Observación (CEACR) - Adopción: 1995, Publicación: 82ª reunión CIT (1995)

The Committee notes with regret that the Government's report contains no new information on the issues it has been raising for many years and which have been discussed on several occasions in the Conference Committee, the last one being in June 1993. The Committee recalls that on that occasion the Government stated, amongst other things, that it had actively prepared the necessary drafts to amend the legislation, despite the social unrest affecting the functioning of the administration. In these circumstances, the Committee again expresses the hope that the changes in the legislation mentioned by the Government will be adopted shortly, by legislative, regulatory 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 the 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 dependents (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, of 16 April 1981, establishing an old-age, invalidity and survivors' pensions scheme for wage-earners, 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 to both nationals of the Central African Republic and 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 the progress made in this respect.