Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (2001)

Convention (n° 17) sur la réparation des accidents du travail, 1925 - Sao Tomé-et-Principe (Ratification: 1982)

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.