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

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

The Committee notes with regret that for the fourth time 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:

1. With reference to its previous comments, the Committee notes the new Social Security Act, No. 1/90 of 31 January 1990. It wishes to draw the Government's attention to the following points:

Article 2, paragraph 1, of the Convention. According to section 16 of Act No. 1/90, the maximum age for joining the social security scheme is 47 years for men and 42 years for women, whereas this Article of the Convention does not provide for an age limit.

Article 5. With reference to its observation, the Committee notes that under section 84(2) of Act No. 1/90 the pension for permanent incapacity is paid only if the reduction in the injured person's capacity to work is such that he is unable to realize one-third of his earning capacity. The Government states in its report that the pension for permanent incapacity is payable only in the event of total or irreversible incapacity. Please indicate the measures taken or envisaged to ensure that compensation in the form of periodical payments is also provided in cases of partial permanent incapacity resulting in a substantial loss of earning capacity.

Article 7. The Committee notes that section 59(4) of Act No. 1/90 provides for a 20 per cent increase in invalidity pensions if the constant help of another person is necessary, but that, by virtue of section 56(3), this provision does not apply where invalidity is the result of an occupational accident. The Committee hopes that it will be possible to extend the protection laid down in section 59(4) mentioned above so as to ensure that additional compensation is also provided for persons injured in occupational accidents when their incapacity is such that they require the constant help of another person, in accordance with this Article of the Convention.

Articles 9 and 10. With reference to its previous comments, the Committee notes that Act No. 1/90 covers only cash benefits (section 28) and contains no provisions on medical, surgical and pharmaceutical aid or the supply of artificial limbs and surgical appliances, which are provided for in the Convention. In its report, the Government indicates that such assistance is ensured by the Ministry of Health and that the rules to be followed where injured persons are transferred for purposes of medical care to a foreign country with which Sao Tome and Principe has health cooperation agreements are provided for in Legislative Decree No. 15/86. The Committee again requests the Government to specify the laws and regulations under which injured persons who may receive care in the country are entitled to the assistance provided for in Articles 9 and 10 of the Convention and the hospitals or medical institutions that provide such assistance. With regard to any medical care that may be provided in a foreign country, the Committee asks the Government to supply a copy of Legislative Decree No. 15/86 and of any cooperation agreements concluded with the countries concerned.

The Committee hopes that the Government's next report will contain complete and detailed information on the measures taken or contemplated to ensure the application of the Convention with regard to the above-mentioned points.

2. The Committee would also appreciate additional information on the following points:

Article 2, paragraph 1. (a) Under section 12 of Act No. 1/90, the general social security scheme can cover foreign workers who carry out an activity in the national territory when such coverage is provided for in an agreement or convention concluded with the country of origin of the person concerned. The Committee would be grateful if the Government would indicate whether, in what manner, and under which provisions foreign workers who are not nationals of a country which has concluded a convention or agreement with Sao Tome and Principe receive the protection provided for in the Convention when they sustain occupational injury.

(b) Please indicate whether, in accordance with this provision of the Convention, apprentices are covered by Act No. 1/90, in view of the fact that they are excluded from the scope of Act No. 6/92 establishing rules on individual conditions of work, under which contracts of apprenticeship shall be governed by a special law (section 3(3)).

Article 6. According to section 92 of Act No. 1/90, compensation for temporary incapacity is paid from the day of the accident up to the end of the 24th month. Please indicate what protection is provided when a worker's ill health continues beyond the above period and the Health Council has not yet pronounced his permanent incapacity pursuant to section 95 of the same Act.

Article 8. Please indicate the measures established to review compensation, particularly where the injured person's health status has changed.

Lastly, the Committee would be grateful if the Government would provide copies of any regulations to implement Act No. 1/90, and in particular a copy of the Ministerial Ordinance provided for in section 85 of the Act.