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Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Mali (RATIFICATION: 1964)

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The Committee notes the information provided by the Government, which answers the points raised in its previous direct request and has no further matters to raise in this regard.

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Article 1(2) of the Convention. Payment of benefits abroad in case of an occupational accident. The Committee notes the information provided by the Government, which answers the points raised in its previous direct request. The Committee notes in particular the confirmation that migrant workers from countries which have ratified the Convention and who are living abroad, receive industrial accidents benefits at their residence by virtue of Article 136 of the Social Protection Code of 1999 and several bilateral and multilateral social security agreements, such as the Inter-African Conference on Social Security.

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The Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition
Article 1(1) and (2) of the Convention. Payment abroad of occupational accident compensation. The Committee notes that, by virtue of section 136 of the Social Security Code of 1999, foreign nationals who have suffered occupational accidents and who come from countries which are not linked to Mali by a reciprocal agreement on the matter, or which are not party to Convention No. 19, no longer continue to receive their regular benefits in the event of a transfer of residence outside the monetary zone to which Mali belongs. Such individuals receive instead a lump sum equal to three times the amount of the annuity they had been granted. Conversely, nationals of the countries party to this Convention seem to continue to receive their regular benefits in the event of a transfer of residence outside of the abovementioned zone. In its last report, the Government indicates however that no steps have yet been taken to ensure that the special arrangements agreed with certain countries, in relation to the transfer of compensation payments in the case of occupational accidents, are applicable to all foreign workers who are nationals of a State that has ratified the Convention. The Government also provides a description of the reciprocal regimes instituted by means of bilateral agreements with France, Burkina Faso, Mauritania and Senegal.
Since the Convention guarantees, without any condition of residence, equality of treatment between national workers and workers from other countries party to the Convention in the case of occupational accidents, the Committee would be grateful if the Government would indicate, in its next report, the manner in which national regulations and practice guarantee that a person originating from a country that has ratified the Convention and who has suffered an occupational accident in Mali would have the right to continue receiving his benefits abroad in all the cases where this is possible for Malian nationals.
The Committee also asks the Government, once again, to provide with its next report, information, particularly statistics, on the number of workers and the origins of foreign workers employed in Mali, the number of occupational accidents they have suffered and, where appropriate, the amount of the benefits that would have been transferred in the event of the residence abroad of these victims or their dependants.

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Repetition
Article 1(1) and (2) of the Convention. Payment abroad of occupational accident compensation. The Committee notes that, by virtue of section 136 of the Social Security Code of 1999, foreign nationals who have suffered occupational accidents and who come from countries which are not linked to Mali by a reciprocal agreement on the matter, or which are not party to Convention No. 19, no longer continue to receive their regular benefits in the event of a transfer of residence outside the monetary zone to which Mali belongs. Such individuals receive instead a lump sum equal to three times the amount of the annuity they had been granted. Conversely, nationals of the countries party to this Convention seem to continue to receive their regular benefits in the event of a transfer of residence outside of the abovementioned zone. In its last report, the Government indicates however that no steps have yet been taken to ensure that the special arrangements agreed with certain countries, in relation to the transfer of compensation payments in the case of occupational accidents, are applicable to all foreign workers who are nationals of a State that has ratified the Convention. The Government also provides a description of the reciprocal regimes instituted by means of bilateral agreements with France, Burkina Faso, Mauritania and Senegal.
Since the Convention guarantees, without any condition of residence, equality of treatment between national workers and workers from other countries party to the Convention in the case of occupational accidents, the Committee would be grateful if the Government would indicate, in its next report, the manner in which national regulations and practice guarantee that a person originating from a country that has ratified the Convention and who has suffered an occupational accident in Mali would have the right to continue receiving his benefits abroad in all the cases where this is possible for Malian nationals.
The Committee also asks the Government, once again, to provide with its next report, information, particularly statistics, on the number of workers and the origins of foreign workers employed in Mali, the number of occupational accidents they have suffered and, where appropriate, the amount of the benefits that would have been transferred in the event of the residence abroad of these victims or their dependants.

