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Social Security (Minimum Standards) Convention, 1952 (No. 102) - Mauritania (RATIFICATION: 1968)

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Part V (Old-age benefit) of the Convention, Article 27(a); Part VI (Employment injury benefit), Article 33(a); Part VII (Family benefit), Article 41(a); Part IX (Invalidity benefit), Article 55(a); and Part X (Survivors’ benefit), Article 61(a). Scope of application. In its previous comments, the Committee requested the Government to provide information on the implementation of social security reforms, including in particular the extension of the coverage of the social security system to all regions of Mauritania in 2017.

Noting the absence of information from the Government on this point, the Committee observes that, according to the national report of the Ministry of the Economy and Industry of Mauritania on the implementation of the Istanbul Programme of Action for Least Developed Countries (LDCs) of 25 February 2020, only a small proportion of the population benefits from social protection, due to the low numbers in wage employment in the formal economy among the economically active population. In this connection, the Committee also observes that the informal economy represents 89.4 per cent of employment in Mauritania, and only 40.6 per cent of workers are legally covered in terms of old-age and invalidity benefit, employment injury benefit and family benefit (ILO, World Social Protection Database, 2021). The Committee recalls that Articles 27(a), 33(a), 41(a), 55(a) and 61(a) of the Convention require the social security benefits provided for under these Articles to be guaranteed to not less than 50 per cent of all employees. The Committee requests the Government to provide statistical data on the number of persons protected covered by old-age and invalidity benefit, employment injury benefit and family benefit, in accordance with Title I of Article 76 of the report form for the Convention. Recalling that the objective of the Convention is to ensure that the largest number of workers enjoy the benefits provided for by the Convention for each of the contingencies accepted, the Committee requests the Government to supply information on the measures envisaged to extend protection through social security benefits to workers in the informal economy.

Part V (Old-age benefit), Article 29(2)(a), and Part X (Survivors’ benefit). Article 63(2)(a). Conditions of entitlement to a reduced benefit. The Committee notes that under section 52(1)(a) of Act No. 67-039 of 27 March 1967 establishing a social security system, as amended by Act No. 2021-007 of 22 February 2021, insured persons who reach the age of 63 years are entitled to an old-age pension if they have been registered with the National Social Security Fund (CNSS) for at least 20 years. Moreover, under the terms of section 55(1) of Act No. 67-039 of 27 March 1967, in the event of the death of the beneficiary of an old-age pension as well as the death of an insured person who, at the time of death fulfilled the conditions necessary to qualify for an old-age pension or who had paid insurance contributions for at least 80 months (15 years), the survivors are entitled to a survivors’ benefit.

The Committee recalls that by virtue of Article 29(2)(a) and Article 63(2)(a) of the Convention, a reduced benefit shall be secured at least to a person protected who has completed, prior to the contingency, in accordance with the prescribed rules, a qualifying period of 15 years of contribution or employment in respect of old-age benefit and five years of contribution or employment in respect of survivors’ benefit. The Committee therefore requests the Government to indicate: (i) whether an insured person with fewer than 20 years registration with the CNSS will be entitled to a reduced old-age pension after 15 years of contributions, in conformity with Article 29(2)(a) of the Convention; and (ii) whether a person protected whose breadwinner has contributed to the CNSS for a period of at least five years, is entitled to a reduced survivors’ pension, as required under Article 63(2)(a) of the Convention. The Committee also requests the Government to provide information on the periods that may be taken into account to meet the condition of registration set out in section 52(1)(a) of Act No. 67-039 of 27 March 1967 to secure entitlement to an old-age pension.

Part XI (Calculation of periodical payments). Article 65. Reference wage. With reference to its previous comments concerning the reforms announced by the Government regarding the raising of the earnings ceilings taken into consideration for the purposes of contributions, the Committee once again requests the Government to provide information, once the new ceilings have been introduced, on the reference wage applied to determine the replacement rate of benefits in accordance with Article 65 of the Convention.

Article 65(10). Adjustment of benefits. In its previous comments, the Committee noted the problems relating to the adjustment of cash social security benefits. In this connection, the Committee notes that under section 63 of Act No 67-039 of 3 February 1967 establishing a social security system, the rates of current periodical payments, provided either as annuities or pensions, may be revised by decree on the proposal of the Minister of Labour, following substantial changes in the general level of earnings resulting from substantial changes in the cost of living, taking financial possibilities into account and as a function of the evolution of the guaranteed minimum wage. The Committee recalls that, in accordance with Article 65(10) of the Convention, the rates of current periodical payments in respect of old age, employment injury (except in the case of incapacity for work), invalidity and death of the breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. The Committee underlines the importance of the adjustment of pensions and other benefits to guarantee the maintenance of their purchasing power, and considers that the capacity of the national pension system to maintain these two principles of the adjustment of pensions is an important indicator of the financial health of the system. The Committee requests the Government to provide statistics on the adjustment of old-age benefit, employment injury benefit (except in the case of incapacity for work), invalidity benefit and survivors’ benefit in conformity with Title VI of the report form under Article 65 of the Convention.

