Observation (CEACR) - adoptée 1994, publiée 81ème session CIT (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. With reference to its previous comments, the Committee notes the information supplied by the Government in its reports received in March 1991 and January 1992, that the draft Social Security Code prepared with ILO technical assistance, which should make it possible for effect to be given to Article 5 of the Convention (the provision of certain benefits abroad), has been submitted to the Council of Ministers for approval and should be adopted very shortly. The Committee also notes the Government's statement that, pending the adoption of provisions to facilitate the payment of benefits abroad, currently a lump sum equivalent to 36 months' wages and freely convertible into foreign currency is paid locally. In this connection, the Committee wishes to draw the Government's attention to the fact that the payment of a lump sum in the event of transfer of residence abroad, instead of periodic payments, is not fully consistent with Article 5 of the Convention which provides for the payment of the benefits concerned when the beneficiary resides abroad, and not their conversion into a lump sum. The Committee therefore hopes that the draft Social Security Code will be adopted shortly and that it will contain provisions which explicitly give effect to Article 5 of the Convention. It asks the Government to provide information on progress made in this respect, and on any measures taken to ensure the application of this provision of the Convention in practice, regardless of the existence of any legislation on foreign exchange control. Article 6. The Committee hopes that the draft Social Security Code mentioned above will also ensure the application of Article 6 of the Convention under which each State which has accepted the obligations of this Convention in respect of family benefit shall guarantee the grant of family allowances both to its own nationals and to the nationals of any other State which has accepted the obligations of this Convention for this branch, and to refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.