Observation (CEACR) - adoptée 2025, publiée 114ème session CIT (2026)

Convention (n° 42) (révisée) des maladies professionnelles, 1934 - Iles Salomon (Ratification: 1985)

Article 2, in conjunction with the Schedule appended to the Convention. (a) List of occupational diseases. The Committee has been requesting the Government for many years to include the “loading and unloading or transport of merchandise” among the occupations likely to cause anthrax infection in the list of occupational diseases set out by the Second Schedule of the Workmen’s Compensation Act (Act No. 5 of 1952, Chapter 78). The Committee noted the information contained in previous reports indicating that the list of occupational diseases will be expanded in this sense. Despite the time elapsed, no information in this regard has been provided in the latest report. In this context, the Committee firmly hopes that the Government will take the necessary measures to amend the national list of occupational diseases to include “loading and unloading or transport of merchandise” among the occupations likely to cause anthrax infection, in full compliance with the Schedule appended to the Convention.

(b) Recognition of occupational diseases. The Committee notes the reply provided by the Government in its report, recognizing the need to amend section 11(6)(a) of Act No. 5 of 1952, Chapter 78, to bring the legislation into full conformity with the Convention. The Committee also notes that the Government has received a report under the project “Promoting the implementation of ILO standards in Pacific Island Countries”, which will soon be presented to the Attorney-General’s office for reviewing the said provision. The Committee trusts that Section 11(6)(a) of the Workmen’s Compensation Act will be soon amended to ensure full compliance with Article 2 of the Convention, by abolishing the time limit of 12 months for the presumption of occupational origin to apply, and by ensuring, through appropriate means, that diseases and poisonings produced by the substances set forth in the Schedule to the Convention, when they affect workers engaged in the trades, industries or processes placed opposite in the said Schedule, are considered as occupational diseases. The Committee requests the Government to provide information on progress made in this regard.

Finally, the Committee takes note of the Government’s indication related to the ongoing consultations towards the ratification of Convention No. 121 (Employment Injury Benefits 1964 [Schedule I amended in 1980]), and wishes to recall that the ILO Governing Body at its 346th Session (October–November 2022), on the recommendation of the Standards Review Mechanism Tripartite Working Group, acknowledged the classification of Convention No. 42 as outdated, and placed an item on the Agenda of the 121st Session of the International Labour Conference (2033) for the consideration of its abrogation.

The Governing Body requested the Office to undertake follow-up action to actively encourage the ratification of up-to-date instruments, the Employment Injury Benefits Convention, 1964 [Schedule I amended in 1980] (No. 121), and the Social Security (Minimum Standards) Convention, 1952 (No. 102), accepting its Part VI, that reflect the modern approach to employment injury benefits. The Committee therefore encourages the Government to consider ratifying the most up-to-date instruments in this subject area.