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The Committee notes the information provided by the Government in 2007 in its reports on Conventions Nos 19 and 118, as well as the replies to the Committee’s previous direct requests concerning these Conventions. It observes with regret that, since the ratification of Convention No. 118 by Egypt in 1993, there has been no change in the social security law and practice in Egypt as regards the application of this instrument, the main provisions of which continue not to be fulfilled.

Article 3 of the Convention. Equality of treatment. According to section 2(2) of the Social Insurance Act (No. 79 of 1979), the provisions of this Act apply to foreign nationals on condition that the duration of their contract is not less than one year, and that there is a reciprocity agreement between their country of origin and Egypt, subject to non violating the provisions of conventions ratified by Egypt. The Government states nevertheless that the nationals of countries which have ratified Convention No. 118, enjoy insurance benefits provided under the Social Insurance Act regardless of the duration of their contracts or the existence of the reciprocity agreement. The same statement is made by the Government in its report of 2007 on Convention No. 19. The Committee takes due note of these statements and understands that the Convention has a higher rank in the national legal system than the law. The Committee notes that the Government has not supplied any documentary evidence requested by the Committee proving that the above interpretation given by the Government is applied in practice by the social security institutions. The Committee also recalls that in its previous reports on the application of Conventions Nos 19 and 118 the Government has been consistently making the opposite statement that foreign nationals could enjoy social insurance benefits subject to the duration of their contract being not less than one year. In this situation and in order to dissipate any doubts as to the fact that the requirements of the Convention overrule the abovementioned limitations contained in the Social Insurance Act, the Committee would like the Government to instruct the responsible social security institutions in the country to disregard the duration of contract and reciprocity agreement requirements under section 2(2) of the Social Insurance Act with respect to the nationals of 37 countries which have also ratified Convention No. 118, and for the accident compensation benefits, with respect to the nationals of 120 countries which have also ratified Convention No. 19.

Article 5. Payment of benefits abroad. The Committee regrets to note that, since the ratification of the Convention, the Government has taken no measures to comply with its Article 5, which obliges Egypt to establish financial mechanisms for the transfer of invalidity, old-age, survivors’ benefits and death grants, and employment injury pensions in case of residence of the beneficiary abroad. The Government repeats that there are no effective ways to transfer pensions outside of Egypt, if there is no reciprocity agreement, but has never mentioned the existence of any such agreement or its intention to conclude one. The Committee wishes to point out in this respect that Article 5 obliges the ratifying States to export benefits abroad even in the absence of any bilateral social security agreements with the country of nationality or the country of residence of the beneficiary concerned and to take unilateral measures to this effect.

The Government further repeats that the insured persons themselves may transfer their entitlements to any bank which has branches outside Egypt and which may therefore forward them to the country where the beneficiary resides. The Committee wishes to point out in this respect that by placing the obligation to transfer benefits abroad on the State, Article 5 of the Convention specifically intended to prevent situations where beneficiaries would have to make their own individual arrangements for the transfer of their entitlements abroad at their own expense. By ratifying the Convention, the Government has undertaken to ensure that the responsible social insurance institutions shall deliver the abovementioned benefits to the new place of residence of the beneficiary outside Egypt and shall bear the cost of such transfer. For this purpose appropriate banking arrangements shall be put in place with the help of the National Bank, if need be, and the administrative assistance of the countries concerned, which they have to afford to Egypt free of charge under Article 11 of the Convention.

Finally, the Government reiterates that the beneficiary residing abroad has to submit evidence as to his entitlement to a pension each year in January. The Committee would like the Government to explain how, in the absence of reciprocity agreements and administrative assistance between Egypt and other countries, the beneficiaries residing abroad can effectively submit evidence of their entitlement to the social security institution inside Egypt. Please also explain how the survivors’ benefit and the death grant could be claimed by the dependants of the deceased insured person who are not nationals of Egypt, reside abroad and have never been to Egypt.

The Committee observes that the absence of the practical methods for pensions transfer outside of Egypt compels the beneficiaries leaving the country to abdicate their right to a pension by applying for a lump sum in its place, in accordance with sections 27 and 28 of the Social Insurance Act. The conversion of a pension or an annuity into a lump sum, even when this is done at the request of the beneficiary, and particularly under the threat of loosing such pension in case of moving outside of Egypt, is contrary to the letter and the very purpose of the Convention. In such a regrettable situation, it is the role of the supervisory system to alert the Government, as well as other States parties to the Convention, to the fact that Egypt is in breach of its international obligation under Article 5 of the Convention to guarantee the payment of respective benefits to the nationals of States which have accepted the obligations of the Convention for the same branch, as well as to refugees and stateless persons, in case of their residence abroad, irrespective of the country of residence. In doing so, the Committee strongly urges the Government to demonstrate the political will to institute an effective system of the transfer of the Egyptian social security benefits abroad by taking appropriate measures either unilaterally or within the framework of bilateral and multilateral social security agreements, including schemes for the maintenance of the acquired rights and rights in course of acquisition mentioned in Articles 7 and 8 of the Convention.

