Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

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

Updating of the schedule of occupational diseases. The Committee notes that, according to the Government, Order No. 59-73 of 25 April 1959 does not cover all the occupational diseases listed in the table under Article 2 of the Convention. According to the Government, a study must be undertaken to determine the occupational diseases that might be included in the national schedule. It is also necessary to introduce a supervisory mechanism and to establish an occupational health service in this area. The Committee wishes to point out that, from the legal standpoint, the respect of the schedule of occupational diseases contained under Article 2 of the Convention is binding under the international obligations assumed by Comoros, given that article 10 of the Constitution of the Union of Comoros stipulates that ratified treaties have a higher authority than that of laws. The Government is therefore obliged to acknowledge that the diseases in the schedule are occupational diseases and consequently compensate the workers who have suffered from their effects. It is also up to the Government to duly inform the national competent institutions and jurisdictions and to ensure that they adhere to the international obligations agreed upon by Comoros. In this respect, the Committee concurs with the Government that a first step towards applying the Convention and acquiring all the necessary expertise would be to establish an occupational health department entrusted with diagnosing the illnesses contained in the Convention in the corresponding sectors of activity. The Government is requested to provide information on the measures taken or envisaged in this respect.