Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Suriname (Ratification: 1976)

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

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 17 (workers’ compensation), 42 (workers’ compensation (occupational diseases)) and 118 (equality of treatment) together.

The Committee notes the information provided by the Government according to which the ratification process of the Social Security (Minimum Standards) Convention, 1952 (No. 102) has been submitted to the National Assembly for approval.

Article 7 of Convention No. 17. Additional help of a third person. The Committee had previously been pointing to the fact that no measures have been taken to include provisions on additional compensation, in cases where an accident incapacitates a worker in a way that he or she needs the constant help of another person, in line with Article 7 of Convention. The Committee takes note of the information provided by the Government that the draft Industrial Accidents Act will address the issue related to additional compensation as established by Article 7 of the Convention. The Committee firmly hopes that the draft legislation related to compensation due to employment injury will be adopted without delay, ensuring the provision of additional compensation to injured workers who need the help of a third person because of the degree or nature of their disability.

Article 2 of Convention No. 42. List of occupational diseases. The Committee notes that a draft Industrial Accidents Act has been approved by the Council of Ministers and the State Council and submitted to the social partners for final comments. Moreover, the Committee notes that the new draft of the Occupational Safety and Health Act has been submitted to the National Assembly for approval, which includes a new list of occupational diseases according to the most up-to-date ILO standards in this regard. The Committee firmly hopes that the draft Industrial Accidents Act and the draftOccupational Safety and Health Act will be adopted in the near future and will be in compliance with the ratified international labour standards concerning employment injury protection at the time of its adoption.The Committee requests the Government to provide information on the progress made in this regard and to provide a copy of both Acts once adopted.

Article 2 of Convention No. 42. Implementing regulations. The Committee recalls that in its previous comments, it requested the Government to provide information regarding regulations as to the burden of proof of origin of occupational diseases, particularly concerning poisoning by mercury or lead. The Committee therefore requests the Government to provide information on regulations relating to the burden of proof of the origin of occupational diseases, especially with regard to mercury or lead poisoning.

Articles 4, 5 and 7 of Convention No. 118. Equality of treatment of workers living abroad. The Committee had previously recalled the need to amend section 6(8) of the Industrial Accidents Act, which, contrary to the Convention, restricts payment of employment injury pensions to beneficiaries residing abroad. The Committee notes with regret the information that no specific provisions have been included in the draft Industrial Accidents Act to ensure compliance with Articles 4, 5, and 7 of the Convention and that issues related to the payments of employment injury benefits abroad will be implemented in the upcoming amendments of the draft legislation. The Committee once again wishes to recall that Articles 4 and 5 of the Convention guarantee the payment abroad of employment injury benefits to nationals and foreign workers, and that financial arrangements in this regard may be provided, according to Article 7(1) of the Convention, through bilateral or multilateral agreements concluded by countries which also accepted the obligations of the Convention as to the same branch. The Committee urges the Government to ensure that the amendment process to the Industrial Accidents Act will guarantee the payment of long-term employment injury benefits to injured workers and their dependants who live abroad in compliance with Articles 4, 5 and 7 of the Convention. In addition, the Committee requests the Government to indicate if bilateral or multilateral agreements have been concluded with other Member States which accepted the obligations of the Convention in relation to employment injury benefits.

Direct Request (CEACR) - adopted 2017, published 107th ILC session (2018)

List of occupational diseases. Implementing regulations. The Committee refers to its previous comments, in which it requested the Government to indicate whether workers, employed in the activities listed in the schedule of Convention No. 42 with regard to poisoning by mercury or lead, could be required to prove the occupational origin of their disease. The Committee notes that according to section 24(2) of the Industrial Accidents Act of 1947, the burden of proof of the occupational origin of a disease is shifted away from the workers, if the disease becomes notable during their time of employment or a certain time frame after its termination, fixed by decree. The Committee requests the Government to indicate whether the above decree has been adopted and, if so, to provide a copy thereof.

Recommendations of the Standards Review Mechanism. The Committee notes that, according to the recommendations made by the Tripartite Working Group of the Standards Review Mechanism, as approved by the ILO Governing Body, member States which have ratified the Convention are encouraged 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 the most up-to-date instruments in this subject area (GB.328/LILS/2/1). The Committee reminds the Government of the possibility of availing itself of ILO technical assistance in this respect.

Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

Article 2 of Convention No. 42. List of occupational diseases. For many years, the Committee has been requesting the Government to include the “loading and unloading or transport of merchandise” among the activities likely to cause anthrax infection in the list of occupational diseases established by section 25 of the Industrial Accidents Act (IAA), in accordance with Convention No. 42. Since 2006, the Government has been indicating that the IAA and other national Occupational Safety and Health (OSH)-related laws are under revision. The Committee notes that, in its report, the Government indicates that a new commission has been put in place to examine the said revision, including the inclusion of anthrax infections due to loading and unloading of transport and merchandise. The commission was expected to produce a first draft of the new legislation by March 2017. The Committee requests the Government to indicate whether the said changes to the list of occupational diseases have been included in the draft provisions produced by this commission and to provide a copy of the draft. It also requests the Government to report on any new steps taken in the review process. Noting the Government’s indication that it is willing to avail itself of ILO technical assistance during the review process, the Committee firmly hopes that, with the assistance of the Office, the Government will be able to report progress made in giving effect to the Convention.

