)). It had noted the Government’s information that regulations were being drawn up covering family work and occasional work with a view to guaranteeing protection to these categories of workers.

The Committee notes an absence of information in the Government’s report. The Committee reminds the Government that the Convention applies to all sectors of economic activity and covers all forms of employment or work, including family work and occasional work. The Committee therefore requests the Government to indicate the measures taken or envisaged to ensure that the protection afforded by the Convention is applicable to children working in all sectors, including family work and occasional work. It requests the Government to provide information on any measures taken in this regard, including any progress made with regard to the development of regulations concerning family work and occasional work.

Article 2(3) and (4). Age of completion of compulsory schooling. The Committee had previously noted the adoption of the Basic Act on the Education System of 2016, which provides for compulsory schooling from six to nine years, or up to the age of 14 or 15 years. Noting an absence of information in the Government’s report, the Committee once again requests the Government to specify which provisions of the Basic Act on the Education System, 2016 provide that the duration of compulsory schooling shall now be nine years. It also requests the Government to provide a copy of the Basic Act on the Education System, 2016. Please also provide information concerning the enrolment and completion rates, and the school dropout rates, in primary and secondary education.

Article 3(2). Determination of hazardous work. In its previous comments, the Committee noted the adoption of Joint Executive Decree No. 171/10, which contains a list of 57 types of hazardous activities that children under the age of 18 years are prohibited from undertaking. Noting an absence of information in the Government’s report, the Committee once again requests the Government to provide information on the application in practice of Decree No. 171/10, including statistical data on the number and nature of infringements reported and penalties imposed.

Article 9(3). Registers to be kept by the employer. Following its previous comments, the Committee notes the Government’s information that Decree No.155 of 2004 requires enterprises to transmit to the Employment Observatory in the Ministry of Public Administration, Labour and Social Security an organizational chart and a list of the persons who work for them, known as the Inventory or Registry of Workers’ Names. While the Government states that a copy of the Decree is attached, no such decree have been attached with the report. The Committee requests the Government to indicate whether the Registry of Workers’ Names also contains the ages or date of birth of workers under the age of 18 years, as required by Article 9(3) of the Convention. It once again requests the Government to provide a copy of Decree No. 155 of 2004.

Article 7(2) of the Convention. Effective and time-bound measures. Clause (a). Preventing the engagement of children in the worst forms of child labour. Access to free basic education. The Committee previously noted from the Government’s report of 2016 to the United Nations Committee on the Rights of the Child (CRC), that the net enrolment rate in secondary education rose from 48.7 per cent in 2013 to 51.8 per cent in 2014, and that it was expected to rise to 54.8 per cent in 2015 and 57.5 per cent in 2016 (CRC/C/AGO/5-7, page 31). The Committee requested the Government to intensify its efforts to improve the functioning of the education system and to facilitate access to free, quality basic education, particularly for children from poor families, children living in rural areas, and girls.

The Committee notes that the Government’s report contain no information on this point. The Committee notes that according to the United Nations Sustainable Development Cooperation Framework, 2020–2022, Angola made substantial efforts which resulted in visible progress in primary education registration which increased from 5.8 million to 10 million between 2009 and 2018. However, this report indicates that 40 percent of the children between the ages of 6 and 11 are not at school; 18 per cent of the young population have never been to school; and 19 per cent do not have any level of education. Almost half the population in the age group between 12 and 17 are not satisfactorily in programmes of secondary or vocational education that correspond to their age (pages 25 and 27). Recalling that education is key in preventing the engagement of children in the worst forms of child labour, the Committee encourages the Government to pursue its efforts to improve the functioning of the education system and to facilitate access to free, quality basic education, to all children, particularly at the secondary level. It once again requests the Government to provide information on the measures taken in this regard and the results achieved, particularly with regard to increasing school enrolment and completion rates and reducing drop-out rates in the primary and secondary education. To the extent possible, this information should be disaggregated by age and gender.

Clause (b). Removing children from the worst forms of child labour and ensuring their rehabilitation and social integration. Child victims of trafficking and commercial sexual exploitation. In its previous comments, the Committee noted the Government’s information, in its report of 2016 to the CRC, regarding the existence of a programme for the family reunification and placement in institutions of child victims of sexual exploitation and trafficking. It also noted from this report that the National Development Programme (PND) 2013–17 implemented policies, programmes and actions to eliminate the sale and trafficking of children, as well as child prostitution, and that the National Children’s Institute (INAC) and the National Children’s Council (CNAC) were the agencies responsible for ensuring the implementation of the government policies at the national level in the areas of investigation relating to children and their social protection (CRC/C/OPSC/AGO/1, paragraphs 51, 54 and 56).

The Committee notes that the Government’s report does not contain any information as requested by the Committee regarding the measures taken by the INAC and CNAC in identifying and providing assistance to the child victims of trafficking and sexual exploitation. The Committee, however, notes from the concluding observations of the CRC on the application of the Optional Protocol on the sale of children, child prostitution and child pornography (OPSC) of 2018 that an Inter-ministerial Commission to Combat Trafficking in Persons and a child abduction alert system were developed in 2014 and 2017 respectively and a National Action Plan (NAP) to Combat Trafficking in Persons was adopted in 2018. However, the CRC expressed its concern at the prevalence of cases of trafficking in children from and into neighbouring countries, in particular undocumented migrant children from the Democratic Republic of the Congo, for commercial sexual exploitation (in particular of girls) and for forced labour in diamond-mining districts, and of cases of boys trafficked for forced labour, in particular cattle herding. The CRC also expressed concern at the prevalence of sexual exploitation of children in the travel and tourism sectors (CRC/C/OPSC/AGO/CO/1, paragraphs 6, 19(d), and 21). The Committee must express its deep concern at the situation of children trafficked for labour and sexual exploitation. The Committee therefore urges the Government to strengthen its measures, including within the framework of the PND and the NAP to Combat Trafficking in Persons, to prevent children from becoming victims of trafficking and commercial sexual exploitation, to remove child victims from the worst forms of child labour and to ensure their rehabilitation and social integration. It requests the Government to provide information on the measures taken in this regard and the results achieved in terms of the number of children who have been removed and rehabilitated. In this regard, the Committee further requests the Government to indicate the measures taken by the INAC, the CNAC and the Inter-ministerial Commission to Combat Trafficking in Persons in identifying, removing and providing appropriate services and assistance to child victims of worst forms of child labour.

Clause (d). Children at special risk. HIV/AIDS orphans and other vulnerable children (OVC). The Committee previously noted the Government’s indication that a national action plan on OVC was being developed and that the plan sought to strengthen the capacities of families, communities and institutions to respond to the needs of OVC and to expand social protection services and mechanisms for these children. It however noted from the UNAIDS estimates of 2016, that approximately 130,000 children aged 17 years and younger had been orphaned by HIV/AIDs in Angola.

The Committee notes that the Government’s report does not contain any information on this matter. It notes that according to the UNAIDS estimates for 2020, the number of children under 17 years who have been orphaned due to HIV AIDS in Angola has doubled, to approximately 260,000 children. Recalling that OVC are at an increased risk of being engaged in the worst forms of child labour, the Committee strongly urges the Government to take immediate and effective measures, as part of the national action plan on OVC, to ensure that HIV/AIDS orphans and OVC are protected from the worst forms of child labour. The Committee requests the Government to provide information on the specific measures taken in this respect and on the results achieved.

