Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Comoros (Ratification: 1978)

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

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

Repetition

The Committee notes that ever since Comoros ratified the Convention in 1978, it has had to draw the Government’s attention to the need to amend the content of section 29 of Decree No. 57-245 of 24 February 1957 on the compensation and prevention of occupational accidents and diseases. Pursuant to this provision, foreign victims of occupational accidents who have moved abroad receive as compensation only a lump sum equal to three times the amount of the periodical payment granted to them, whereas nationals continue to receive their periodical payments. Foreign dependants no longer residing in Comoros only receive a lump sum not exceeding the value of the periodical payment established by order. Finally, the dependants of a foreign worker employed in Comoros are not entitled to any periodical payments if they did not reside in the country at the time of the worker’s accident.

In its latest report, as in those sent since 1997, the Government states that in practice no distinction is made between national and foreign workers in respect of their treatment in terms of occupational accident compensation. It states that foreign workers continue to receive their cash benefits abroad provided that they give their new address. The Government’s report does not however indicate the progress made in respect of the draft text which, according to the information sent by the Government in its previous reports, should repeal the provisions of Decree No. 57 245 which are inconsistent with the Convention.

Consequently, the Committee trusts that the Government will take adequate measures, without delay, to bring the national legislation fully into line with the Convention, which provides that foreign nationals of States which have ratified the Convention, and their dependants, shall receive the same treatment as that guaranteed to nationals in respect of compensation for occupational accidents.

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

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

Repetition

The Committee notes that ever since Comoros ratified the Convention in 1978, it has had to draw the Government’s attention to the need to amend the content of section 29 of Decree No. 57-245 of 24 February 1957 on the compensation and prevention of occupational accidents and diseases. Pursuant to this provision, foreign victims of occupational accidents who have moved abroad receive as compensation only a lump sum equal to three times the amount of the periodical payment granted to them, whereas nationals continue to receive their periodical payments. Foreign dependants no longer residing in Comoros only receive a lump sum not exceeding the value of the periodical payment established by order. Finally, the dependants of a foreign worker employed in Comoros are not entitled to any periodical payments if they did not reside in the country at the time of the worker’s accident.

In its latest report, as in those sent since 1997, the Government states that in practice no distinction is made between national and foreign workers in respect of their treatment in terms of occupational accident compensation. It states that foreign workers continue to receive their cash benefits abroad provided that they give their new address. The Government’s report does not however indicate the progress made in respect of the draft text which, according to the information sent by the Government in its previous reports, should repeal the provisions of Decree No. 57 245 which are inconsistent with the Convention.

Consequently, the Committee trusts that the Government will take adequate measures, without delay, to bring the national legislation fully into line with the Convention, which provides that foreign nationals of States which have ratified the Convention, and their dependants, shall receive the same treatment as that guaranteed to nationals in respect of compensation for occupational accidents.

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

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

The Committee notes that the Government’s report does not reply to the questions raised in its previous comments. It must therefore repeat its previous comments.

Repetition

The Committee notes that ever since Comoros ratified the Convention in 1978, it has had to draw the Government’s attention to the need to amend the content of section 29 of Decree No. 57-245 of 24 February 1957 on the compensation and prevention of occupational accidents and diseases. Pursuant to this provision, foreign victims of occupational accidents who have moved abroad receive as compensation only a lump sum equal to three times the amount of the periodical payment granted to them, whereas nationals continue to receive their periodical payments. Foreign dependants no longer residing in Comoros only receive a lump sum not exceeding the value of the periodical payment established by order. Finally, the dependants of a foreign worker employed in Comoros are not entitled to any periodical payments if they did not reside in the country at the time of the worker’s accident.

In its latest report, as in those sent since 1997, the Government states that in practice no distinction is made between national and foreign workers in respect of their treatment in terms of occupational accident compensation. It states that foreign workers continue to receive their cash benefits abroad provided that they give their new address. The Government’s report does not however indicate the progress made in respect of the draft text which, according to the information sent by the Government in its previous reports, should repeal the provisions of Decree No. 57 245 which are inconsistent with the Convention.

Consequently, the Committee trusts that the Government will take adequate measures, without delay, to bring the national legislation fully into line with the Convention, which provides that foreign nationals of States which have ratified the Convention, and their dependants, shall receive the same treatment as that guaranteed to nationals in respect of compensation for occupational accidents.

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

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

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

Repetition

The Committee notes that ever since Comoros ratified the Convention in 1978, it has had to draw the Government’s attention to the need to amend the content of section 29 of Decree No. 57-245 of 24 February 1957 on the compensation and prevention of occupational accidents and diseases. Pursuant to this provision, foreign victims of occupational accidents who have moved abroad receive as compensation only a lump sum equal to three times the amount of the periodical payment granted to them, whereas nationals continue to receive their periodical payments. Foreign dependants no longer residing in Comoros only receive a lump sum not exceeding the value of the periodical payment established by order. Finally, the dependants of a foreign worker employed in Comoros are not entitled to any periodical payments if they did not reside in the country at the time of the worker’s accident.

