Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - 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.

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)

Since 2006, the Government has been indicating that the Industrial Accidents Act (IAA) (No. 145 of 1947) is under revision. In its previous observation, the Committee asked the Government to supply a copy of the draft provisions revising the said Act, indicating those which aim at ensuring: (1) 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, in line with Article 7 of the Convention; (2) inclusion in the list of occupational diseases established by section 25 of this Act, among the activities likely to cause anthrax infection, the “loading and unloading or transport of merchandise”, as required by the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42). In reply, the Government states that the revision IAA is an ongoing process and since the social partners have yet to come to terms with the proposed changes it would be premature to send a copy at this time. The Committee notes with regret that the Government has been unable to supply the revised provisions of the IAA, which it has been mentioning since 2006. The Committee recalls that the Government can avail itself of the technical assistance of the Office in drafting the provisions to be included in the IAA.

List of occupational diseases. With respect to section 25 of the IAA, the Government states that this section has not yet been completed according to the Schedule to Convention No. 42 particularly with regard to anthrax infections. The Committee notes with concern that it has been calling the Government’s attention to the need to revise section 25 of the IAA for the last 20 years without any concrete action being taken by the Government to fulfil its obligations under the Convention. While taking due note of the Government’s statement that the Convention is applied in Suriname, the Committee strongly believes that the abovementioned changes will only strengthen the protection of the workers against the risk of contamination by anthrax and poisoning by lead and mercury. Furthermore, with reference to its previous observation, the Committee once again requests the Government to confirm that workers employed in activities listed in the Schedule to Convention No. 42 with regard to poisoning by lead and mercury would not be required to prove the occupational origin of their disease.

Additional compensation for the constant help of another person. With respect to the need to include, in the IAA, provisions to ensure additional compensation in cases where the injury results in incapacity of such a nature that the injured worker must have the constant help of another person (Article 7), the Government states that in case of further changes, the comment of the Committee will be taken into account. The Committee would like to point out that the obligation of the Government to ensure full compliance with the Convention cannot depend on whether or not further changes would be made in the IAA. On the contrary, it is the Government’s responsibility to initiate such changes that will bring national legislation into conformity with the Convention it has ratified. The Committee recalls that the Government first expressed its intention to do so in its 1962 report and has since been continuously referring to the elaboration of the draft provisions to give effect to Article 7. The Committee notes with regret that the Government has taken no action in this regard and hopes that it will change its attitude to the implementation of the Convention in this respect.

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

Article 7 of the Convention. Additional compensation for the constant help of another person. Since 2006, the Government indicates that the Ministry of Labour has undertaken the total revision of labour legislation, including the revision of the Industrial Accidents Act of 10 September 1947 (No. 145 of 1947), in order to bring the national legislation into conformity with international labour standards. The Committee asks the Government to supply a copy of the draft provisions revising the said Act, indicating those which aim at ensuring, in line with Article 7 of the Convention, 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.

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

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

Article 7 of the Convention. Additional compensation. In its previous comments, the Committee observed that the necessary amendments to the Industrial Accidents Act (No. 145 of 1947) had not yet been introduced and expressed the hope that, in the very near future, the Government would take the measures needed in order to give full effect to this provision of the Convention. In its last report, the Government indicates that the Ministry of Labour has now 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 the need for an amendment to the Industrial Accidents Act has been identified for a number of years. The Committee consequently trusts that, in its next report, the Government will indicate the progress made towards the full implementation of the Convention by specifying the inclusion into the Industrial Accidents Act of a provision ensuring additional compensation in cases where occupational injuries result in incapacity of such a nature that injured workers must have the constant help of another person, as required by Article 7 of the Convention.

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

Article 7 of the Convention.  In reply to the Committee’s previous comments, the Government states that the activities of the interdepartmental Committee have not yet led to amendment of the Labour Accidents Act (No. 145 of 1947). Provisions concerning additional payment would be part of the social programme of structural adjustment mentioned in the last report. The Government adds in this respect that neither the structural adjustment programme nor the social security programme were successfully completed. The Committee notes this information. It cannot but reiterate the hope that measures will be taken in the very near future in order to amend the Labour Accident Act so as to include a provision ensuring 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.

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

Article 7 of the Convention. In reply to the Committee's previous comments, the Government states that the report on the establishment of the national social security scheme is still under study by an interdepartmental committee. It adds that it has asked the ILO for assistance with the social programme of structural adjustment which will allow it to bring national legislation into conformity with the ratified Conventions, and that an ILO mission in the social security field is expected to take place in the near future. The Committee notes this information. It once again trusts that, with the assistance of the ILO, if necessary, appropriate measures will be taken soon to adopt provisions ensuring additional compensation for victims of industrial accidents requiring the constant help of another person, in conformity with this provision of the Convention. The Committee asks the Government to indicate in its next report any progress achieved in this connection.

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

Article 7 of the Convention. The Committee regrets to note from the reply of the Government that no amendment has been made to the Accident Regulation of 1947, to include the provision stipulating additional compensation for victims of industrial accidents resulting in incapacity of such a nature as to necessitate the constant attendance of another person. It notes however that the Cabinet approved the establishment of a national social security scheme and that there is an interdepartmental committee working out the bill for this scheme. The Committee therefore expresses the hope that the social security scheme will soon be adopted and will provide the above-mentioned benefit so as to ensure application of this provision of the Convention. The Committee requests the Government to indicate in its next report any progress achieved in this connection.