Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121) - Democratic Republic of the Congo (Ratification: 1967)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: direct request (2013); direct request (2014); direct request (2014) and observation (2014).

In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 12, 102, 118 and 121 together.

The Committee notes the information provided in the Government’s report that it enacted several regulations on social security, including Law No. 16/009 of 15 July 2016, laying down the rules relating to the general social security scheme, and Ministerial Order No. 146/01 of 10 November 2018, laying down the procedures for affiliation and registration of workers and employers, collection of contributions and payment of benefits, as well as other implementing regulations. The Committee also notes that the process of drafting a new Social Security Code is underway.

Article 5 of the Convention No. 118. Payment of benefits abroad. The Committee observes that according to section 154 of the Ministerial Order No. 146/01 of 2018, beneficiaries of social security benefits residing abroad receive pensions in accordance with arrangements made under reciprocal agreements or international conventions. Furthermore, it observes that beneficiaries residing in countries that have not signed a reciprocity agreement must provide an attestation of life or another similar document issued by the diplomatic representation of the Democratic Republic of the Congo, as well as a special power of attorney if the beneficiary has not yet opened a social benefit account. In this context, the Committee requests the Government to provide information on (i) how beneficiaries receive benefits abroad (for example, through international bank transfers or similar schemes), regardless of whether they reside in countries which have signed a reciprocity agreement; and (ii) who is responsible for bearing the financial costs of such operations. Furthermore, the Committee requests the Government to provide information on the number of foreign and national workers receiving social security benefits abroad, indicating, if possible, in which countries and the type of benefits paid.

Article 2 of Convention No. 19. Articles 7, 8 and 9 of Convention No. 118. Multilateral or bilateral social security agreements. The Committee takes note of the Government’s information that, after the promulgation of the new Social Security Code, it will take all necessary measures to update reciprocal agreements or bilateral social security agreements and that all these texts will be communicated in due course. The Committee takes note of this information and, in the meantime, requests the Government to provide a copy of the reciprocal agreements or bilateral social security agreements that are currently in force.

Article 10 of Convention No. 118. Coverage of refugees and stateless persons. The Committee observes that according to the last reports of the United Nations High Commissioner for Refugees, as of March 2023, the Democratic Republic of the Congo has hosted 520,951 refugees and 2,478 asylum seekers, mainly from South Sudan, Burundi, the Central African Republic, Angola and Rwanda. In this context, the Committee requests the Government to provide information as to whether refugeesand stateless persons are treated on an equal basis with Congolese nationals concerning the provision of social security benefits, and to indicate the respective legal provisions in this regard.

Articles 28 and 30 of Convention No. 102. Part V. Level and duration of old-age pension. The Committee observes that according to section 96 of Law No. 16/009 of 15 July 2016, if the insured worker has received old-age pension relating to a period longer than the period of contributions made for this purpose, only the part corresponding to the period effectively contributed shall be considered in determining the level of benefits paid monthly. In this context, the Committee requests the Government to explain how section 96 of Law No. 16/009 affects the calculation of the level of old-age pensions and to confirm that, in this case, old-age pension is guaranteed throughout the entire contingency at the minimum levels established by the Convention.

Articles 44 and 66 of Convention No. 102. Part VII. Level of family benefits. The Committee observes that, according to section 3 of the Ministerial Decree No. 137 of 2018, the monthly amount of family allowances is set at 8,100 Congolese francs for each beneficiary child. Considering the above, the Committee requests the Government to explain the calculation of the total amount of family benefits following the requirements of Articles 44 (at least 3 per cent of the said wage multiplied by all children of persons protected, or 1,5 per cent of that wage, multiplied by the total number of children of all residents) and 66 of the Convention. Furthermore, the Committee requests the Government to provide information on the total number of children of all persons protected and of all residents (subparagraphs “a” and “b” of Article 44 of the Convention), together with the updated total value of benefits.

Articles 65 and 66 of Convention No. 102. Article 21 of Convention No. 121 Adjustment of social security benefits. The Committee takes note of the information provided by the Government that social security benefits are adjusted periodically based on a Decree issued by the Prime Minister. The Committee requests the Government to provide information: (i) on the frequency of the adjustment of social security benefits and how it follows substantial changes in the general level of earnings or the cost of living; and (ii) on the latest Decree issued by the Prime Minister in this regard.

