Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Comoros (Ratification: 1978)

Direct Request (CEACR) - adopted 2025, published 114th ILC session (2026)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 19 (equality of treatment), 42 (occupational diseases) and 102 (minimum standards) together.

The Committee notes the Government’s first report on the application of Convention No. 102. The Committee also notes the observations of the Workers Confederation of Comoros (CTTC) on the application of Convention No. 42, received in 2018.

Article 1 of Convention No. 19. Payment of benefits abroad. The Committee notes with interest that, under section 5 of Act No. 12-021/AU of 25 December 2012, enacted by Decree No. 13-020/PR of 14 February 2013, the benefits scheme for occupational accidents and diseases covers all employees, irrespective of their nationality. In addition, the Government indicates in the report on Convention No. 102 that, as soon as the worker meets the conditions for entitlement to benefits arising from an occupational accident or disease, the economic benefit must be paid, even abroad. According to the Government, however, in practice there are several obstacles, such as long processing times for benefit applications for migrants and the absence of bilateral agreements on social security. The Committee requests the Government to provide information on the measures taken to ensure that, in practice, all foreign workers who are nationals of Member States that have ratified the Convention, or their dependants, receive periodic benefits in the case of an occupational accident, if they reside abroad. The Committee also requests the Government to provide statistical data on the number of foreign workers or their dependants who receive periodic benefits in the case of an occupational accident and residence abroad.

Article 2 of Convention No. 42. Updating of the list of occupational diseases and application of the Convention in practice. The Committee notes that Order No. 59-73 of 25 April 1959 does not cover all the occupational diseases listed in the table under Article 2 of the Convention.

The Committee notes the observations of the CTTC, indicating the absence of a specialized service for occupational diseases and the fact that it is impossible to provide reliable statistics, including within the administration of the National Solidarity and Social Welfare Fund (CNSPS). The Committee requests the Government to indicate whether Order No. 59-73 is still in force, and any other legislative provision governing the recognition of occupational diseases. The Committee also requests the Government to provide information on the number of reported cases of occupational diseases, as well as the total amount of benefits paid to victims for occupational diseases or their dependants.

Part II (Medical care) of Convention No. 102. Implementation of Universal Health Coverage (UHC). The Committee notes the Government’s indication that Act No. 17-012 on the UHC, enacted by Decree 17-105/PR of 5 October 2017, created the medical care branch, which is currently being piloted. According to the Government, the implementation of the UHC is in the pilot phase, which was launched in June 2025 with the goal of expanding it by 2030. The Committee requests the Government to provide information on the results of the implementation of the UHC, in law and in practice, and on the results of the application of Part II of the Convention.

Article 9of Convention No. 102. Coverage. The Committee notes that the UHC aims to guarantee all Comorians and all persons residing in the Union of the Comoros, irrespective of their resources, access to a basic package of quality health services that are realistically available, in accordance with section 2 of Act No. 17-012. In this regard, the Government indicates that, given that the implementation of the UHC is in the pilot phase, statistical data on coverage are not yet available. The Committee requests the Government to provide statistical data on coverage of the UHC, in accordance with the report form for the Convention, as soon as they are available.

Article 10 of Convention No. 102. Types of medical care benefits. Section 9 of Act No. 17-012 sets out that the list of medical conditions, the nomenclature of medical and surgical procedures, and the medicines covered are defined by decree. According to the Government, secondary regulations are being developed and approved by the competent authorities. The Committee requests the Government to provide information on this matter, particularly on any decrees adopted that determine the types of medical care provided, as well as on the direct contribution of insured persons and beneficiaries to medical care costs.

Article 12 of Convention No. 102.Duration of medical care benefits. Section 45 of Act No. 17-012 sets out that the terms and conditions for activating, maintaining, suspending and terminating entitlement to benefits shall be defined by decree. In this regard, the Government reports that the relevant texts will be adopted following the assessment of the UHC pilot phase. The Committee requests the Government to provide information on this matter, including on any decree adopted that determines the duration of medical care benefits provided for under Article 10(1) of the Convention.

