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

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

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For a number of years, the Committee has been requesting the Government to indicate the manner in which the payment of invalidity, old-age and survivors’ benefits and employment injury pensions is guaranteed in practice in the case of residence abroad, both to Mauritanians and to the nationals of countries which have accepted the obligations of the Convention for one or more branches of social security. In its report in 2001, the Government indicated that there are two methods for the payment of benefits in the case of residence abroad: by bank transfer or physical presence, but that any beneficiary resident abroad who makes her or his presence known, without distinction, will regain her or his entitlements in one manner or another, as demonstrated by detailed statistics on the total amount of benefits transferred abroad and the number and nationality of the beneficiaries. In its report in 2003, the Government indicated that, if a beneficiary is resident abroad, it is sufficient to provide her or his bank account number onto which the benefit will be paid and a certificate of existence. It is in this context that nearly all the national and foreign workers who left the country following the events of 1989 have received the benefits due under the sole condition that they appear in person at least once; thereafter, they can delegate a person provided with a procuration in due form and a certificate of existence. The Government also indicated that it does not have reliable statistics on the amount of the benefits transferred to beneficiaries residing outside the country and requested the ILO’s assistance in the field of labour statistics.

The Committee takes due note of this information and requests the Government to provide precise replies in its next report to the following questions. Does physical presence in Mauritania at least once constitute a prior condition for entitlement to benefits and the organization of the transfer of benefits by bank onto the account of the beneficiary abroad? What is the advantage for a beneficiary residing abroad to delegate a person provided with a procuration if it is sufficient to indicate the number of the bank account onto which the benefit will be paid? Can a beneficiary residing in a country which does not have a bilateral social security agreement with Mauritania submit an application for a benefit, accompanied by a certificate of existence and the number of her or his bank account, by post, through consular channels or through a social security administration in her or his country of residence, without having to be physically present in Mauritania to do so, for example in the case of a survivor who has never been resident on the territory of Mauritania? With regard to the statistics of the amount of benefits transferred abroad and the number and nationality of beneficiaries, the Committee would be grateful if the Government would provide with its next report an update of the same data that the Government provided with its report in 2001.

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The Committee notes the Government’s report of 2001, which only contained partial replies to its previous comments. It notes, however, 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 full particulars on the following points.

Article 5 of the Convention. The Committee notes that section 66(2) of the Act of 3 February 1967 provides that benefits are suspended where the beneficiary is not resident in Mauritania, except in the case of reciprocity agreements or international conventions. The Committee recalls that, under the terms of Article 5 of the Convention, each Member which has accepted the obligations of the Convention for one or more branches of social security shall guarantee both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for the branch or branches in question, when they are resident abroad, provision of invalidity benefits, old-age benefits, survivors’ benefits and employment injury pensions. It requests the Government to indicate the manner in which the payment of benefits is guaranteed in practice in the case of residence abroad both to Mauritanians and to nationals of countries which have accepted the obligations of the Convention for any one or more of these branches of social security in the absence of a bilateral agreement.

Articles 7 and 8. The Committee notes that the Government’s report does not contain any information on the measures taken for the maintenance of acquired rights and rights in course of acquisition for Mauritanians who had to leave the country following the events of 1989. It would be grateful to be provided with information on the measures taken in this respect (particularly with regard to old-age pensions).

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

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The Committee notes with regret that the Government’s report has not been received and that the Government’s last report contained no reply to its previous comments. 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 reads as follows:

The Committee notes that Article 66, paragraph 2 of the Law of 3 February 1967 states that benefits shall be suspended if the beneficiary is not resident in Mauritania, except as provided in reciprocity agreements or international conventions. The Committee recalls that under Article 5 of the Convention each Member which has accepted the obligations of the Convention in respect of the branch or branches of social security concerned shall guarantee both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention is respect of the branch or branches in question, when they are resident abroad, provision of invalidity benefits, old-age benefits, survivors’ benefits and employment injury benefits. It would like the Government to indicate how in practice the payment of benefits is insured in case of residence abroad for both Mauritanian nationals and nationals of countries which have accepted the relevant branch when no bilateral agreement exists.

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The Committee notes with regret that the Government’s report has not been received. Furthermore, it noted with regret that the previous Government’s report contained no reply to previous comments. It must therefore repeat its previous observation which reads as follows:

Article 5 of the Convention (provision of benefits abroad).  Further to its previous comments concerning the provision of benefits due to Mauritanian nationals who left Mauritania following the events of 1989, the Government indicates in its report that the National Social Security Fund insures the payment of benefit to Mauritanian nationals who left Mauritania in 1989, and it has already proceeded to regularize the claims of 10 pensioners and 13 other beneficiaries. The Government also states that Senegalese nationals entitled to benefits from the National Social Security Fund have been paid in accordance with Circular No. 120/DG of 28 November 1993 which authorizes the payment of arrears dating from April 1989.

