Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Repetition

The Committee notes the information supplied by the Government which were received in September 2006 and May 2007, according to which, in general terms, Convention No. 118 is barely being applied owing to budgetary problems and no national legislation is ready to be enacted in this area. The Government indicates that equality of treatment with regard to the granting of benefits is subject, contrary to Article 4, paragraph 1, of the Convention, to the condition of residence of foreign nationals on the national territory. With regard to the payment of benefits abroad provided for by Article 5, paragraph 1, of the Convention, the Government indicates that no indemnity or benefit is paid when the beneficiary resides abroad, except in the case of persons appointed to an embassy or a representation of an undertaking whose headquarters are located in the Central African Republic. The granting of family allowances is made on condition that the children reside on the national territory, which is contrary to Article 6 of the Convention. Finally, no multilateral or bilateral social security agreement has been concluded with the member States to comply with the requirements of Articles 7 and 8 of the Convention, since the Central African Republic does not participate in any system of rights preservation. However, the Government points out that it has undertaken a far-reaching reform of national social legislation, including social security legislation, which takes account in particular of the Committee’s observations concerning the application of Conventions Nos 18, 117 and 118.

The Committee notes with regret that, since the ratification of the Convention in 1964, the Government has not managed to take the necessary measures to give effect to the principal provisions of the Convention, notwithstanding the persistent observations of the ILO supervisory bodies. It trusts, however, that in the context of the reform of the social sector announced in the report, the Government will be able to make specific amendments to the national legislation in order to bring it into full conformity with the Convention, requesting technical assistance from the ILO if necessary. The Committee once again indicates in detail the amendments in question in a direct request to the Government. Finally, it would be grateful if the Government would send it a copy of the new Social Security Code, enacted by Act No. 06035 of 28 December 2006, and to indicate how this takes account, in particular, of the Committee’s observations concerning the application of the Convention.