Application of the Convention in practice. Enforcement and inspection in social security. In its previous comments, the Committee the Government to indicate the progress made in implementing measures aimed at ensuring an effective social security inspection system. Noting the absence of information from the Government on this point, the Committee observes that, in accordance with section 68 of Act No. 67-039 of 3 February 1967 establishing a social security system, employers’ compliance with the provisions of the Act is ensured by CNSS inspectors. In particular, the CNSS website indicates that the CNSS inspectors are empowered to verify the elements determining the level of social security contributions, as well as payment of contributions, and to apply sanctions in case of violations related to contributions. The Committee therefore requests the Government to supply detailed information on enforcement by CNSS inspectors, including the number of inspections carried out, violations detected and sanctions imposed.

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Part XIII (Common provisions) of the Convention, Article 71(3) and Article 72(2). General responsibility of the State for the provision of benefits and the proper administration of the social security system. For many years, the Committee has raised questions regarding the application of the Convention in practice, in view of the concerns expressed by the Free Confederation of Mauritanian Workers (CLTM) and the General Confederation of Workers of Mauritania (CGTM), regarding the Government’s management of the national social security system. In its previous comments, the Committee noted the various measures taken by the Government and the national authorities to counter evasion of contributions, to ensure the registration of new employers with the National Social Security Fund (CNSS) and to increase effective coverage by simplifying administrative procedures. On the basis of that information, the Committee requested the Government to report on the progress achieved in the implementation of the announced reforms, in particular, in the context of the plan of action instigated by the CNSS for 2014–2020.

The Committee notes with regret the absence of tangible progress reported by the Government in this connection. The Committee nevertheless notes that, according to the Government, the Bill modifying and replacing Act No. 67-039 of 3 February 1967 establishing a social security scheme and its accompanying explanatory notes have been submitted to the competent technical body. The Government also indicates that the drafts of the implementing orders and decrees of the Bill have also been prepared and that they will be submitted to the technical body, following promulgation of the Act.

In light of the systematic problems related to the functioning of the social security system in Mauritania, the Committee recalls that under Articles 71(3) and 72(2) of the Convention, the State shall accept general responsibility for the due provision of the social security benefits provided as well as for the proper administration of the institutions and services of the social security system. As set out previously, the Committee considers that the proper administration of the social security system by the State, in conformity with the abovementioned Articles of the Convention, must be based on a clear and precise legal framework, reliable actuarial data, supervision by the representatives of the persons protected, an effective inspection system and sufficiently dissuasive penalties. The Committee therefore requests the Government to take the measures required to ensure the proper administration of the national social security system and provision of benefits, in conformity with Articles 71(3) and 72(2) of the Convention, and to give full effect to the Convention in practice. The Committee also requests the Government to provide information on the results of the CNSS plan of action for 2014-2020. It further requests the Government to provide a copy of the Act modifying and replacing Act No. 67-039 of 3 February 1967 establishing a social security regime, once it has been adopted, together with its implementing decrees and orders.

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

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Articles 71 and 72 of the Convention. General responsibility of the State for the proper administration of the social security system. With reference to its previous comments and the observations made in recent years by the Free Confederation of Mauritanian Workers (CLTM) and the General Confederation of Workers of Mauritania (CGTM) concerning the application of the Convention in practice, the Committee notes that the National Social Security Fund (CNSS) supervisory services have prepared annual supervision plans with the objective of inspecting all employers to prevent any evasion of contributions and are collaborating for this purpose with the legal affairs unit of the general inspectorate of the fiscal administration services. The CNSS is also represented at the single counter established by the Ministry of the Economy and Finance for the registration of new employers following their establishment and procedures have been simplified for the submission of declarations and the payment of contributions, which now occurs on a quarterly basis for all employers. The CNSS has also established a plan of action for the period 2014–20 in which priority is given to:

-the implementation of the conclusions of the 2002 actuarial study recommending the gradual increase of contribution rates and the regular raising of contribution ceilings (from 70,000 to 150,000 ouguiyas);
-the search for a lasting equilibrium in the system through an investment policy offering good returns and a new actuarial evaluation, submitted to the tripartite partners during the course of 2016;
-the extension in 2017 of the coverage of the system to all the regions of the country; and
-the adaptation, as indicated previously, of the applicable legislation to the economic and social situation with ILO support for the revision of the legislation.

The Committee takes due note of this information, which bears witness to a resolute desire to guarantee the durability and proper governance of the social security system and requests the Government to report on the progress achieved in the implementation of the announced reforms, in accordance with Articles 71 and 72 of the Convention, under the terms of which the State shall accept general responsibility for the proper administration of the social security system, based on a clear and precise legal framework, reliable actuarial data, supervision by the representatives of the persons protected, an effective inspection system and sufficiently dissuasive penalties. The Committee observes in this regard that the social partners have not provided further observations and would be grateful to be informed whether they participate in the implementation of these reforms.

Part XI of the Convention (Standards to be complied with by periodical payments). Article 65. With regard to raising the ceilings for the earnings taken into consideration for the purposes of contributions, the Committee recalls that, under the terms of Article 65 of the Convention, contributions should be set at a sufficiently high level to guarantee the minimum level of benefit for the persons protected whose earnings do not exceed the ceiling. The Committee therefore requests the Government to indicate in its next report the level of the said reference wage.