The Committee notes this information with interest. It would like the Government to indicate whether there are other Mauritanian nationals entitled to benefit under the branches accepted by Mauritania (invalidity, old age, survivors’ and work injury) who are still waiting to receive the benefit. It also requests further information on whether payments are made in periodic form.

Articles 7 and 8.  The Committee notes that the Government’s report does not provide any information on the provisions made concerning protection of the rights in the course of acquisition of Mauritanian nationals who had to leave the country after the events of 1989. It would appreciate receiving information on the measures taken in this respect (in particular as to old-age pensions).

The Committee also requests detailed information on the practical application of the Convention, in accordance with Part V of the report form, including statistics of the amount of the benefits transferred to beneficiaries who reside outside the country.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that the Government's report contains no reply to previous comments. 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:

The Committee notes that Article 66, paragraph 2 of the Law of 3 February 1967 states that benefits shall be suspended if the beneficiary is not resident in Mauritania, except as provided in reciprocity agreements or international conventions. The Committee recalls that under Article 5 of the Convention each Member which has accepted the obligations of the Convention in respect of the branch or branches of social security concerned shall guarantee both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention is respect of the branch or branches in question, when they are resident abroad, provision of invalidity benefits, old-age benefits, survivors' benefits and employment injury benefits. It would like the Government to indicate how in practice the payment of benefits is insured in case of residence abroad for both Mauritanian nationals and nationals of countries which have accepted the relevant branch when no bilateral agreement exists.

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The Committee notes with regret that the Government's report contains no reply to previous comments. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention (provision of benefits abroad). Further to its previous comments concerning the provision of benefits due to Mauritanian nationals who left Mauritania following the events of 1989, the Government indicates in its report that the National Social Security Fund insures the payment of benefit to Mauritanian nationals who left Mauritania in 1989, and it has already proceeded to regularize the claims of 10 pensioners and 13 other beneficiaries. The Government also states that Senegalese nationals entitled to benefits from the National Social Security Fund have been paid in accordance with Circular No. 120/DG of 28 November 1993 which authorizes the payment of arrears dating from April 1989. The Committee notes this information with interest. It would like the Government to indicate whether there are other Mauritanian nationals entitled to benefit under the branches accepted by Mauritania (invalidity, old age, survivors' and work injury) who are still waiting to receive the benefit. It also requests further information on whether payments are made in periodic form. Articles 7 and 8. The Committee notes that the Government's report does not provide any information on the provisions made concerning protection of the rights in the course of acquisition of Mauritanian nationals who had to leave the country after the events of 1989. It would appreciate receiving information on the measures taken in this respect (in particular as to old-age pensions). The Committee also requests detailed information on the practical application of the Convention, in accordance with Part V of the report form, including statistics of the amount of the benefits transferred to beneficiaries who reside outside the country.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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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:

The Committee notes that Article 66, paragraph 2 of the Law of 3 February 1967 states that benefits shall be suspended if the beneficiary is not resident in Mauritania, except as provided in reciprocity agreements or international conventions. The Committee recalls that under Article 5 of the Convention each Member which has accepted the obligations of the Convention in respect of the branch or branches of social security concerned shall guarantee both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention is respect of the branch or branches in question, when they are resident abroad, provision of invalidity benefits, old-age benefits, survivors' benefits and employment injury benefits. It would like the Government to indicate how in practice the payment of benefits is insured in case of residence abroad for both Mauritanian nationals and nationals of countries which have accepted the relevant branch when no bilateral agreement exists.

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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:

