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

Workmen's Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42) - Comoros (Ratification: 1978)

The Committee notes 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 matter raised in its previous direct request, which read as follows:

The Committee notes with interest that the Government will take into account the provisions of Article 2 of the Convention when it modifies Order No. 59-73 of 25 April 1959, and that this modification will take place after the adoption of the new rules of the Social Provident Fund. The Committee hopes that the modification will soon take place and that the Government will take account of the following points:

Article 2 of the Convention. (a) The schedules appended to Order No. 59-73 of 25 April 1959 contain, in the left-hand column, a restrictive list of pathological manifestations giving the right to compensation for poisoning by lead, occupational benzolism and arsenic poisoning, whereas the Convention, which is drafted on this point in general terms, includes all pathological manifestations attributable to the conditions listed in the left-hand column of its schedule, when they are contracted by workers belonging to the corresponding trades, industries or processes that appear in the right-hand column of the same schedule. It should therefore be specified in the left-hand column of the schedules of the above-mentioned legislation that the list of symptoms and pathological manifestations is only indicative, as is done in the right-hand column of the schedules in question. A possible solution would be to add, for example, at the beginning of this list and under the description of the various conditions, the words "including" or "principal diseases ...".

(b) Moreover, the schedules appended to Order No. 59-73 of 25 April 1959 do not contain the following conditions or the activities likely to cause them, which appear in the schedule of the Convention:

(i) poisoning by mercury, its amalgams and compounds and their sequelae;

(ii) poisoning by phosphorus or its compounds and its sequelae;

(iii) poisoning by the halogen derivatives of hydrocarbons of the aliphatic series;

(iv) anthrax infection;

(v) pathological manifestations due to radiations;

(vi) primary epitheliomatous cancer of the skin (the national legislation mentions only certain forms of dermatosis caused by the employment of lubricants in metalwork, whereas the Convention is much broader in scope in this respect).

(c) Lastly, the national legislation covers, in respect of arsenic, only its compounds with oxygen or sulphur and, in respect of benzene, only its homologues, without referring to their nitro- and amido-derivatives.