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

Guinea-Bissau

Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) (Ratification: 1977)
Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) (Ratification: 1977)
Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) (Ratification: 1977)

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

Article 1 of Convention No. 12. Scope of coverage. With regard to its previous comments concerning the need to ensure effective equality of treatment of agricultural wage earners with other workers in respect of occupational accidents, the Committee takes due note of the information provided by the Government that agricultural workers are covered for work accidents and occupational diseases, under Decree No. 6/80 of 1980, which approves the Regulations of Decree No. 4/80 of 1980 on mandatory insurance for work accidents and occupational diseases, in the same manner as other workers. The Committee requests the Government to provide a general appreciation of the manner in which Convention No. 12 is effectively applied, including extracts from the reports of the inspection services, and information on the number of workers covered and injuries reported in the agriculture sector.

Article 1 of Convention No. 18. Scope of coverage. (i) Workers in the informal economy. In its previous comments, the Committee hoped that the Government would progress in the implementation of the non-contributory social security scheme in accordance with Act No. 4/2007 through the adoption of new regulations, to enable workers in the informal economy to benefit from compensation in cases of occupational accident or disease. The Committee notes the indication by the Government in its report that this scheme, referred to as the “citizen benefit” is facing serious problems as regards funding and sustainability due to weak administrative capacities. The Government also provides information on the implementation of the voluntary scheme through the entry into force of the Regulations on voluntary contributions to the social security system, pursuant to Decree No. 6 of 2012, which gives the possibility to workers in the informal economy to affiliate themselves with the social security system. The Committee notes with interest that, according to the Government, the implementation of these provisions has resulted in the extension of the protection provided in case of employment injury to an additional number of workers including, notably, women working in the informal economy. The Committee requests the Government to provide information on the modalities governing the voluntary affiliation of workers and the financing of benefits pursuant to Decree No. 6 of 2012 and on the measures taken for its effective implementation, together with a copy of the Decree. The Committee further requests the Government to provide statistical information on the number of workers who have registered with the social security system on a voluntary basis. With regard to the protection of workers in the informal economy who are not affiliated with the social security system against occupational diseases, the Committee hopes that the Government will take the necessary measures to implement the “citizen benefit” pursuant to Chapter V of Act No. 4 of 2007 and requests the Government to keep it informed of progress made in this regard.

(ii) Coverage of public servants. As regards its previous comments in which it requested the Government to take the necessary measures to ensure that public servants were covered by the social protection system, and thereby protected in case of work accident and occupational disease, the Committee notes the indication provided by the Government that, despite the weakness of the system, some progress has been achieved. The Government refers, in this regard, to improvements in the strategic planning and governance of social protection institutions, which have led to the creation of a body responsible for the administration of the pension fund of public servants. The Committee hopes that progress will also be made in the area of employment injury protection and requests the Government to take the necessary measures to ensure that public servants are compensated in case of occupational diseases, in application of Article 1 of Convention No. 18.

Article 2 of Convention No. 18. List of occupational diseases. With reference to its previous comments concerning the completion of the process for adopting a list of occupational diseases including at least the diseases recognized under Convention No. 18, the Committee notes the Government’s indication that there has been some progress with implementation. According to the Government, a bill on occupational safety and health has been drawn up by the Directorate of Labour, Employment and Vocational Training and will be submitted to the Council of Ministers in due course. In addition, the Government indicates that the National Insurance and Social Security Institute has been requested to proceed with the revision of Decree No. 4/80 of 9 February 1980 for the inclusion of a list of occupational diseases. The Committee requests the Government to ensure that a national list of occupational diseases is adopted without delay, including at least the diseases and poisonings produced by the substances set forth in the Schedule appended to Article 2 of Convention No. 18.

Application of Conventions Nos. 12 and 18 in practice. It its previous comments, the Committee noted that the priorities of the Decent Work Programme 2012–15 of Guinea-Bissau included among other the strengthening and expansion of the social protection system, particularly for women and workers in the informal economy, and hoped that the measures envisaged by the Government would provide the means to overcome the difficulties it was facing. In reply, the Government indicates that structural issues are still present, which hampers the ability of the State to give full effect to the Convention. The Committee takes note, in particular, of the financial and economic difficulties indicated by the Government, which prevent the proper functioning of the social security system in its entirety. The Committee also takes note of the indication by the Government of a lack of capacity in statistical data collection. The Committee hopes that the Government will be in a position to indicate progress in the application of the Conventions by tackling the above-mentioned issues and reminds the Government of the possibility to avail itself of ILO technical assistance in this regard.

Article 1 of Convention No. 19. System of automatic reciprocity laid down by the Convention. The Committee notes the reply provided by the Government in response to its previous comments requesting the implementation by the Government of the system of automatic reciprocity laid down by the Convention for foreign workers of all countries party to the Convention. The Committee notes, in particular, the Government’s indication that it welcomes the Committee’s suggestion to modify section 3 of Decree No. 4/80 of 1980 and section 5 of Legislative Decree No. 5/86 of 1986 for this purpose, while observing that no concrete measures have yet been taken to this effect. The Committee thus requests once again the Government to take the necessary measures to give full effect to Convention No. 19 by ensuring the equality of treatment for foreign workers of all countries party to the Convention in respect of workers’ compensation. In this view, the Committee reiterates its suggestion to the Government to consider replacing the phrase “subject to reciprocity” contained in section 3 of Decree No. 4/80 and section 5 of Legislative Decree No. 5/86 by the phrase “subject to the existence of a reciprocity agreement,” on the understanding that Convention No. 19 would be considered such an agreement.

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 Convention No. 18 is in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) or to ratify the Social Security (Minimum Standards) Convention, 1952 (No. 102) and accept the obligations in its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 (Part VI) 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. 102 or Convention No. 121 as the most up-to-date instruments in this subject area.