Observación (CEACR) - Adopción: 1994, Publicación: 81ª reunión CIT (1994)

In its previous comments the Committee drew the Government's attention to the need to take appropriate measures to give full effect to Article 4 of the Convention, branch (g) (employment injury benefit), and Article 5, branch (e) (old-age benefit) so as to lift certain restrictions on payment of these benefits abroad. The Committee notes that the Government's report on the application of the Convention has not been received. It however takes note of the discussions at the Conference Committee in 1993, during which the Government stated in particular that, although social turbulence is affecting the running of the administration, it has none the less actively prepared the draft texts needed to make the necessary changes to the legislation. The Government also stated that it wished to receive ILO technical assistance in drafting the necessary amendments.

The Committee notes this information. It recalls that it has been commenting since 1968 on the issue of restrictions on payment abroad of employment injury benefit and old-age benefit, and that the matter has also been discussed on several occasions at the Conference Committee. In these circumstances, the Committee again expresses the hope that the changes to the legislation mentioned by the Government will be adopted in the near future, by laws, regulations or other means, and that they will ensure that full effect is given to the Convention as regards the following points:

Article 4 of the Convention, branch (g) (employment injury benefit). Section 27 of Act No. 65-66 of 24 June 1965 on industrial accident compensation should be supplemented by an express provision that in case of a victim of an occupational injury who was a national of a State that has accepted the obligations of the Convention for branch (g) (employment injury benefit) his or her dependants (survivors), even though they were not resident in the Central African Republic at the time of the victim's death and continue not to be so resident, may claim survivors' benefit if it is proved that they were actually dependent on the victim at the time of his death.

Article 5, branch (e) (old-age benefit). The national law should be supplemented by a provision for the payment of old-age benefit in case of residence abroad both to nationals of the Central African Republic and to nationals of any other member State that has accepted the obligations of the Convention for branch (e) (old-age benefit). In this connection, the Committee recalls that section 24 of Ordinance No. 81/024 establishing an old-age, invalidity and survivors' pension scheme for wage-earners, of 16 April 1981, and section 35 of Decree No. 423/340 of 10 August 1983, provide that benefits shall be suspended when the beneficiary does not reside in the national territory, except where there is reciprocity or an international agreement. It asks the Government to indicate whether Convention No. 118 is regarded as an "international agreement" within the meaning of above-mentioned sections 24 and 35. If so, the Government is asked to indicate the measures taken or envisaged by the Social Security Office of the Central African Republic to ensure that, in practice, old-age benefit is paid in the event of residence abroad both to nationals of the Central African Republic and to nationals of countries that have accepted the obligations of the Convention for branch (e) (to date: Barbados, Brazil, Cape Verde, Egypt, Guinea, Iraq, Israel, Italy, Kenya, Libyan Arab Jamahiriya, Mauritania, Mexico, Netherlands, Rwanda, Syrian Arab Republic, Tunisia, Turkey, Venezuela and Zaire).

The Committee hopes that the Government will not fail to send a report for examination at its next session and that it will contain detailed information on progress made in this respect.