Observation (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Article 5 of the Convention. Referring to section 66(2) of the Act of 3 February 1967 which provides that benefits are suspended where the beneficiary is not resident in Mauritania, except in the case of reciprocity agreements or international conventions, the Committee previously requested the Government to indicate the manner in which, in accordance with Article 5, paragraph 1, of the Convention, the payment of invalidity, old-age and survivors’ benefits and employment injury pensions is guaranteed in practice in the case of residence abroad, both to Mauritanians and to the nationals of countries which have accepted the obligations of the Convention for one or more of these branches of social security. In its report in 2001, the Government indicated that there are two methods for the payment of benefits in the case of residence abroad: by bank transfer or physical presence. In its last report received in October 2006, the Government states that, for a beneficiary whose country of origin has signed a bilateral or multilateral agreement with Mauritania, physical presence for opening the entitlement to benefits and for setting up a bank transfer of the benefits is not required. However, for a foreign national whose country of origin has not ratified a bilateral or multilateral agreement with Mauritania, even though physical presence is not compulsory for the opening of entitlement to benefits, it is required at least once a year for the payment of benefits. A beneficiary residing in a country which does not have a bilateral agreement with Mauritania can submit an application for a benefit through any channel (by post, through consular channels or through a social security administration), but for the payment of benefits physical presence in Mauritania, accompanied by a certificate of existence, is compulsory.

The Committee takes due note of these explanations. It understands, therefore, that beneficiaries whose country of origin has ratified a bilateral or multilateral agreement with Mauritania can receive benefits abroad via bank transfer, whereas beneficiaries whose country of origin has not ratified such an agreement with Mauritania are obliged to go to Mauritania at least once a year for the payment of benefits. The Committee also notes that, among the other 37 countries which have ratified Convention No. 118, Mauritania has only signed the bilateral social security agreement with France. With regard to the nationals of the remaining 36 countries which have not ratified a bilateral agreement with Mauritania, the Committee asks the Government to indicate whether they have to be physically present in Mauritania at least once a year for the payment of benefits and, if so, on the basis of which regulations. Please indicate also whether the same requirements concerning the physical presence of beneficiaries in Mauritania for opening the entitlement to benefits as well as for benefit payments are applicable to Mauritanian nationals residing abroad and in particular in countries which have not ratified a bilateral agreement with Mauritania.