Workmen's Compensation (Occupational Diseases) Convention, 1925 (No. 18) - Angola (Ratification: 1976)

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

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), 17 (industrial accidents), 18 (occupational diseases), and 19 (equality of treatment) together.

The Committee notes the observations of the National Union of Angolan Workers (UNTA) on the application of Convention No. 18, received on 30 August 2019.

Article 1 of Conventions Nos 12, 17, and 18. Operationalization of the employment injury compensation scheme. In its previous comments, the Committee noted that a number of elements foreseen in the Decree No. 53/05 of 15 August 2005 issuing legal provisions concerning industrial accidents and occupational diseases (Decree No. 53/05) had not materialized yet due to the fact that the necessary implementing regulations had not yet been adopted. In particular, the Committee noted that the National Commission for the Assessment of Occupational Disability (CNAIL) had not yet been established and that the indispensable tables for the medical and mathematical assessment of incapacity had not been updated. In addition, the Committee requested the Government to provide information on the establishment of the Employment Accident and Occupational Disease Pension Adjustment Fund (FUNDAP) responsible for updating the amounts of compensations pursuant to section 42 of Decree No. 53/05. The Committee thus requested the Government to adopt the necessary pieces of legislation so as to operationalize the employment injury compensation scheme, with a view to give effect to Article 1 of Conventions Nos 12, 17 and 18. In the absence of information in the Government’s report on the measures taken to this effect, the Committee requests the Government to indicate whether (i) the CNAIL has been established, (ii) the tables for the medical and mathematical assessment of incapacity for work have been updated, (iii) the FUNDAP has been established, and to provide information on any measure taken in this regard. The Committee recalls that the Government can avail itself of the technical assistance of the ILO in this regard.

Articles 2 and 3 of Convention No. 17. Public servants and employees of the public administration. In its previous comments, the Committee requested the Government to indicate whether any specific legislation had been adopted in respect of public servants and employees of the public administration. The Committee notes the absence of information in the Government’s report on this point. The Committee observes that, although public servants and employees of the public administration are excluded from the scope of coverage of Decree No. 53/05 pursuant to its section 2(a), section 57 of the Decree provides for their coverage, with certain adaptations, as long as there is no other scheme in place ensuring their protection. The Committee further observes from the information contained in the database of the International Social Security Association (ISSA), “Social Security Programs Throughout the World, 2019” concerning employment injury benefits that a separate system for public-sector employees has not yet been implemented.

The Committee requests the Government to provide information on the provisions governing the coverage of public servants and employees of the public administration for employment injury compensation and to indicate, in particular, whether they continue to be covered by Decree No. 53/05 and whether by virtue of its section 57, any adaptations of the provisions of the Decree have been made with respect to public servants and employees of the public administration. The Committee further requests the Government to provide information on any measures taken or envisaged to establish a separate scheme or specific legislative provisions for the compensation of public servants and employees of the public administration in case of employment injury.

Article 7 of Convention No. 17. Additional compensation for constant help of another person. The Committee previously requested the Government to provide information on the manner in which national law guarantees that beneficiaries of employment injury benefits were provided with additional financial assistance when their condition required the assistance of a third person. In its reply, the Government indicates that as per section 32 of Decree No. 53/05, in case of total and permanent incapacity for work, an allowance for each dependent family member is paid in addition to the monthly pension equal to 80 per cent of the respective reference salary. While taking note of this information, the Committee recalls that Article 7 of the Convention requires the payment of additional compensation in all cases where the injury results in incapacity of such a nature that the injured workers must have the constant help of another person. The Committee therefore requests the Government to ensure that all injured workers, including those with partial permanent or temporary incapacity, are provided with additional compensation when the constant help of another person is required and to provide information on the measures taken to this effect.

Article 8 of Convention No. 17. Supervision and revision of periodical payments. In its previous comments, the Committee requested the Government to indicate the measures taken to allow for the supervision and revision of periodical payments in view of the degree of disability of victims of work-related injury. The Committee takes note of the indication by the Government that, according to section 41(2) and (3) of Decree No. 53/05, pensions may be reviewed as a matter of regular procedure or at the request of the beneficiary and that such reviews may be requested at any time, except during the first year, where they may be requested only once and after the first six months.