Application of the Convention in practice. In its previous comments, the Committee noted the Government’s statement that there are children in Angola who are engaged in the worst forms of child labour, such as those who perform hazardous types of work (in the diamond mines and in the fishing industry).

The Committee notes that the Government has not provided any information on the measures taken to protect children from these worst forms of child labour. The Committee notes that the Human Rights Committee, in its concluding observations of May 2019, expressed concern at the insufficient efforts to tackle child labour, particularly in the mining sector (CCPR/C/AGO/CO/2, paragraph 33). The Committee urges the Government to intensify its efforts to ensure that children are protected in practice against the worst forms of child labour, particularly in hazardous work. It also requests the Government to take the necessary measures to ensure the availability of sufficient data on these issues and to provide information on the nature and scope of, and trends on the worst forms of child labour and on the number of children covered by measures giving effect to the Convention. To the extent possible, this information should be disaggregated by gender and age.

The Committee is raising other matters in a request addressed directly to the Government.

Article 3 of the Convention. Worst forms of child labour. Clause (a). 1. Sale and trafficking of children. The Committee previously noted that section 19(2) of Act No. 3 of 2014 (on offences related to money laundering and organized crime) treats as a criminal offence the offering, provision, acceptance, transportation, reception or accommodation of a minor for sexual or labour exploitation, any of which is punishable by imprisonment of eight to 12 years. Section 23 of Act No. 3/14 also establishes penalties for the trafficking of minors to foreign countries for sexual exploitation. The Committee requested the Government to provide information on the application in practice of these provisions.

The Committee notes that the Government’s report does not contain any information in this regard. The Committee, however, notes from the concluding observations of June 2018 of the Committee on the Rights of the Child (CRC) on the Optional Protocol to the Convention on the Rights of the Child on the sale of children, child prostitution and child pornography (OPSC) that as of March 2018, five investigations concerning the sale of children were initiated (CRC/C/OPSC/AGO/CO/1, paragraph 7). The Committee also notes that section 196 of the new Penal Code No 38 of 2020 provides penalties for the offences related to trafficking of minors under 18 years for sexual exploitation. The Committee requests the Government to provide information on the application in practice of section 196 of the Penal Code of 2020 and sections 19(2) and 23 of the Act No 3 of 2014, indicating the number of prosecutions, convictions and penal sanctions applied for the offences related to the sale and trafficking of children under 18 years for sexual or labour exploitation. It also requests the Government to provide information on the findings of the five cases initiated concerning the sale and trafficking of children under 18 years of age as well as any criminal penalties applied.

2. Children in armed conflict. The Committee notes that the CRC, in its concluding observations of June 2018, on the Optional Protocol to the Convention on the Rights of the Child on the involvement of children in armed conflict, expressed concern about the recruitment and use of children above the age of 16 in hostilities by armed forces and non-State armed groups, as well as the recruitment and use of children by private security companies and that such practices are not explicitly prohibited or criminalized. The CRC acknowledged the information that 11 children who had reportedly recruited by militias in the Democratic Republic of the Congo, has been registered. The CRC further noted the practices of abuse of girls as porters, domestic workers or sex slaves in the context of children in armed conflict (CRC/C/OPAC/AGO/CO/1, paragraphs 16 and 20). The Committee requests the Government to take effective measures to prohibit and criminalize the use, procuring or offering of children under 18 years for armed conflict and to ensure that sufficiently effective and deterrent penalties are imposed on any person found guilty of recruiting or using children under 18 years of age for the purpose of armed conflict. The Committee also requests the Government to provide information on the number and nature of investigations carried out against the perpetrators of these crimes, as well as on the number of prosecutions conducted, and the number and nature of penalties imposed.

Clause (b). Use, procuring or offering of a child for the production of pornography or for pornographic performances. In its previous comments, the Committee noted that the Joint Executive Decree No. 171 of 2010, which establishes the activities prohibited to minors, includes the production of pornography.

The Committee notes that the Government has not provided any information relating to the Committee’s previous request concerning the application in practice of Decree No.171 of 2010. The Committee notes that section 198 of the Penal Code of 2020 also provides for penalties of imprisonment for up to ten years for the offences related to the using, promoting, facilitating or allowing minors under 18 years to participate in child pornography or acquiring, holding, offering, distributing, transmitting or broadcasting child pornography. “Child pornography” refers to any pornographic material that represents visually or audibly or virtually or real appearances of persons under 18 years of age in sexually explicit behaviour. The Committee requests the Government to provide information on the application in practice of section 198 of the Penal Code of 2020, indicating the number of prosecutions, convictions and penalties imposed for the offences related to the use, procuring or offering of young persons under the age of 18 years for the production of pornography or for pornographic performances.

Article 7(2). Effective and time-bound measures. Clause (d). Children at special risk. Children in street situations. In its previous comments, the Committee noted the Government’s indication that the displacement of a large number of people during the armed conflict had resulted in children living on the streets. The Government indicated that, although the number of street children was decreasing as a result of a relative improvement in the population’s living conditions, a large number of children still lived on the streets. Efforts had been made as part of a specific programme designed to reunite street children with their families of origin or place them in host families, and cooperation had been established between several public partners in order to implement programmes to create and improve private institutions accommodating street children (with integrated education and vocational training activities). It further noted the Government’s indication, in its report to the CRC, that the number of street children had decreased (CRC/C/AGO/5-7, paragraph 175). Noting an absence of information in the Government’s report, the Committee once again requests the Government to intensify its efforts to ensure that children in street situation are protected against the worst forms of child labour and to ensure their rehabilitation and social integration. It also requests the Government to provide information on the number of street children who have benefited from educational and vocational training programmes in specialized institutions.

The Committee notes the observations of the National Union of Angolan Workers (UNTA) received in 2019, which include reference to responsibilities under Articles 6 and 11(1)(a) and (b) of the Convention.

Article 3(2) of the Convention. Additional functions assigned to labour inspectors. 1. Mediation. The Committee previously noted that section 275 of the General Labour Act entrusted labour inspectors with the function of mediating disputes between employers and workers. It noted from the annual report on labour inspection of 2016 that the number of mediation requests had increased significantly and that 4,454 requests had been received. The Committee notes that the Government does not provide information on this matter in its report. The Committee recalls that, in accordance with Article 3(2) of the Convention, any further duties which may be entrusted to labour inspectors shall not be such as to interfere with the effective discharge of their primary duties, as defined in Article 3(1). Consequently, the Committee once again requests the Government to provide information on the time and resources of the inspection services spent on mediation, in relation to their primary duties as defined in Article 3(1) of the Convention.

2. Immigration. In its previous comments, the Committee noted that the annual labour inspection reports 2014 to 2016 contained information on the number of foreign workers, disaggregated between residents, non-residents and refugees. It also noted that the labour inspection report of 2016 stated that one of the most significant issues that arises in the course of the inspectorate’s work is the procedure for hiring of non-resident workers. The Committee notes that the Government does not provide information on this matter. Consequently, the Committee once again requests the Government to provide further information on the role of labour inspectors with regard to the monitoring of the immigration status of foreign workers.

