Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 must therefore repeat its previous observation which read as follows:

Repetition

Article 2 of the Convention. National schedule of occupational diseases. For many years, the Committee has been drawing the Government’s attention to the need to amend Order No. 59-73 of 25 April 1959 as the schedules annexed to it do not cover all the occupational diseases listed in Article 2 of the Convention. In this respect, the Government indicates in its last report that Order No. 59-73 referred to above has become obsolete and that the schedule of occupational diseases applicable in Comoros is that appended to Article 2 of the Convention. This schedule is communicated to enterprise doctors and to employers’ and workers’ organizations. While taking due note of this information, the Committee considers that it would be more appropriate, particularly with a view to achieving greater clarity and legal security, for the Government to formally repeal the above Order and replace it with a new legislative text recognizing the occupational origin of the diseases in the Schedule attached to Article 2 of the Convention. That would also provide an opportunity to adopt all the technical measures in this respect, thereby guaranteeing the proper operation of the system for the recognition of occupational diseases, for example, by establishing the conditions for the recognition of occupational diseases by physicians who are duly trained in this respect or by establishing minimum periods of exposure to the toxic substances and agents contained in the schedule.

Operation of the system for the recognition of occupational diseases. With reference to the comments made previously by the Union of Autonomous Trade Unions of Workers of Comoros (USATC) reporting the absence of a technical structure for the recognition of occupational diseases and of a national supervisory mechanism, the Committee notes the Government’s indication that it is aware of the need to establish an occupational health service in this respect. Among the initiatives taken in this regard, the Government refers to a survey on occupational health undertaken by the General Directorate of Labour at the enterprise level. It also indicates that a study on the basis for a national occupational safety and health policy is currently being prepared. The Committee takes due note of this information and observes that the Government would like to benefit from the technical assistance of the Office with a view to the establishment of a national statistical service. The Committee hopes that the ILO will be in a position to provide the assistance requested in the very near future and that this will also be an occasion to assist the national authorities to improve the operation of the National Social Insurance Fund in general.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.