Article 8 of Convention No. 121. List of occupational diseases. The Committee takes note of the Government’s indication that the Decree establishing the list of occupational diseases was adopted at the 33rd session of the National Labour Council, at the Council of Ministers and at the Government Law Commission, and that the text will be communicated in due course. The Committee takes due note of this information and requests the Government to provide a copy of the list of occupational diseases as soon as possible.

Article 72(2) of Convention No. 102and Article 25 of Convention No. 121. General responsibility for due provision of benefits. The Committee takes note that, according to section 8 of Law No. 16/009 of 2016, the management of the social security system will be carried out by a Public Institution, namely the National Social Security Fund (Caisse Nationale de Sécurité Sociale or CNSS), and that, according to sections 23 and 24, employers can be penalized, and measures of recovery and enforcement can be adopted if they fail to meet their obligations with the social security system. The Committee also takes note that section 26 determines a financial reserve for each branch of social security administrated by the National Social Security Fund. In this context, the Committee requests the Government to confirm that the National Social Security Fund (CNSS) guarantees the due provision of social security benefits through its financial reserves independently of the sanctions and penalties provided for by the legislation in force regarding recovery and enforcement.

Article 26 of Convention No.121. Measures of prevention and rehabilitation. In accordance with the report form for the Convention, the Committee requests the Government to provide information on: (i) the measures taken and the rehabilitation services provided to victims of employment injuries, and (ii) the number of accidents and occupational diseases, their frequency, and the severity of employment injuries.

Application of Conventions No. 12, 102 and 121 in practice. In light of the new regulations enacted in the field of social security, the Committee requests the Government to provide information on: (i) the updated number of workers insured by the social security system, indicating how many of them are agricultural workers; and (ii) the number of workers who currently receive social security benefits linked to accidents at work and occupational diseases, family benefits, old-age pension, disability pension and survivors’ pension.

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

With reference to its previous observation, the Committee notes the information provided by the Government concerning the method of calculation and payment of periodic benefits in respect of temporary incapacity for work (Articles 13, 14 and 18 (in conjunction with Articles 19 and 20) of the Convention). It hopes that its next report will contain further information on the review of benefits (Article 21 of the Convention), the operation of appeals and complaints procedures (Article 23) and the proper administration of the institutions or services concerned in the application of the Convention (Article 24(2)).

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

In response to the Committee’s previous observation, the Government indicates that the Social Security Reform Commission has reviewed the current schedule of occupational diseases and that the revised draft text has been transmitted to the competent authorities for approval following consideration by the National Labour Council. The Committee hopes that the revised schedule of occupational diseases will be adopted in the near future and will include diseases caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series, as well as those caused by benzene or its toxic homologues (Article 8 of the Convention).

The Committee is raising other points in a request addressed directly to the Government.

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

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes with regret that, notwithstanding the comments that it has been making for many years, the Government’s latest report does not indicate any tangible progress achieved in bringing the national legislation into conformity with the Convention and does not provide the information requested previously on the following points:

• – the need to add to the schedule of occupational diseases, diseases caused by the toxic halogen derivatives of the aliphatic series hydrocarbons and those caused by benzene or its toxic homologues (Article 8 of the Convention);
• – the need to specify the manner of calculation and actual payment for the periodic benefits due in respect of temporary incapacity for work, including incapacity at its initial phase, and benefits in respect of the total or partial loss of earnings capacity, or the death of the breadwinner, in accordance with the report form for the Convention under Articles 13, 14 and 18 (in relation with Articles 19 and 20);
• – the need to indicate how the periodic benefits due in respect of total or substantial loss of earnings capacity and survivors’ benefits are reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living (Article 21);
• – the need to explain the manner in which appeal procedures operate in practice in the case of refusal of the benefit or complaint as to its quality or quantity (Article 23);
• – the need to describe the manner in which the State assumes general responsibility for the proper administration of the institutions or services concerned in the application of the Convention (Article 24, paragraph 2).

