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

Direct Request (CEACR) - adopted 2024, published 113rd ILC session (2025)

Article 5 of the Convention. Payment of worker’s compensation to survivors. The Committee takes note of the information provided by the Government in its report that survivors are entitled to pension due to the death of the breadwinner, provided that the entitlement conditions are met. The Committee further notes that, according to section 85(1) of Decree Law No. 19-2022 of 15 July, survivors are entitled to respective benefits provided that workers who suffered an employment injury were entitled to invalidity or old-age pensions at the time of their death.

Article 7.Additional compensation when the victim needs the constant assistance of another person. The Committee notes the Government's indication that additional compensation would be provided by Decree-Law No. 25-2014. The Committee notes that this decree appears to have been replaced by Decree-Law No. 19-2022, and that neither of these decrees provides for additional compensation when the victim of an accident at work needs the constant assistance of another person. In this context, the Committee once again requests the Government to provide information regarding the legal provisions guaranteeing the additional compensation, including its level and the conditions for its payment.

Articles 9 and 10. Provision of surgical care and renewal of prosthetic limbs and orthopaedic devices. The Committee takes note of the information that victims of employment injuries receive medical care and related benefits conferred on them by law once they have been registered with the Social Security Services. The Committee notes, however, that the Government does not indicate the legal provisions or national policy framework that guarantees the provision of surgical care or prosthetic limbs and orthopaedic devices. The Committee further notes that, according to the National Development Health Plan (2017–2021), the improvement of access to health services for people with disabilities was among the objectives of the Government. The Committee requests the Government to provide information regarding the legal provisions guaranteeing surgical care and renewal of prosthetic limbs and orthopaedic devices to victims of employment injuries, and to indicate the measures adopted or envisaged in the context of the National Development Health Plan in this regard.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

Articles 5, 7, 9 and 10 of the Convention. The Committee reiterates its request to the Government to indicate if any implementing regulations under Act No. 7 of 2004 on social protection have been adopted and, if not, what other measures were taken in order to give effect to the following Articles of the Convention: Article 5 (requirement to provide benefits for permanent partial incapacity); Article 7 (supplementary benefits where the victim needs the constant help of another person); and Articles 9 and 10 (the necessity to provide surgical care and the normal renewal of such artificial limbs and surgical appliances as are recognized to be necessary).

Conclusions and recommendations of the Standards Review Mechanism. The Committee notes that, at its 328th Session in October 2016, the Governing Body of the ILO adopted the conclusions and recommendations formulated by the Standards Review Mechanism Tripartite Working Group (SRM TWG), recalling that Conventions Nos 17 and 18 to which Sao Tome and Principe is party are outdated and charging the Office with follow-up work aimed at encouraging States party only to these Conventions to ratify the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and/or the Social Security (Minimum Standards) Convention, 1952 (No. 102), and accept the obligations in its Part VI, as these represent the most up-to-date instruments in this subject area. The Committee reminds the Government of the availability of ILO technical assistance in this regard.

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

The Committee notes with regret that the report provided by the Government in 2013 is identical to the report received in 2007 and does not provide any information on the current situation in the country. In this situation, the Committee is bound to repeat its request and hopes that, when adopting the regulations under Act No. 7 of 2004 on social protection, the Government will take into account the comments made on the application of the following Articles of the Convention: Article 5 (requirement to provide benefits for permanent partial incapacity); Article 7 (supplementary benefits where the victim needs the constant help of another person); and Articles 9 and 10 (the necessity to provide surgical care and the normal renewal of such artificial limbs and surgical appliances as are recognized to be necessary).

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

With reference to its previous comments, the Committee takes note of the information provided by the Government referring to the adoption of Framework Act No. 7 of 2004 on social protection. It notes with satisfaction that, in conformity with Article 2, paragraph 1, of the Convention, the above Act no longer prescribes a maximum age for purposes of affiliation to social security, including with respect to occupational risks. The Committee also notes with satisfaction that the affiliation of foreign workers to social security is not made conditional upon the existence of bilateral conventions on social security with their countries of origin.