Parts III (Sickness benefit) and IV (Unemployment benefit), read together with Article 71 of Convention No. 102. The Committee notes that, according to the Government’s report, sickness and unemployment benefits are provided through an employer liability mechanism. The Government also indicates that, as this is not yet a system financed collectively by way of insurance contributions but rather the employer’s individual liability, Parts III and IV of the Convention are not yet aligned with the collective financing principles provided for in the Convention. The Committee recalls that, under Article 71(1) of the Convention, the cost of the benefits provided in compliance with this Convention and the cost of the administration of such benefits shall be borne collectively by way of insurance contributions or taxation or both together. The Committee firmly hopes that the Government will take measures to ensure the establishment of sickness and unemployment benefit schemes that are in line with the provisions of Parts III and IV of the Convention and are financed collectively. The Committee requests the Government to provide information on this matter.

Parts V (Old-age benefit), Article 27; VI (Employment injury benefit), Article 33; VIII (Maternity benefit), Article 48; IX (Invalidity benefit), Article 55; and X (Survivors’ benefit), Article 61, of Convention No. 102. Coverage. The Committee notes that, according to statistical data provided by the Government, 25 per cent of workers are covered by old-age, disability and survivors’ benefits, and 3.3 per cent of workers are covered by employment injury and maternity benefits. The Committee notes that these figures are lower than the requirement in the Convention to cover at least 50 per cent of employees. The Committee therefore requests the Government to provide information on the measures taken to extend benefit coverage, as required by the Convention. The Committee also requests the Government to continue to provide statistical data on the coverage of old-age, disability, survivors’, employment injury and maternity benefits.

Part VI (Employment injury benefit), Article 35 of Convention No. 102. Vocational rehabilitation. The Committee notes that, according to the Government, national legislation does not contain any explicit provision on coordination between the institutions responsible for administering medical care and the general vocational rehabilitation services. The Government also indicates that section 26 of Act No. 14-037/AU of 22 December 2014 on the promotion and protection of persons living with disabilities provides for public vocational training centres. The Committee requests the Government to provide further information on the provision, in practice, of vocational rehabilitation services to persons with disabilities following employment injury.

Article 36(3) of Convention No. 102. Commuting periodical payments to a lump sum. Section 49 of Decree No. 14-179/PR establishing the terms and conditions for compensation for occupational accidents and diseases stipulates that the allowance afforded to victims of occupational accidents or diseases may be fully or partially replaced by a lump sum payment after five years from the start date of the allowance payments. In particular, if the degree of incapacity exceeds 10 per cent, the allowance may be partially converted into a lump sum of up to 50 per cent of the amount of the allowance afforded. The Committee recalls that under Article 36(3) of the Convention, the periodic payment may be converted into a lump sum only: (a) where the degree of incapacity is slight; or (b) where the competent authority is satisfied that the lump sum will be properly utilized. In this regard, the Committee recalls that incapacity below 30 per cent can be considered as slight for the purposes of converting periodic benefits into lump sum payments (see 2025 General Survey on Achieving comprehensive employment injury protection, para. 274). The Committee therefore requests the Government to provide information on the measures taken or envisaged to ensure that the conversion of periodic payments into a lump sum are in line with the conditions set forth in Article 36(3) of the Convention.

Part VII (Family benefit) of Convention No. 102. The Government indicates that the branch concerning family benefits has not yet been put in place. The Committee firmly hopes that the Government will take measures to ensure, in law and in practice, the payment of benefits to families in accordance with the provisions of Part VII of the Convention. The Committee requests the Government to provide information on this matter.

Part VIII (Maternity benefit), Article 49 of Convention No. 102. Maternity medical benefit. Section 8 of Act No. 17-012/AU guarantees maternity care services through the UHC. The Government indicates that the regulations to implement the health insurance law are currently being prepared and will be communicated as soon as possible. The Government also indicates that maternity costs are fully covered, despite this not being detailed explicitly in the initial texts. The Committee requests the Government to provide information on the implementation of the UHC, in law and in practice, regarding the provision of maternity medical care, including the lack of cost-sharing for this care.

Part VIII (Maternity benefit), read together with Article 71 of Convention No. 102. Financing of maternity benefits. The Committee notes that section 5 of Decree No. 14-176/PR of 5 December 2014 makes affiliation and contributions by employers to the National Solidarity and Social Welfare Fund (CNSPS) compulsory, and provides that the costs associated with the management of maternity benefits be covered exclusively by employer contributions. The Committee also notes that, according to section 10 of Decree No. 14-176/PR, the contributions that employers must pay for maternity benefits relate only to women workers. The Committee notes that this kind of financing could limit the principle of solidarity and collective financing provided for under Article 71 of the Convention, while possibly undermining equality of treatment between men and women, and discouraging the recruitment of women. The Committee encourages the Government to envisage taking measures so that contributions to maternity benefits are deducted from the wages of all workers.