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Articles 71 and 72 of the Convention. General responsibility of the State for the proper administration of the social security system. The Committee recalls that for several years the Free Confederation of Workers of Mauritania (CLTM) and the General Confederation of Workers of Mauritania (CGTM) have been raising numerous issues relating to the very limited coverage of the social security system; the low level of benefits; the obsolete legislative framework; the administrative obstacles to the compilation of benefits files; delays in implementing the findings of the actuarial studies conducted in 2002 in order to redress the finances of the social security scheme; the absence of joint management of the scheme and the unilateral decisions by the executive authorities; the Government’s appropriation of the assets of the pension scheme to cover its own financial needs; social fraud practised on a broad scale by employers and their recourse to the hiring of non-affiliated labour through shell companies; the inoperative nature of the services responsible for supervising social welfare institutions; and the failure to adequately adjust cash benefits other than minimum benefits. In view of the serious and complex nature of the concerns raised by the abovementioned confederations, the Committee encouraged the Government and the Office to collaborate closely with a view to conducting a technical appraisal of the situation and drawing up a roadmap for the future.

In its last report, the Government states that, in consultation with the CGTM and the CLTM, both of which are represented on the governing board of the National Social Security Fund (CNSS), it has increased the level of minimum pensions following a minimum wage rise countrywide and has increased the contributions ceiling by some 15 per cent, from 37.800 UM to 54.000 UM. Minimum survivors’ and orphans’ pensions paid out before the minimum wage increase have likewise been raised, by some 30 per cent. An actuarial assessment is under way with technical support from the ILO and its results will enable the CNSS decision-makers to envisage aligning benefits with the current cost of living and consider the steps that are needed to ensure the sustainability and viability of the social security scheme. As to the issues regarding the governance of the social security system, the Government indicates that the ILO has also financed two studies, on updating the CNSS’s legal framework and reorganizing its statistical output. The Government also states that the appointment of members to the CNSS’s deliberative body is entirely in the hands of the workers’ and employers’ organizations and that the chair of the governing board is held alternately by the workers and the employees for three-year terms, while the Government has the prerogative of appointing the director-general of CNSS. As to the management of finances, the Government indicates that contributions are the main source of the funds of the CNSS; these are deposited in bank accounts opened with the Public Treasury, of which the CNSS has sole use and invests a large part in treasury bills remunerated through the Central Bank of Mauritania. Lastly, as regards monitoring compliance with national laws and regulations, the Government indicates that the CNSS inspection services have the material and human resources they need and do a good job of combating internal fraud and tax evasion, and that administrative measures will be introduced to secure optimum recovery of contributions. The Government supplies a copy of the CNSS activity report for 2014, which contains detailed information, including statistics, on the working of each branch of the national social security system.

The Committee notes the Government’s partial replies to several of the concerns raised by the confederations. It notes from the CNSS activity report that the target for the recovery of contributions has been substantially exceeded, which is indicative of a significant effort, but that there is a sizeable default in the payment of social security claims due from the State. In some branches, such as occupational risks and family benefits, accumulated social security reserves are too large and are far in excess of actuarial requirements, whereas other branches, such as pensions, are underfunded given the recurrent increases in expenditure, provide inadequate benefits, whether minimum or maximum, and have an insufficient reserve ratio. The Committee notes that the activity report is adamant that the CNSS governing board should implement the recommendations of the latest actuarial study in order to ensure the future viability of the system, in particular by recovering the social security and health claims due from the State and by raising the contributions ceiling to 150,000 UM from the current 54,000 UM. The Committee points out that, according to Articles 71 and 72 of the Convention, the State must accept general responsibility for the proper administration of the social security system, based on a clear and precise legal framework, reliable actuarial data, supervision by representatives of the persons protected, an efficient inspection system and sufficiently dissuasive sanctions. The Committee recalls that to this end, and in the context of the concerns set out above, the Office conducted a first actuarial assessment of the social security scheme in 2002, and since 2013 has afforded the Government significant support in the form of two studies, on the updating of the legislative framework and on the reorganization of the statistical output of the CNSS. The Committee accordingly requests the Government, on the basis of the abovementioned report and studies and in conjunction with the social partners, to take the necessary steps to ensure the proper administration of the national social security system and to give full effect to the Convention in practice.

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Application of the Convention in law and practice. The Committee recalls that for a number of years the Free Confederation of Mauritanian Workers (CLTM) and the General Confederation of Workers of Mauritania (CGTM) have been reporting serious problems relating to the absence of good governance of the social protection system. The Committee regrets that the Government has confined itself in its report to referring briefly to the provisions of national law, without replying to the substance of the many allegations made by these organizations concerning the very limited coverage of the social security system; the low level of benefits; the obsolete legislative framework; the administrative obstacles to the compilation of benefits files; delays in the implementation of the conclusions of the actuarial studies conducted in 2002 with a view to improving the financial situation of the social security scheme; the absence of the joint management of the scheme and unilateral decisions by the executive authorities; the appropriation by the Government of the assets of the pension scheme to cover its own financial needs; the allegations of social fraud on a broad scale by employers and their recourse to the hiring of unregistered labour through shell companies; the inoperative nature of the services responsible for supervising social welfare institutions; and the failure to adjust cash benefits other than minimum benefits adequately. The Government has also not replied to the proposal made by the trade union organizations to bring together the social partners and proceed without delay to a global overhaul of the National Social Security Fund with a view to ensuring participatory management, the protection of social security assets against bad management and the sustainable financing of social security.