The Committee notes the Government’s statement that the implementing regulations of the above Act are to be adopted soon and would be grateful to be kept informed of any developments in this respect and to receive copies of these regulations once adopted. It trusts that, on this occasion, the Government will duly take into account the provisions of the Convention as well as the questions it had raised previously with respect to the application of Articles 5 (benefits for permanent partial incapacity), 7 (supplementary benefit where the victim needs the constant help of another person), and 9 and 10 (surgical care and supply and normal renewal of such artificial limbs and surgical appliances as are recognized to be necessary) of the Convention.

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)

With reference to its previous comments, the Committee takes note of the information provided by the Government in its report referring to the adoption of Framework Act No. 7 of 2004 on social protection. It notes with satisfaction that, in conformity with Article 2, paragraph 1, of the Convention, the above Act no longer prescribes a maximum age for purposes of affiliation to social security, including with respect to occupational risks. The Committee also notes with satisfaction that the affiliation of foreign workers to social security is not made conditional upon the existence of bilateral conventions on social security with their countries of origin.

The Committee notes the Government’s statement that the implementing regulations of the above Act are to be adopted soon and would be grateful to be kept informed of any developments in this respect and to receive copies of these regulations once adopted. It trusts that, on this occasion, the Government will duly take into account the provisions of the Convention as well as the questions it had raised previously with respect to the application of Articles 5 (benefits for permanent partial incapacity), 7 (supplementary benefit where the victim needs the constant help of another person), and 9 and 10 (surgical care and supply and normal renewal of such artificial limbs and surgical appliances as are recognized to be necessary) of the Convention.

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

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:

1. The Committee notes that the process to revise Act No. 1/90 on social security has not yet been completed because of the delay in the PROSOCIAL project (social protection development project in Portuguese-speaking African countries), part of which was to formulate proposals for the amendment of the above Act. The Committee hopes that it will be possible, as a part of the multilateral cooperation programme (ILO – Portugal – Sao Tome and Principe), to amend the Social Security Act and that account will be taken of the following comments.

Article 2, paragraph 1, of the Convention. (a) Referring to section 16 of Act No. 1/90 which establishes, contrary to this provision of the Convention, that the upper age limit for joining the social security scheme is 47 years for men and 42 years for women, the Government states that there is a proposal to set the limit at 50 years for both men and women. While noting this proposal, the Committee is bound to remind the Government that the Convention establishes no age limit for eligibility to the protection it ensures. The Committee accordingly hopes that, in the revision of Act No. 1/90, the age limits will be abolished to allow older workers to be covered by the social security scheme, particularly in respect of protection in the event of industrial accidents.

(b) Under section 12 of Act No. 1/90, the general social security scheme may cover foreign workers who carry on an activity in Sao Tome and Principe where an agreement or a convention concluded with the country of origin of the foreign worker so provides. In its previous comments the Committee pointed out in this connection that the Convention applies to all foreigners, whether or not there are any agreements with their country of origin. In its last report, the Government states that section 12 of the Social Security Act will be examined and that, in practice, anyone working and paying contributions is covered by the protection guaranteed by the social security system. That being so, in the Committee’s view, it will be all the easier to amend Act No. 1/90 so that foreign workers, regardless of their countries of origin, are expressly covered by the general social security scheme and may thus receive the benefits ensured by the Convention in the event of industrial accident.

(c) The Committee trusts that in revising Act No. 1/90 it will possible, as the Government states, to introduce a provision expressly establishing that apprentices are covered by the Act, in accordance with this provision of the Convention.

Article 5. Under section 84(2) of Act No. 1/90, the pension for permanent incapacity is paid only if the injured person’s capacity to work is so reduced that he is unable to realize one-third of his earning capacity. In its previous reports, the Government noted that the pension for permanent incapacity was payable only in the event of total or irreversible incapacity. The Committee again expresses the hope that, in its revised version, Act No. 1/90 will provide for compensation in the form of periodical payments to be payable also in the event of partial permanent incapacity incurring a substantial loss of earning capacity, in accordance with the assurances given by the Government in its last report.