Application of Conventions Nos 17 and 18 in practice. Strengthening of enforcement and compliance measures. Further to its previous request, the Committee notes that according to the statistical data provided by the Government, in 2019, 4 072 people were declared eligible for occupational injury benefits. The Government further indicates that the General Labour Inspectorate (IGT) is responsible for receiving and analysing industrial accident and occupational disease notifications pursuant to section 6(4)(e) of the Presidential Decree No. 79/15 of 13 April 2015. The Committee notes, however, the allegations of the UNTA, pointing to an increase in fatal employment accidents, in particular in the construction and health sectors, due to the lack of work equipment and safety measures. The UNTA further indicates that many workers who are victims of occupational accidents do not benefit from due protection as a result of the shortage of personnel in the labour inspectorate and high level of corruption.

In this connection, the Committee observes that a cooperation agreement between the IGT and the Insurance Regulation and Supervision Agency (ARSEG) was concluded on 5 August 2020. One of the objectives of the agreement is to implement Decree No. 53/05 by increasing the number of labour inspections to ensure coverage by employment injury insurance and by training of labour inspectors (section 1). The Committee welcomes the conclusion of this agreement and hopes that it will lead to greater protection for workers in case of employment injury and ensure the due provision of compensation, in application of the Convention.

The Committee requests the Government to provide information on (i) the means taken by the national authorities to increase the number of labour inspections and to strengthen the capacity of the labour inspectorate in implementation of the agreement and (ii) any other measure taken or envisaged to enhance employers’ compliance with their legal obligations, in particular their obligation to affiliate with the ARSEG and to pay insurance premiums.

The Committee also requests the Government to provide statistical data on the number and nature of the employment accidents reported and the number of workers compensated, and on the number of workers registered with ARSEG, out of the total number of workers employed by enterprises, undertakings and establishments.

Article 2 and the Schedule to Convention No. 18. List of occupational diseases. In its previous comments, the Committee requested the Government to provide information on the procedure for recognition of occupational diseases from the time of the medical diagnosis and to indicate the manner in which the burden of proof applies to the recognition of occupational diseases. The Committee further requested the Government to indicate whether the pathologies listed in Appendix 1 to Decree No. 53/05 are presumed to be of occupational origin whenever the person concerned had worked in the industries and processes listed in the Schedule appended to the Convention.

The Committee notes the indication by the Government that the degree of incapacity is determined by the CNAIL, the composition and working methods of which are set out in section 21 of Executive Decree No. 53/05. The Government further indicates that based on the CNAIL’s evaluation of the degree of incapacity for work, labour courts determine the employment injury compensation as per section 20 of Decree No. 53/05. The Committee reiterates its request to the Government to indicate whether the pathologies listed in Appendix 1 to Decree No. 53/05 are presumed to be of occupational origin whenever the person concerned has worked in the industries and processes listed in the Schedule appended to the Convention.

Article 1 and application of Convention No. 19 in practice. Noting an absence of information from the Government, the Committee reiterates its request to indicate whether there are any special schemes or international agreements within the meaning of section 1(3) of Decree No. 53/05 under which the principle of equal treatment between national and foreign workers may be waived. In addition, the Committee once again requests the Government to provide statistics concerning the number and countries of origin of foreign workers employed in Angola and the amounts of employment injury benefits made to foreign workers or their dependants in case of their residence abroad.

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 Conventions Nos 17 and 18 are in force should be encouraged to ratify the more recent Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), or the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI (see GB.328/LILS/2/1). Conventions Nos 121 and 102 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. 121 or Convention No. 102 (Part VI) as the most up-to-date instruments in this subject area.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Referring to its direct request made under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), the Committee asks the Government to supply additional information on the manner in which the procedure for recognition of occupational diseases operates, from the time of the medical diagnosis (Convention No. 18), and to clarify whether the pathologies listed in Appendix 1 to Decree No. 53/05 are presumed to be of occupational origin whenever the person concerned had worked in the industries and processes listed in the Schedule appended to the Convention. Please also indicate the manner in which the burden of proof applies to the recognition of occupational diseases.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with regret that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments initially made in 2013.