Under these circumstances, the Committee is bound to remind the Government of its overall and primary responsibility under Articles 71 and 72 of the Convention to ensure the sustainability of the social security system through joint and transparent management based on reliable actuarial data, as well as an inspection system and sufficiently dissuasive sanctions. The Committee therefore requests the Government to provide a detailed reply to the serious allegations made by the trade union organizations referred to above and to provide a detailed report based on the questions contained in the report form under each of the Parts of the Convention which have been accepted, that is Parts V to VII, IX and X. Please provide all the data required for the calculation of the amount of benefits (under Articles 44 and 65 or 66 of the Convention) with a view to the adjustment of all long-term benefits (under Title VI of Article 65: fluctuations in the cost of living index, the index of earnings and the amount of benefits for the period under review) and for the scope of application of the various social security schemes (under Title I of Article 76: number of employees protected in relation to the total number of employees in the country). In view of the complexity of the issues raised by the trade union organizations, the Committee invites the Office to establish direct contact with the Government with a view to being able to assess the situation and provide any assistance necessary for the preparation of the Government’s next report.

[The Government is asked to reply in detail to the present comments in 2015.]

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The Committee notes that new comments have been received from the Free Confederation of Mauritanian Workers (CLTM) reporting the same inadequacies in the social security scheme as those identified earlier, namely: very limited coverage of the system, low rate of benefits, outdated legislative framework, administrative obstacles to the compilation of benefits files, delay in implementing the findings of the actuarial studies conducted to put the social security finances in order, joint management scheme compromised by unilateral action on the part of the Executive. The Committee recalls that in 2011, the General Confederation of Workers of Mauritania (CGTM) and the association of retired members of the National Social Security Fund already objected that the Government appoints most members of the Fund deliberative body, enabling it to determine policy without leaving the workers so much as a blocking minority; that it appropriates the assets of the pension funds in order to cover its needs; that social fraud is practised by most employers and workers are hired through shell companies; that the services to supervise the social welfare institutions are inoperative; and that old-age pension entitlements determined before 2005 are low, not having been adequately adjusted. The CGTM accordingly asked the Government promptly to convene a meeting with the social partners and undertake a complete overhaul of the National Social Security Fund without delay so as to ensure participatory management, protection of social security funds from mismanagement and sustainable funding for social security.

The Committee is deeply concerned at the many communications from trade unions reporting a lack of sound governance of Mauritania’s social protection system. The Committee regrets that the Government has not sent its report responding to these allegations, or to the Committee’s previous comments. In these circumstances, the Committee is bound to remind the Government of its overall and primary responsibility, under Articles 71 and 72 of the Convention, to ensure the sustainability of the social security system, inter alia, through joint management that is transparent and based on reliable actuarial data, as well as an inspection system and sufficiently dissuasive sanctions. The Committee accordingly asks the Government to report without delay on the action it intends to take on the requests made by the abovementioned organizations.

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Level and regular review of benefits

In several communications, the latest dated 6 June 2012, the Association of Pensioners of the National Social Security Fund (CNSS) denounces systematic violations by the CNSS of national laws and regulations. The Association indicates that the CNSS has not reviewed the amounts of the pensions of some 17,000 pensioners, whose pensions were awarded prior to 2005, despite the decision by the Director-General of Legislation of the Ministry of the Public Service that the increase in pensions following the rise in the minimum wage in 2006 shall benefit all CNSS pensioners (section 54(4) of Decree No. 008/2006 of 9 January 2006 increasing the minimum wage (SMIG)).

In its report, the Government indicates that these allegations are entirely unfounded. Under the terms of Decree No. 008/2006, the CNSS reviewed pensions awarded after 1 January 2005, resulting in the minimum pension rising from 14,145 to 37,800 Mauritanian ouguiyas (MRO) a quarter. Furthermore, in order to take into account the complaints by pensioners whose pensions were awarded prior to 2005, in January 2009 the CNSS decided to increase the pensions of the beneficiaries concerned by 30 per cent, which resulted in an increase in the CNSS’s expenditure of around MRO130 million. The Government adds that these increases were made despite the fact that the old-age pensions branch has been in deficit for over a decade, due to the massive arrival of new pensioners. The CNSS cannot fail to comply with the legal texts in force or escape supervision by the competent authorities. The Committee notes that the adjustment of the level of the minimum benefit for pensions awarded after 2005 by around 150 per cent, while limiting this adjustment to 30 per cent for pensions awarded prior to 2005, results in a significant difference of treatment between these two categories of pensioners. The Committee therefore requests the Government to indicate the reasons for this difference of treatment between the two categories of beneficiaries in relation to the adjustment of their pensions.

[The Government is asked to reply in detail to the present comments in 2013.]

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Governance of the social security system. In a communication dated 22 August 2011, the General Confederation of Workers of Mauritania (CGTM) reports recurrent dysfunctions related to the operation of the social security system relating to the governance of the schemes that make up that system. The CGTM indicates that the Government has assumed the right to appoint the majority of the members of the deliberative body of the National Social Security Fund (CNSS), which enables it to determine the policy to be followed, without even leaving the workers’ representatives a blocking minority. Frequently, in order to cover its needs, the State appropriates the assets of the pensions system and makes appointments to the posts of directors-general of the CNSS and of the National Sickness Insurance Fund (CNAM) as political favours to the detriment of the technical competence required to manage these institutions. The CGTM adds that the coverage of active workers is still very patchy due to the social fraud practised by most employers to avoid paying contributions through their practice of hiring labour through subsidiaries and only declaring a minority of their employees. The supervisory services of social insurance institutions are very limited and not operational in most cases. In view of all of the inadequacies indicated in its comments, the CGTM calls on the Government to undertake without delay a total reform of the CNSS, gathering together for that purpose the social partners as rapidly as possible, with a view to adapting it to the new realities of the development of the economic and social fabric and the new challenges that it has to face, with particular reference to ensuring its participatory management, protecting social security funds against bad management and the sustainable financing of social security.

