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

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Sao Tome and Principe (Ratification: 1982)

1. Article 2, paragraph 2, of the Convention (in relation to Article 3, paragraph 2). The Committee has taken note of the text of the agreement concluded between Sao Tome and Principe and Portugal concerning workers employed under a co-operation contract. It has also taken note of the text of the agreement on professional services concluded between Sao Tome and Principe and a company in the United States. It would be grateful if, in the future, the Government would communicate all new agreements concluded in this respect.

2. Article 5. The Committee notes that the Government's report does not contain a reply to its previous comments. It can therefore only repeat its previous comments which were formulated as follows:

The Committee notes that under section 37 of the Social Security Act, No. 2/1979, the compensation payable where permanent incapacity results from an injury is paid in the form of an allowance (corresponding to 75 per cent of the average wage) for a period not exceeding 12 months (which can be extended, where there are possibilities of a cure, for a similar period). The Convention provides for the payment of compensation in the form of periodical payments throughout the contingency, though it authorises the conversion of these periodical payments into a lump sum if the competent authority is satisfied that it will be properly used. The Committee therefore asks the Government to take the necessary measures to give full effect to this provision of the Convention.

3. Article 7. In reply to its comments, the Committee notes the Government's statement that no arrangements exist for the payment of additional compensation in cases where the injury results in incapacity of such a nature that the injured workman must have the constant help of another person, since such an allowance is not common practice in Sao Tome and Principe. None the less, the Committee would be grateful if the Government would take the necessary measures to ensure the application of this provision of the Convention which expressly stipulates the payment of additional compensation in this case.

4. Article 9. In reply to its previous comments, the Committee notes the Government's statement that, whatever may be the nature of the accident, the State, through the agency of the competent institution, in this case the health sector, guarantees the victim of an accident all medical, surgical and pharmaceutical aid until the injured person's complete recovery.

It also notes that all medical aid is provided by the State. The cost of medicine is borne by the injured person; to cover this cost, and in conformity with the laws in force, the injured person is granted the sum of 100,000 dobras. The Committee would be grateful if the Government would specify the laws and regulations under the terms of which this aid is provided and to communicate the text; it would also once again request the Government to specify the institutions that provide this aid.

5. Article 10. The Committee notes the Government's statement that the State does not provide artificial limbs or surgical appliances; in cases where the doctor recommends the use of a surgical appliance, the injured person is sent abroad to a specialised centre in a country with which Sao Tome and Principe has an agreement on co-operation in the field of health. The Committee would be grateful if the Government would specify the laws and regulations which cover such a situation and to communicate a copy. [The Government is requested to communicate a detailed report for the period ending 30 June 1991.]