Repetition

Referring to its direct request made under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), the Committee asks the Government to supply additional information on the manner in which the procedure for recognition of occupational diseases operates, from the time of the medical diagnosis (Convention No. 18), and to clarify whether the pathologies listed in Appendix 1 to Decree No. 53/05 are presumed to be of occupational origin whenever the person concerned had worked in the industries and processes listed in the Schedule appended to the Convention. Please also indicate the manner in which the burden of proof applies to the recognition of occupational diseases.

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

Referring to its direct request made under the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), the Committee asks the Government to supply additional information on the manner in which the procedure for recognition of occupational diseases operates, from the time of the medical diagnosis (Convention No. 18), and to clarify whether the pathologies listed in Appendix 1 to Decree No. 53/05 are presumed to be of occupational origin whenever the person concerned had worked in the industries and processes listed in the Schedule appended to the Convention. Please also indicate the manner in which the burden of proof applies to the recognition of occupational diseases.

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

The Committee notes that the Government’s report does not reply to its previous comments and to the observations made in 2007 by the National Union of Angolan Workers (UNTA). It once again asks the Government to supply details on the manner in which the procedure for recognition of occupational diseases operates, from the time of the medical diagnosis. Please also clarify whether a person who is affected by one of the pathologies listed in Appendix 1 to Decree No. 53/05 is presumed to have a disease of occupational origin. Finally, the Government is requested to indicate the manner in which the burden of proof applies to the recognition of occupational diseases.

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

The Committee notes the information supplied by the Government and also the comments made by the National Union of Angolan Workers (UNTA) concerning the manner in which the national legislation gives effect to the Convention. It notes with satisfaction the adoption of Decree No. 53/05 of 15 August 2005 concerning industrial accidents and occupational diseases, the appendix to which contains the new schedule of occupational diseases recognized in the country. Under the terms of the latter, diseases provoked by chemicals such as lead, its alloys and compounds and mercury, its amalgams and compounds are considered of occupational origin, as required by the Convention. The Committee points out that contrary to the system that was previously in force, the new list of occupational diseases lists the pathologies which are recognized as being of occupational origin without linking them to a list of corresponding occupational activities. In this respect, section 6(2) of the new Decree considers a disease as occupational when it is linked to the occupational activities of workers who are habitually exposed to factors which provoke diseases and are present in the workplace or result from specified occupations or jobs. In this respect, the Committee would be grateful if the Government would supply in its next report further details on the manner in which the procedure for recognition of occupational diseases operates, from the time of the medical diagnosis. Please also clarify whether a person who is affected by one of the pathologies listed in Appendix 1 to Decree No. 53/05 is presumed to have a disease of occupational origin. Finally, the Government is requested to indicate the manner in which the burden of proof applies to the recognition of occupational diseases.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to the Committee's previous comments, the Government states that the regulations respecting compensation for employment injury, envisaged under section 58 of Act No. 18/90 on the social insurance system, have not yet been adopted, but have been submitted to the Council of Ministers for this purpose. The Government confirms that until the above regulations are adopted the following legislation remains in force: section 141 of the General Labour Act, under which enterprises are required to insure their employees against employment injury; Title III of the Labour Code of 1957 (Decree No. 2827) and Chapter V of Title VII of the Rural Labour Code of 1962 (Decree No. 44309), despite the fact that these two Decrees were repealed by section 169 of the General Labour Act of 1981.

The Committee notes this information. In this respect, it reminds the Government that the schedules of occupational diseases contained in the 1957 Labour Code and the 1962 Rural Labour Code had been the subject of comments by the Committee in 1980, since certain activities liable to cause poisoning by lead, its alloys or compounds and by mercury, its amalgams and compounds were not mentioned. In these conditions, the Committee hopes that the Government will be able to take all the necessary measures to adopt in the near future the regulations respecting compensation for employment injury, envisaged under section 58 of Act No. 18/90. It also hopes that these regulations, in accordance with Article 1 of the Convention, will ensure that compensation is payable to the victims of occupational diseases and their dependents, in accordance with the general principles of the compensation of employment injury, and that they will include a schedule of occupational diseases which contains all the diseases and toxic substances and the corresponding industries and processes set out in the schedule annexed to Article 2 of the Convention. The Committee requests the Government to provide detailed information on the progress achieved in this respect and to provide copies of the above regulations as soon as they have been adopted.

