Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) - Central African Republic (Ratification: 1964)

In its previous comments, the Committee recalled that, since the Convention came into force for the Central African Republic, it has been noting that the schedule of occupational diseases annexed to Ordinance No. 59/60 of 20 April 1959 does not give effect to the Convention. It has therefore drawn the Government’s attention to the need to amend the above schedule, firstly by eliminating the limitative nature of the list of pathological manifestations which may be caused by lead and mercury poisoning and, secondly, by adding, among the kinds of work which may lead to anthrax infection, the operations of “loading and unloading or transport of merchandise” in general, in accordance with Article 2 of the Convention. The Committee recalls in this respect that in its report in 1980 the Government already referred to the adoption of a draft decree prepared following a direct contacts mission between a representative of the Director-General of the ILO and the competent national services with a view to bringing the legislation into conformity with the Convention. It also recalls that the Conference Committee indicated its concern in 1981 and 1983 at the absence of progress in the adoption of the above draft decree.

In its last report, the Government indicates, as in its previous reports, that the occupational disease branch is not yet covered and that it does not have precise information on the manner in which occupational diseases are compensated, as their coverage is established through collective agreements.

While taking due note of this information, the Committee once again expresses concern at the continued failure to establish an occupational disease branch in the country based on the general principles of the national legislation relating to compensation for industrial accidents. It notes that the Government makes no mention in its report of Ordinance No. 59/60 of 20 April 1959, whereas since the entry into force of this Convention for the Central African Republic, it had always referred to this text as being the legislation giving effect to the Convention in view of the absence of the schedule of occupational diseases which was to be established in accordance with Act No. 65/66 of 24 June 1965 establishing the scheme for the compensation and prevention of employment accidents and occupational diseases. The Committee recalls that, by ratifying the Convention, the Government undertook, firstly, to ensure that compensation shall be payable to workmen incapacitated by occupational diseases or to their dependants in accordance with the general principles of the national legislation relating to compensation for industrial accidents, in accordance with Article 1 of the Convention and, secondly, to consider as occupational diseases those diseases and poisonings produced by the substances set forth in the Schedule appended to the Convention, in accordance with Article 2. Under these conditions, the Committee trusts that the Government will not fail to clarify this situation by specifying in its next report the texts governing occupational diseases and those establishing the schedule of diseases recognized as being occupational in origin; if the Ordinance of 1959 referred to above is still applicable, the Committee once again urges the Government to take the necessary measures to amend the schedule of occupational diseases appended to Ordinance No. 59/60, taking into account the comments made above. Please also provide information, in accordance with Part V of the report form, on the activities of the labour inspectorate relating to occupational diseases.