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that, notwithstanding the comments that it has been making for many years, the Government’s latest report does not indicate any tangible progress achieved in bringing the national legislation into conformity with the Convention and does not provide the information requested previously on the following points:

• – the need to add to the schedule of occupational diseases, diseases caused by the toxic halogen derivatives of the aliphatic series hydrocarbons and those caused by benzene or its toxic homologues (Article 8 of the Convention);
• – the need to specify the manner of calculation and actual payment for the periodic benefits due in respect of temporary incapacity for work, including incapacity at its initial phase, and benefits in respect of the total or partial loss of earnings capacity, or the death of the breadwinner, in accordance with the report form for the Convention under Articles 13, 14 and 18 (in relation with Articles 19 and 20);
• – the need to indicate how the periodic benefits due in respect of total or substantial loss of earnings capacity and survivors’ benefits are reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living (Article 21);
• – the need to explain the manner in which appeal procedures operate in practice in the case of refusal of the benefit or complaint as to its quality or quantity (Article 23);
• – the need to describe the manner in which the State assumes general responsibility for the proper administration of the institutions or services concerned in the application of the Convention (Article 24, paragraph 2).

The Committee hopes that the Government will take all the necessary measures with a view to resolving the issues referred to above in the very near future.

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

In reply to the Committee’s previous comments, the Government had stated previously that it is not in a position to provide information that would enable the Committee to assess the application of Articles 13, 14 and 18 (in relation with Articles 19 and 20), as well as Articles 21, 23 and 24(2) of the Convention, in view of the difficult political and economic situation experienced by the country. With regard to the draft text to add to the schedule of occupational diseases, in accordance with Article 8 of the Convention, diseases caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series and diseases caused by benzene or its toxic homologues, the Government had undertaken to transmit the extended schedule of occupational diseases as soon as it has been adopted by the National Labour Council. The Committee hopes that, despite the difficulties to which the Government is confronted, the extended schedule of occupational diseases will be adopted in the near future in order to give full effect to Article 8 of the Convention and that the Government will make every effort to provide information concerning the application of the other provisions of the Convention referred to above, as requested in its 1995 observation. The Committee would also be grateful if the Government would indicate any progress achieved in the formulation and adoption of the new Social Security Code.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

In reply to the Committee’s previous comments, the Government had stated previously that it is not in a position to provide information that would enable the Committee to assess the application of Articles 13, 14 and 18 (in relation with Articles 19 and 20), as well as Articles 21, 23 and 24(2) of the Convention, in view of the difficult political and economic situation experienced by the country. With regard to the draft text to add to the schedule of occupational diseases, in accordance with Article 8 of the Convention, diseases caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series and diseases caused by benzene or its toxic homologues, the Government had undertaken to transmit the extended schedule of occupational diseases as soon as it has been adopted by the National Labour Council. The Committee hopes that, despite the difficulties to which the Government is confronted, the extended schedule of occupational diseases will be adopted in the near future in order to give full effect to Article 8 of the Convention and that the Government will make every effort to provide information concerning the application of the other provisions of the Convention referred to above, as requested in its 1995 observation. The Committee would also be grateful if the Government would indicate any progress achieved in the formulation and adoption of the new Social Security Code.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

In reply to the Committee’s previous comments, the Government had stated previously that it is not in a position to provide information that would enable the Committee to assess the application of Articles 13, 14 and 18 (in relation with Articles 19 and 20), as well as Articles 21, 23 and 24(2) of the Convention, in view of the difficult political and economic situation experienced by the country. With regard to the draft text to add to the schedule of occupational diseases, in accordance with Article 8 of the Convention, diseases caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series and diseases caused by benzene or its toxic homologues, the Government had undertaken to transmit the extended schedule of occupational diseases as soon as it has been adopted by the National Labour Council. The Committee hopes that, despite the difficulties to which the Government is confronted, the extended schedule of occupational diseases will be adopted in the near future in order to give full effect to Article 8 of the Convention and that the Government will make every effort to provide information concerning the application of the other provisions of the Convention referred to above, as requested in its 1995 observation. The Committee would also be grateful if the Government would indicate any progress achieved in the formulation and adoption of the new Social Security Code.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

