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Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Senegal (Ratification: 1962)

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Replies received to the issues raised in a direct request which do not give rise to further comments (CEACR) - adopted 2023, published 112nd ILC session (2024)

The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

In order to provide a comprehensive view of the issues relating to the application of ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 19 (equality of treatment), 102 (minimum standards) and 121 (employment injury benefits) together.

Article 1(2) of Convention No. 19. Payment of compensation abroad. In its previous comments, the Committee requested the Government to bring its national legislation and practice into full compliance with the regime of automatic reciprocity in granting equality of treatment to foreign workers and their dependants in case of residence abroad. In its reply, the Government indicates that the regime of automatic reciprocity requires the conclusion of bilateral social security agreements and administrative arrangements. The Committee notes in this regard that such bilateral agreements have been concluded with Mali, Mauritania and France. The Committee requests the Government to indicate whether any bilateral social security agreements or administrative arrangements giving effect to Article 1(2) of the Convention have been concluded with other Members, which have ratified the Convention, and particularly with Burkina Faso, Cabo Verde, Ghana, Guinea-Bissau and Morocco.

Part VII (Family benefit). Article 44 of Convention No. 102. Total value of family benefits. The Committee requests the Government to provide statistical data on total value of family benefits.

Part XIII (Common provisions). Article 72. General responsibility of the Member for the proper administration of social security institutions and services. In its previous comments, the Committee requested the Government to indicate any measures taken or envisaged to curb contribution evasion and fraud in social security. The Committee takes note of various measures indicated by the Government, which aim at the reduction of the social security evasion rate in the Social Insurance Institute, which is still estimated at 50 per cent. The Committee requests the Government to continue providing information on the social security evasion rate and on the measures taken or considered to tackle the issue of social security evasion and fraud.

Article 4 of Convention No. 121. Persons protected. With respect to the persons protected by the employment injury system, the Government indicates that employees are covered when their employers are registered in the employment injury system and social insurance contributions are paid. The Committee requests the Government to indicate whether employment injury benefits are paid by the Social Security Fund to injured workers despite failure by their employers to register them or to pay contributions.

Article 13. Replacement rate of cash benefits in case of temporary incapacity for work. The Committee requests the Government to provide statistical data on the replacement rate of cash benefits in case of temporary incapacity for work in accordance with Titles I–V of the report form for the Convention.

Article 21. Adjustment of benefits. The Committee requests the Government to provide statistical data on adjustment of benefits in accordance with the report form for the Convention.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the Government’s report, received in September 2011. Pursuant to section 89 of the Social Security Code, pensions to victims of employment injury of whatever nationality are paid periodically at their residence in Senegal. However, if foreign workers and their dependants move their residence abroad, section 94 subjects them to a special treatment: instead of a pension they will be entitled to a lump-sum payment and their foreign dependants will not receive any compensation at all if they reside abroad at the time the employment injury occurred. The Committee observes that to the extent that these provisions apply only to foreign workers, they violate the principle of the equality of treatment established by the Convention. Paragraph 4 of section 94 provides, however, that foreign workers and their dependants from States that have concluded social security agreements with Senegal, or from States with legislation that provides Senegalese workers the same rights as to their nationals, are granted the same rights as Senegalese workers. Having not found in the text of the Social Security Code any provisions about the rights of Senegalese workers to benefits in case they move their residence outside the country, the Committee requests that the Government explain what paragraph 4 of section 94 cited above means by granting foreign workers the “same rights” as Senegalese workers.

The Committee notes that ratification of the Convention puts Senegal into the regime of automatic reciprocity with respect to the nationals of the other 120 States that have ratified it, without the need to conclude any bilateral agreements to this end. Furthermore, contrary to section 94(4), equality of treatment is not made conditional by the Convention upon the conclusion of bilateral social security agreements or the reciprocity in the legislation of other countries granting equal treatment to Senegalese nationals. The purpose of Article 1(2) of the Convention, to which the Government refers in its report, consists in ensuring that any administrative obstacle to the payments of the employment injury benefits abroad is eliminated through special arrangements between Senegal and the other countries that ratified the Convention. In this connection, the Committee refers to an ILO publication of 2010, International Migration Papers No. 100: Strengthening social protection for African migrant workers through social security agreements, which includes a database of the University of Sussex Development Research Centre on Migration, Globalization and Poverty with detailed numbers of migrants in Africa. This ILO publication states that there are about 250,000 African migrants in Senegal, almost half of them being from Guinea, followed by citizens from Mauritania, Guinea-Bissau, Mali, Cape Verde, Gambia, Morocco, Burkina Faso and Ghana. In turn, of the 266,000 Senegalese citizens that emigrated, about 98,000 left to Gambia, and to other countries such as Mauritania, Ghana, Gabon, Burkina Faso and Guinea. In light of these figures, and given the fact that migration from and to Senegal involves countries that ratified Convention No. 19, the Committee hopes that the Government understands the need to bring its national legislation and practice into full compliance with the regime of automatic reciprocity in granting equality of treatment to foreign workers as established by the Convention.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