CMNT_TITLE

The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition
Article 1(1) and (2) of the Convention. Payment abroad of occupational accident compensation. The Committee notes that, by virtue of section 136 of the Social Security Code of 1999, foreign nationals who have suffered occupational accidents and who come from countries which are not linked to Mali by a reciprocal agreement on the matter, or which are not party to Convention No. 19, no longer continue to receive their regular benefits in the event of a transfer of residence outside the monetary zone to which Mali belongs. Such individuals receive instead a lump sum equal to three times the amount of the annuity they had been granted. Conversely, nationals of the countries party to this Convention seem to continue to receive their regular benefits in the event of a transfer of residence outside of the abovementioned zone. In its last report, the Government indicates however that no steps have yet been taken to ensure that the special arrangements agreed with certain countries, in relation to the transfer of compensation payments in the case of occupational accidents, are applicable to all foreign workers who are nationals of a State that has ratified the Convention. The Government also provides a description of the reciprocal regimes instituted by means of bilateral agreements with France, Burkina Faso, Mauritania and Senegal.
Since the Convention guarantees, without any condition of residence, equality of treatment between national workers and workers from other countries party to the Convention in the case of occupational accidents, the Committee would be grateful if the Government would indicate, in its next report, the manner in which national regulations and practice guarantee that a person originating from a country that has ratified the Convention and who has suffered an occupational accident in Mali would have the right to continue receiving his benefits abroad in all the cases where this is possible for Malian nationals.
The Committee also asks the Government, once again, to provide with its next report, information, particularly statistics, on the number of workers and the origins of foreign workers employed in Mali, the number of occupational accidents they have suffered and, where appropriate, the amount of the benefits that would have been transferred in the event of the residence abroad of these victims or their dependants.

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The Committee notes the information communicated by the Government in its report and would like to draw the Government’s attention to the following point.

Article 1, paragraphs 1 and 2, of the Convention. Payment abroad of occupational accident compensation. The Committee notes that, by virtue of section 136 of the Social Security Code of 1999, foreign nationals who have suffered occupational accidents and who come from countries which are not linked to Mali by a reciprocal agreement on the matter, or which are not party to Convention No. 19, no longer continue to receive their regular benefits in the event of a transfer of residence outside the monetary zone to which Mali belongs. Such individuals receive instead a lump sum equal to three times the amount of the annuity they had been granted. Conversely, nationals of the countries party to this Convention seem to continue to receive their regular benefits in the event of a transfer of residence outside of the abovementioned zone. In its last report, the Government indicates however that no steps have yet been taken to ensure that the special arrangements agreed with certain countries, in relation to the transfer of compensation payments in the case of occupational accidents, are applicable to all foreign workers who are nationals of a State that has ratified the Convention. The Government also provides a description of the reciprocal regimes instituted by means of bilateral agreements with France, Burkina Faso, Mauritania and Senegal.

Since the Convention guarantees, without any condition of residence, equality of treatment between national workers and workers from other countries party to the Convention in the case of occupational accidents, the Committee would be grateful if the Government would indicate, in its next report, the manner in which national regulations and practice guarantee that a person originating from a country that has ratified the Convention and who has suffered an occupational accident in Mali would have the right to continue receiving his benefits abroad in all the cases where this is possible for Malian nationals.

The Committee also asks the Government, once again, to provide with its next report, information, particularly statistics, on the number of workers and the origins of foreign workers employed in Mali, the number of occupational accidents they have suffered and, where appropriate, the amount of the benefits that would have been transferred in the event of the residence abroad of these victims or their dependants.

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The Committee notes the information supplied by the Government in its report and the documents attached to the report. It notes in particular the enactment of Act No. 99-041 of 12 August 1999 issuing the Social Security Code, and wishes to draw the Government’s attention to the following point.

Article 1, paragraph 2, of the Convention. Payment abroad of occupational accident compensation. The Committee notes that the Social Security Code adopted in 1999 has not amended the occupational accident compensation scheme that applied formerly to foreign workers and their dependants who no longer reside in the monetary area to which Mali belongs. The Committee further notes that, according to the Government, the payment of occupational accident compensation to Malian nationals or their dependents who reside abroad is governed by social security agreements, such as the ones Mali has signed with France, Togo, Senegal and Burkina Faso. The Committee understands that these special arrangements for the transfer of benefits that Mali has with certain countries likewise apply, on the same terms, to all foreign workers who are nationals of a State that has ratified the Convention and to their dependants. It would be grateful if the Government would state in its next report whether this is so, and would provide a copy of the bilateral social security agreements referred to above. Please also provide general information on the manner in which the Convention is applied in practice specifying, if current statistics allow, the number of foreign workers employed in Mali, the number of occupational accidents suffered by such workers and, should needs be, the amount of any benefits transferred to them or their dependants in the event of residence abroad.