In reply to the Committee’s previous comments, the Government had stated previously that it is not in a position to provide information that would enable the Committee to assess the application of Articles 13, 14 and 18 (in relation with Articles 19 and 20), as well as Articles 21, 23 and 24(2) of the Convention, in view of the difficult political and economic situation experienced by the country. With regard to the draft text to add to the schedule of occupational diseases, in accordance with Article 8 of the Convention, diseases caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series and diseases caused by benzene or its toxic homologues, the Government had undertaken to transmit the extended schedule of occupational diseases as soon as it has been adopted by the National Labour Council. The Committee hopes that, despite the difficulties to which the Government is confronted, the extended schedule of occupational diseases will be adopted in the near future in order to give full effect to Article 8 of the Convention and that the Government will make every effort to provide information concerning the application of the other provisions of the Convention referred to above, as requested in its 1995 observation. The Committee would also be grateful if the Government would indicate any progress achieved in the formulation and adoption of the new Social Security Code.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation which read as follows:

In reply to the Committee’s previous comments, the Government had stated previously that it is not in a position to provide information that would enable the Committee to assess the application of Articles 13, 14 and 18 (in relation with Articles 19 and 20), as well as Articles 21, 23 and 24(2) of the Convention, in view of the difficult political and economic situation experienced by the country. With regard to the draft text to add to the schedule of occupational diseases, in accordance with Article 8 of the Convention, diseases caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series and diseases caused by benzene or its toxic homologues, the Government had undertaken to transmit the extended schedule of occupational diseases as soon as it has been adopted by the National Labour Council.

The Committee hopes that, despite the difficulties to which the Government is confronted, the extended schedule of occupational diseases will be adopted in the near future in order to give full effect to Article 8 of the Convention and that the Government will make every effort to provide information concerning the application of the other provisions of the Convention referred to above, as requested in its 1995 observation. The Committee would also be grateful if the Government would indicate any progress achieved in the formulation and adoption of the new Social Security Code.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous observation which read as follows:

In reply to the Committee’s previous comments, the Government had stated previously that it is not in a position to provide information that would enable the Committee to assess the application of Articles 13, 14 and 18 (in relation with Articles 19 and 20), as well as Articles 21, 23 and 24(2) of the Convention, in view of the difficult political and economic situation experienced by the country. With regard to the draft text to add to the schedule of occupational diseases, in accordance with Article 8 of the Convention, diseases caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series and diseases caused by benzene or its toxic homologues, the Government had undertaken to transmit the extended schedule of occupational diseases as soon as it has been adopted by the National Labour Council.

The Committee hopes that, despite the difficulties to which the Government is confronted, the extended schedule of occupational diseases will be adopted in the near future in order to give full effect to Article 8 of the Convention and that the Government will make every effort to provide information concerning the application of the other provisions of the Convention referred to above, as requested in its 1995 observation. The Committee would also be grateful if the Government would indicate any progress achieved in the formulation and adoption of the new Social Security Code.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation, which read as follows:

In reply to the Committee’s previous comments, the Government states that it is not currently in a position to provide information that would enable the Committee to assess the application of Articles 13, 14 and 18 (in relation with Articles 19 and 20), as well as Articles 21, 23 and 24(2) of the Convention, in view of the difficult political and economic situation experienced by the country. With regard to the draft text to add to the schedule of occupational diseases, in accordance with Article 8 of the Convention, diseases caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series and diseases caused by benzene or its toxic homologues, the Government undertakes to transmit the extended schedule of occupational diseases as soon as it has been adopted by the National Labour Council.

The Committee notes this information. It hopes that, despite the current difficulties, the extended schedule of occupational diseases will be adopted in the very near future in order to give full effect to Article 8 of the Convention and that the Government will make every effort to provide information concerning the application of the other provisions of the Convention referred to above, as requested in its 1995 observation. The Committee would also be grateful if the Government would indicate any progress achieved in the formulation and adoption of the new Social Security Code.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that for the third consecutive time the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

In reply to the Committee’s previous comments, the Government states that it is not currently in a position to provide information that would enable the Committee to assess the application of Articles 13, 14 and 18 (in relation with Articles 19 and 20), as well as Articles 21, 23 and 24(2) of the Convention, in view of the difficult political and economic situation experienced by the country. With regard to the draft text to add to the schedule of occupational diseases, in accordance with Article 8 of the Convention, diseases caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series and diseases caused by benzene or its toxic homologues, the Government undertakes to transmit the extended schedule of occupational diseases as soon as it has been adopted by the National Labour Council.

