Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Workmen's Compensation (Accidents) Convention, 1925 (No. 17) - Suriname (Ratification: 1976)

Since 2006, the Government has been indicating that the Industrial Accidents Act (IAA) (No. 145 of 1947) is under revision. In its previous observation, the Committee asked the Government to supply a copy of the draft provisions revising the said Act, indicating those which aim at ensuring: (1) additional compensation in cases where the injury results in incapacity of such a nature that the injured workman must have the constant help of another person, in line with Article 7 of the Convention; (2) inclusion in the list of occupational diseases established by section 25 of this Act, among the activities likely to cause anthrax infection, the “loading and unloading or transport of merchandise”, as required by the Workmen’s Compensation (Occupational Diseases) Convention (Revised), 1934 (No. 42). In reply, the Government states that the revision IAA is an ongoing process and since the social partners have yet to come to terms with the proposed changes it would be premature to send a copy at this time. The Committee notes with regret that the Government has been unable to supply the revised provisions of the IAA, which it has been mentioning since 2006. The Committee recalls that the Government can avail itself of the technical assistance of the Office in drafting the provisions to be included in the IAA.

List of occupational diseases. With respect to section 25 of the IAA, the Government states that this section has not yet been completed according to the Schedule to Convention No. 42 particularly with regard to anthrax infections. The Committee notes with concern that it has been calling the Government’s attention to the need to revise section 25 of the IAA for the last 20 years without any concrete action being taken by the Government to fulfil its obligations under the Convention. While taking due note of the Government’s statement that the Convention is applied in Suriname, the Committee strongly believes that the abovementioned changes will only strengthen the protection of the workers against the risk of contamination by anthrax and poisoning by lead and mercury. Furthermore, with reference to its previous observation, the Committee once again requests the Government to confirm that workers employed in activities listed in the Schedule to Convention No. 42 with regard to poisoning by lead and mercury would not be required to prove the occupational origin of their disease.

Additional compensation for the constant help of another person. With respect to the need to include, in the IAA, provisions to ensure additional compensation in cases where the injury results in incapacity of such a nature that the injured worker must have the constant help of another person (Article 7), the Government states that in case of further changes, the comment of the Committee will be taken into account. The Committee would like to point out that the obligation of the Government to ensure full compliance with the Convention cannot depend on whether or not further changes would be made in the IAA. On the contrary, it is the Government’s responsibility to initiate such changes that will bring national legislation into conformity with the Convention it has ratified. The Committee recalls that the Government first expressed its intention to do so in its 1962 report and has since been continuously referring to the elaboration of the draft provisions to give effect to Article 7. The Committee notes with regret that the Government has taken no action in this regard and hopes that it will change its attitude to the implementation of the Convention in this respect.