In its latest report, as in those sent since 1997, the Government states that in practice, no distinction is made between national and foreign workers in respect of their treatment in terms of occupational accident compensation. It states that foreign workers continue to receive their cash benefits abroad provided that they give their new address. The Government’s report does not however indicate the progress made in respect of the draft text which, according to the information sent by the Government in its previous reports, should repeal the provisions of Decree No. 57 245 which are inconsistent with the Convention.

Consequently, the Committee trusts that the Government will take adequate measures, without delay, to bring the national legislation fully into line with the Convention, which provides that foreign nationals of States which have ratified the Convention, and their dependants, shall receive the same treatment as that guaranteed to nationals in respect of compensation for occupational accidents.

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

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

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

Repetition

The Committee notes that ever since Comoros ratified the Convention in 1978, it has had to draw the Government’s attention to the need to amend the content of section 29 of Decree No. 57-245 of 24 February 1957 on the compensation and prevention of occupational accidents and diseases. Pursuant to this provision, foreign victims of occupational accidents who have moved abroad receive as compensation only a lump sum equal to three times the amount of the periodical payment granted to them, whereas nationals continue to receive their periodical payments. Foreign dependants no longer residing in Comoros only receive a lump sum not exceeding the value of the periodical payment established by order. Finally, the dependants of a foreign worker employed in Comoros are not entitled to any periodical payments if they did not reside in the country at the time of the worker’s accident.

In its latest report, as in those sent since 1997, the Government states that in practice, no distinction is made between national and foreign workers in respect of their treatment in terms of occupational accident compensation. It states that foreign workers continue to receive their cash benefits abroad provided that they give their new address. The Government’s report does not however indicate the progress made in respect of the draft text which, according to the information sent by the Government in its previous reports, should repeal the provisions of Decree No. 57 245 which are inconsistent with the Convention.

Consequently, the Committee trusts that the Government will take adequate measures, without delay, to bring the national legislation fully into line with the Convention, which provides that foreign nationals of States which have ratified the Convention, and their dependants, shall receive the same treatment as that guaranteed to nationals in respect of compensation for occupational accidents.

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

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

The Committee notes that ever since Comoros ratified the Convention in 1978, it has had to draw the Government’s attention to the need to amend the content of section 29 of Decree No. 57-245 of 24 February 1957 on the compensation and prevention of occupational accidents and diseases. Pursuant to this provision, foreign victims of occupational accidents who have moved abroad receive as compensation only a lump sum equal to three times the amount of the periodical payment granted to them, whereas nationals continue to receive their periodical payments. Foreign dependants no longer residing in Comoros only receive a lump sum not exceeding the value of the periodical payment established by order. Finally, the dependants of a foreign worker employed in Comoros are not entitled to any periodical payments if they did not reside in the country at the time of the worker’s accident.

In its latest report, as in those sent since 1997, the Government states that in practice, no distinction is made between national and foreign workers in respect of their treatment in terms of occupational accident compensation. It states that foreign workers continue to receive their cash benefits abroad provided that they give their new address. The Government’s report does not however indicate the progress made in respect of the draft text which, according to the information sent by the Government in its previous reports, should repeal the provisions of Decree No. 57-245 which are inconsistent with the Convention.

Consequently, the Committee trusts that the Government will take adequate measures, without delay, to bring the national legislation fully into line with the Convention, which provides that foreign nationals of States which have ratified the Convention, and their dependants, shall receive the same treatment as that guaranteed to nationals in respect of compensation for occupational accidents.

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

Article 1, paragraph 2, of the Convention.  In its previous comments, the Committee drew the Government’s attention to the provisions of section 29 of Decree No. 57-245 of 24 February 1957 respecting the compensation and prevention of occupational accidents and diseases which, in contravention to this provision of the Convention, allows the reduction or, even in some cases, the suppression of entitlement to compensation in the event of an employment accident in the case of foreign workers or their dependants living abroad. In its last report, the Government indicates that at the meeting of the Higher Labour and Employment Council in September 2001, it submitted several draft texts under the Labour Code, which were favourably received by the social partners. Furthermore, a draft text repealing Decree No. 57-245 above will soon be prepared in collaboration with the social partners, taking into account the provisions of the Convention. The Committee notes this information. It trusts that the Government will not fail to take all the necessary measures, either to amend the provisions of section 29 of Decree No. 57-245 referred to above, or to adopt new legislation on occupational injury compensation, so as to give effect to this provision of the Convention, which provides for equality of treatment in respect of compensation for employment accidents for foreign workers who are nationals of a country bound by the Convention and its own nationals without any condition of residence.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