Part IX (Invalidity benefit), Article 54 of Convention No. 102. Definition of invalidity. The Committee notes the Government’s indication that Order No. 132/F3 issuing the establishment and organization of the Local Retirement Fund of the Comoros, as well as Order No. 65-140 on the reformation of the social welfare and retirement scheme for personnel who are not in the public service in the Comoros, set forth provisions concerning the risk of invalidity. The Government indicates, however, that the system for the determination of disability is not implemented in practice, and that the system to determine the degree of inability after which a person is considered unable to carry out an occupational activity has not yet been adopted. The Committee requests the Government to provide information on the measures taken to ensure, in practice, the appropriate and timely evaluation of invalidity, as well as to specify the degree of invalidity that entitles a person to an invalidity pension.

Article 56, read together with Articles 57(3) and 65 of ConventionNo. 102. Replacement rate of invalidity benefit. The Committee notes in the Government’s report that, for an employee who is not in the public service who has completed 15 years of contribution, the invalidity pension would correspond to 19.9 per cent of the reference wage identified in Article 65 of the Convention. The Committee notes that this replacement rate is lower than that required by the Convention concerning the invalidity pension, that is to say 30 per cent, in accordance with Article 57(3). The Committee requests the Government to provide information on the measures taken to ensure that the replacement rate for invalidity benefits complies with the Convention. The Committee also requests the Government to continue to provide statistical data on the replacement rate for invalidity benefits.

Part X (Survivors’ benefit), Article 62, read together with Articles 63(3) and 65 of Convention No. 102. Replacement rate of survivors’ benefit. The Committee notes in the Government’s report that for an employee who was not in the public service and who died during employment having contributed for 15 years, the survivors’ benefit corresponds to 19.9 per cent of the reference wage identified in Article 65 of the Convention. The Committee notes that this replacement rate is lower than that required by the Convention concerning the survivors’ benefit, that is to say 30 per cent, in accordance with Article 63(3). The Committee requests the Government to provide information on the measures taken to ensure that the replacement rate for survivors’benefits complies with the Convention. The Committee also requests the Government to continue to provide statistical data on the replacement rate of survivors’benefits. The Committee requests the Government to confirm that a qualifying period is excluded from entitlement to survivors’benefits. The Committee also requests the Government to continue to provide statistical data on the replacement rate of survivors’benefits and, in that regard, to specify the amount of the survivors’benefit paid to the beneficiary type of a widow with two children.

Article 63(5) of Convention No. 102. Surviving spouse’s benefit. The Committee notes that, in accordance with section 41 of Order No. 132/F3, the widow’s entitlement may be subject to the duration of the marriage in certain circumstances. In particular, if the husband was receiving or could receive a long-service pension at the time of his death, the marriage entered into before or after the time the deceased ceased activity must have lasted at least six years. Where there is one or are several children at the time of death, the entitlement to the benefit is granted after three years of marriage. The Committee recalls that in accordance with Article 63(5) of the Convention, in order that a childless widow presumed to be incapable of self-support may be entitled to a survivor’s benefit, a minimum duration of the marriage may be required. The Committee requests the Government to provide information on the measures taken to ensure that the requirement for a minimum duration of marriage applies only to surviving spouses who do not have children.

Part XI (Calculation of periodical payments), Article 65(10) of Convention No. 102. Adjustment of periodical payments. The Committee notes the absence of statistical data in the Government’s report concerning the adjustment of old-age, employment injury, and invalidity benefits. The Committee requests the Government to provide statistical data on the adjustment of benefits made following substantial changes in the general level of earnings where these result from substantial changes in the cost of living, in accordance with the report form for the Convention.

Part XIII (Common provisions), Article 69 of Convention No. 102. Suspension of benefits. In accordance with section 53 of Order No. 132/F3, invalidity benefits may be suspended due to circumstances leading to the loss of French nationality for the period during which such nationality is deprived. The Committee recalls that the list of grounds for suspension of benefits established by Article 69 of the Convention does not provide for suspension in such a case.