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

With reference to its previous comments, the Committee notes from the Government's report that the implementing regulations concerning compensation for industrial accidents and occupational diseases provided for in section 58 of the Act respecting the social security system, No. 18/90 of 27 October 1990, have not yet been approved and that, pending their adoption, the applicable legal provisions consist of section 141 of the General Labour Act of 1981, which requires all enterprises to insure their workers against industrial accidents and occupational diseases, and of the supplementing Resolution of the People's Assembly No. 12/81 of 7 November 1981. This Resolution provides that the compensation for occupational injuries will continue to be regulated by the system that was previously applicable, although the relevant legislation has been formally repealed and no new corresponding social security legislation has yet been adopted at that time. Taking into account the subsequent adoption of Act No. 18/90 mentioned above, the Committee asks the Government to indicate what provisions of the previous legislation still remain in force and to what extend they continue to give effect to the Convention.

In addition, the Committee recalls that, as it had already pointed out in 1980, the schedules of occupational diseases contained in the previously applicable legislation (the Angolan Labour Code of 1957 and the Rural Labour Code of 1962) failed to mention certain activities likely to cause poisoning by lead, its alloys or its compounds, and by mercury, its amalgams or its compounds, as required by Article 2 of the Convention. It also recalls that since that time the Government has been referring to a draft Decree on employment injury and occupational diseases, section 14 of which, according to the information supplied previously by the Government, contained a schedule of diseases in line with the Convention. This Decree has, however, not been adopted. In this situation, the Committee is bound once again to express the hope that the Government will take all the necessary measures to adopt in the very near future the above-mentioned regulations respecting compensation of industrial accidents and occupational diseases provided for in section 58 of Act No. 18/90. It also hopes that these regulations will provide, in accordance with Article 1 of the Convention, for compensation to workmen incapacitated by occupational diseases, or to their dependants, in accordance with the general principles relating to compensation for industrial accidents, and that it will also contain a schedule of occupational diseases, including all the diseases and processes that are liable to provoke them, as set out in the Schedule annexed to Article 2. It requests the Government to supply detailed information on the progress achieved in this respect and to supply the text of the above regulations when they have been adopted.

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

With reference to its previous comments, the Committee notes with interest the adoption of the Act respecting the social security system, No. 18/90 of 27 October 1990, and in particular that section 58 of the Act provides for the adoption by the Council of Ministers of regulations respecting the compensation of industrial accidents and occupational diseases.

The Committee, however notes that in the absence of these regulations and in view of the fact that the previous legislation (the Rural Labour Code of 1962 and the Angolan Labour Code of 1957) was formally repealed by section 169 of the General Labour Act of 1981, there appear to be no specific legal provisions that currently give effect to the Convention.

In these conditions, the Committee cannot but express the hope that the regulations respecting the compensation of industrial accidents and occupational diseases provided for in section 58 of Act No. 18/90 will be adopted in the very near future. It also hopes that these regulations will provide, in accordance with Article 1 of the Convention, for compensation to workmen incapacitated by occupational diseases, or to their dependants, in accordance with the general principles relating to compensation for industrial accidents, and that it will also contain a schedule of occupational diseases, including all the diseases and processes that are liable to provoke them, as set out in the Schedule annexed to Article 2. It requests the Government to supply detailed information on the progress achieved in this respect and to supply the text of the above regulations when they have been adopted.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee understands that a new Social Security Act has been adopted. It would be grateful if the Government would communicate a copy of this Act with its next report.

Furthermore, the Committee hopes that the draft implementing regulations to this Act concerning compensation for occupational injuries will be adopted in the near future and that they will contain, besides a list of occupational diseases, a corresponding list of all industries and processes in which such diseases might be provoked, in accordance with Article 2 of the Convention.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

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:

Article 2 of the Convention. With reference to its previous comments, the Committee notes from the Government's statement that the draft Decree on employment injury and occupational diseases - section 14 of which contains a schedule of diseases which takes into account those listed in the Schedule of the Convention - has been submitted for adoption to the People's Assembly, but has not yet been adopted. The Committee therefore hopes that this Decree will be adopted in the near future and that it will contain, in addition to diseases and toxic substances, a list of the corresponding industries and processes, as is the case in Article 2 of the Convention.

The Committee once again requests the Government to transmit the text of the above Decree when it has been adopted.