Article 6 Inspection staff composed of public officials. In its previous comments, the Committee noted the Governments’ indication that in general labour inspectors have the same status as public servants. The Committee notes the observations of the UNTA that the functioning of the labour inspectorate remains weak due to the low wages that inspectors receive. The Committee requests the Government to provide information on the measures taken or envisaged to improve the conditions of service of labour inspectors, particularly related to remuneration and career prospects. In this respect, the Committee requests the Government to provide information on the salary, benefits, and career prospects of labour inspectors, disaggregated by senior technical, technical, and deputy, in comparison to public servants exercising similar functions within other government services, such as tax inspectors and police.

Articles 10 and 11(1)(a) and (b). Human and financial resources, means of action and transport facilities available to the inspection services. The Committee notes that the UNTA refers to a reduced number of labour inspectors to cover a high number of enterprises as well as insufficient means of transport.

The Committee also notes the Government’s indication, in response to the Committee’s previous request, that the organizational structure of the General labour inspectorate includes both a Directorate (central services, including administrative bodies, support services and executives) and local offices pursuant to section 7 of the Organic Statute of Labour Inspection (OSLI). The Government indicates that the central authority, which oversees all work throughout the country, provides facilities or offices for the operations of the respective services. With regard to the geographical distribution of inspection offices, the Government indicates that, because the inspectorate operates through its local offices, there is one in each of the 18 provinces of the country. In addition, the Committee notes that the labour inspectorate currently has 277 inspectors for the country as a whole (a significant increase from the 144 noted in 2016), of which 56 hold management and executive posts, 130 are senior technical inspectors, 69 are Grade 3 technical inspectors and 22 are deputy inspectors. With regard to transport, the Government indicates that, although they are not sufficient, the labour inspectorate has its own vehicles with which to meet its transport needs during the discharge of its duties. Taking due note of the organizational and geographical distribution of the General labour inspectorate and local offices and the total number of labour inspectors, the Committee requests the Government to continue to provide information on the total number of labour inspectors as well as their grades and geographical distribution by province. In addition, the Committee requests the Government to provide information on specific actions taken to ensure that adequate material means are provided to inspectors for the performance of their functions throughout the territory, and that any costs incurred by inspectors in the performance of their duties are reimbursed. The Committee requests the Government to provide information in particular on the transport facilities available to labour inspectors in each province, and the total amount spent on travel allowances each year.

Articles 14 and 21(g). Notification to the labour inspectorate of industrial accidents and cases of occupational disease. The Committee previously noted that pursuant to section 13(2) of the OSLI, the Department of Safety, Hygiene and Health at Work ensures the collection, treatment and analysis of occupational accident and disease data as well as the preparation of annual statistical reports. It also noted that the labour inspection reports of 2015 and 2016 contained information on occupational accidents. The Committee notes the Government’s indication that pursuant to section 16 of Decree No. 31/94 of 5 August 1994 on the occupational safety, hygiene and health system, employers are required to notify the General labour inspectorate of industrial accidents and cases of occupational disease. In addition, it notes that fatal work accidents must be mandatorily reported to the competent judicial bodies within 24 hours after their occurrence. Lastly, the Committee notes that a violation of an employer’s duty to provide notification of industrial accidents and cases of occupational disease is punishable by a fine of up to ten times the average wage paid by the enterprise pursuant to section 31 of Decree No. 31/94. The Committee requests the Government to provide information on any violations of the employer duties identified above, and the amounts of any fines levied and collected as a result of those violations. The Committee also requests the Government to take measures to ensure that future annual labour inspection reports contain statistical information on cases of occupational disease, in conformity with Article 21(g).

Articles 20 and 21. Publication and communication of an annual report on labour inspection. The Committee notes that the annual report on the activities of the labour inspectorate has not been communicated since 2016. The Committee requests the Government to take the necessary measures to ensure that annual labour inspection reports are prepared, published and transmitted to the ILO, in accordance with Articles 20 and 21 of the Convention.

The Committee notes the Government’s response to the observations made in 2019 by the National Union of Angolan Workers (UNTA) concerning the application of the Convention.

Legislative reforms. In its previous comments, the Committee noted the bills revising the Trade Unions Act No. 21 C/92 and the Strikes Act No. 23/91, which included a number of amendments suggested by the Committee. The Committee recalls that its previous comments referred to the need to:

-amend section 3 of the Trade Unions Act, which provides that first-level organizations must include in their membership at least 30 per cent of workers in the occupational branches and sectors of economic activity at the provincial level, by lowering the percentage of workers needed to establish a first-level organization;
-provide clarification regarding section 3(6) of the Trade Unions Act concerning the right to establish unions at the enterprise level. The Committee had asked the Government to confirm whether this provision enabled workers to organize at the enterprise level.
-amend section 2(2) of the Strikes Act, which provides that any reduction or alteration of hours and methods of work that has been agreed upon collectively and does not imply refusal to work is not deemed to be a strike and may therefore be subject to disciplinary action, so as to ensure that the aforementioned forms of collective action are not subject to disciplinary measures;
-amend section 6 of the Strikes Act, which bans strike action by civilian workers in military institutions, so as to ensure that these workers may resort to strike action without incurring any penalties;
-amend section 10 of the Strikes Act, which provides that a strike may be declared only if two-thirds of the workers present in the assembly so agree, and that the employer is entitled to demand the presence of a representative of the public authority at any assembly for the calling of a strike, in order to check that it is properly constituted and its decisions properly adopted;
-provide clarification of the wording of section 20(1) of the Strikes Act, which provides that public service workers and trade unions must, in the event of a strike, provide “through pickets”, the services required to meet the basic needs of the population, and indicate the exact meaning of the term “pickets” and the manner in which the necessary minimum services are determined in such an event. The Committee had requested the Government to take advantage of the legislative reform to draft section 20(1) more precisely and to ensure that minimum services were determined, not solely by the public authorities, but in consultation with the employers’ and workers’ organizations concerned and that any disagreement is settled by an independent body;
-amend section 20(3) of the Strikes Act, which allows workers to be requisitioned in the event of a strike in (a) the postal services; (b) fuel supply; (c) public transport; and (d) the loading and unloading of foodstuffs, since these are not essential services in the strict sense of the term (that is, services the interruption of which would endanger the lives, personal safety or health of the whole or part of the population). The Committee recalls that, although employers may require compliance with minimum services, which are determined with the participation of workers’ organizations, requisitioning by a decision of the administrative authorities should only be possible in the following circumstances: (i) in the public service, only for public servants exercising authority on behalf of the State; (ii) in essential services in the strict sense of the term, namely, services the interruption of which would endanger the lives, personal safety or health of the whole or part of the population; and (iii) in an acute national crisis. Negotiated minimum services may be required in cases (a), (b), (c) and (d);
-amend section 27 of the Strikes Act, which provides for the penalties of imprisonment and fines to organizers of a strike that has been forbidden, declared unlawful or suspended;
-indicate whether sympathy strikes or action to protest against economic and social policy considerations not contemplated in section 3 of the Strikes Act can be held without incurring penalties. The Committee had requested the Government to take the necessary steps to ensure that the new legislation did not preclude the possibility of resorting to strike action against economic and social policy or to sympathy strikes;
-provide information on section 8(1) of the Strikes Act, under which the right to strike of workers in ports, airports, railways, air and maritime transport, and any other enterprise that provides essential goods or services for the army shall be exercised in a manner that does not affect the supplies needed for national defence. The Government had indicated in its previous report that the bill revising the Strikes Act repealed this section and the Committee had therefore requested the Government to ensure that section 8(2), which provides for compulsory arbitration and for a mediation procedure in the case provided for under section 8(1)), was also repealed;
-explain the meaning of the phrase “in situations threatening public order or in the event of public disaster” in section 8(4), which provides for the suspension of the right to strike by a decision of the Council of Ministers in these cases, and indicate in what circumstances and how many times this provision had been applied. The Government had pointed out that, as yet, a disaster had never coincided with a strike and that the legislative authority would take account of the fact that this section was outdated (the Government had also indicated in its previous report that the new bill would provide that the suspension would be at the decision of the judicial authority).