The Committee also notes that section 53 of Order No. 132/F3 provides for the suspension of invalidity benefits in the case of a conviction for a felony for the duration of the sentence. In this regard, the Committee recalls that under Article 69(b) of the Convention, a benefit may be suspended as long as the person concerned is maintained at public expense, or at the expense of a social security institution or service, subject to any portion of the benefit in excess of the value of such maintenance being granted to the dependants of the beneficiary.

The Committee requests the Government to provide information on the measures taken to ensure that the grounds for suspending benefits are in accordance with Article 69 of the Convention.

Article 70 of Convention No. 102.Appeal and complaint mechanisms. The Committee notes that the Government does not specify how the right to appeal is granted in relation to maternity, invalidity and survivors’ benefits. The Committee requests the Government to provide information on this matter.

Article 71(3) and Article 72(2) of Convention No. 102.(i) General responsibility of the State. The Committee recalls that, in its previous comments under the Workmen’s Compensation (Agriculture) Convention, 1921 (No. 12) and the Workmen’s Compensation (Accidents) Convention, 1925 (No. 17), it noted the information on various issues relating to the functioning of social security institutions, in particular the failure to comply with the obligation to register workers with social security institutions and the failure of the State to comply with the requirement to register workers with a social security institution and the failure of the State to comply with the requirement to pay the contributions for which it is responsible. The Committee requests the Government to provide information on the measures taken to ensure the proper administration of social security institutions and services and the due provision of benefits.

(ii) Actuarial studies and calculations. The Government indicates that actuarial studies concerning old-age, invalidity and survivors’ benefits are being carried out with the technical assistance of the ILO. The Committee requests the Government to provide information on the results of these actuarial studies.

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

Updating of the schedule of occupational diseases. The Committee notes that, according to the Government, Order No. 59-73 of 25 April 1959 does not cover all the occupational diseases listed in the table under Article 2 of the Convention. According to the Government, a study must be undertaken to determine the occupational diseases that might be included in the national schedule. It is also necessary to introduce a supervisory mechanism and to establish an occupational health service in this area. The Committee wishes to point out that, from the legal standpoint, the respect of the schedule of occupational diseases contained under Article 2 of the Convention is binding under the international obligations assumed by Comoros, given that article 10 of the Constitution of the Union of Comoros stipulates that ratified treaties have a higher authority than that of laws. The Government is therefore obliged to acknowledge that the diseases in the schedule are occupational diseases and consequently compensate the workers who have suffered from their effects. It is also up to the Government to duly inform the national competent institutions and jurisdictions and to ensure that they adhere to the international obligations agreed upon by Comoros. In this respect, the Committee concurs with the Government that a first step towards applying the Convention and acquiring all the necessary expertise would be to establish an occupational health department entrusted with diagnosing the illnesses contained in the Convention in the corresponding sectors of activity. The Government is requested to provide information on the measures taken or envisaged in this respect.

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

The Committee notes with regret that the Government’s report has not been received. However, it notes the new information sent by the Workers Confederation of Comoros (CTC) on 27 August 2013 reporting the absence of progress in the recognition and compensation of occupational diseases and absence of doctors in the country specializing in occupational health. According to the CTC, no institution takes responsibility for issues relating to occupational diseases, and the courts are not aware of the existence of the Convention and annexed Schedule of occupational diseases. The Committee recalls that, in its previous comments in 2011, the CTC reported, as the Federation of Autonomous Comoran Workers’ Organizations (USATC) already had in 2000, the absence of a technical structure for the recognition of occupational diseases and national supervisory machinery. The Committee also recalls that in 2007 the Government indicated that it was aware of the need to establish an occupational health service and indicated that a study was being prepared on the basis for adopting a national occupational safety and health policy. In its observations of 2007 and 2012, the Committee drew the Government’s attention to the need to repeal Order No. 59 73 of 25 April 1959, which has fallen into abeyance, and to replace it with a new legislative text recognizing the occupational origin of the diseases set out in the Schedule appended to Article 2 of the Convention. The Committee requests the Government to provide a detailed report for examination at its next session and to inform it of measures taken since 2007 to guarantee the proper application of the Convention in law and practice.

[The Government is asked to reply in detail to the present comments in 2014.]