In view of the gravity of the allegations, the Committee requests the Government to reply in detail, in the light of Articles 71 and 72 of the Convention. Please also provide: copies of the latest annual reports on the management and activities of the CNSS; relevant extracts from the reports of the inspection and supervisory services relating to the issues referred to above; and a copy of the latest actuarial study of the social security system in Mauritania. The Government is also requested to indicate any measures adopted to promote exchanges of information between the fiscal authorities and social security institutions with a view to improving the management of the social security system and establishing a policy to combat social fraud, undeclared work and fraud in the payment of social security contributions. Finally, with regard to the calls made by the CGTM to open up a national debate on the future of social security, the Committee requests the Government to indicate in its next report the effect given to the calls made by the social partners for consultations.

[The Government is asked to reply in detail to the present comments in 2013.]

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The Committee notes that pursuant to Decree 008/2006 of 9 January 2006 increasing the minimum wage (SMIG), the minimum monthly pension has been increased by 267 per cent (from 4,715 Ouguiya (MRO) to MRO12,600) and that new pensions paid as of 1 January 2005 have been readjusted. Pensions not concerned by the increase of the SMIG have been increased by 30 per cent. Furthermore, the Committee notes the information received in 2009 and 2010 from the Association of Pensioners of the National Social Security Fund (CNSS), stating that pensioners have not benefited from the increase of pensions, despite the increase of the SMIG. The Association states further that the CNSS acts in breach of the national laws and decrees and escapes the necessary supervision by the Government.

In the light of these allegations, the Committee would like the Government to give a general appreciation of the manner in which the Convention is applied in Mauritania including, for instance, extracts from official reports and information on any practical difficulties in the application of the Convention.

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With reference to its previous comments, the Committee notes the report provided by the Government in October 2006 according to which, since 1 January 2006, the Government has made a 15 per cent increase for all civil and military pensioners and has set the minimum wage (SMIG) at 21,000 UM since July 2006, which has resulted in an increase in minimum pension rates. As these increases do not appear to be reflected in the calculations of the level of benefits made in the report, the Committee would be grateful if the Government would indicate in its next report which benefits are covered by the increase, their new minimum amounts and their replacement rate in relation to the reference wage of an ordinary adult male labourer determined in accordance with the methodology envisaged in Article 66 of the Convention. With regard to the extent to which the total amount of family benefit attains the level prescribed by Article 44 of the Convention, the Committee requests the Government to calculate it on the basis of the reference wage referred to above or the amount of the SMIG if it corresponds to the wage actually received by an ordinary labourer. Finally, the Committee once again requests the Government to provide statistical data on changes in the cost-of-living index, inflation and earnings in the country since the last revision of the SMIG in 1998, and on the number of employed persons protected by the social security scheme and by the special schemes in relation to the total number of employed persons in the country.

Furthermore, the Committee takes due note of the fact that the Government is requesting the technical support of the International Labour Office in the context of the application of the Convention. In the meantime, the Committee would be grateful if the Government would indicate the extent to which the recommendations made by the ILO in 2002 in the context of the technical cooperation project on the actuarial evaluation of the scheme administered by the National Social Security Fund have been given effect. (Actuarial evaluation of the scheme administered by the Social Security Fund as of 31 December 2000, Geneva, 2002, X (ILO/RP/Mauritanie/R.15), ISBN 92-2-13001-4.)

[The Government is asked to reply in detail to the present comments in 2009.]

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In reply to the Committee’s previous comments, the Government has provided a number of indications, particularly on the conditions for entitlement to old-age and invalidity benefits, employment injury benefits and family benefits and the methods of their calculation. It also provided information on the adjustment of long-term benefits and the number of active persons protected affiliated to the National Social Security Fund.

The Committee notes this information. However, it notes that the information provided is only partial and therefore hopes that a detailed report will be provided for examination at its next session and that it will contain all the information required by the report form adopted by the Governing Body. It once again draws the Government’s attention to the possibility of having recourse, particularly in the fields of social security and labour statistics, to the technical assistance of the International Labour Office.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

The Committee notes the Government’s report of 2001, which contained partial replies to its previous comments. However, it notes that this report was not a detailed report on the Convention. The Committee therefore hopes that a detailed report will be provided for examination at its next session and that it will contain all the information required by the report form adopted by the Governing Body for the calculation of the level of benefits (under Articles 44 and 65 or 66 of the Convention), the review of long-term benefits (under Title VI of Article 65: fluctuations in the cost-of-living index, the index of earnings and the amount of benefit for the same period), and the scope of the various social security schemes (under Title I of Article 76: number of employees actually protected as a percentage of the total number of employees in the country). The Committee ventures to draw the Government’s attention to the possibility of having recourse, particularly in the fields of social security and labour statistics, to the technical assistance of the International Labour Office.