The Committee notes that the Government reiterates that the Acts in question are still under review and that their content is subject to a public debate, with a view to reaching a consensus on various matters, including those relating to the amendment of section 3(2) of the Trade Unions Act and sections 2(2), 6, 10(2) and 20(3) of the Strikes Act.

Regretting the lack of significant progress in this area, the Committee is bound to reiterate its hope that the process of the revision of the Trade Unions Act No. 21 C/92 and the Strikes Act No. 23/91 can soon be completed and that all of the Committee’s comments will be taken into account to ensure the full conformity of the legislation with the Convention. The Committee requests the Government to provide information on any progress made in this regard.

In addition to the question of the requisitioning of workers during a strike, regarding the anticipated amendment of section 20(3) of Act No. 23/91, the Committee notes the adoption of Act No. 33/20 of 17 August 2020 on civil requisitioning. In this regard, it notes that, under the terms of section 1(2), “civil requisitioning is a measure of an exceptional nature enabling the State to have recourse to a number of specific measures necessary to ensure, in especially serious circumstances, the regular functioning of services or the availability of goods that are essential to the population or to vital sectors of the national economy”. The Committee also observes that the scope of application of Act No. 33/20, under section 13, includes activities that are not solely essential services in the strict sense of the term, including radio, television and teaching. In view of the foregoing, the Committee asks the Government to specify that the decision by authorities to resort to civil requisitioning, including under Act No. 33/20, can only have the effect of restricting the right to strike: (i) in the public service for public servants exercising authority on behalf of the State; (ii) in essential services in the strict sense of the term; or (iii) in an acute national crisis. The Committee requests the Government, in its next report, to provide information on the effect given in practice to Act No. 33/20.

The Committee reminds the Government that it may avail itself of ILO technical assistance in relation to the revision of laws concerning the application of the Convention.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comments, the Committee noted the observations of the National Trade Union of Teachers (SINPROF) and Education International (EI), received on 1 September 2017, alleging the existence of anti-union reprisals by the Government in several provinces of the country. In the absence of information received from the Government in this regard, the Committee recalls that it is the responsibility of the latter to take all necessary measures to ensure that the competent authorities conduct the necessary enquiries into these alleged acts of anti-union discrimination, and to take remedial measures and apply suitable penalties if the trade union rights recognized in the Convention are found to have been impaired. The Committee urges the Government to provide its comments in this regard.

Article 4. Measures to promote collective bargaining. Compulsory arbitration. The Committee recalls that for several years it has been requesting the Government to take the necessary measures to amend sections 20 and 28 of Act No. 20-A/92 on the right to collective bargaining, which impose compulsory arbitration in terms contrary to the indications of the Committee. In its previous comments, the Committee noted that section 273(2) of the General Labour Act No. 7/2015 establishes that collective labour disputes shall be resolved through mediation, conciliation and voluntary arbitration, without prejudice to specific legislation, and further noted that section 293 establishes that collective labour disputes shall be settled preferably through voluntary arbitration. Given that the General Labour Act of 2015 repeals any contrary provision, the Committee requested the Government to indicate whether sections 20 and 28 of Act No. 20 A/92, which impose compulsory arbitration on an array of non-essential services, had been repealed or whether these sections remained in force. The Committee notes that the Government indicates that there is indeed a contradiction between the two above-mentioned items of legislation and that the contradiction should be resolved when Act No. 20-A/92 is revised. Recalling that compulsory arbitration in the context of collective bargaining is only acceptable in relation to public servants engaged in the administration of the State (Article 6 of the Convention), essential services in the strict sense of the term (services the interruption of which would endanger the life, personal safety or health of the whole or part of the population) and in the event of an acute national crisis, the Committee expects that sections 20 and 28 of Act No. 20-A/92 will be amended rapidly and requests the Government to provide information on any progress achieved in this regard.

Articles 4 and 6. Collective bargaining of public servants not engaged in the administration of the State. The Committee recalls that for several years it has been requesting the Government to take measures to ensure that the trade union organizations of civil servants who are not engaged in the administration of the State have the right to negotiate both wages and other terms and conditions of employment with their public employers. The Committee recalls that, under Article 6 of the Convention, a distinction has to be made between, on the one hand, public servants who, through their functions, are directly engaged in the administration of the State (for example, in certain countries, officials in government ministries and other similar bodies and their auxiliary personnel), who may be excluded from the scope of application of the Convention and, on the other hand, all other persons employed by the Government, public enterprises or autonomous public institutions, who should benefit from the guarantees set out in the Convention (for example, employees in public enterprises, employees in municipal services and employees in other decentralized bodies, as well as public sector teachers). The Committee notes that the Government confines itself to indicating that the collective bargaining rights of public servants not engaged in the administration of the State are safeguarded under the General Labour Act of 2015 and Act No. 20-A/92 on the right to collective bargaining. In this regard, the Committee observes that under the terms of sections 1(1) and 2(f) of the General Labour Act, the only public employees covered by the Act are those in public enterprises and that section 2 of Act No. 20-A/92, similarly, excludes officials in the central and local State public administration from the scope of its application, as well as workers in public services not organized as enterprises. In view of the foregoing, the Committee observes that the scope of application of the laws mentioned above does not appear to cover all categories of workers considered by the Committee to be public servants not engaged in the administration of the State. In the absence of other information made available to it, the Committee requests the Government to specify the provisions under which or the collective negotiation mechanisms through which the various categories of public servants not engaged in the administration of the State can negotiate their conditions of work and employment, and to provide detailed information on the various agreements concluded with organizations of public servants and public employees. The Committee further requests the Government to ensure that its recommendations are taken into account during the revision of Act No. 20-A/92 referred to by the Government and requests it to indicate any progress in this regard.

The Committee reminds the Government that it may seek technical assistance from the Office in connection with the revision of the laws relating to the application of the Convention.

The Committee is raising other points in a request addressed directly to the Government.