The Committee notes this information. It hopes that, despite the current difficulties, the extended schedule of occupational diseases will be adopted in the very near future in order to give full effect to Article 8 of the Convention and that the Government will make every effort to provide information concerning the application of the other provisions of the Convention referred to above, as requested in its 1995 observation. The Committee would also be grateful if the Government would indicate any progress achieved in the formulation and adoption of the new Social Security Code.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

In reply to the Committee’s previous comments, the Government states that it is not currently in a position to provide information that would enable the Committee to assess the application of Articles 13, 14 and 18 (in relation with Articles 19 and 20), as well as Articles 21, 23 and 24(2) of the Convention, in view of the difficult political and economic situation experienced by the country. With regard to the draft text to add to the schedule of occupational diseases, in accordance with Article 8 of the Convention, diseases caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series and diseases caused by benzene or its toxic homologues, the Government undertakes to transmit the extended schedule of occupational diseases as soon as it has been adopted by the National Labour Council.

The Committee notes this information. It hopes that, despite the current difficulties, the extended schedule of occupational diseases will be adopted in the very near future in order to give full effect to Article 8 of the Convention and that the Government will make every effort to provide information concerning the application of the other provisions of the Convention referred to above, as requested in its 1995 observation. The Committee would also be grateful if the Government would indicate any progress achieved in the formulation and adoption of the new Social Security Code.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

In reply to the Committee's previous comments, the Government states that it is not currently in a position to provide information that would enable the Committee to assess the application of Articles 13, 14 and 18 (in relation with Articles 19 and 20), as well as Articles 21, 23 and 24, paragraph 2, of the Convention, in view of the difficult political and economic situation experienced by the country. With regard to the draft text to add to the schedule of occupational diseases, in accordance with Article 8 of the Convention, diseases caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series and diseases caused by benzene or its toxic homologues, the Government undertakes to transmit the extended schedule of occupational diseases as soon as it has been adopted by the National Labour Council. The Committee notes this information. It hopes that, despite the current difficulties, the extended schedule of occupational diseases will be adopted in the very near future in order to give full effect to Article 8 of the Convention and that the Government will make every effort to provide information concerning the application of the other provisions of the Convention referred to above, as requested in its 1995 observation. The Committee would also be grateful if the Government would indicate any progress achieved in the formulation and adoption of the new Social Security Code.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

In reply to the Committee's previous comments, the Government states that it is not currently in a position to provide information that would enable the Committee to assess the application of Articles 13, 14 and 18 (in relation with Articles 19 and 20), as well as Articles 21, 23 and 24, paragraph 2, of the Convention, in view of the difficult political and economic situation experienced by the country. With regard to the draft text to add to the schedule of occupational diseases, in accordance with Article 8 of the Convention, diseases caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series and diseases caused by benzene or its toxic homologues, the Government undertakes to transmit the extended schedule of occupational diseases as soon as it has been adopted by the National Labour Council.

The Committee notes this information. It hopes that, despite the current difficulties, the extended schedule of occupational diseases will be adopted in the very near future in order to give full effect to Article 8 of the Convention and that the Government will make every effort to provide information concerning the application of the other provisions of the Convention referred to above, as requested in its 1995 observation. The Committee would also be grateful if the Government would indicate any progress achieved in the formulation and adoption of the new Social Security Code.

