Observation (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

The Committee notes that the Government’s report once again contains no reply to previous comments. It is therefore bound to repeat its previous observation, which read as follows:

The Committee 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, most recently in June 1993. On that occasion, the Government stated that it had prepared the necessary draft to amend the legislation and that it wished to receive ILO technical assistance in this respect. In its report of 1997, the Government again referred to the draft texts under preparation. However, no mention of this text is made in the Government’s latest report received in August 2001, which indicates only that the Committee’s comments have been transmitted to the General Directorate of the Central African Social Security Office (OCSS). The Committee regrets to note that no new measure affecting the application of the Convention has been taken by the Government. In these circumstances, the Committee once again expresses the hope that the changes to the legislation mentioned by the Government since 1993 will be finalized and adopted in the very near future, by laws, regulations or other means, without the need for further reminders to be given to the Government. The Committee trusts that changes will be effected in legislation with a view to ensuring that full effect be given to the Convention with regard to 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 employment injury who was a national of a State which has accepted the obligations of the Convention concerning employment injury benefit, his dependants (survivors), even if they were resident abroad at the time of the victim’s death and continue to reside abroad, shall receive survivor’s benefits, if it is proved that they were actually dependants at the time of his death.

Article 5 (branch (e)) (Old-age benefit). The national legislation should be amended to provide for 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 concerning branch (e).

Article 6 of the Convention. Section 1 of Act No. 65-57 of 3 June 1965 on family benefits needs to be amended so as to provide express guarantees, both for nationals of the Central African Republic and to nationals of any other Member which has accepted the obligations of the Convention for branch (i) concerning family benefits, for payment of family benefits for children residing on the territory of such other Member, under conditions and within limits to be agreed upon by the Members concerned. (To date, the countries which have accepted the obligations for branch (i) are: Bolivia, Cape Verde, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Norway, Tunisia and Uruguay).

The Committee draws once again the Government’s attention to the availability of technical assistance of the Office.

The Committee is raising certain other points in a request addressed directly to the Government.