In its previous comments, the Committee pointed out that the Convention establishes the principle of equal treatment between national workers and foreign workers from any country that has ratified the Convention, without any condition as to residence and irrespective of any bilateral agreements that may have been concluded. The Committee noted that section 94(3) of the Social Security Code establishes national treatment for workers from States that have social security agreements with Senegal or whose legislation gives Senegalese workers the same entitlements, and requested the Government to provide statistical information on the number and nationality of all foreign workers employed in Senegal and on any employment injury benefits transferred abroad, in particular to States parties to this Convention which have no bilateral social security agreement with Senegal.

In its latest report, the Government sends information showing that, in all, there are 188 foreign workers from 12 countries employed in Senegal. The Government also sends statistics on the transfer of benefits abroad to victims of employment injury or their dependants, classified by the Social Security Fund as annuitants. According to this information, 1,134,636 CFA francs were paid to beneficiaries in Côte d’Ivoire, 2,490,069 CFA francs to beneficiaries in Italy and 39,311,495 CFA francs for persons residing in France.

In comments on the application of the Convention, the National Confederation of Senegalese Workers (CNTS) asserts that the abovementioned statistics do not reflect reality and that surveys covering the whole country should be carried out in order to gather fuller information. Furthermore, the transfers of employment injury benefits concern only countries with which Senegal has social security agreements. In response to these assertions the Government states that the statistics come from the only body competent to compile them, namely the Social Security Fund.

The Committee takes note of this information. It would be grateful if the Government would specify the period covered by these statistics since, according to other information such as the 1997 Survey on migration and urbanization in Senegal (EMUS), there were 120,000 foreign nationals in the country, most of whom were from countries such as Burkina Faso, Côte d’Ivoire, Guinea, Guinea-Bissau, Gambia, Mali, Mauritania, Nigeria or countries in Europe. The Committee therefore asks the Government to send its comments on this matter. It would also be grateful if, in its next report, the Government would send more detailed information on how the payment of cash benefits for employment injuries is organized and operated in the case of countries with which Senegal does not have any bilateral social security agreements but which are, nevertheless, parties to this Convention, which so far has 120 ratifications.

The Committee reminds the Government that the purpose of the Convention is to ensure equal treatment between national workers and workers from countries that have ratified Convention No. 19. This principle implies that if employment injury benefits are paid to Senegalese nationals residing abroad, they must also be paid to nationals of countries bound by the Convention.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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 matters raised in its previous direct request, which read as follows:

The Committee notes the Government’s statement indicating that it has taken due note of the Committee’s previous comments on the need to comply with the principle of equality of treatment between national workers and foreign workers of any country that has ratified the Convention, and their dependants, without any condition as to residence and irrespective of any bilateral agreements that may have been concluded. It also notes that the Government undertakes to send to the ILO, as soon as available, the statistics requested earlier on the number and nationality of all the foreign workers employed on Senegalese territory. The Committee hopes that the Government will very soon be able to provide this information. It also trusts that the Government will take this opportunity to provide the statistics requested earlier on the transfer of employment injury benefits by the Social Security Fund, in accordance with section 94(3) of the Social Security Code, to nationals of Members that have ratified the Convention, and their dependants, in the event of their residence abroad, with an indication of the nationality of the beneficiaries and the amount of the benefits transferred.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s statement in its report indicating that it has taken due note of the Committee’s previous comments on the need to comply with the principle of equality of treatment between national workers and foreign workers of any country that has ratified the Convention, and their dependants, without any condition as to residence and irrespective of any bilateral agreements that may have been concluded. It also notes that the Government undertakes to send to the ILO, as soon as available, the statistics requested earlier on the number and nationality of all the foreign workers employed on Senegalese territory. The Committee hopes that the Government will very soon be able to provide this information. It also trusts that the Government will take this opportunity to provide the statistics requested earlier on the transfer of employment injury benefits by the Social Security Fund, in accordance with section 94(3) of the Social Security Code, to nationals of Members that have ratified the Convention, and their dependants, in the event of their residence abroad, with an indication of the nationality of the beneficiaries and the amount of the benefits transferred.

