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

Dominica

Workmen's Compensation (Agriculture) Convention, 1921 (No. 12) (Ratification: 1983)
Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) (Ratification: 1983)

The Committee notes with deep concern that the Government’s reports on Convention No. 12, due since 2014, and on Convention No. 19, due since 2012, have not been received. In light of its urgent appeal launched to the Government in 2019, the Committee proceeds with the examination of the application of Conventions Nos 12 and 19 on the basis of the information at its disposal.

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) and 19 (equality of treatment) together.

Article 1 of Convention No. 19. Equality of treatment. In its previous comments, the Committee noted the Government’s indication that all employed persons, irrespective of their nationality, receive equal treatment in respect of employment injury benefits provided by the Social Security Act of 1975 (Chapter 31:01). The Committee noted however, that by virtue of section 51 of the Social Security Act, the Government may modify or adapt the provisions of the Act to give effect to international agreements providing for reciprocity in matters of social security. In this regard, the Committee recalls that, in accordance with Article 1 of the Convention, workers from countries party to Convention No. 19, as well as their dependants, need to be granted the same treatment as nationals in respect of occupational accidents, irrespective of the existence of reciprocity agreements to this effect with their country of origin. The Committee therefore requests the Government to confirm that the Social Security Act of 1975 is applied in such a way so as to ensure equality of treatment in respect of employment injury benefits for workers from countries party to Convention No. 19, as well as their dependants with a view to giving full effect to Article 1 of the Convention. The Committee further requests the Government to indicate whether the provisions of the Social Security Act of 1975 by virtue of its section 51 have been modified or adapted pursuant to international agreements providing for reciprocity in matters of employment injury benefits.

Article 1(2) of Convention No. 19. Payment of benefits abroad. In its previous comments, the Committee requested the Government to provide information on the application of the provisions of the Social Security Act of 1975 in cases where victims of industrial accidents or their dependents reside outside Dominica. The Committee observes that Dominica is a party to the Caribbean Community (CARICOM) Agreement on Social Security of 1996, which provides for the maintenance of acquired social security rights, including in respect of employment injury benefits, and of rights in the course of acquisition for the nationals of its Contracting Parties when they change the place of residence. The Committee recalls that according to Article 1(2) of the Convention, in the application of the principle of equality of treatment the payment of worker's compensation outside the Member's territory shall be regulated, if necessary, by special arrangements between the countries parties to Convention No. 19. The Committee therefore requests the Government to provide information on any special arrangements on the payment of employment injury benefits abroad which may have been made with other Member states, not party to the (CARICOM) Agreement on Social Security. In case of the absence of such special arrangements, the Committee requests the Government to indicate whether employment injury benefits may be paid to persons having suffered industrial accidents or their dependants who reside in the Member states party to Convention No. 19: (a) in the case of Dominican nationals; and (b) in the case of foreign workers.

Application of Conventions Nos 12 and 19 in practice. (i) Number of workers covered and number of benefits awarded out of total number of employment injuries. In relation to its previous comments concerning the application of Conventions Nos 12 and 19 in practice, the Committee observes from the 2017 Annual report of the Dominica Social Security (DSS) Fund that 245 foreign workers, originating mainly from Haiti, Colombia, the Dominican Republic, Cuba, Antigua and Barbuda, and Saint Lucia, were registered within the DSS in 2017. The Committee also observes from the 2017 Annual report of the DSS that in 2017, there were 2 cases of employment injury benefits awarded in the sectors of agriculture, hunting and forestry, whereas the total number of employment injury benefit awards was 113 across all types of economic activities. The Committee requests the Government to provide statistical data on the total number of workers employed in agriculture and the number of occupational accidents reported and compensated in agriculture. The Committee also requests the Government to provide statistical data on the number and nature of the accidents reported and compensated in the case of foreign workers, across all sectors of economic activity, as well as the total number of foreign workers in Dominica, their nationality and occupational distribution.

(ii) Inspection services. Concerning the organization and functioning of inspection services as regards industrial accidents, the Committee observes from the information available on the website of the DSS that by virtue of section 12 of the Social Security Act of 1975, social security inspectors may visit any place where persons are employed, and conduct appropriate investigations. The Committee requests the Government to provide information on the number of inspection visits and violations detected by social security inspectors, and to supply the extracts from the reports of the inspection service, if available. The Committee also refers the Government to its comments under the Labour Inspection Convention, 1947 (No. 81), with respect to the number and conditions of service of labour inspection staff, frequency of labour inspection visits as well as data collection and reporting.