Articles 7 and 8. The Committee observes that the information supplied by the Government in reply to the Committee’s request has nothing to do with the content of these Articles of the Convention and the questions raised by the Committee. To clarify the meaning of the obligations laid down by these Articles, the Government may wish to seek technical assistance from the Office concerning existing international legal framework for the schemes for the maintenance of the acquired rights and rights in course of acquisition.

Article 10. Coverage of refugees and stateless persons. The Government states that the Social Insurance Act does not include any provision concerning refugees and stateless persons, as such a provision, as laid down in the Convention, does not include the condition of reciprocal treatment. The Committee wishes to refer the Government to its statement under Article 3 of the Convention, which declares that according to section 2(2) of the Social Insurance Act, precedence is given to the provisions of international Conventions ratified by Egypt. This provision overrules the condition of reciprocal treatment required by this same Act. The Committee would therefore like the Government to formally confirm in its next report that, by virtue of Article 10 of Convention No. 118 ratified by Egypt, refugees and stateless persons are granted equality of treatment with Egyptian nationals in all aspects of social security covered by the Convention.

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Article 2, paragraph 6(a) of the Convention. The Government stated that the Egyptian legislation provides benefits other than those the granting of which depends either on direct financial participation by the persons protected or their employers. It provided, in this regard, a table indicating the laws which were issued on annual increasing pensions from 1987 to 2004. The Committee takes note of this information and requests the Government to supply, in its next report, information on why it considers the pension increases to be a benefit under this provision of the Convention and also to specify whether or not the pensions increase is financed from contributions of either the persons protected or their employers.

Article 3. The Committee notes the statement of the Government that Convention No. 118 is an international agreement within the meaning of section 2(b) of Act No. 79 of 1975 and, therefore, all nationals of countries which ratified the Convention shall enjoy specified rights and benefits provided the duration of the contract is of a minimum of one year. As regards the nature of the Convention in the light of section 2(b) of Act No. 79 of 1975, and referring to its previous comments, the Committee requests the Government to provide, in its next report, copies of any legislative provisions, regulations or administrative measures (such as a circular from the authority competent in the field of social insurance) which apply such an interpretation in practice. With regard to the Government’s statement that the duration of contract should be of a minimum of one year as a condition to be entitled to rights and benefits by virtue of the same section, the Committee recalls that this condition is not in conformity with the principle of equality of treatment between nationals of Egypt and nationals of the States which have ratified the Convention and, therefore, requests the Government to indicate the measures taken to ensure equality of treatment also in the case of foreign workers engaged under a contract of employment of less than one year, in accordance with Article 3, paragraph 1, of the Convention. In this regard, the Committee notes the Government’s statement that the ministry concerned has been informed of the Committee’s comments with a view to considering the compatibility of the Social Insurance Act (No. 79 of 1979) with the provisions of the Convention on this subject when it is revised. The Committee hopes that the Government will take the necessary measures in the near future to give full effect to the Convention.

Article 5. The Government stated that under section 28 of the Social Insurance Law, read in conjunction with section 27, in the case of an insured foreign person leaving the country definitively, or being permanently engaged in work abroad, or in the case of emigration of the insured person, the insured person can claim payment of the pension to which he is entitled, or abdicate his right to a pension by applying for a lump sum in its place. It also stated that Act No. 79 of 1975 does not provide for practical methods for pensions transfer outside of Egypt if there is no reciprocity agreement; in this case the transfer may be made to one of the banks which has branches outside Egypt. Referring to its previous comments in this respect, the Committee recalls that Article 5 of the Convention is intended to ensure the provision of invalidity benefits, old-age benefits, survivors’ benefits and death grants, and employment injury pensions in the case of residence of the beneficiary abroad, and particularly when residence is transferred outside Egypt. The conversion of a pension or an annuity into a lump sum, even when this is done at the request of the beneficiary, is not envisaged by this provision. The Committee hopes that the Government will be able to reconsider the matter so that it can take the necessary measures to ensure in all cases the full application of Article 5 of the Convention in this respect.

Articles 7 and 8. The Committee notes the information provided by the Government. It notes that the Government stated, in its initial report of 1995, that Egypt does not participate in a scheme for the maintenance of the acquired rights and rights in course of acquisition. In its reports of 1996 and 1997, it stated that many bilateral agreements have been concluded between Egypt and a number of States and that these agreements contain rules giving effect to the Convention in this respect and that copies of these agreements would be provided to the ILO. In its report of 2001, it stated that it would forward the measures referred to upon completion of a mutual system between Egypt and another member State which has ratified the Convention. In its subsequent reports, the Government does not supply any information on this specific point. The Committee recalls that the Convention provides that Members for which this Convention is in force shall, upon terms being agreed between the Members concerned in accordance with Article 8, endeavour to participate in schemes for the maintenance of the acquired rights and rights in course of acquisition under their legislation of the nationals of Members for which the Convention is in force, for all branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. It would be grateful if the Government would supply information in its next report on all measures taken to give full effect to this provision and if it would provide copies of any agreements concluded with other States in this respect.