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

The Committee notes with regret that, for the third consecutive time, the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 8 of the Convention. In reply to the Committee's earlier comments, the Government states that the draft text to supplement the list of occupational diseases in the schedule to Ordinance No. 66-370 of 29 June 1966, which was prepared by the Social Security Reform Commission, will be submitted to the National Labour Board for examination before being transmitted to the competent authorities for enactment. The Committee takes note of this information. In view of the fact that the Committee has been commenting on the question of amending the list of occupational diseases for 20 years, it hopes that the above draft will be adopted shortly and that the list will contain the following additions: (a) diseases caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series; (b) diseases caused by benzene or its toxic homologues, in accordance with the provisions of the Convention. 2. Articles 13, 14 and 18 (in conjunction with Articles 19 and 20). In its report, the Government indicates that the maximum monthly remuneration that is subject to contribution for the pensions and occupational risks branches has increased from 2,000 zaires to 30,000 zaires. It also indicates that the Executive Council is in the process of examining draft legislation on the national employment and wage policy (adopted by the 25th Session of the National Labour Council, held from 17 to 22 July 1989), and that the text will fix a new guaranteed inter-occupational minimum wage which will affect the level of benefits. The Committee notes this information with interest. It also notes the proposals to increase the daily compensation rate for temporary incapacity. It notes, however, that the statistics provided by the Government in its report do not permit an appraisal of how effect is given to the above Articles of the Convention. Consequently, the Committee would be grateful if the Government would indicate in its next report whether it intends to have recourse to Article 19 or to Article 20 in comparing the amount of periodical benefits provided for in the national legislation with the minimum level prescribed by the Convention. It also asks the Government to provide the statistical information required by the report form under Articles 19 or 20 of the Convention. If the Government intends to have recourse to Article 19, it is asked, in particular, to state the maximum amount of periodical benefits payable in the event of temporary incapacity, total permanent incapacity and death of the breadwinner, and the wage of a skilled manual male employee chosen in accordance with paragraph 6 or paragraph 7 of Article 19. If the Government intends to have recourse to Article 20, it is asked to indicate the minimum amount of periodical benefits payable for each of the three contingencies mentioned above, and the amount of the wage of an ordinary adult male labourer chosen in accordance with paragraph 4 or paragraph 5 of Article 20. Please indicate also the amount of family allowance, if any, payable during employment and during the contingency. 3. Articles 23 and 24, paragraph 2. The Committee notes that the strengthening and extension of the regional social security committees responsible for ruling on appeals by insured persons were discussed during the work on social security reform at the 22nd Session of the National Labour Council. It also notes the Government's statement that the enactment of the new Social Security Code should make it possible to improve the operation of the social security system, in general, and of the regional committees. The Committee therefore asks the Government to provide detailed information on any progress made in the practical operation of the social security system and more particularly the regional committees, and to provide copies of the recommendations adopted in this connection by the National Labour Board. Furthermore, in connection with its previous comments, it again asks the Government to indicate whether the two regional committees still to be set up have now been constituted. 4. Article 21. The Committee would be grateful if the Government would provide information on the application of Article 21 of the Convention and supply the statistics required (under this Article) by the report form adopted by the Governing Body, concerning the readjustment of currently payable periodical benefits in the event of permanent incapacity and death of the breadwinner as a result of occupational injury. 5. Lastly, the Committee hopes that the new Social Security Code to which the Government referred in its report will enable full effect to be given to the Convention once it has been adopted; it asks the Government to provide a copy of it as soon as it has been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that, for the second consecutive year, the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 8 of the Convention. In reply to the Committee's earlier comments, the Government states that the draft text to supplement the list of occupational diseases in the schedule to Ordinance No. 66-370 of 29 June 1966, which was prepared by the Social Security Reform Commission, will be submitted to the National Labour Board for examination before being transmitted to the competent authorities for enactment. The Committee takes note of this information. In view of the fact that the Committee has been commenting on the question of amending the list of occupational diseases for 20 years, it hopes that the above draft will be adopted shortly and that the list will contain the following additions: (a) diseases caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series; (b) diseases caused by benzene or its toxic homologues, in accordance with the provisions of the Convention. 2. Articles 13, 14 and 18 (in conjunction with Articles 19 and 20). In its report, the Government indicates that the maximum monthly remuneration that is subject to contribution for the pensions and occupational risks branches has increased from 2,000 zaires to 30,000 zaires. It also indicates that the Executive Council is in the process of examining draft legislation on the national employment and wage policy (adopted by the 25th Session of the National Labour Council, held from 17 to 22 July 1989), and that the text will fix a new guaranteed inter-occupational minimum wage which will affect the level of benefits. The Committee notes this information with interest. It also notes the proposals to increase the daily compensation rate for temporary incapacity. It notes, however, that the statistics provided by the Government in its report do not permit an appraisal of how effect is given to the above Articles of the Convention. Consequently, the Committee would be grateful if the Government would indicate in its next report whether it intends to have recourse to Article 19 or to Article 20 in comparing the amount of periodical benefits provided for in the national legislation with the minimum level prescribed by the Convention. It also asks the Government to provide the statistical information required by the report form under Articles 19 or 20 of the Convention. If the Government intends to have recourse to Article 19, it is asked, in particular, to state the maximum amount of periodical benefits payable in the event of temporary incapacity, total permanent incapacity and death of the breadwinner, and the wage of a skilled manual male employee chosen in accordance with paragraph 6 or paragraph 7 of Article 19. If the Government intends to have recourse to Article 20, it is asked to indicate the minimum amount of periodical benefits payable for each of the three contingencies mentioned above, and the amount of the wage of an ordinary adult male labourer chosen in accordance with paragraph 4 or paragraph 5 of Article 20. Please indicate also the amount of family allowance, if any, payable during employment and during the contingency. 3. Articles 23 and 24, paragraph 2. The Committee notes that the strengthening and extension of the regional social security committees responsible for ruling on appeals by insured persons were discussed during the work on social security reform at the 22nd Session of the National Labour Council. It also notes the Government's statement that the enactment of the new Social Security Code should make it possible to improve the operation of the social security system, in general, and of the regional committees. The Committee therefore asks the Government to provide detailed information on any progress made in the practical operation of the social security system and more particularly the regional committees, and to provide copies of the recommendations adopted in this connection by the National Labour Board. Furthermore, in connection with its previous comments, it again asks the Government to indicate whether the two regional committees still to be set up have now been constituted. 4. Article 21. The Committee would be grateful if the Government would provide information on the application of Article 21 of the Convention and supply the statistics required (under this Article) by the report form adopted by the Governing Body, concerning the readjustment of currently payable periodical benefits in the event of permanent incapacity and death of the breadwinner as a result of occupational injury. 5. Lastly, the Committee hopes that the new Social Security Code to which the Government referred in its report will enable full effect to be given to the Convention once it has been adopted; it asks the Government to provide a copy of it as soon as it has been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

