Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Repetition

Articles 4 and 5 of the Convention. Payment of old-age, invalidity and survivors’ benefits in the case of residence abroad. For many years, the Committee has been drawing the Government’s attention to the restrictions relating to the payment of old-age, invalidity and survivors’ benefits to Tunisian nationals where the latter are not resident in Tunisia at the date on which the application for benefits is made (section 49 of Decree No. 74-499 of 27 April 1974 concerning old-age, invalidity and survivors’ schemes in the non-agricultural sector and section 77 of Act No. 81-6 of 12 February 1981 concerning the organization of social security schemes in the agricultural sector), although this requirement is lifted for foreign nationals of countries bound to Tunisia by a bilateral or multilateral social security treaty that covers the export of benefits. Under this legislation, Tunisian nationals do not benefit from equality of treatment with foreign nationals, contrary to Article 4(1) of the Convention, and they may be refused old-age, invalidity and survivors’ benefits, contrary to Article 5(1) of the Convention, if they apply for the benefit when they are residing abroad in a country that has not concluded a bilateral treaty with Tunisia. The Government previously pointed out that the competent technical services had held consultations with the ILO on the subject and that a Bill intended to adapt the abovementioned provisions was being drawn up. Instructions had been given to the national social security institutions to set aside the requirement of the physical presence of the beneficiary in relation to the application for invalidity, old-age or survivors’ benefits or for employment injury benefits.

In its 2014 report, the Government indicates that the legislative reform aimed at bringing the national legislation into line with the Convention remains on the agenda of a technical committee responsible for social protection and that, in practice, the social security funds undertake the free transfer abroad of the benefits due regardless of the nationality of the beneficiaries. The Government also refers to the network of bilateral and regional social security agreements by which Tunisia is bound that have the purpose of guaranteeing rights acquired abroad.

While taking due note of this information, the Committee observes that the situation has not changed since 2007 and that legislative measures must still be taken to bring the national legislation fully into line with Articles 4 and 5 of the Convention. It also observes that the report does not contain the previously requested statistical information on the transfer of benefits abroad. The Committee therefore hopes that the Government will provide information in its next report on the specific legislative measures taken to bring the legislation into full conformity with the Convention and also provide information on the previously requested statistics.