Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

Article 5 of the Convention. In its earlier comments, the Committee requested the Government to confirm its previous statement to the effect that Convention No. 118 is in principle regarded as an international Convention within the meaning of section 44 of Legislative Decree of 22 August 1974 to organize social security, as amended by Act No. 32/1988 of 12 October 1988, which provides that benefits are suspended when the beneficiary does not reside within the national territory except in the case of reciprocity agreements or international Conventions. It also asked whether payments to beneficiaries residing abroad were indeed made on this basis. The Committee notes that in its last report, the Government appears to revise that statement by citing the above-mentioned section 44 as referring only to bilateral Conventions. In this context, the Government refers to the social security Convention of the Great Lakes Countries (CPGL); it also specifies that talks are under way with Uganda with a view to achieving reciprocity in the area of social security.

The Committee would like to remind the Government that by ratifying the present Convention and accepting the ensuing obligations in respect of the social security branches (d), (e), (f), and (g), it has also, under the terms of Article 5 of the Convention, committed itself to guaranteeing, both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the branches in question, and to refugees and stateless persons, provision of invalidity benefits, old-age benefits, survivors' benefits, death grants, and employment injury pensions, without any condition of reciprocity and irrespective of the beneficiary's country of residence, even in the absence of bilateral or multilateral social security agreements. The Committee therefore requests the Government to review the situation with a view to ensuring full application of the Convention in this area, in law and in practice.

Furthermore, the Committee would be grateful if the Government would continue to provide information on any new agreement entered into with States that have accepted the obligations under the present Convention for the branches in question (Uganda is not one of these States) with a view to ensuring the maintenance of acquired rights and rights in course of acquisition, in accordance with Articles 7 and 8 of the Convention.