Article 10. The Government stated that the Egyptian Social Insurance Act No. 79 of 1975 does not include any text on refugees or stateless persons. The Committee requests the Government to indicate in its next report the measures which have been taken or are envisaged to ensure the application of this law to refugees and stateless persons, in accordance with this provision of the Convention.

Article 11. The Government stated that no measures were taken regarding the application of this provision of the Convention. The Committee recalls that this provision envisages that States shall afford each other administrative assistance free of charge with a view to facilitating the application of the Convention and the implementation of their respective social security legislation. The Committee hopes that the Government will be able to indicate in future reports the measures which have been taken or are envisaged to give effect to this obligation.

The Committee hopes that the Government will take the necessary measures in the near future to give full effect to the Convention.

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In its previous comments, the Committee noted the Government’s promise to send in the near future full replies and information concerning the matters which it raised with regard to the application of Article 2, paragraph 6, and Articles 7, 8, 10 and 11 of the Convention, and the text of Act No. 112 of 1980 concerning workers in occasional employment, and it therefore hoped that this information and the text of the legislation would be sent by the Government for examination. The Committee notes that the Government’s report does not contain the requested information and repeats its request to provide this information in its next report.

Article 3, paragraph 1. In its previous comments, the Committee noted the Government’s statement that foreign workers who are nationals of a country which has ratified the Convention must nevertheless comply with the condition respecting the duration of their contract to benefit from the application of the Social Insurance Act. In view of the fact that this condition is not in conformity with the principle of equality of treatment between nationals of Egypt and nationals of the States which have ratified the Convention, the Committee requested the Government to indicate the measures taken to ensure equality of treatment also in the case of foreign workers engaged under a contract of employment of less than one year, in accordance with Article 3, paragraph 1, of the Convention. In this regard, the Committee notes the Government’s statement that the ministry concerned has been informed of the Committee’s comments with a view to considering the compatibility of the Social Insurance Act (No. 79 of 1979) with the provisions of the Convention on this subject when it is revised. The Committee hopes that the Government will take the necessary measures in the near future to give full effect to the Convention.

[The Government is asked to provide a report in detail in 2005.]

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With reference to its previous comments, the Committee notes the information provided by the Government in its report in 2001, and particularly on the application of Article 5 of the Convention. It also notes the Government’s promise to provide replies and full particulars in the near future on the other matters raised by the Committee with regard to the application of Article 2, paragraph 6, and Articles 7, 8, 10 and 11 of the Convention, as well as the text of Law No. 112 of 1980 respecting workers in occasional employment. The Committee therefore hopes that this information and legislation will be provided for examination at its next session in November-December 2003 and that it will also cover the following point.

Article 3, paragraph 1. The Committee recalls that, under the terms of this provision of the Convention, each State for which this Convention is in force shall grant within its territory to the nationals of any other State for which the Convention is in force equality of treatment under its legislation with its own nationals, both as regards coverage and as regards the right to benefit, in respect of every branch of social security for which it has accepted the obligations of the Convention. The Committee notes that, subject to the provisions of the international agreements to which Egypt is a party, the Social Insurance Law No. 79 of 1975 applies to foreign nationals provided that the period of their contract is not less than one year and there is a reciprocity agreement (section 2(2) of the Law). In this respect, the Committee requested the Government to indicate whether Convention No. 118 is considered to be an international agreement within the meaning of section 2(2) of the Social Insurance Law and, if so, whether the provisions of the above Law are applicable to foreign nationals of a country which has ratified Convention No. 118, irrespective of the period of their contract and even in the absence of an agreement providing for reciprocal treatment. According to the information provided on this matter by the Government, foreign workers who are nationals of a country which has ratified the Convention must nevertheless comply with the condition respecting the duration of their contract to benefit from coverage of the Social Insurance Law. In view of the fact that this condition is not in conformity with the principle of equality of treatment between nationals of Egypt and nationals of the States which have ratified the Convention, the Committee requests the Government to provide fuller information on this matter and to indicate the measures taken to ensure equality of treatment also in the case of foreign workers engaged under a contract of employment of less than one year, in accordance with Article 3, paragraph 1, of the Convention.

[The Government is asked to report in detail in 2003.]