Article 1 of the Convention. Adequate protection against acts of anti-union discrimination. In its previous comments, the Committee observed that while the General Labour Act No. 7/2015 does not establish specific fines penalizing acts of anti-union discrimination, section 308 provides generally that violations of the provisions of the Act and the related legislation shall be punishable by fines, the amount of which shall be fixed by a specific standard. The Committee notes that the Government confines itself to indicating that this question should be answered in the framework of the current legislative reforms (revision of the Collective Bargaining Act No. 20-A/92, the Trade Unions Act No. 21-D/92 and the Strikes Act No. 23/92). Noting that the Government does not indicate the standard to which section 308 of the General Labour Act of 2015 refers, the Committee requests the Government to ensure that the necessary legislative and regulatory measures are adopted in order to guarantee the application of sufficiently dissuasive penalties against acts of anti-union discrimination. The Committee requests the Government to provide information on any progress made in this regard.

Article 2. Adequate protection against acts of interference. The Committee noted previously that the General Labour Act of 2015 does not contain provisions specifically prohibiting acts of anti-union interference and that whereas the Trade Unions Act No. 21-D/92 prohibits obstacles to trade union activity in general terms (section 35), it does not specifically prohibit acts of interference. Regretting the absence of a reply on this point, the Committee once again requests the Government to take the necessary measures to ensure that the legislation explicitly prohibits all of the acts covered by Article 2 of the Convention and that it provides for sufficiently dissuasive penalties in this respect.

Article 4. Measures to promote collective bargaining. In its previous comments, having noted the low number of collective agreements in force, the Committee requested the Government to provide information on the measures taken to promote collective bargaining at the enterprise level or at a higher level and to indicate the number of collective agreements in force and the number of workers covered by these collective agreements. Noting that the Government’s report does not contain information in this respect, the Committee once again requests the Government to provide the requested information.

The Committee notes the Government’s first report on the application of the Work in Fishing Convention, 2007 (No. 188). Following a first review of the information and documents available, the Committee draws the Government’s attention to the following issues. If considered necessary, the Committee may come back to other matters at a later stage.

Impact of the COVID-19 pandemic. The Committee notes with deep concern the impact of the COVID-19 pandemic on the protection of fishers’ rights as laid out in the Convention. In this regard, the Committee refers to the resolution adopted by the Governing Body in its 340th Session (GB.340/Resolution) concerning maritime labour issues and COVID-19 disease, which calls on Member States to take measures to address the adverse impacts of the pandemic on fishers’ rights.

Article 2 of the Convention. Scope. Cases of doubt. The Committee notes the Government’s indication that, according to section 47 of the Aquatic Biological Resources Law, fishing is defined as either non-commercial or commercial fishing, the latter being classified as industrial, semi-industrial, or artisanal fishing. It further notes that section 48 of the General Fishing Regulation states that, in case of doubt, the Minister of Fisheries shall decide the category to be given to the fishing vessel. The Committee requests the Government to indicate whether cases of doubt have arisen as to whether any vessels are to be regarded as engaged in commercial fishing for the purposes of the Convention, and whether consultations have taken place in the procedure used for the determination of the question. The Committee further requests the Government to indicate whether the protective coverage of the provisions of the Convention which are applicable to vessels of 24 meters in length and over has been extended, in whole or in part, to fishers working on smaller vessels and provide information on the consultations which have been held in this respect.

Article 3. Scope of application. Exclusions. The Committee notes the Government’s indication that fishing vessels engaged in artisanal and semi-industrial fishing as well as fishing in inland waters are excluded from the scope of application of the rules that give effect to the Convention in Angola, and that such exclusions are justified by the length of these vessels. The Committee also notes the Government’s indication that partial application of the Convention is suggested for vessels of 20 to 23 meters in length and that the Convention is partially applied to artisanal and semi-industrial fishing vessels in relation to the minimum age and the medical certificate. The Committee requests the Government to provide information on the consultations held with the representative organizations of employers and workers concerned by the aforementioned exclusions, in particular the representative organizations of fishing vessel owners and fishers, where they exist. It further requests the Government to provide information on any measures taken to ensure equivalent protection to the excluded categories of workers, providing copies of the relevant legislation in this regard.

Article 5. Scope. Basis for measurement. The Committee notes the Government’s indication that, in accordance with the General Fishing Regulation, length overall (LOA) is the basis for measurement. The Committee recalls that under Article 5, the competent authority, after consultation, may decide to use LOA in place of length (L) as the basis for measurement, in accordance with the equivalence set out in Annex I. The Committee, therefore, requests the Government to indicate whether the use of LOA in place of L as the basis for measurement is in accordance with the equivalence set out in Annex I, and to provide information on the consultations held in this respect.

Article 6. General principles. Implementation. The Committee notes that the Government’s report does not contain a copy of any of the laws and regulations to which it makes reference. It also notes that the Government’s report contains no information on the act to be adopted by the Head of the Executive Branch, as provided in section 25(6) of the General Labour Law, with a view to establishing special conditions of employment for work on board. The Committee, therefore, requests the Government to provide detailed information on any acts adopted in accordance with the aforementioned section 25(6), as well as copies of any laws, regulations or other measures that it has adopted to fulfil its commitments under the Convention with respect to fishers and fishing vessels under its jurisdiction.

Article 8. Responsibilities of fishing vessel owners, skippers and fishers. The Committee notes that the Government refers to section 100 of the General Fisheries Regulation, which establishes the obligation borne by the skipper to observe and have observed by the persons and crews on board the relevant provisions of the Aquatic Biological Resources Act, the General Fisheries Regulation and other pertinent legislation. It also notes that section 37 of the Aquatic Biological Resources Law states that the holders of commercial fishing licenses must comply with the obligations arising from the rules of navigation and fishing, in particular the obligations relating to hygiene and safety at work. The Committee, however, observes that these provisions do not reflect the detailed requirements of Article 8 on the responsibilities of fishing vessel owners, skippers, and fishers. The Committee, therefore, requests the Government to indicate how it is ensured in national law and practice that a) the fishing vessel owner has the overall responsibility for providing the necessary resources and facilities to enable the skipper to comply with the obligations of the Convention; b) the skipper has responsibility for the safety of the fishers on board and the safe operation of the vessel; and c) the skipper is free from constraint on the part of the fishing vessel owner to take any decision that he or she deems necessary for the safety of the vessel and its safe navigation and safe operation, or the safety of the fishers on board.

Article 9(1) and (2). Minimum age. The Committee notes the Government’s indication that the minimum age, as established by section 254(4) of the General Labour Law, is 14 years old. It also notes the Government’s indication that the seafarer's document is only granted for persons over the age of 18. However, the Committee notes that the Regulation on Seafarers referred to by the Government, provides, in its section 23(2), for the granting of the certificate of physical fitness – a requirement for the maritime registration, for seafarers under 18 years old. The Committee recalls that the minimum age for work on board a fishing vessel shall be 16 years and that the competent authority may authorize a minimum age of 15 for persons who are no longer subject to compulsory schooling as provided by national legislation, and who are engaged in vocational training in fishing, or who perform light work during school holidays (Article 9(1) and (2)). The Committee, therefore, requests the Government to take the necessary measures to bring its legislation into full conformity with Article 9(1) and (2). Additionally, the Committee requests the Government to clarify whether the Regulation on Seafarers applies to all fishers engaged in commercial fishing.