1. Article 8 of the Convention. In reply to the Committee's earlier comments, the Government states that the draft text to supplement the list of occupational diseases in the schedule to Ordinance No. 66-370 of 29 June 1966, which was prepared by the Social Security Reform Commission, will be submitted to the National Labour Board for examination before being transmitted to the competent authorities for enactment. The Committee takes note of this information. In view of the fact that the Committee has been commenting on the question of amending the list of occupational diseases for 20 years, it hopes that the above draft will be adopted shortly and that the list will contain the following additions: (a) diseases caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series; (b) diseases caused by benzene or its toxic homologues, in accordance with the provisions of the Convention. 2. Articles 13, 14 and 18 (in conjunction with Articles 19 and 20). In its report, the Government indicates that the maximum monthly remuneration that is subject to contribution for the pensions and occupational risks branches has increased from 2,000 zaires to 30,000 zaires. It also indicates that the Executive Council is in the process of examining draft legislation on the national employment and wage policy (adopted by the 25th Session of the National Labour Council, held from 17 to 22 July 1989), and that the text will fix a new guaranteed inter-occupational minimum wage which will affect the level of benefits. The Committee notes this information with interest. It also notes the proposals to increase the daily compensation rate for temporary incapacity. It notes, however, that the statistics provided by the Government in its report do not permit an appraisal of how effect is given to the above Articles of the Convention. Consequently, the Committee would be grateful if the Government would indicate in its next report whether it intends to have recourse to Article 19 or to Article 20 in comparing the amount of periodical benefits provided for in the national legislation with the minimum level prescribed by the Convention. It also asks the Government to provide the statistical information required by the report form under Articles 19 or 20 of the Convention. If the Government intends to have recourse to Article 19, it is asked, in particular, to state the maximum amount of periodical benefits payable in the event of temporary incapacity, total permanent incapacity and death of the breadwinner, and the wage of a skilled manual male employee chosen in accordance with paragraph 6 or paragraph 7 of Article 19. If the Government intends to have recourse to Article 20, it is asked to indicate the minimum amount of periodical benefits payable for each of the three contingencies mentioned above, and the amount of the wage of an ordinary adult male labourer chosen in accordance with paragraph 4 or paragraph 5 of Article 20. Please indicate also the amount of family allowance, if any, payable during employment and during the contingency. 3. Articles 23 and 24, paragraph 2. The Committee notes that the strengthening and extension of the regional social security committees responsible for ruling on appeals by insured persons were discussed during the work on social security reform at the 22nd Session of the National Labour Council. It also notes the Government's statement that the enactment of the new Social Security Code should make it possible to improve the operation of the social security system, in general, and of the regional committees. The Committee therefore asks the Government to provide detailed information on any progress made in the practical operation of the social security system and more particularly the regional committees, and to provide copies of the recommendations adopted in this connection by the National Labour Board. Furthermore, in connection with its previous comments, it again asks the Government to indicate whether the two regional committees still to be set up have now been constituted. 4. Article 21. The Committee would be grateful if the Government would provide information on the application of Article 21 of the Convention and supply the statistics required (under this Article) by the report form adopted by the Governing Body, concerning the readjustment of currently payable periodical benefits in the event of permanent incapacity and death of the breadwinner as a result of occupational injury. 5. Lastly, the Committee hopes that the new Social Security Code to which the Government referred in its report will enable full effect to be given to the Convention once it has been adopted; it asks the Government to provide a copy of it as soon as it has been adopted.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