Article 7 of Convention No. 17. Additional compensation for the constant help of another person. For many years, the Committee has been pointing to the fact that no measures have been taken to include provisions on additional compensation, in cases where an accident incapacitates a worker in a way that he or she needs the constant help of another person, in line with Article 7 of Convention No. 17. The Committee notes the Government’s indication that still no concrete actions have been taken in this regard, but that the issue is being considered as part of the abovementioned ongoing review process of the OSH-related legislation. The Committee requests the Government to indicate whether provisions on additional compensation for the constant help of another person have been included in the draft prepared by the new commission so as to ensure conformity with the provisions of the Convention and to provide information on any new developments in this regard.

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 42 to which Suriname 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 also reminds the Government of the availability of ILO technical assistance in this regard.

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

Please refer to the comment made under Convention No. 17.

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

The Committee notes that since 2006, the Government has been indicating that the Ministry of Labour was involved in the total revision of labour legislation, including the revision of the Industrial Accidents Act of 10 September 1947 (No. 145 of 1947, as amended), in order to bring the national legislation into conformity with international labour standards. Taking into account similar statements the Government has been making for the last 20 years, the Committee asks it to supply a copy of the draft provision which should have been prepared in order to complete the list of occupational diseases established by section 25 of this Act, by including among the activities likely to cause anthrax infection the “loading and unloading or transport of merchandise”, as required by the Convention.

The Committee notes that section 25 of the Act does not refer to the specific trades, industries or processes mentioned in the Schedule to the Convention with regard to diseases produced by lead and mercury, but covers all activities where workers manipulate these substances. The Committee requests the Government to confirm in its next report that workers employed in activities listed in the Schedule with regard to poisoning by lead and mercury, would not be required to prove the occupational origin of their disease.

[The Government is asked to reply in detail to the present comments in 2012.]

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

For many years, the Committee has been drawing the attention of the Government to the need to revise the national list of occupational diseases, so as to comply with the requirements of the Convention. In its last report, the Government indicates that the Ministry of Labour has started the process of the total revision of the Industrial Accidents Act in order to bring the national legislation into conformity with international labour standards.

The Committee takes due note of this information. It recalls that, since the Convention entered into force for Suriname, the Committee has repeatedly emphasized the need to revise section 25 of the Workmen’s Injuries Decree No. 145 of 1947 (as amended), so as to include among the activities likely to cause anthrax infection the “loading and unloading or transport of merchandise” in general, as provided by the Convention. It therefore hopes that the Government will take the opportunity of the ongoing reform of the national legislation to also amend the above Decree and thus give full effect to the provisions of the Convention.

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

With reference to its previous comments, the Committee notes with regret, from the information provided by the Government in its report, that the list of occupational diseases established under section 25 of Workmen’s Injuries Decree No. 145 of 1947, as amended, has not been revised. It also notes that the Government no longer refers to the general revision of the labour legislation. In these conditions, the Committee is bound to draw the Government’s attention once again to the need to take all the necessary measures to complete the list of occupational diseases envisaged under section 25 of the above Decree so as to include among the activities which may cause anthrax infection the loading and unloading or transport of merchandise in general, as provided by the Convention.

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

In reply to the Committee's previous observation, the Government states that it has under study a project to revise the labour legislation with the technical assistance of the ILO. The Committee therefore once again expresses the hope that in revising this legislation the Government will not fail to complete the list of occupational diseases established by section 25 of Decree No. 145 of 1947, as amended, so as to include among the activities likely to cause anthrax infection (section 25(c)) the "loading and unloading or transport of merchandise" in general, as provided by the Convention.

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

The Committee regrets to note from the reply of the Government to its earlier comments that the list of occupational diseases established by section 25 of Decree No. 145 of 1947, as amended by Ordinance of 24 November 1975, has not yet been amended. It also observes that the general revision of the legislation on employment injury announced previously by the Government has not yet taken place. It notes however that the above-mentioned section 25 of Decree No. 145 of 1947 will be taken into consideration when the legislation is revised. The Committee therefore again expresses the hope that the revision of the legislation on employment injury benefits will shortly take place and that the list of occupational diseases established by section 25 of Decree No. 145 of 1947, as amended, will be completed so as to include among the activities likely to cause anthrax infection (section 25(c)) the "loading and unloading or transport of merchandise" in general, as provided by the Convention.