Article 9(3) to (5). Minimum age. Hazardous work. The Committee notes that, according to section 256 of the General Labour Law, it is forbidden to assign minors work which, by its nature and potential risks, or by the conditions under which they are taught, is harmful to their physical, mental and moral development. It also notes that, according to the same provision, the types of work whose exercise is forbidden or conditioned to minors, as well as the conditions under which minors who have completed 16 years of age may have access to such types of work for practical professional training are established by a specific Act of the Head of the Executive Branch. The Committee requests the Government to inform whether such an act has been adopted and whether it has any provisions related to work in fishing. The Committee further requests the Government to: a) specify the activities on board fishing vessels which by their nature or the circumstances in which they are carried out are likely to jeopardize the health, safety or morals of young persons; and b) to indicate whether the persons of the age of 16 who are allowed to perform hazardous work for practical vocational training have their health, safety and morals fully protected and are required to complete basic pre-sea safety training, as required by Article 9(5).

Article 9(6). Minimum age. Night work. The Committee notes that section 259 of the General Labour Law states that minors under 16 years cannot work in the period between 20 hours of one day and 7 hours of the following day, and minors aged 16 or over can only work in the aforementioned period if strictly indispensable for their professional training. In the absence of specific information in this regard, the Committee requests the Government to confirm that the engagement of fishers under the age of 18 for work at night is prohibited and that the term “night” is defined to cover a period of at least nine hours starting no later than midnight and ending no earlier than 5 a.m. It further requests the Government to indicate whether the only exception foreseen to such restriction is for fishers aged 16 or over for whom night work is strictly indispensable for their professional training, as provided in the General Labour Law, having the competent authority determined after consultation that the night work will not have a detrimental impact on the fishers’ health or well-being.

Articles 10-13. Medical examination. The Committee notes sections 15 to 24 of the Regulation on Seafarers on the certificate of physical and mental fitness. It also notes that section 42 states that boarding is only allowed to seafarers who hold a certificate of physical and mental fitness, except for crew members of vessels registered as local vessels which are not required to have such a certificate. The Committee requests the Government to indicate whether the exemption from the certificate of physical and mental fitness for crew members of vessels registered as local vessels takes into account the safety and health of fishers, size of the vessel, availability of medical assistance and evacuation, duration of the voyage, area of operation and type of fishing operation, and to provide information on the relevant consultations required by the Convention. In this sense, it further requests the Government to provide the definition of local vessels, and to confirm that it does not encompass fishing vessels of 24 meters in length and over or which normally remain at sea more than three days. The Committee also requests the Government to give particulars of the laws, regulations or other measures providing for the nature, form, and content of medical certificates. Additionally, the Committee requests the Government to confirm that when a medical certificate expires in the course of a voyage, it remains in force until the end of that voyage.

Articles 13 and 14. Manning and hours of rest. The Committee notes that sections 3 and 4 of the Regulations on the Safe Level of Manning of Ships and Vessels provide that national vessels may not operate without having on board the crew that constitutes their safe manning level, defined as the minimum number of crew established for each ship or vessel in order to ensure the safety of navigation, crew, passengers, ship or vessel and cargo or catch, as well as the protection of the marine environment. It also notes that the Government’s report contains very little information on hours of rest. The Committee requests the Government to provide detailed information on the laws, regulations or other measures requiring owners of a fishing vessel flying the national flag to ensure that: a) their vessels are under the control of a competent skipper; and b) fishers are given regular periods of rest of sufficient length to ensure safety and health. It also requests the Government to specify: a) the minimum level of manning, i.e. the number and qualifications of fishers, which has been established for the safe navigation of vessels of 24 meters in length and over; and b) the minimum hours of rest to be provided to fishers working on vessels regardless of size that remain at sea for more than three days, as well as any temporary exceptions. Moreover, the Committee requests the Government to indicate whether under the laws and regulations in force the skipper of a fishing vessel is entitled to suspend the schedule of hours of rest and require a fisher to perform any hours of work if the immediate safety of the vessel, the persons on board, or the catch so requires, or in case assistance needs to be given to other boats, or ships or persons in distress at sea.

Article 15. Crew list. The Committee notes that the Government refers to sections 101 and 106 of the General Fishing Regulation in relation to documents on board and crew list. The Committee observes, however, that such provisions do not make specific reference to the obligation of establishing a crew list on board every fishing vessel and communicating a copy of it to authorized persons ashore. The Committee requests the Government to describe the procedures for establishing a crew list on board every fishing vessel and for communicating a copy of it to authorized persons ashore prior to or immediately after departure of the vessel. It further requests the Government to specify to whom, when and for what purpose such information is to be provided. Moreover, the Committee asks the Government to provide a specimen copy of any standard crew list form that may be in use.

Article 16. Fisher’s work agreement. Annex II. The Committee notes the Government’s reference to section 25 of the General Labour Law on work agreements on board vessels. The Committee notes, however, that some particulars required under Annex II, such as the place at which and date on which the agreement was concluded and the name of the fishing vessel or vessels and the registration number of the vessel or vessels on board which the fisher undertakes to work, are not included in the above-mentioned provisions. The Committee, therefore, requests the Government to indicate how it ensures full conformity with Article 16(b) and Annex II.

Article 17. Fisher’s work agreement. Examination of the terms, records of service and settlement of disputes. In the absence of specific information in this regard, the Committee requests the Government to indicate how it ensures that a fisher has an opportunity to review and seek advice on the terms of the fisher’s work agreement before it is concluded. It further requests the Government to give details about the laws, regulations or other measures adopted regarding the maintenance of records concerning the fisher’s work under such an agreement and the means of settling disputes in connection with the fisher’s work agreement.

Article 18. Fisher’s work agreement. Availability on board to the fisher and other concerned parties. The Committee notes the Government’s reference to section 25 of the General Labour Law on work agreements on board vessels, which provides in its item 7 that the special conditions of engagement shall be made available to the seafarers by the shipowner and posted in the crew places. The Committee requests the Government to clarify whether the fisher’s work agreement must be carried on board and be available to the fisher and, in accordance with national law and practice, to other concerned parties on request.

Article 20. Fisher’s work agreement. Signature. The Committee notes the Government’s reference to section 25 of the General Labour Law on work agreements on board vessels, which provides that work agreements shall be in writing, except when the duration of the voyage is estimated to be up to 21 days. Noting that this provision is not in conformity with the Convention, the Committee requests the Government to take the necessary measures to ensure that each fisher has a written fisher’s work agreement signed by both the fisher and the fishing vessel owner or by an authorized representative of the fishing vessel owner, regardless of the duration of the voyage. In the absence of specific information in this regard, it further requests the Government to confirm that where fishers are not employed or engaged by the fishing vessel owner, the fishing vessel owner is required to have evidence of contractual or similar arrangements.