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

Article 2 of the Convention. National schedule of occupational diseases. For many years, the Committee has been drawing the Government’s attention to the need to amend Order No. 59-73 of 25 April 1959 as the schedules annexed to it do not cover all the occupational diseases listed in Article 2 of the Convention. In this respect, the Government indicates in its last report that Order No. 59-73 referred to above has become obsolete and that the schedule of occupational diseases applicable in Comoros is that appended to Article 2 of the Convention. This schedule is communicated to enterprise doctors and to employers’ and workers’ organizations. While taking due note of this information, the Committee considers that it would be more appropriate, particularly with a view to achieving greater clarity and legal security, for the Government to formally repeal the above Order and replace it with a new legislative text recognizing the occupational origin of the diseases in the Schedule attached to Article 2 of the Convention. That would also provide an opportunity to adopt all the technical measures in this respect, thereby guaranteeing the proper operation of the system for the recognition of occupational diseases, for example, by establishing the conditions for the recognition of occupational diseases by physicians who are duly trained in this respect or by establishing minimum periods of exposure to the toxic substances and agents contained in the schedule.

Operation of the system for the recognition of occupational diseases. With reference to the comments made previously by the Union of Autonomous Trade Unions of Workers of Comoros (USATC) reporting the absence of a technical structure for the recognition of occupational diseases and of a national supervisory mechanism, the Committee notes the Government’s indication that it is aware of the need to establish an occupational health service in this respect. Among the initiatives taken in this regard, the Government refers to a survey on occupational health undertaken by the General Directorate of Labour at the enterprise level. It also indicates that a study on the basis for a national occupational safety and health policy is currently being prepared. The Committee takes due note of this information and observes that the Government would like to benefit from the technical assistance of the Office with a view to the establishment of a national statistical service. The Committee hopes that the ILO will be in a position to provide the assistance requested in the very near future and that this will also be an occasion to assist the national authorities to improve the operation of the National Social Insurance Fund in general.

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

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

Article 2 of the Convention. National schedule of occupational diseases. For many years, the Committee has been drawing the Government’s attention to the need to amend Order No. 59-73 of 25 April 1959 as the schedules annexed to it do not cover all the occupational diseases listed in Article 2 of the Convention. In this respect, the Government indicates in its last report that Order No. 59-73 referred to above has become obsolete and that the schedule of occupational diseases applicable in Comoros is that appended to Article 2 of the Convention. This schedule is communicated to enterprise doctors and to employers’ and workers’ organizations. While taking due note of this information, the Committee considers that it would be more appropriate, particularly with a view to achieving greater clarity and legal security, for the Government to formally repeal the above Order and replace it with a new legislative text recognizing the occupational origin of the diseases in the Schedule attached to Article 2 of the Convention. That would also provide an opportunity to adopt all the technical measures in this respect, thereby guaranteeing the proper operation of the system for the recognition of occupational diseases, for example, by establishing the conditions for the recognition of occupational diseases by physicians who are duly trained in this respect or by establishing minimum periods of exposure to the toxic substances and agents contained in the schedule.

Operation of the system for the recognition of occupational diseases. With reference to the comments made previously by the Union of Autonomous Organizations of Comoron Workers (USATC) reporting the absence of a technical structure for the recognition of occupational diseases and of a national supervisory mechanism, the Committee notes the Government’s indication that it is aware of the need to establish an occupational health service in this respect. Among the initiatives taken in this regard, the Government refers to a survey on occupational health undertaken by the General Directorate of Labour at the enterprise level. It also indicates that a study on the basis for a national occupational safety and health policy is currently being prepared. The Committee takes due note of this information and observes that the Government would like to benefit from the technical assistance of the Office with a view to the establishment of a national statistical service. The Committee hopes that the ILO will be in a position to provide the assistance requested in the very near future and that this will also be an occasion to assist the national authorities to improve the operation of the National Social Insurance Fund in general.

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

The Committee notes the information supplied by the Government in its report. It also notes the comments sent by the Union of Autonomous Organizations of Comoran Workers (USATC) and the Government’s reply to them.

For many years the Committee has been drawing the Government’s attention to the need to amend Order No. 59-73 of 25 April 1959 to the extent that the schedules to it do not allow all the occupational diseases listed in Article 2 of the Convention to be covered. In its report, the Government states that texts or amendments relating to labour legislation must be submitted for the approval of the Labour Council before being adopted. This tripartite institution established by the 1984 Labour Code has been unable to operate as yet, thus blocking labour legislation. The Government adds that there has been progress in the area of social security, thanks in particular to technical assistance from the ILO, which is participating in the drafting of new texts to take account of the present-day situation in the Comoros and the provisions of international labour Conventions. As part of this process, the Government plans to take into account the Committee’s comments on Order No. 59-73. The Committee takes due note of this information. It also notes, in connection with the comments of the USATC on the lack of any technical body to determine the occupational nature of diseases and of a national supervisory mechanism, that the Government acknowledges the need to improve the working of the National Social Welfare Fund which is somewhat lethargic. In these circumstances, the Committee expresses the hope that with technical assistance from the ILO the Government will be able to take all necessary measures to ensure that the National Social Welfare Fund functions properly and to amend Order No. 59-73 of 1959 to take account of the following points.