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

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With reference to its observation, the Committee notes that the Government’s report has not been received. It had noted with regret that the Government’s report received in March 1999 was an exact copy of the report already provided in November 1996. Nevertheless, the Committee still hopes that the next government report, requested for examination at the next session of the Committee, will contain the information requested in its previous direct request, which reads as follows:

Part V of the Convention (Old-age benefit), Article 28 (in conjunction with Articles 65 and 66). In its previous comments, the Committee requested the Government to specify the method used to calculate average monthly earnings in practice (provided for in section 54(1) of Act No. 67-039 (1967) and in section 77(2) of Decree No. 464 (1967)), which serves as a basis for determining the monthly amount of old-age pension, in particular in a situation where a beneficiary, although registered within the insurance scheme for at least 36 months, had not paid contributions for certain periods during the three to five years immediately preceding the date of pension eligibility. In response, the Government states that, in order to calculate average monthly earning in practice, consideration is given to previous more favourable periods in the interest of the person insured. The Committee notes this information with interest. It requests the Government to provide with its next report the texts of the circulars, instructions or other administrative provisions on which this practice is based. It also hopes that the Government will be able to illustrate this method of operating, where possible, with practical examples.

Part VI (Employment injury benefit), Articles 34 and 36. Further to its previous comments, the Committee notes with interest the confirmation by the Government of the entry into force of Order No. 307 to amend certain sections of Order No. 464/MST of 4 September 1967. It would be grateful if the Government would indicate the exact date of its entry into force and provide a copy of the text adopted, as it was published in the Official Journal, given that the copy attached to the report contained the heading "draft order".

Part XI (Standards to be complied with by periodical payments), Article 65, paragraph 10 (review of long-term benefits). In response to the previous comments made by the Committee, the Government indicates that minimum pensions were reviewed in January 1992 following substantial changes in the cost of living and an increase in the guaranteed minimum wage. While taking account of this information, the Committee wishes once again to draw the Government’s attention to the fact that, according to this provision of the Convention, all current periodical payments - and not only minimum pensions - in respect of old age, employment injury (except in case of incapacity to work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. In addition, the Committee remains concerned by the irregular nature and insufficient frequency of the reviews conducted, the late of which date from 1975 and 1985 respectively. In the situation, the Committee can only express once again the hope that the Government’s next report will provide details of the measures taken to ensure that all long-term benefits are reviewed on a more regular basis, and that it will also contain all the information required in the report form adopted by the Governing Body under Title VI for Article 65 (changes in the cost-of-living index, index of earnings and amount of benefits for the same period of reference).

Part XIV (Miscellaneous provisions), Article 76. The Committee notes the statement made by the Government according to which, although the statistics requested are not currently available, it will endeavour to provide this information as soon as it is available. Consequently, the Committee trusts that the Government will do its utmost to be able to provide, in its next report, all the statistics required in the report form under Article 76, Title I, regarding the field of application (number of employees actually covered by the general social security scheme and by special schemes, and if the percentage is in relation to the total number of employees in the country) together with, in relation to the amount of benefits, the statistics required on the one hand under Article 44 and, on the other hand, under Article 65 or 66, depending on which of the two Articles of the Convention is invoked.

The Committee wishes to draw the Government’s attention to the possibility of enlisting the ILO’s technical assistance.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which reads as follows:

With reference to its previous comments, the Committee notes that the Government’s report submitted in March 1999 is not a detailed report and is nothing more than a copy of its report already submitted in November 1996. The Committee therefore again addresses the text of its previous direct request to the Government, in the hope that the Government’s next report will be a detailed report and contain the information requested.

CMNT_TITLE

With reference to its observation, the Committee notes with regret that the Government's report received in March 1999 is nothing more than an exact copy of the report already provided in November 1996. Nevertheless, it still hopes that the next government report, requested for examination at the next session of the Committee, will contain the information requested in its previous direct request, which read as follows:

Part V of the Convention (Old-age benefit), Article 28 (in conjunction with Articles 65 and 66). In its previous comments, the Committee requested the Government to specify the method used to calculate average monthly earnings in practice (provided for in section 54(1) of Act No. 67-039 (1967) and in section 77(2) of Decree No. 464 (1967)), which serves as a basis for determining the monthly amount of old-age pension, in particular in a situation where a beneficiary, although registered within the insurance scheme for at least 36 months, had not paid contributions for certain periods during the three to five years immediately preceding the date of pension eligibility. In response, the Government states that, in order to calculate average monthly earning in practice, consideration is given to previous more favourable periods in the interest of the person insured. The Committee notes this information with interest. It requests the Government to provide with its next report the texts of the circulars, instructions or other administrative provisions on which this practice is based. It also hopes that the Government will be able to illustrate this method of operating, where possible, with practical examples.

Part VI (Employment injury benefit), Articles 34 and 36. Further to its previous comments, the Committee notes with interest the confirmation by the Government of the entry into force of Order No. 307 to amend certain sections of Order No. 464/MST of 4 September 1967. It would be grateful if the Government would indicate the exact date of its entry into force and provide a copy of the text adopted, as it was published in the Official Journal, given that the copy attached to the report contained the heading "draft order".

Part XI (Standards to be complied with by periodical payments), Article 65, paragraph 10 (review of long-term benefits). In response to the previous comments made by the Committee, the Government indicates that minimum pensions were reviewed in January 1992 following substantial changes in the cost of living and an increase in the guaranteed minimum wage. While taking account of this information, the Committee wishes once again to draw the Government's attention to the fact that, according to this provision of the Convention, all current periodical payments -- and not only minimum pensions -- in respect of old age, employment injury (except in case of incapacity to work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. In addition, the Committee remains concerned by the irregular nature and insufficient frequency of the reviews conducted, the late of which date from 1975 and 1985 respectively. In the situation, the Committee can only express once again the hope that the Government's next report will provide details of the measures taken to ensure that all long-term benefits are reviewed on a more regular basis, and that it will also contain all the information required in the report form adopted by the Governing Body under Title VI for Article 65 (changes in the cost-of-living index, index of earnings and amount of benefits for the same period of reference).