Article 21. Repatriation. The Committee notes the Government’s reference to section 25(6) of the General Labour Law, which states that an act to be adopted by the Head of the Executive Branch with a view to establish special conditions of employment for work on board shall cover the conditions of repatriation in cases where the voyage ends in a foreign port or in a port other than that of departure. The Committee, therefore, requests the Government to indicate whether such an act has been adopted and to provide details on how it ensures full conformity with Article 21.

Article 22. Recruitment and placement. The Committee notes the Government’s reference to section 40(1) of the Regulation on Seafarers, which states that seafarers may be recruited directly by the companies or through maritime placement agencies and, under certain circumstances, by the skippers or masters of the vessels. Noting that the Government’s report does not contain information on the implementation of Article 22, the Committee requests the Government to: a) indicate whether a public service providing recruitment and placement for fishers operates in the country and, if so, specify how it is ensured that the service in question forms part of, or is coordinated with, a public employment service for all workers and employers; b) indicate whether private recruitment and placement services for fishers are authorized in the country and, if so, to give information about the system of licensing, certification or other form of regulation applicable to the operations of private recruitment and placement services for fishers, as well as on the consultations preceding the establishment or modification of such system or regulation; c) provide particulars of the national laws, regulations or other measures setting out the conditions under which private recruitment and placement services for fishers can operate, specifying in particular the conditions under which the licence, certificate or similar authorization of a private recruitment or placement service may be suspended or withdrawn in case of violation of relevant laws or regulations; and d) give particulars of the national laws, regulations or other measures prohibiting recruitment and placement services, whether public or private, from using means, mechanisms or lists intended to prevent or deter fishers from engaging for work, and also requiring that no fees or other charges for recruitment or placement be borne directly or indirectly, in whole or in part, by the fishers concerned.

Article 24. Payment of fishers. Transmission of wages to families. The Committee notes the Government’s reference to section 62(1) of the General Labour Law, which states that the employer must draft and approve work regulations in which are established the system of remuneration. Noting that the Government’s report does not contain specific information on the implementation of Article 24, the Committee requests the Government to indicate how it is ensured that all fishers working on board fishing vessels are given a means to transmit all or part of their payments received, including advances, to their families at no cost.

Articles 25–28. Accommodation and food. In the absence of specific information in this regard, the Committee requests the Government to indicate how it ensures conformity with Articles 25 to 28 and Annex III.

Articles 29 and 30. Medical care. In the absence of specific information in this regard, the Committee requests the Government to indicate how it ensures conformity with Articles 29 and 30.

Articles 31–33. Occupational safety and health and accident prevention. The Committee notes section 41(g) of the General Labour Law, which states that the employer must adopt and strictly enforce measures on occupational safety, health and hygiene as well as section 155(1)(d) and (2)(f) of the Aquatic Biological Resources Law, which states that it is the State's responsibility to adopt standards on occupational health and safety in fishing. The Committee requests the Government to provide a copy of any legislation adopted pursuant to the aforementioned provision of the Aquatic Biological Resources Law. In the absence of specific information in this regard, it further requests the Government to indicate how it ensures conformity with Articles 31 to 33.

Articles 34 and 35. Social security. The Committee notes the Government’s reference to the Social Protection Fundamental Law, which provides for social protection for domestic and foreign resident employees as well as a social protection of progressive implementation for self-employed workers. The Committee notes that, in relation to employees, section 18 provides for a) protection in the event of illness; b) protection in the event of maternity; c) protection in the event of occupational risks, occupational accidents and illnesses; d) protection in the event of disability and old age; e) protection in the event of death; f) protection in the event of unemployment; and g) compensation for family expenses. In relation to the self-employed workers, section 23 provides for benefits in the event of disability, old age, or death, as provided for employees, and there may be an option for a broad scheme of benefits contemplating the eventuality of illness and maternity and the granting of funeral allowance. The Committee requests the Government to explain in detail whether and how the Social Protection Fundamental Law covers fishers ordinarily resident in the country, and their dependants to the extent provided in national law, under conditions no less favourable than those applicable to other workers, including employed and self-employed persons, ordinarily resident in the country. In further requests the Government to indicate what steps have been taken to progressively achieve comprehensive social security protection for all fishers who are ordinarily resident in the country.

Articles 36-37. Social security. Cooperation. Regional economic integration organizations. The Committee notes the Government’s indication that the Ministry of Agriculture and Fisheries has agreements in the field of fisheries with some countries such as Brazil, Namibia, Mozambique, and Norway. The Committee requests the Government to indicate in detail whether such agreements have the purpose of progressively achieving comprehensive social security protection for fishers, taking into account the principle of equality of treatment irrespective of nationality, and of ensuring the maintenance of social security rights acquired, or in the course of being acquired, by all fishers regardless of residence. In the absence of specific information in this regard, it further requests the Government to describe any rules concerning the social security legislation to which fishers are subject that may have been determined through bilateral and multilateral agreements or through provisions adopted in the framework of regional economic integration organizations.

Articles 38 and 39. Protection in the case of work-related sickness, injury or death. The Committee notes the Government’s reference to a) Decree No. 50/05, of August 8, 2005, which establishes and regulates the protection in the event of the death of beneficiaries of the compulsory social protection regime, b) Decree No. 49/05, of August 8, 2005, which regulates the granting of the funeral allowance in the event of the death of the worker or retired person covered by compulsory social protection; and c) Decree No. 53/05, of August 15, 2005, which establishes the right to compensation for injuries resulting from occupational accidents and illnesses for employees and their families, which are covered by the mandatory social protection system, including foreign workers who work in the country. Decree No. 53/05 establishes that self-employed workers shall be protected in accordance with specific regulations and may voluntarily take out insurance in order to benefit from compensation for injuries resulting from occupational accidents and illnesses. The Committee requests the Government to explain in detail whether and how the aforementioned Decrees provide fishers, including self-employed fishers, with protection for work-related sickness, injury or death, giving particulars of the national laws, regulations or other measures which give full effect to Articles 38 and 39.

Articles 40-44. Compliance and enforcement. The Committee notes the Government’s reference to the Fisheries Inspection Regulation (Decree No. 43/05) and to section 165 of the Aquatic Biological Resources Act, which states that fishing vessels shall be subject to periodic inspections, as well as the information on the number of fines issued between 2013 and 2019 by the Ministry of Agriculture and Fisheries as a result of the inspection of fishing and aquaculture activities. The Committee requests the Government to clarify whether the Fisheries Inspection Regulation as well as the fines imposed by the Ministry of Agriculture and Fisheries as a result of the inspection of fishing activities relate specifically to inspection of living and working conditions on board fishing vessels. Furthermore, in the absence of specific information in this regard, it further requests the Government to indicate in detail how it ensures full conformity with Articles 40 to 44.

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

The Committee asks the Government to refer to the comments made under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17).

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on working time, the Committee considers it appropriate to examine Conventions No. 1 (hours of work), Nos 14 and 106 (weekly rest), and No. 89 (women’s night work), together. Following its last comments, the Committee notes that the Government provides information in its reports on the provisions of the General Labour Act of 2015 (Act No. 7/15, thereafter, the Act) implementing the Conventions.