1. Article 8 of the Convention. In reply to the Committee's earlier comments, the Government states that the draft text to supplement the list of occupational diseases in the schedule to Ordinance No. 66-370 of 29 June 1966, which was prepared by the Social Security Reform Commission, will be submitted to the National Labour Board for examination before being transmitted to the competent authorities for enactment. The Committee takes note of this information. In view of the fact that the Committee has been commenting on the question of amending the list of occupational diseases for 20 years, it hopes that the above draft will be adopted shortly and that the list will contain the following additions: (a) diseases caused by the toxic halogen derivatives of hydrocarbons of the aliphatic series; (b) diseases caused by benzene or its toxic homologues, in accordance with the provisions of the Convention.

2. Articles 13, 14 and 18 (in conjunction with Articles 19 and 20). In its report, the Government indicates that the maximum monthly remuneration that is subject to contribution for the pensions and occupational risks branches has increased from 2,000 zaires to 30,000 zaires. It also indicates that the Executive Council is in the process of examining draft legislation on the national employment and wage policy (adopted by the 25th Session of the National Labour Council, held from 17 to 22 July 1989), and that the text will fix a new guaranteed inter-occupational minimum wage which will affect the level of benefits. The Committee notes this information with interest. It also notes the proposals to increase the daily compensation rate for temporary incapacity. It notes, however, that the statistics provided by the Government in its report do not permit an appraisal of how effect is given to the above Articles of the Convention. Consequently, the Committee would be grateful if the Government would indicate in its next report whether it intends to have recourse to Article 19 or to Article 20 in comparing the amount of periodical benefits provided for in the national legislation with the minimum level prescribed by the Convention. It also asks the Government to provide the statistical information required by the report form under Articles 19 or 20 of the Convention. If the Government intends to have recourse to Article 19, it is asked, in particular, to state the maximum amount of periodical benefits payable in the event of temporary incapacity, total permanent incapacity and death of the breadwinner, and the wage of a skilled manual male employee chosen in accordance with paragraph 6 or paragraph 7 of Article 19. If the Government intends to have recourse to Article 20, it is asked to indicate the minimum amount of periodical benefits payable for each of the three contingencies mentioned above, and the amount of the wage of an ordinary adult male labourer chosen in accordance with paragraph 4 or paragraph 5 of Article 20. Please indicate also the amount of family allowance, if any, payable during employment and during the contingency.

3. Articles 23 and 24, paragraph 2. The Committee notes that the strengthening and extension of the regional social security committees responsible for ruling on appeals by insured persons were discussed during the work on social security reform at the 22nd Session of the National Labour Council. It also notes the Government's statement that the enactment of the new Social Security Code should make it possible to improve the operation of the social security system, in general, and of the regional committees. The Committee therefore asks the Government to provide detailed information on any progress made in the practical operation of the social security system and more particularly the regional committees, and to provide copies of the recommendations adopted in this connection by the National Labour Board. Furthermore, in connection with its previous comments, it again asks the Government to indicate whether the two regional committees still to be set up have now been constituted.

4. Article 21. The Committee would be grateful if the Government would provide information on the application of Article 21 of the Convention and supply the statistics required (under this Article) by the report form adopted by the Governing Body, concerning the readjustment of currently payable periodical benefits in the event of permanent incapacity and death of the breadwinner as a result of occupational injury.

5. Lastly, the Committee hopes that the new Social Security Code to which the Government referred in its report will enable full effect to be given to the Convention once it has been adopted; it asks the Government to provide a copy of it as soon as it has been adopted.