Article 2.  (a)  The schedules to Order No. 59-73 of 25 April 1959 contain, in the left-hand column, a restrictive list of pathological manifestations giving rise to entitlement to compensation for poisoning by lead, occupational benzoylism and arsenic poisoning, whereas the Convention, which is drafted in general terms on this point, includes all pathological manifestations attributable to the conditions listed in the left-hand column of its schedule when they are contracted by workers belonging to the corresponding trades, industries or processes that appear in the right-hand column of the same schedule. It shall therefore be specified in the left‑hand column of the schedules to the abovementioned legislation that the list of symptoms and pathological manifestations is only indicative, as has been done in the right-hand column of the schedules in question. (A possible solution would be to add, for example, at the beginning of the list under the description of the various conditions, the words "including" or "principal diseases …".)

(b)  Moreover, the schedules to Order No. 59-73 of 25 April 1959 do not mention the following conditions or the activities likely to cause them, which appear in the schedule to the Convention:

(i)  poisoning by mercury, its amalgams and compounds and their sequelae,

(ii)  poisoning by phosphorus and its compounds, and its sequelae,

(iii)  poisoning by halogen derivatives of hydrocarbons of the aliphatic series,

(iv)  anthrax infection,

(v)  pathological manifestations due to radiation,

(vi)  primary epitheliomatous cancer of the skin (the national legislation mentions only certain forms of dermatosis caused by the use of lubricants in metalwork, whereas the initial Convention is much broader in scope in this respect).

(c)  Lastly, the national legislation covers, in respect of arsenic, only its compounds with oxygen or sulphur and, in respect of benzene, only its homologues without referring to their nitro- and amino- derivatives.

The Committee hopes that in its next report the Government will be able to provide information on measures adopted that mark real progress in the application of the Convention. It asks the Government to provide copies of any texts that it adopts to this end.

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

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:

In reply to the Committee's previous comments, the Government states that the Federal Assembly has been dissolved following an important political crisis and that, once the new Assembly has been established, it will submit for adoption the draft text amending Order No. 59-73 of 25 April 1959. In view of the fact that it has been raising this matter for several years, the Committee expresses the firm hope that it will be possible for the schedules to the above Order to be modified in the near future in order to bring the national legislation into full conformity with the Convention on the following points:

Article 2. (a) The schedules to Order No. 59-73 of 25 April 1959 contain, in the left-hand column, a restrictive list of pathological manifestations giving rise to entitlement to compensation for poisoning by lead, occupational benzolism and arsenic poisoning, whereas the Convention, which is drafted in general terms on this point, includes all pathological manifestations attributable to the conditions listed in the left-hand column of its schedule, when they are contracted by workers belonging to the corresponding trades, industries or processes that appear in the right-hand column of the same schedules. It should therefore be specified in the left-hand column of the schedules to the above-mentioned legislation that the list of symptoms and pathological manifestations is only indicative, as it is in the right-hand column of the schedules in question. (A possible solution would be to add, for example, at the beginning of the list, under the description of the various conditions, the words "including" or "principal diseases ...".)

(b) Moreover, the schedules to Order No. 59-73 of 25 April 1959 do not mention the following conditions or the activities likely to cause them, which appear in the schedule to the Convention:

(i) poisoning by mercury, its amalgams and compounds and their sequelae;

(ii) poisoning by phosphorus or its compounds, and its sequelae;

(iii) poisoning by the halogen derivatives of hydrocarbons of the aliphatic series;

(iv) anthrax infection;

(v) pathological manifestations due to radiation;

(vi) primary epitheliomatous cancer of the skin (the national legislation mentions only certain forms of dermatosis caused by the use of lubricants in metalwork, whereas the Convention is much broader in scope in this respect).