Article 6. Referring to the Committee’s previous comments, the Government confirms that there is a period during which a worker whose ill health continues beyond 24 months and whose permanent incapacity has not yet been pronounced by the Health Council may be unprotected (section 92 read in conjunction with section 95 of Act No. 1/90). The Committee hopes that in the revision of the above Act, this situation will, as the Government states, be taken into account.

Article 7. The Government states in its report that in the revision of Act No. 1/90, additional compensation will be laid down by law for injured persons whose incapacity is such that they require the constant help of another person. The Committee hopes that this will indeed be the case.

Article 8. The Committee recalls that the provisions of section 61, under which the social insurance service may request a review of the invalidity status of the insured person when there are signs of a change, do not apply to invalidity incurred by occupational accident pursuant to section 56(3) of Act No. 1/90. The Committee hopes that the new Act will provide for procedures for the review of compensation due in the event of occupational accidents where there is a change in the status of the injured person, in accordance with Article 8 of the Convention.

2. Articles 9 and 10. In reply to the Committee’s previous comments, the Government confirms that medical, surgical and pharmaceutical aid and the supply of artificial limbs and surgical appliances are ensured by the national health system, pursuant to Legislative Decree No. 18/86. The Committee once again requests the Government to state exactly which legislative provisions ensure the care provided by the Convention for persons injured in industrial accidents, the nature of such care and the hospitals or other medical institutions providing it. Please provide copies of the relevant provisions.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

1. The Committee notes the Government’s last report. It notes the information that the process to revise Act No. 1/90 on social security has not yet been completed because of the delay in the PROSOCIAL project (social protection development project in Portuguese-speaking African countries), part of which was to formulate proposals for the amendment of the above Act. The Committee hopes that it will be possible, as a part of the multilateral cooperation programme (ILO - Portugal - Sao Tome and Principe), to amend the Social Security Act and that account will be taken of the following comments.

Article 2, paragraph 1, of the Convention. (a) Referring to section 16 of Act No. 1/90 which establishes, contrary to this provision of the Convention, that the upper age limit for joining the social security scheme is 47 years for men and 42 years for women, the Government states that there is a proposal to set the limit at 50 years for both men and women. While noting this proposal, the Committee is bound to remind the Government that the Convention establishes no age limit for eligibility to the protection it ensures. The Committee accordingly hopes that, in the revision of Act No. 1/90, the age limits will be abolished to allow older workers to be covered by the social security scheme, particularly in respect of protection in the event of industrial accidents.

(b) Under section 12 of Act No. 1/90, the general social security scheme may cover foreign workers who carry on an activity in Sao Tome and Principe where an agreement or a convention concluded with the country of origin of the foreign worker so provides. In its previous comments the Committee pointed out in this connection that the Convention applies to all foreigners, whether or not there are any agreements with their country of origin. In its last report, the Government states that section 12 of the Social Security Act will be examined and that, in practice, anyone working and paying contributions is covered by the protection guaranteed by the social security system. That being so, in the Committee’s view, it will be all the easier to amend Act No. 1/90 so that foreign workers, regardless of their countries of origin, are expressly covered by the general social security scheme and may thus receive the benefits ensured by the Convention in the event of industrial accident.

(c) The Committee trusts that in revising Act No. 1/90 it will possible, as the Government states, to introduce a provision expressly establishing that apprentices are covered by the Act, in accordance with this provision of the Convention.

Article 5. Under section 84(2) of Act No. 1/90, the pension for permanent incapacity is paid only if the injured person’s capacity to work is so reduced that he is unable to realize one-third of his earning capacity. In its previous reports, the Government noted that the pension for permanent incapacity was payable only in the event of total or irreversible incapacity. The Committee again expresses the hope that, in its revised version, Act No. 1/90 will provide for compensation in the form of periodical payments to be payable also in the event of partial permanent incapacity incurring a substantial loss of earning capacity, in accordance with the assurances given by the Government in its last report.

Article 6. Referring to the Committee’s previous comments, the Government confirms that there is a period during which a worker whose ill health continues beyond 24 months and whose permanent incapacity has not yet been pronounced by the Health Council may be unprotected (section 92 read in conjunction with section 95 of Act No. 1/90). The Committee hopes that in the revision of the above Act, this situation will, as the Government states, be taken into account.