[The Government is asked to reply in detail to the present comments in 2005.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

Article 1, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes the information supplied by the Government in its last report. It again notes that the information covers only payments in respect of beneficiaries residing in France and Mauritania (countries with which Senegal has concluded bilateral social security agreements) but contains no data regarding payments made in any other countries bound by Convention No. 19. The Committee recalls that this provision of the Convention requires equal treatment to be guaranteed to foreign workers of a country that has ratified the Convention and to their dependants without any condition of residence and whether or not bilateral or reciprocity agreements have been concluded. In these circumstances, the Committee hopes that the Government will not fail in its next report to provide statistical information on any other cases in which, in accordance with section 94(3) of the Social Security Code, the Social Security Fund is providing industrial accident benefits to foreign workers who are nationals of a country which has ratified the Convention or to their dependants, when they live abroad, indicating the number and nationality of the beneficiaries and the value of the benefits transferred. The Committee asks the Government once again to provide statistics on the number and nationality of foreign workers employed in Senegal.

[The Government is asked to report in detail in 2003.]

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

Referring to the Committee's previous comments, the Government indicates in its report that it is currently lacking the information necessary to provide precise responses to the questions raised, but that the Ministry of Labour will liaise with the Social Security Fund to clarify the questions concerning transfers. The Government indicates, moreover, that the statistics requested will be supplied as soon as they are made available by the Social Security Fund.

The Committee notes this information. The Committee trusts that, in its next report, the Government will, with the cooperation of the Social Security Fund, be in a position to supply detailed statistics regarding the payment of accident benefits to workers who are nationals of a country which has ratified the Convention or to their dependants, when they live abroad, and to indicate the number of beneficiaries, their nationality and the value of the benefits transferred.

The Committee, moreover, requests the Government to indicate whether, in accordance with section 94(3) of the Social Security Code, the Social Security Fund has issued instructions designed to ensure, where appropriate, the transfer of accident benefits to foreign workers who are nationals of countries which have ratified Convention No. 19 and, if so, to provide a copy of the text.

[The Government is asked to report in detail in 2000.]

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

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 matters raised in its previous direct request, which read as follows:

Article 1, paragraph 2, of the Convention. The Committee notes the statistical information supplied by the Government in its report. It notes that this information only covers payments made in respect of beneficiaries residing in France, Mali and Mauritania (countries with which Senegal has also concluded bilateral social security agreements) but does not contain data in regard to payments made in any other countries bound by the Convention. Furthermore, the statistics in question show that no transfer has been made and no reimbursement requested since April 1990. The Committee requests the Government to indicate the reasons for this suspension of the payment of benefits abroad. It also hopes that the Government will not fail to supply statistical information on any other cases in which, in accordance with section 94(3) of Act No. 73-37 of 31 July 1973 embodying the Social Security Code, the Social Security Fund is providing industrial accident benefits to foreign workers who are nationals of a country which has ratified the Convention or to their dependants, when they live abroad, with an indication of the number and nationality of the beneficiaries, the value of the benefits transferred and the periods at which they are paid.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Article 1, paragraph 2, of the Convention. The Committee notes the statistical information supplied by the Government in its report. It notes that this information only covers payments made in respect of beneficiaries residing in France, Mali and Mauritania (countries with which Senegal has also concluded bilateral social security agreements) but does not contain data in regard to payments made in any other countries bound by Convention No. 19. Furthermore, the statistics in question show that no transfer has been made and no reimbursement requested since April 1990. The Committee requests the Government to indicate the reasons for this suspension of the payment of benefits abroad. It also hopes that the Government will not fail to supply statistical information on any other cases in which, in accordance with section 94(3) of Act No. 73-37 of 31 July 1973 embodying the Social Security Code, the Social Security Fund is providing industrial accident benefits to foreign workers who are nationals of a country which has ratified the Convention or to their dependants, when they live abroad, with an indication of the number and nationality of the beneficiaries, the value of the benefits transferred and the periods at which they are paid.

(The list of States which have ratified the Convention is attached.)

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 1, paragraph 2, of the Convention. The Committee takes note of the statistical information supplied by the Government in its report. It would be grateful if the Government would continue to supply statistical information on other cases in which, in accordance with section 94, paragraph 3, of Act No. 73-37 of 31 July 1973 enacting the Social Security Code, the Social Security Fund has assured payment of benefits to foreign workers from countries which have ratified the Convention, who are victims of occupational accidents, or to their dependants, when they are living abroad, indicating the number and nationality of the beneficiaries and the value and frequency of the benefits transferred.