Part XIV (Miscellaneous provisions), Article 76. The Committee notes the statement made by the Government according to which, although the statistics requested are not currently available, it will endeavour to provide this information as soon as it is available. Consequently, the Committee trusts that the Government will do its utmost to be able to provide, in its next report, all the statistics required in the report form under Article 76, Title I, regarding the field of application (number of employees actually covered by the general social security scheme and by special schemes, and if the percentage is in relation to the total number of employees in the country) together with, in relation to the amount of benefits, the statistics required on the one hand under Article 44 and, on the other hand, under Article 65 or 66, depending on which of the two Articles of the Convention is invoked.

The Committee wishes to draw the Government's attention to the possibility of enlisting the ILO's technical assistance.

[The Government is asked to report in detail in 2000.]

CMNT_TITLE

With reference to its previous comments, the Committee notes that the Government's report submitted in March 1999 is not a detailed report and is nothing more than a copy of its report already submitted in November 1996. The Committee therefore again addresses the text of its previous direct request to the Government, in the hope that the Government's next report will be a detailed report and contain the information requested.

[The Government is asked to report in detail in 2000.]

CMNT_TITLE

Part V of the Convention (Old-age benefit), Article 28 (in conjunction with Articles 65 and 66). In its previous comments, the Committee requested the Government to specify the method used to calculate average monthly earnings in practice (provided for in section 54(1) of Act No. 67-039 (1967) and in section 77(2) of Decree No. 464 (1967)), which serves as a basis for determining the monthly amount of old-age pension, in particular in a situation where a beneficiary, although registered with the insurance scheme for at least 36 months, had not paid contributions for certain periods during the three to five years immediately preceding the date of pension eligibility. In response, the Government states that in order to calculate average monthly earnings in practice, consideration is given to previous more favourable periods in the interest of the person insured. The Committee notes this information with interest. It requests the Government to provide with its next report the texts of the circulars, instructions or other administrative provisions on which this practice is based. It also hopes that the Government will be able to illustrate this method of operating, where possible, with practical examples.

Part XI (Standards to be complied with by periodical payments), Article 65, paragraph 10 (review of long-term benefits). In response to the previous comments made by the Committee, the Government indicates that minimum pensions were reviewed in January 1992 following substantial changes in the cost of living and an increase in the guaranteed minimum wage. While taking account of this information, the Committee wishes once again to draw the Government's attention to the fact that, according to this provision of the Convention, all current periodical payments -- and not only minimum pensions -- in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of breadwinner, shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. In addition, the Committee remains concerned by the irregular nature and insufficient frequency of the reviews conducted, the latest of which date from 1975 and 1985 respectively. In the situation, the Committee can only express once again the hope that the Government's next report will provide details of the measures taken to ensure that all long-term benefits are reviewed on a more regular basis, and that it will also contain all the information required in the report form adopted by the Governing Body under Title VI for Article 65 (changes in the cost-of-living index, index of earnings and amount of benefits, for the same period of reference).

Part XIV (Miscellaneous provisions), Article 76. The Committee notes the statement made by the Government according to which, although the statistics requested are not currently available, it will endeavour to provide this information as soon as it is available. Consequently, the Committee trusts that the Government will do its utmost to be able to provide, in its next report, all the statistics required in the report form under Article 76, Title I, regarding the field of application (number of employees actually covered by the general social security scheme and by special schemes, and if the percentage in relation to the total number of employees in the country) together with, in relation to the amount of benefits, the statistics required on the one hand under Article 44 and, on the other hand, under Article 65 or 66, depending on which of the two Articles of the Convention is invoked.

The Committee wishes to draw the Government's attention to the possibility of enlisting the ILO's technical assistance.

[The Government is requested to report in detail in 1999.]

CMNT_TITLE

Part V of the Convention (Old-age benefit), Article 28 (in conjunction with Articles 65 and 66). With reference to its previous comments, the Committee notes the information supplied by the Government on the method used to calculate average monthly earnings (as set forth in section 54(1) of Act No. 67-039 of 1967 and section 77(2) of Order No. 464 of 1967) which serve as a basis for determining the monthly amount of old-age benefit. It reminds the Government, however, that its previous direct request concerned the situation of a beneficiary who, although registered with the insurance scheme for 36 months or more, had not paid contributions for certain periods during the three or five years immediately preceding the date of his entitlement to a pension. It would therefore be grateful if the Government would specify how average monthly earnings are calculated in practice in this particular case.

Part VI (Employment injury benefit), Articles 34 and 36. The Committee notes draft Order No. 307 to amend certain sections of Order No. 464/MST of 4 September 1967 which, according to the Government, was to be submitted to the Administrative Council on 27 May 1992 for approval. It notes with interest that the draft provides, in conformity with the above-mentioned provisions of the Convention, for domiciliary visiting to be included in the medical care provided for the victims of employment injuries, and the maintenance of family allowances for orphans who benefit from a pension or survivors' annuity. The Committee would be grateful if in its next report the Government would indicate whether Order No. 307 has come into force.