Article 7. The Government states in its report that in the revision of Act No. 1/90, additional compensation will be laid down by law for injured persons whose incapacity is such that they require the constant help of another person. The Committee hopes that this will indeed be the case.

Article 8. The Committee recalls that the provisions of section 61, under which the social insurance service may request a review of the invalidity status of the insured person when there are signs of a change, do not apply to invalidity incurred by occupational accident pursuant to section 56(3) of Act No. 1/90. The Committee hopes that the new Act will provide for procedures for the review of compensation due in the event of occupational accidents where there is a change in the status of the injured person, in accordance with Article 8 of the Convention.

2. Articles 9 and 10. In reply to the Committee’s previous comments, the Government confirms that medical, surgical and pharmaceutical aid and the supply of artificial limbs and surgical appliances are ensured by the national health system, pursuant to Legislative Decree No. 18/86. The Committee once again requests the Government to state exactly which legislative provisions ensure the care provided by the Convention for persons injured in industrial accidents, the nature of such care and the hospitals or other medical institutions providing it. Please provide copies of the relevant provisions.

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

The Committee notes with regret that for the third consecutive year 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 reads as follows:

1. The Committee notes the information provided by the Government in its last report and, in particular, the Government’s intention to revise Act No. 1/90 respecting social security. The Committee hopes, therefore, that this revision will shortly take place and that the Act, in its amended version, will give full effect to the provisions of the Convention by taking into consideration the following points.

Article 2, paragraph 1, of the Convention. (a) The Committee had noted that under 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 which is contrary to this provision of the Convention. The Committee hopes that the revision of Act No. 1/90 will enable the age limits to be abolished thereby enabling older workers to join social security schemes, in particular, schemes which offer protection in the case of industrial accidents.

(b) In its previous comments, the Committee had drawn the Government’s attention to section 12 of Act No. 1/90 which lays down that the general social security scheme may extend cover to foreign workers who carry out an activity in the territory of Sao Tome and Principe when an agreement or Convention concluded with the country of origin of the foreign worker so stipulates. The Government states that, in this respect, workers who are nationals of Portuguese-speaking Africa enjoy social security benefits, regardless of the existence of bilateral agreements to this effect. The Committee recalls that the Convention applies to all foreign workers irrespective of agreements or Conventions concluded with the country of origin of the foreign worker. Under these circumstances, the Committee hopes that following the revision of Act No. 1/90, foreign workers regardless of their country of origin will be explicitly covered by the general social security scheme and, consequently, may enjoy the benefits provided for under the Convention in the case of industrial accidents.

(c) The Committee hopes that, in conformity with this provision of the Convention, Act No. 1/90 in its amended version will include a special provision to the effect that its scope of application is extended to apprentices.

Articles 5 and 8. The Committee recalls 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 had specified, in this respect, that the pension for permanent incapacity is payable only in the event of total or irreversible incapacity. The Committee hopes that Act No. 1/90 in its amended version will include, in conformity with Article 5 of the Convention, a provision to ensure that compensation in the form of periodical payments is also provided in cases of partial permanent incapacity entailing a substantial loss of earning capacity.

Moreover, the Committee hopes that the new law will also include provisions respecting the methods of review of compensation paid in cases of industrial accidents when there is a change in the injured person’s health, in conformity with Article 8 of the Convention. (The provisions of section 61, which stipulate that the social insurance service may request a review of the invalidity when a change in the injured person’s health is indicated, are no longer applicable where invalidity is the result of an industrial accident, under section 56(3) of Act No. 1/90.)

Article 7. The Committee hopes that, in accordance with the assurances given by the Government in its report, a provision will be adopted to ensure additional compensation for injured persons when their incapacity is such that they require the constant help of another person, in accordance with this Article of the Convention.

The Committee hopes that in its next report the Government will provide detailed information on the progress achieved in the revision of Act No. 1/90. Please also provide a copy of the text when it has been adopted.

