Demande directe (CEACR) - adoptée 1992, publiée 79ème session CIT (1992)

Article 5 of the Convention. In response to the Committee's previous comments, the Government states that Decree No. 74-499 of 27 April 1974 concerning the old-age, invalidity and survivors' scheme in the non-agricultural sector provides in section 49 for the grant of pensions and allowances without any requirement of residence in Tunisia for nationals of countries which are linked with Tunisia by a diplomatic treaty instituting a regime of reciprocity with regard to old-age, invalidity and survivors' insurance or which have acceded to a multilateral Convention for the same purpose.

The Committee takes note of this information. It points out, however, that so far as Tunisian nationals are concerned both the above-mentioned provision and section 77 of Act No. 81-6 of 12 February 1981 organising social security schemes in the agricultural sector, make the grant of the above-mentioned benefits conditional on the applicant residing in Tunisia on the date of application for the benefit. Since under Article 5 of the Convention nationals of Tunisia - like nationals of any other State which has accepted the obligations of the Convention - should enjoy long-term benefits in case of residence abroad, without restriction, even where they reside outside Tunisia on the date of application or when the arrears fall due, the Committee once again expresses the hope that the Government will take the necessary measures to bring the national law into full conformity with the Convention.