Part XI (Standards to be complied with by periodical payments), Article 65, paragraph 10 (review of long-term benefits). The Committee notes from the information supplied by the Government in its report that the last review of minimum pensions took place in 1985. In these circumstances, the Committee is bound to draw the Government's attention to the importance it attaches to the implementation of this provision of the Convention which lays down that the rates of current periodical payments - and not only minimum pensions - in respect of old age, employment injury (except in case of incapacity for work), invalidity and death of the breadwinner shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost-of-living. The Committee therefore hopes that in its next report the Government will be able to indicate the measures taken or envisaged to ensure that long-term benefits are reviewed on a more regular basis and that it will provide all the information required under Title VI for Article 65 (changes in the cost of living index, index of earnings and amount of benefits, for the same period of reference) in the report form adopted by the Governing Body.

Part XIV (Miscellaneous provisions), Article 76. With reference to its previous comments, the Committee notes the statistical information concerning the number of economically active employees covered by the National Social Security Fund (CNSS) and the ceiling applied to remuneration subject to contributions. It notes, however, that the Government's report does not contain the other statistical information that the Committee requested on a number of other points. It therefore once again asks the Government to indicate in its next report: (a) the number of employees actually covered by the general social security scheme (and by special schemes) and their percentage in relation to the total number of employees in the country; (b) the level of benefit provided for each of the contingencies covered by the Parts of the Convention that have been accepted (Parts V, VI, VII, IX and X); (c) the wage of a skilled manual male employee (determined in accordance with Article 65, paragraphs 6 and 7, of the Convention) or of an ordinary adult male labourer (determined in accordance with Article 66, paragraphs 4 and 5); and (d) the ceiling applied to remuneration subject to contributions (section 20(3) of Act No. 67-039), for the same reference period.

CMNT_TITLE

The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain information on the points raised in its previous comments which read as follows:

Part VI of the Convention (Employment injury benefit). (a) Article 34 (Medical care). The Government states in its report that it is continuing to examine the possibility of amending section 10 of Order No. 464/MST, of 4 September 1967, in order to include domiciliary visiting among the medical care provided for the victims of employment injuries and thereby bring the national legislation into conformity with the above provision of the Convention. The Committee notes this statement and requests the Government to indicate any progress made in this respect.

(b) Article 36 (Amount of survivors' benefit). The Committee drew the Government's attention to the fact that the amount of the survivors' benefit for a standard beneficiary (widow with two children), calculated only on the basis of the basic remuneration of the deceased family breadwinner, without taking into account the family allowances provided to the family breadwinner during his employment (section 49, paragraph 2(a) and (b), of Act No. 67-039 of 1967), does not in fact amount to 40 per cent of the former earnings of the latter, as required by the Convention. Indeed, the above-mentioned family allowances, when added to the basic remuneration would contribute to attaining that percentage, but they are refused in the case of orphans who benefit from a pension or a survivors' annuity, under the terms of section 65, paragraph 4, of the above Act and section 19 of Order No. 464/MST of 1967. The Committee therefore requested the Government either to increase the rates of survivors' benefits in respect of victims of employment injuries (as, indeed, is the case for suvivors' pensions under the general pensions scheme by virtue of section 55 of Act No. 67-039 above), or to continue providing family allowances also in respect of the orphans of the above victims.

In reply to these comments, the Government once again indicates that the matter is the subject of an in-depth examination, following which practical measures will be identified to bring the national legislation into conformity with the provisions of the Convention. While noting these indications, the Committee can only once again express the hope that a solution can be found in the near future, in one or other of the above manners, to give full effect to the Convention in this respect and that the next report will contain information on the progress achieved in this connection.

Part XI (Standards to be complied with by periodical payments), Article 65, paragraph 10 (Review of long-term benefits). The Government refers once again to the review of pensions which took place in 1975 and states that it is proposed to readjust these pensions in the near future. The Committee notes this statement and hopes that the next report will indicate any new review of long-term benefits and that it will contain all the data required in the report form on this Convention under Title VI for Article 65.

Part XIV (Miscellaneous provisions), Article 76. The Committee notes the statistics supplied by the Government in its report and requests it to indicate in its next report: (a) the number of employees actually protected by the general social security scheme (and by special schemes) and their percentage in relation to the total number of employees in the country, and (b) the level of benefit provided for each of the contingencies covered by the Parts of the Convention that have been accepted (Parts V, VI, VII, IX and X) and the wage of a skilled manual male employee (determined in accordance with Article 65, paragraphs 6 and 7, of the Convention) or of an ordinary adult male labourer (determined in accordance with Article 66, paragraphs 4 and 5). Please also indicate the currently applicable ceiling that is applied to remuneration subject to contributions (section 20, paragraph 3, of Act No. 67-039).

Part V (Old-age benefit), Article 28 (in relation with Articles 65 or 66). The Committee also requests the Government to indicate how average monthly earnings are calculated in practice (as set forth in section 54, paragraph 1, of Act No. 67-039 of 1967 and section 77, paragraph 2, of Order No. 464 of 1967) in order to serve as a basis for the determination of the monthly amount of old-age benefit, particularly in cases where the beneficiary, although registered with the insurance scheme for 36 months or more, has not paid contributions for certain periods during the three or five last years preceding the date of his entitlement to a pension. The Committee would also be grateful to be provided with information concerning the effects of this method of calculation on the amount of the old-age pension provided for such a benficiary (please provide practical examples, if possible).