Hours of work

Article 2(b) of Convention No. 1. Variable distribution of hours of work during the week. The Committee notes that the Act establishes that normal hours of work are limited to eight hours a day and 44 hours a week (section 95(1)). The Act allows variable distribution of working hours by collective or individual agreement (section 3(17) and (34) and section 97(2)). The Committee notes that: (i) section 95(2) allows normal weekly working hours to be increased to 54 hours in case of modulated or variable working hours; and section 95(3), which sets limits to the possible extension of daily working hours, appears to apply only to intermittent work. The Committee recalls that Article 2(b) allows regular averaging of hours of work within the limits of 48 hours per week and nine hours per day. It also requires such working-time arrangement be adopted with the sanction of the competent public authority, or by agreement between employers’ and workers’ organizations. The Committee therefore notes that the regular averaging scheme under the Act is not fully in conformity with the Convention given that: (i) the weekly limit set in section 95(2) exceeds the 48-hour limit set in the Convention; (ii) no clear limit of nine hours per day is established in this context; and (iii) regular averaging schemes can be provided for by individual agreements. The Committee therefore requests the Government to review the corresponding provisions of the Act in light of the Article 2(b). It also request the Government to provide information on the implementation of regular averaging schemes in practice.

Article 5. Variable distribution of working hours over periods longer than the week. The Committee notes that section 104 of the Act provides for special working-time arrangements whereby continuous work is performed for a maximum of four weeks followed by an equal period of rest. According to section 104(2)(e), hours of work are calculated on an annual basis, based on a 44 hours working week. In this scheme, if shift work is involved, the daily hours of work may be up to 12 hours. No daily limit is otherwise specifically set. The Committee recalls that Article 5 allows for variation of daily limit of work over periods longer than a week only in exceptional cases and such variation may be established through agreement between workers’ and employers’ organizations to which the Government may give the force of regulations. The Committee requests the Government to provide information on the circumstances in which the working-time arrangements foreseen under section 104 of the Act may be implemented.

Article 6(2). Rate of pay for overtime. The Committee notes that section 117 of the Act provides that workers of small and micro-sized enterprises shall be remunerated for overtime with an increase of the rate of normal hours of work of 20 per cent and 10 per cent respectively, whereas workers in larger enterprises get much more favourable rates (up to 75 per cent in certain cases). The Committee requests the Government to take the necessary measures to ensure compliance with Article 6(2), which requires a rate of pay for overtime not less than one and one-quarter times the regular rate, regardless of the size of the enterprise.

Weekly rest

Article 7(1) of Convention No. 106. Permanent exceptions to the normal weekly rest scheme. With reference to the scheme provided for under section 104 of the Act, as described above, the Committee recalls that Article 7(1) provides that special weekly rest schemes can only be introduced with respect to specified categories of persons or specified types of establishments covered by the Convention (commerce and offices). Further to its request under Convention No. 1 above, the Committee therefore asks the Government to specify the categories of persons or types of establishments covered by the Convention in which the working-time arrangements foreseen under section 104 of the Act may be implemented.

Article 4(1) of Convention No. 14 and Article 7(4) of Convention No. 106. Consultations with representative employers’ and workers’ organizations in case of permanent exceptions. The Committee notes that section 119 of the Act provides for the possible adoption of permanent exceptions to the normal weekly rest scheme, whereby weekly rest can be given on a day other than Sunday, in case of continuous work or for reasons of public interest or technical reasons. The same provision refers to decisions of the public authorities to determine the specific activities or establishments concerned. The Committee recalls that Article 4(1) of Convention No. 14 and Article 7(4) of Convention No. 106 provide that measures concerning permanent exceptions to weekly rest shall be adopted in consultations with representative employers’ and workers’ organizations. The Committee requests the Government to provide information on the decisions adopted in application of section 119 of the Act and the consultations held in this regard.

Women’s night work

Article 3 of Convention No. 89. Prohibition of women’s night work. The Committee notes that section 245(1)(b) of the Act prohibits women form working at night in industrial undertakings. While noting that the Act also provides for exceptions and possible derogations from this principle, the Committee recalls that that protective measures applicable to women’s employment at night which go beyond maternity protection and are based on stereotyped perceptions regarding women’s professional abilities and role in society, violate the principle of equality of opportunity and treatment between men and women (see 2018 General Survey on working-time instruments, paragraph 545). The Committee therefore invites the Government to review the provisions of section 245 of the Act in light of this principle and in consultation with the social partners. Recalling that the Convention will be open for denunciation between 27 February 2021 and 27 February 2022, the Committee encourages the Government to consider its denunciation. It also draws the Government’s attention to the Night Work Convention, 1990 (No. 171), which is not devised as a gender-specific instrument, but focuses on the protection of all those working at night.

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

Referring to its direct request made under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), the Committee asks the Government to supply additional information on the manner in which the procedure for recognition of occupational diseases operates, from the time of the medical diagnosis (Convention No. 18), and to clarify whether the pathologies listed in Appendix 1 to Decree No. 53/05 are presumed to be of occupational origin whenever the person concerned had worked in the industries and processes listed in the Schedule appended to the Convention. Please also indicate the manner in which the burden of proof applies to the recognition of occupational diseases.

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Article 1 of the Convention. Applicable legislation. The Committee notes that the Government refers to the following texts giving effect to the Convention: (i) the 2010 Constitution of the Republic of Angola; (ii) the new General Labour Act (No. 7/2015); and (iii) the Act on Merchant Shipping, Ports, and Related Activities (No. 2/00). However, the Committee notes that these texts do not include any provision on the application of Article 1 of the Convention on the measures to be taken for the marking of the weight of any package or object of 1,000 kilogrammes (one metric tonne) or more gross weight consigned within its territory for transport by sea or inland waterway. With reference to its 2007 general observation on the application of the Convention, the Committee recalls that it has requested Governments to provide information on how effect is given to the Convention in relation to modern methods of cargo handling, with particular reference to containers. In this regard, the Committee notes that Angola is a party to the International Convention for the Safety of Life at Sea (SOLAS), of which Regulation 2 of Chapter VI, which entered into force on 1 July 2016, addresses the issue of the verified gross tonnage of freight containers. The Committee requests the Government to indicate any national text implementing Regulation 2 of Chapter VI of the SOLAS Convention, which would constitute a measure contributing to the implementation of Article 1 of the Convention, and to provide a copy.

Application in general practice. The Committee requests the Government to continue providing information considered relevant on the manner in which the Convention is applied, such as, for example, on the functioning of the procedure for the pre-shipment inspection (PEI) of imported goods referred to by the Government in a previous report, or any available data on the number and nature of the violations detected by the inspection services.

Comments adopted by the CEACR: Angola

Adopted by the CEACR in 2021

C017 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C087 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C098 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C098 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C188 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C012 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C014 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Hours of work

Weekly rest

Women’s night work

C018 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C026 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C027 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Comments adopted by the CEACR: Angola

Display the list by:

Adopted by the CEACR in 2021

C017 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C029 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C100 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C105 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

Adopted by the CEACR in 2020

C081 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C087 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C098 - Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

C098 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

C188 - Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

Adopted by the CEACR in 2019

C012 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C014 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Hours of work

Weekly rest

Women’s night work

C018 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

C026 - Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2019, published 109th ILC session (2021)

C027 - Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)