(c) Lastly, the national legislation covers, in respect of arsenic, only its compounds with oxygen or sulphur and, in respect of benzene, only its homologues, without referring to their nitro- and amino-derivatives.

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

In reply to the Committee's previous comments, the Government states that the Federal Assembly has been dissolved following an important political crisis and that, once the new Assembly has been established, it will submit for adoption the draft text amending Order No. 59-73 of 25 April 1959. In view of the fact that it has been raising this matter for several years, the Committee expresses the firm hope that it will be possible for the schedules to the above Order to be modified in the near future in order to bring the national legislation into full conformity with the Convention on the following points:

Article 2. (a) The schedules to Order No. 59-73 of 25 April 1959 contain, in the left-hand column, a restrictive list of pathological manifestations giving rise to entitlement to compensation for poisoning by lead, occupational benzolism and arsenic poisoning, whereas the Convention, which is drafted in general terms on this point, includes all pathological manifestations attributable to the conditions listed in the left-hand column of its schedule, when they are contracted by workers belonging to the corresponding trades, industries or processes that appear in the right-hand column of the same schedules. It should therefore be specified in the left-hand column of the schedules to the above-mentioned legislation that the list of symptoms and pathological manifestations is only indicative, as it is in the right-hand column of the schedules in question. (A possible solution would be to add, for example, at the beginning of the list, under the description of the various conditions, the words "including" or "principal diseases ...".)

(b) Moreover, the schedules to Order No. 59-73 of 25 April 1959 do not mention the following conditions or the activities likely to cause them, which appear in the schedule to the Convention:

(i) poisoning by mercury, its amalgams and compounds and their sequelae;

(ii) poisoning by phosphorus or its compounds, and its sequelae;

(iii) poisoning by the halogen derivatives of hydrocarbons of the aliphatic series;

(iv) anthrax infection;

(v) pathological manifestations due to radiation;

(vi) primary epitheliomatous cancer of the skin (the national legislation mentions only certain forms of dermatosis caused by the use of lubricants in metalwork, whereas the Convention is much broader in scope in this respect).

(c) Lastly, the national legislation covers, in respect of arsenic, only its compounds with oxygen or sulphur and, in respect of benzene, only its homologues, without referring to their nitro- and amino-derivatives.

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

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:

In reply to the Committee's previous comments, the Government indicates that the adoption of the new rules of the Social Provident Fund, which was to take place before the modification of Order No. 59-73 of 25 April 1959, has been delayed owing to difficulties within the Fund. It adds that it is nevertheless planning to submit a draft modifying the existing text to the Federal Assembly, which will take account of the provisions of Article 2 of the Convention so as to bring the national legislation into conformity with the provisions of this instrument. The Committee takes note of this information. Since it has been raising this matter in its comments for several years, the Committee hopes that it will be possible for the schedules to Order No. 59-73 of 25 April 1959 to be modified in the near future and that the Government will take account of the following points:

Article 2. (a) The schedules to Order No. 59-73 of 25 April 1959 contain, in the left-hand column, a restrictive list of pathological manifestations giving rise to entitlement to compensation for poisoning by lead, occupational benzolism and arsenic poisoning, whereas the Convention, which is drafted in general terms on this point, includes all pathological manifestations attributable to the conditions listed in the left-hand column of its schedule, when they are contracted by workers belonging to the corresponding trades, industries or processes that appear in the right-hand column of the same schedule. It should therefore be specified in the left-hand column of the schedules of the above-mentioned legislation that the list of symptoms and pathological manifestations is only indicative, as it is in the right-hand column of the schedules in question. (A possible solution would be to add, for example, at the beginning of the list, under the description of the various conditions, the words "including" or "principal diseases ... .")

(b) Moreover, the schedules to Order No. 59-73 of 25 April 1959 do not mention the following conditions or the activities likely to cause them, which appear in the schedule to the Convention:

(i) poisoning by mercury, its amalgams and compounds and their sequelae;

(ii) poisoning by phosphorus or its compounds and its sequelae;

(iii) poisoning by the halogen derivatives of hydrocarbons of the aliphatic series;

(iv) anthrax infection;

(v) pathological manifestations due to radiation;

(vi) primary epitheliomatous cancer of the skin (the national legislation mentions only certain forms of dermatosis caused by the use of lubricants in metalwork, whereas the Convention is much broader in scope in this respect).