2. Moreover, the Committee would be grateful if the Government would provide information on the following points:

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

  Articles 9 and 10. With reference to its previous comments, the Committee had noted that section 28 of Act No. 1/90 covers only cash benefits and contains no provisions in respect of medical, surgical or pharmaceutical aid or the supply of artificial limbs and surgical appliances, provided for in the Convention. The Government indicates, in its report, that such assistance is ensured by the National Health System, in accordance with Legislative Decree No. 18/86, a copy of which was appended to the Government’s report. Since a copy of this text has not reached the Office, the Committee again requests the Government to specify the laws and regulations under which injured persons may receive medical, surgical and pharmaceutical aid, the nature of aid as well as the medical institutions or hospitals where such aid is provided.

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

The Committee notes with regret 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 reads as follows:

1.  The Committee notes the information provided by the Government in its last report and, in particular, the Government’s intention to revise Act No. 1/90 respecting social security. The Committee hopes, therefore, that this revision will shortly take place and that the Act, in its amended version, will give full effect to the provisions of the Convention by taking into consideration the following points:

Article 2, paragraph 1, of the Convention.  (a)  The Committee had noted that under 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 which is contrary to this provision of the Convention. The Committee hopes that the revision of Act No. 1/90 will enable the age limits to be abolished thereby enabling older workers to join social security schemes, in particular, schemes which offer protection in the case of industrial accidents.

(b)  In its previous comments, the Committee had drawn the Government’s attention to section 12 of Act No. 1/90 which lays down that the general social security scheme may extend cover to foreign workers who carry out an activity in the territory of Sao Tome and Principe when an agreement or Convention concluded with the country of origin of the foreign worker so stipulates. The Government states that, in this respect, workers who are nationals of Portuguese-speaking Africa enjoy social security benefits, regardless of the existence of bilateral agreements to this effect. The Committee recalls that the Convention applies to all foreign workers irrespective of agreements or Conventions concluded with the country of origin of the foreign worker. Under these circumstances, the Committee hopes that following the revision of Act No. 1/90, foreign workers regardless of their country of origin will be explicitly covered by the general social security scheme and, consequently, may enjoy the benefits provided for under the Convention in the case of industrial accidents.

(c)  The Committee hopes that, in conformity with this provision of the Convention, Act No. 1/90 in its amended version will include a special provision to the effect that its scope of application is extended to apprentices.

Articles 5 and 8.  The Committee recalls 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 had specified, in this respect, that the pension for permanent incapacity is payable only in the event of total or irreversible incapacity. The Committee hopes that Act No. 1/90 in its amended version will include, in conformity with Article 5 of the Convention, a provision to ensure that compensation in the form of periodical payments is also provided in cases of partial permanent incapacity entailing a substantial loss of earning capacity.

Moreover, the Committee hopes that the new law will also include provisions respecting the methods of review of compensation paid in cases of industrial accidents when there is a change in the injured person’s health, in conformity with Article 8 of the Convention. (The provisions of section 61, which stipulate that the social insurance service may request a review of the invalidity when a change in the injured person’s health is indicated, are no longer applicable where invalidity is the result of an industrial accident, under section 56(3) of Act No. 1/90.)

Article 7.  The Committee hopes that, in accordance with the assurances given by the Government in its report, a provision will be adopted to ensure additional compensation for injured persons when their incapacity is such that they require the constant help of another person, in accordance with this Article of the Convention.

The Committee hopes that in its next report the Government will provide detailed information on the progress achieved in the revision of Act No. 1/90. Please also provide a copy of the text when it has been adopted.

2.  Moreover, the Committee would be grateful if the Government would provide information on the following points:

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

Articles 9 and 10.  With reference to its previous comments, the Committee had noted that section 28 of Act No. 1/90 covers only cash benefits and contains no provisions in respect of medical, surgical or pharmaceutical aid or the supply of artificial limbs and surgical appliances, provided for in the Convention. The Government indicates, in its report, that such assistance is ensured by the National Health System, in accordance with Legislative Decree No. 18/86, a copy of which was appended to the Government’s report. Since a copy of this text has not reached the Office, the Committee again requests the Government to specify the laws and regulations under which injured persons may receive medical, surgical and pharmaceutical aid, the nature of aid as well as the medical institutions or hospitals where such aid is provided.