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With reference to its previous comments, the Committee notes the information provided by the Government in its report. It also notes the English version of the Social Insurance Law published by the Middle East Library for Economic Services (MELES). It wishes to draw the Government’s attention to and receive additional information on the following points.

Article 2, paragraph 6, of the Convention.  In its last report, the Government refers to correspondence exchanged previously with the ILO at the time of the ratification of the Convention with regard to Article 2, paragraph 6(a), of the Convention; in a letter of 6 January 1993, the General Director of the Ministry of Manpower and Training indicated that the benefits provided by virtue of its legislation to raise the level of pensions were (benefits provided) in accordance with paragraph 6(a) above. The Committee would be grateful if the Government would provide with its next report the text of the various legal provisions increasing pension rates to which reference is made in the above correspondence of 6 January 1993, with an indication of their scope and in particular whether such increases also apply to pensions payable to non‑nationals.

Please also indicate whether non‑nationals may avail themselves of the terms of section 14 of Law No. 47 of 1984, to which also reference was made in the above correspondence.

Article 3.  The Committee notes that, under section 2 of the Social Insurance Law, No. 79 of 1975, the application of this Law to foreigners is subject to the condition that the period of their contract is not less than one year and to the existence of an agreement for reciprocal treatment. The Committee recalls that, by virtue of Article 3, paragraph 1, of the Convention, each Member for which this instrument is in force shall grant within its territory to the nationals of any other Member for which the instrument is in force equality of treatment with its own nationals, both as regards coverage and as regards the right to benefits, in respect of every branch of social security for which it has accepted the obligations of the Convention. In view of the fact that section 2, paragraph 2, of the Social Insurance Law is applicable without prejudice to the provisions of international agreements concluded by Egypt, the Committee would be grateful if the Government would indicate in its next report whether Convention No. 118 is considered to be an international agreement within the meaning of section 2, paragraph 2, and, if so, whether the provisions of the above Law are applicable to foreigners who are nationals of a country which has ratified Convention No. 118, irrespective of the period of their contract and even in the absence of an agreement for reciprocal treatment. It would also be grateful if the Government would provide with its next report copies of any legislative provisions, regulations or administrative measures (such as a circular from the authority competent in the field of social insurance) which apply such an interpretation in practice.

Article 5.  Under section 28 of the Social Insurance Law, read in conjunction with section 27, in case an insured foreign person leaves the country definitively, or is permanently engaged in work abroad, or in case of emigration of the insured person, the insured person can claim payment of the pension to which he is entitled, or abdicate his right to a pension by applying for a lump sum in its place. The Committee recalls in this respect that Article 5 of the Convention is intended to ensure the provision of invalidity benefits, old‑age benefits, survivors’ benefits and death grants, and employment injury pensions in the case of residence of the beneficiary abroad, and particularly when residence is transferred outside Egypt. The conversion of a pension or an annuity into a lump sum, even when this is done at the request of the beneficiary, is not envisaged by this provision of the Convention. In these conditions, the Committee hopes that the Government will be able to reconsider the matter so that it can take the necessary measures to ensure in all cases the full application of Article 5 of the Convention in this respect.

In the meanwhile, the Committee would be grateful if the Government would provide detailed information on the manner in which the transfer of pensions abroad is ensured in cases where, in accordance with article 28 of the Social Insurance Law, the beneficiary chooses not to convert the pension into a lump sum and requests payment of the benefits in the form of a pension.

Articles 7 and 8.  The Committee notes the information provided by the Government. It would be grateful if the Government would provide information in its next report on all the measures taken to participate in a scheme for the maintenance of acquired rights and rights in course of acquisition with other States which have ratified the Convention, and particularly those with which there are migratory flows.

Article 10.  The Committee requests the Government to indicate in its next report the measures which have been taken or are envisaged to ensure the application of the Social Insurance Law, No. 79 of 1975, to refugees and stateless persons, in accordance with this provision of the Convention.

Article 11.  The Committee recalls that this provision envisages that States shall afford each other administrative assistance free of charge with a view to facilitating the application of the Convention and the implementation of their respective social security legislation. The Committee hopes that the Government will be able to indicate in future reports the measures which have been taken or are envisaged to give effect to this obligation.

Furthermore, the Committee requests the Government to supply the text, if possible in English, of the Social Insurance Law for Employers and Self‑Employed Workers, No. 108 of 1976, and of Law No. 112 of 1980 respecting workers in occasional employment, as well as their implementing regulations, with an indication of the manner in which this legislation implements the principles set forth in the Convention and in which it applies, in particular, to foreigners, as well as to refugees and stateless persons.

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The Committee notes the information contained in the Government's first report. It would like the Government to supply a copy of the Social Insurance Act No. 79 of 1975, as amended to date, in order to fully assess the application of the Convention. The Committee reserves the possibility to make comments following a review of the requested legislation.

[The Government is asked to report in detail in 1997.]