The Committee notes the information contained in the Government's report, particularly in regard to the financial difficulties encountered in ensuring operation of the Higher Labour Council whose opinion is necessary for adopting the regulations implementing the 1984 Labour Code. It has also noted the Government's statement to the effect that, in practice, no distinction between national and foreign workers has been recorded and that, in the event of their departure, the latter can receive their occupational accident compensation in the country where they are living provided that they give their new address. The Committee however reminds the Government that section 29 of Decree No. 57-245 of 24 February 1957 on compensation and prevention of occupational accidents and diseases allows, in contravention of Article 1(2) of the Convention, the reduction or even in some cases suppression of rights to compensation resulting from an occupational accident for foreign workers or their beneficiaries living abroad. The Committee therefore hopes that the Government will take the necessary measures in the near future to amend the above-mentioned legislation in order to ensure full application of the Convention in legislation as well as in practice.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes the information contained in the Government's report, including reference to the current political situation. The Committee also notes the Government's statement that the regulations for implementation of the Labour Code of 1984 will soon be adopted and will give full effect to the Convention. The Committee recalls in this respect that section 29 of Decree No. 57-245 of 24 February 1957 concerning compensation for industrial accidents and occupational diseases restricts and, in certain cases, eliminates entitlements to compensation for industrial accidents only with regard to foreign workers or their dependents in case of residence abroad, contrary to Article 1, paragraph 2, of the Convention. The Committee would appreciate clarification on how the proposed implementing regulations of the Labour Code will give full effect to the Convention, as there does not appear to be any provision for payment of compensation to injured workers in the Labour Code of 1984, and the Government has made no mention of any proposal to amend section 29 of Decree No. 57-245. The Committee hopes that in its next report the Government will be able to indicate the progress made in giving full effect to the requirements of the Convention.

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

The Committee notes the information contained in the Government's report, including reference to the current political situation. The Committee also notes the Government's statement that the regulations for implementation of the Labour Code of 1984 will soon be adopted and will give full effect to the Convention. The Committee recalls in this respect that section 29 of Decree No. 57-245 of 24 February 1957 concerning compensation for industrial accidents and occupational diseases restricts and, in certain cases, eliminates entitlements to compensation for industrial accidents only with regard to foreign workers or their dependents in case of residence abroad, contrary to Article 1, paragraph 2, of the Convention. The Committee would appreciate clarification on how the proposed implementing regulations of the Labour Code will give full effect to the Convention, as there does not appear to be any provision for payment of compensation to injured workers in the Labour Code of 1984, and the Government has made no mention of any proposal to amend section 29 of Decree No. 57-245. The Committee hopes that in its next report the Government will be able to indicate the progress made in giving full effect to the requirements of the Convention.

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

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

With reference to its previous comments, the Committee notes from the information contained in the Government's report that section 29 of Decree No. 57-245 of 24 February 1957 concerning compensation for industrial accidents and occupational diseases has still not been amended. It recalls that section 29 of the above Decree restricts, and in certain cases, abolishes entitlements to compensation for industrial accidents only for foreign workers or their dependants in the event of residence abroad, contrary to Article 1, paragraph 2, of the Convention, which stipulates that equality of treatment in respect of compensation for industrial accidents must be guaranteed to foreign workers and their dependants without any condition as to residence. The Committee hopes that the Government will be able to indicate in its next report the measures taken to amend the above-mentioned legislation, in accordance with its assurances, in order to give full effect to the Convention on this point.

Furthermore, the Committee would be grateful if the Government would provide, as soon as they are adopted, the texts implementing the Labour Code of 1984 which, according to the Government, are to give full effect to the provisions of the Convention.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

With reference to its previous comments, the Committee notes from the information contained in the Government's report that section 29 of Decree No. 57-245 of 24 February 1957 concerning compensation for industrial accidents and occupational diseases has still not been amended. It recalls that section 29 of the above Decree restricts, and in certain cases, abolishes entitlements to compensation for industrial accidents only for foreign workers or their dependants in the event of residence abroad, contrary to Article 1, paragraph 2, of the Convention, which stipulates that equality of treatment in respect of compensation for industrial accidents must be guaranteed to foreign workers and their dependants without any condition as to residence. The Committee hopes that the Government will be able to indicate in its next report the measures taken to amend the above-mentioned legislation, in accordance with its assurances, in order to give full effect to the Convention on this point.

Furthermore, the Committee would be grateful if the Government would provide, as soon as they are adopted, the texts implementing the Labour Code of 1984 which, according to the Government, are to give full effect to the provisions of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

The Committee notes that the Government has no changes to point out since its last report. However, it notes that the texts to give effect to the 1984 Labour Code are currently being prepared and will be transmitted to the ILO as soon as they are enacted. The Committee hopes that, while drafting the above texts, the Government will give full effect to the provisions of the Convention referred to in its previous comments.

1. Article 1, paragraph 2, of the Convention. The Committee noted that the Government proposed to amend section 29 of Decree No. 57-245 of 24 February 1957 concerning compensation for industrial accidents and occupational diseases, in order to give effect to this provision of the Convention, which stipulates that equality of treatment in respect of compensation for industrial accidents must be guaranteed to foreign workers and their dependents without any condition as to residence. The Committee would like to know what progress has been made in this respect.

2. Article 2. The Committee noted that though no special agreements had been concluded with other bodies or States in accordance with this provision of the Convention, the workers referred to in this Article are covered by the national legislation while working in the country, even if only temporarily as permitted by this provision of the Convention.