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

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Angola (Ratification: 1976)

Article 1 of the Convention. With reference to previous comments, the Government states in its report that the regulations for Act No. 18/90 of 27 October 1990, respecting the social security system, have not yet been adopted. The Committee notes this information. It recalls that under section 4(1), Act No. 18/90 is applicable to foreign workers in Angola in the cases covered by the legislation or international agreements. The Committee once again points out that Article 1 requires equality of treatment for victims of industrial accidents or their dependants who are nationals of a State which has ratified the Convention, without any condition of residence and irrespective of the conclusion of any reciprocity agreement.

Article 2 of the Convention. In previous comments, the Committee has noted that under section 6 of Act No. 18/90, the obligation to be insured under the social security scheme established by the Act does not apply to foreigners who are covered by a social security scheme of another country. The Committee again recalls that any measures taken to avoid an accumulation of insurances, which appears to be the objective of section 6 of Act No. 18/90, are only compatible with the Convention when they are not linked to the nationality of the workers concerned. It reminds the Government of the possibility provided for under Article 2 of the Convention which specifies that a "special agreement may be made between the Members concerned to provide that compensation for industrial accidents happening to workers whilst temporarily or intermittently employed in the territory of one Member on behalf of an undertaking situated in the territory of another Member shall be governed by the laws and regulations of the latter Member".

The Committee recalls that section 58 of Act No. 18/90 provides for the adoption by the Council of Ministers of regulations concerning compensation for industrial accidents and occupational diseases. It once again expresses the hope that these regulations will be adopted soon and will contain provisions giving full effect to the Convention, particularly regarding the above-mentioned points.