Solicitud directa (CEACR) - Adopción: 2025, Publicación: 114ª reunión CIT (2026)

Comoras

Convenio sobre la igualdad de trato (accidentes del trabajo), 1925 (núm. 19) (Ratificación : 1978)
Convenio sobre las enfermedades profesionales (revisado), 1934 (núm. 42) (Ratificación : 1978)
Convenio sobre la seguridad social (norma mínima), 1952 (núm. 102) (Ratificación : 2022)

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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