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:

1. The Committee notes the information provided by the Government in its last report and, in particular, the Government's intention to revise Act No. 1/90 respecting social security. The Committee hopes, therefore, that this revision will shortly take place and that the Act, in its amended version, will give full effect to the provisions of the Convention by taking into consideration the following points:

Article 2, paragraph 1, of the Convention. (a) The Committee had noted that under 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 which is contrary to this provision of the Convention. The Committee hopes that the revision of Act No. 1/90 will enable the age limits to be abolished thereby enabling older workers to join social security schemes, in particular, schemes which offer protection in the case of industrial accidents.

(b) In its previous comments, the Committee had drawn the Government's attention to section 12 of Act No. 1/90 which lays down that the general social security scheme may extend cover to foreign workers who carry out an activity in the territory of Sao Tome and Principe when an agreement or Convention concluded with the country of origin of the foreign worker so stipulates. The Government states that, in this respect, workers who are nationals of Portuguese-speaking Africa enjoy social security benefits, regardless of the existence of bilateral agreements to this effect. The Committee recalls that the Convention applies to all foreign workers irrespective of agreements or Conventions concluded with the country of origin of the foreign worker. Under these circumstances, the Committee hopes that following the revision of Act No. 1/90, foreign workers regardless of their country of origin will be explicitly covered by the general social security scheme and, consequently, may enjoy the benefits provided for under the Convention in the case of industrial accidents.

(c) The Committee hopes that, in conformity with this provision of the Convention, Act No. 1/90 in its amended version will include a special provision to the effect that its scope of application is extended to apprentices.

Articles 5 and 8. The Committee recalls 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 had specified, in this respect, that the pension for permanent incapacity is payable only in the event of total or irreversible incapacity. The Committee hopes that Act No. 1/90 in its amended version will include, in conformity with Article 5 of the Convention, a provision to ensure that compensation in the form of periodical payments is also provided in cases of partial permanent incapacity entailing a substantial loss of earning capacity.

Moreover, the Committee hopes that the new law will also include provisions respecting the methods of review of compensation paid in cases of industrial accidents when there is a change in the injured person's health, in conformity with Article 8 of the Convention. (The provisions of section 61, which stipulate that the social insurance service may request a review of the invalidity when a change in the injured person's health is indicated, are no longer applicable where invalidity is the result of an industrial accident, under section 56(3) of Act No. 1/90.)

Article 7. The Committee hopes that, in accordance with the assurances given by the Government in its report, a provision will be adopted to ensure additional compensation for injured persons when their incapacity is such that they require the constant help of another person, in accordance with this Article of the Convention.

The Committee hopes that in its next report the Government will provide detailed information on the progress achieved in the revision of Act No. 1/90. Please also provide a copy of the text when it has been adopted.

2. Moreover, the Committee would be grateful if the Government would provide information on the following points:

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

Articles 9 and 10. With reference to its previous comments, the Committee had noted that section 28 of Act No. 1/90 covers only cash benefits and contains no provisions in respect of medical, surgical or pharmaceutical aid or the supply of artificial limbs and surgical appliances, provided for in the Convention. The Government indicates, in its report, that such assistance is ensured by the National Health System, in accordance with Legislative Decree No. 18/86, a copy of which was appended to the Government's report. Since a copy of this text has not reached the Office, the Committee again requests the Government to specify the laws and regulations under which injured persons may receive medical, surgical and pharmaceutical aid, the nature of aid as well as the medical institutions or hospitals where such aid is provided.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

1. The Committee notes the information provided by the Government in its last report and, in particular, the Government's intention to revise Act No. 1/90 respecting social security. The Committee hopes, therefore, that this revision will shortly take place and that the Act, in its amended version, will give full effect to the provisions of the Convention by taking into consideration the following points:

Article 2, paragraph 1, of the Convention. (a) The Committee had noted that under 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 which is contrary to this provision of the Convention. The Committee hopes that the revision of Act No. 1/90 will enable the age limits to be abolished thereby enabling older workers to join social security schemes, in particular, schemes which offer protection in the case of industrial accidents.

