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

Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) - Tunisia (Ratification: 1959)

Article 2 of the Convention. List of occupational diseases for which compensation is payable. Extension of the scope of the list of occupational diseases and poisonings which qualify for compensation. The Committee notes the information provided by the Government in reply to its previous comments concerning the updating of the list of occupational diseases and the extension of its scope to cover all possible pathological factors arising from lead or mercury poisoning and anthrax infection, including in any atypical or new forms, as prescribed by Article 2 of the Convention. The Government indicates in particular that the revision of the list of schedules of occupational diseases for which compensation is payable in Tunisia takes place every three years, the last one having been in 2017 (Order of the Minister of Social Affairs and the Minister of Health of 29 March 2018 concerning schedules of occupational diseases). The Committee notes the Government’s indication that this revision covered 20 schedules and resulted in the creation of a new schedule relating to strong inorganic acid mists containing sulphuric acid. However, the Committee observes that the list of occupational diseases still enumerates restrictively the pathological factors from lead or mercury poisoning and anthrax infection covered by the occupational disease compensation scheme, even though the Government indicates that no cases of occupational pathology due to anthrax infection have been reported since the setting up of the occupational disease compensation scheme. The Committee also notes the Government’s statement that the review of the compensation system for eligible pathologies forms part of the overall reform of the Tunisian occupational safety and health system which is under way. The Committee once again requests the Government to extend the scope of the list of occupational diseases to cover all possible pathological factors arising from lead or mercury poisoning and anthrax infection, including in any atypical or new forms, as prescribed by the Convention, and expresses the firm hope that the reform under way will result in the adoption of substantive measures.

Application of the Convention in practice . (i) Recognition for compensation purposes of occupational diseases which are not on the list. With regard to its request to facilitate ways to recognize occupational diseases which are not on the list, the Committee notes the Government’s indication that occupational diseases not recognized by the National Health Insurance Fund (CNAM) which do not appear in the schedules of occupational diseases are considered to be diseases of an occupational nature, with doctors obliged to report them stating the nature of the toxic agent to whose action the disease is attributed and the occupation of the patient, so that the authorities can take them into account the next time the list of occupational diseases is revised. The Committee requests the Government to indicate whether workers who have contracted an occupational disease not recognized by the CNAM but whose occupational nature has been established by a doctor, and also, where applicable, their dependants, are entitled to compensation on the same terms as other victims of occupational diseases recognized by the CNAM. If not, the Committee requests the Government to provide statistical information on the number of workers poisoned by substances on the list appended to the Convention who have contracted occupational diseases not on the list but who have not been entitled to compensation.

(ii) Establishment of a procedure for the recognition of occupational diseases for compensation purposes. With regard to the establishment of a procedure for the recognition of occupational diseases, as the Committee had suggested to the Government as an alternative to expanding the list of occupational diseases, the Committee notes the Government’s indication that a proposal to this end will be discussed at the Ministry of Social Affairs with the social partners in the very near future. The Committee welcomes this information and hopes that the social dialogue process announced by the Government will result in better protection of victims in cases of occupational disease. In this regard, the Committee invites the Government to establish a procedure for the recognition of occupational diseases which are not on the CNAM list, in order to ensure that the victims of these diseases receive compensation, and requests the Government to provide information on any measures taken or contemplated in this respect.

While noting this information, the Committee recalls that it has been advised that, on the basis of the recommendations of the Standards Review Mechanism Tripartite Working Group (SRM Tripartite Working Group), the Governing Body decided that the member States for which Convention No.18 is in force should be encouraged to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), which is more recent, or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting the obligations of its Part VI (GB.328/LILS/2/1). Part VI of Convention No. 102 and Convention No. 121 reflect the modern approach with respect to employment injury benefit. The Committee therefore encourages the Government to follow up the decision adopted by the Governing Body 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 these represent the most up-to-date instruments in this subject area.