(c) Lastly, the national legislation covers, in respect of arsenic, only its compounds with oxygen or sulphur and, in respect of benzene, only its homologues, without referring to their nitro- and amido-derivatives.

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

In reply to the Committee's previous comments, the Government indicates that the adoption of the new rules of the Social Provident Fund, which was to take place before the modification of Order No. 59-73 of 25 April 1959, has been delayed owing to difficulties within the Fund. It adds that it is nevertheless planning to submit a draft modifying the existing text to the Federal Assembly, which will take account of the provisions of Article 2 of the Convention so as to bring the national legislation into conformity with the provisions of this instrument. The Committee takes note of this information. Since it has been raising this matter in its comments for several years, the Committee hopes that it will be possible for the schedules to Order No. 59-73 of 25 April 1959 to be modified in the near future and that the Government will take account of the following points:

Article 2. (a) The schedules to Order No. 59-73 of 25 April 1959 contain, in the left-hand column, a restrictive list of pathological manifestations giving rise to entitlement to compensation for poisoning by lead, occupational benzolism and arsenic poisoning, whereas the Convention, which is drafted in general terms on this point, includes all pathological manifestations attributable to the conditions listed in the left-hand column of its schedule, when they are contracted by workers belonging to the corresponding trades, industries or processes that appear in the right-hand column of the same schedule. It should therefore be specified in the left-hand column of the schedules of the above-mentioned legislation that the list of symptoms and pathological manifestations is only indicative, as it is in the right-hand column of the schedules in question. (A possible solution would be to add, for example, at the beginning of the list, under the description of the various conditions, the words "including" or "principal diseases ... .")

(b) Moreover, the schedules to Order No. 59-73 of 25 April 1959 do not mention the following conditions or the activities likely to cause them, which appear in the schedule to the Convention:

(i) poisoning by mercury, its amalgams and compounds and their sequelae;

(ii) poisoning by phosphorus or its compounds and its sequelae;

(iii) poisoning by the halogen derivatives of hydrocarbons of the aliphatic series;

(iv) anthrax infection;

(v) pathological manifestations due to radiation;

(vi) primary epitheliomatous cancer of the skin (the national legislation mentions only certain forms of dermatosis caused by the use of lubricants in metalwork, whereas the Convention is much broader in scope in this respect).

(c) Lastly, the national legislation covers, in respect of arsenic, only its compounds with oxygen or sulphur and, in respect of benzene, only its homologues, without referring to their nitro- and amido-derivatives.

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 matter raised in its previous direct request, which read as follows:

The Committee notes with interest that the Government will take into account the provisions of Article 2 of the Convention when it modifies Order No. 59-73 of 25 April 1959, and that this modification will take place after the adoption of the new rules of the Social Provident Fund. The Committee hopes that the modification will soon take place and that the Government will take account of the following points:

Article 2 of the Convention. (a) The schedules appended to Order No. 59-73 of 25 April 1959 contain, in the left-hand column, a restrictive list of pathological manifestations giving the right to compensation for poisoning by lead, occupational benzolism and arsenic poisoning, whereas the Convention, which is drafted on this point in general terms, includes all pathological manifestations attributable to the conditions listed in the left-hand column of its schedule, when they are contracted by workers belonging to the corresponding trades, industries or processes that appear in the right-hand column of the same schedule. It should therefore be specified in the left-hand column of the schedules of the above-mentioned legislation that the list of symptoms and pathological manifestations is only indicative, as is done in the right-hand column of the schedules in question. A possible solution would be to add, for example, at the beginning of this list and under the description of the various conditions, the words "including" or "principal diseases ...".

(b) Moreover, the schedules appended to Order No. 59-73 of 25 April 1959 do not contain the following conditions or the activities likely to cause them, which appear in the schedule of the Convention:

(i) poisoning by mercury, its amalgams and compounds and their sequelae;

(ii) poisoning by phosphorus or its compounds and its sequelae;

(iii) poisoning by the halogen derivatives of hydrocarbons of the aliphatic series;

(iv) anthrax infection;

(v) pathological manifestations due to radiations;

(vi) primary epitheliomatous cancer of the skin (the national legislation mentions only certain forms of dermatosis caused by the employment of lubricants in metalwork, whereas the Convention is much broader in scope in this respect).

(c) Lastly, the national legislation covers, in respect of arsenic, only its compounds with oxygen or sulphur and, in respect of benzene, only its homologues, without referring to their nitro- and amido-derivatives.