(b) In its previous comments, the Committee had drawn the Government's attention to section 12 of Act No. 1/90 which lays down that the general social security scheme may extend cover to foreign workers who carry out an activity in the territory of Sao Tome and Principe when an agreement or Convention concluded with the country of origin of the foreign worker so stipulates. The Government states that, in this respect, workers who are nationals of Portuguese-speaking Africa enjoy social security benefits, regardless of the existence of bilateral agreements to this effect. The Committee recalls that the Convention applies to all foreign workers irrespective of agreements or Conventions concluded with the country of origin of the foreign worker. Under these circumstances, the Committee hopes that following the revision of Act No. 1/90, foreign workers regardless of their country of origin will be explicitly covered by the general social security scheme and, consequently, may enjoy the benefits provided for under the Convention in the case of industrial accidents.

(c) The Committee hopes that, in conformity with this provision of the Convention, Act No. 1/90 in its amended version will include a special provision to the effect that its scope of application is extended to apprentices.

Articles 5 and 8. The Committee recalls 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 had specified, in this respect, that the pension for permanent incapacity is payable only in the event of total or irreversible incapacity. The Committee hopes that Act No. 1/90 in its amended version will include, in conformity with Article 5 of the Convention, a provision to ensure that compensation in the form of periodical payments is also provided in cases of partial permanent incapacity entailing a substantial loss of earning capacity.

Moreover, the Committee hopes that the new law will also include provisions respecting the methods of review of compensation paid in cases of industrial accidents when there is a change in the injured person's health, in conformity with Article 8 of the Convention. (The provisions of section 61, which stipulate that the social insurance service may request a review of the invalidity when a change in the injured person's health is indicated, are no longer applicable where invalidity is the result of an industrial accident, under section 56(3) of Act No. 1/90.)

Article 7. The Committee hopes that, in accordance with the assurances given by the Government in its report, a provision will be adopted to ensure additional compensation for injured persons when their incapacity is such that they require the constant help of another person, in accordance with this Article of the Convention.

The Committee hopes that in its next report the Government will provide detailed information on the progress achieved in the revision of Act No. 1/90. Please also provide a copy of the text when it has been adopted.

2. Moreover, the Committee would be grateful if the Government would provide information on the following points:

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

Articles 9 and 10. With reference to its previous comments, the Committee had noted that section 28 of Act No. 1/90 covers only cash benefits and contains no provisions in respect of medical, surgical or pharmaceutical aid or the supply of artificial limbs and surgical appliances, provided for in the Convention. The Government indicates, in its report, that such assistance is ensured by the National Health System, in accordance with Legislative Decree No. 18/86, a copy of which was appended to the Government's report. Since a copy of this text has not reached the Office, the Committee again requests the Government to specify the laws and regulations under which injured persons may receive medical, surgical and pharmaceutical aid, the nature of aid as well as the medical institutions or hospitals where such aid is provided.

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

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.

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

The Committee notes with regret that for the fourth consecutive time the Government's report has not been received. The Committee must return to the question in a new direct request. It hopes that the Government will, without fail, take the necessary steps and supply the information requested.

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

The Committee notes with regret 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:

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.

Direct Request (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 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.

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

The Committee notes with regret for the third consecutive time that the Government's report has not been received. The Committee must return to the question in a new direct request. It hopes that the Government will, without fail, take the necessary steps and supply the information requested.

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:

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.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

1. With reference to its previous comments, the Committee notes the information supplied by the Government in its report. It also 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.

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

With reference to its previous comments, the Committee notes with satisfaction that the new Social Security Act, No. 1/90 of 31 January 1990 introduces (section 84) the principle of the provision of compensation in the form of periodical payments in the event of permanent incapacity resulting from industrial accidents, in conformity with Article 5 of the Convention.

The Committee raises certain other questions concerning the application of the Convention in a request addressed directly to the Government.

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

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.]