Article 5 of the Convention (provision of benefits abroad). Further to its previous comments concerning the provision of benefits due to Mauritanian nationals who left Mauritania following the events of 1989, the Government indicates in its report that the National Social Security Fund insures the payment of benefit to Mauritanian nationals who left Mauritania in 1989, and it has already proceeded to regularize the claims of 10 pensioners and 13 other beneficiaries. The Government also states that Senegalese nationals entitled to benefits from the National Social Security Fund have been paid in accordance with Circular No. 120/DG of 28 November 1993 which authorizes the payment of arrears dating from April 1989. The Committee notes this information with interest. It would like the Government to indicate whether there are other Mauritanian nationals entitled to benefit under the branches accepted by Mauritania (invalidity, old age, survivors' and work injury) who are still waiting to receive the benefit. It also requests further information on whether payments are made in periodic form. Articles 7 and 8. The Committee notes that the Government's report does not provide any information on the provisions made concerning protection of the rights in the course of acquisition of Mauritanian nationals who had to leave the country after the events of 1989. It would appreciate receiving information on the measures taken in this respect (in particular as to old-age pensions). The Committee also requests detailed information on the practical application of the Convention, in accordance with point V of the report form, including statistics of the amount of the benefits transferred to beneficiaries who reside outside the country.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes that Article 66, paragraph 2 of the Law of 3 February 1967 states that benefits shall be suspended if the beneficiary is not resident in Mauritania, except as provided in reciprocity agreements or international conventions. The Committee recalls that under Article 5 of the Convention each Member which has accepted the obligations of the Convention in respect of the branch or branches of social security concerned shall guarantee both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention is respect of the branch or branches in question, when they are resident abroad, provision of invalidity benefits, old-age benefits, survivors' benefits and employment injury benefits. It would like the Government to indicate how in practice the payment of benefits is insured in case of residence abroad for both Mauritanian nationals and nationals of countries which have accepted the relevant branch when no bilateral agreement exists.

[The Government is asked to respond in detail in 1998.]

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Article 5 of the Convention (provision of benefits abroad). Further to its previous comments concerning the provision of benefits due to Mauritanian nationals who left Mauritania following the events of 1989, the Government indicates in its report that the National Social Security Fund insures the payment of benefit to Mauritanian nationals who left Mauritania in 1989, and it has already proceeded to regularize the claims of 10 pensioners and 13 other beneficiaries. The Government also states that Senegalese nationals entitled to benefits from the National Social Security Fund have been paid in accordance with Circular No. 120/DG of 28 November 1993 which authorizes the payment of arrears dating from April 1989.

The Committee notes this information with interest. It would like the Government to indicate whether there are other Mauritanian nationals entitled to benefit under the branches accepted by Mauritania (invalidity, old age, survivors' and work injury) who are still waiting to receive the benefit. It also requests further information on whether payments are made in periodic form.

Articles 7 and 8. The Committee notes that the Government's report does not provide any information on the provisions made concerning protection of the rights in the course of acquisition of Mauritanian nationals who had to leave the country after the events of 1989. It would appreciate receiving information on the measures taken in this respect (in particular as to old-age pensions).

The Committee also requests detailed information on the practical application of the Convention, in accordance with point V of the report form, including statistics of the amount of the benefits transferred to beneficiaries who reside outside the country.

[The Government is asked to report in detail in 1998.]

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Article 5 of the Convention (provision of benefits abroad). The Committee refers to its previous comments on the implementation of the recommendations of the Committee appointed by the Governing Body to examine the representation made by the National Confederation of Workers of Senegal under article 24 of the ILO Constitution, which, among other things, asked the Government to take measures to establish and enforce the provision of benefits due to Mauritanian nationals who left Mauritania following the events of 1989. In its report the Government indicates that anyone who can demonstrate that he was entitled to the benefits before 1989 can have these entitlements re-established for him and the provision of benefits is thus ensured to the persons concerned, in accordance with the provisions of the Convention. The Government adds that it will provide information on the application in practice of the Convention as soon as possible.

The Committee takes due note of this information. It asks the Government to provide further detailed information on the nature of the measures taken in conjunction with the competent authorities in Senegal, if necessary and the results obtained (backed up by statistics), in ensuring the maintenance of the acquired rights of Mauritanian nationals who had to leave the country after the events of 1989. The Committee recalls in this connection that, according to the information supplied previously by the Government, the joint Mauritanian-Senegalese Committee, at its meeting of November 1993, decided that the bodies that were competent for the pensions, wage orders and arrears concerning the nationals of each country, would receive instructions to settle the entitlements of the beneficiaries for the period that has elapsed since 1989. The Committee asks the Government to provide a copy of these instructions.

The Committee once again expresses the hope that the Government will be able to provide, as it said it would, with its next report, in accordance with point V of the report form on the Convention adopted by the Governing Body, detailed information on the practical application of the Convention, including statistics of the number, nature and amount of the benefits transferred to beneficiaries who reside outside the country, and particularly to Mauritanian nationals who had to leave Mauritania following the events of April 1989.

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Article 5 of the Convention (Provision of benefits abroad). The Committee refers to its previous comments concerning the implementation of the recommendations of the Committee set up by the Governing Body to examine the representation made by the National Confederation of Workers of Senegal, under article 24 of the ILO Constitution, which invited the Government, among other measures, to take steps to establish and provide the benefits which may be due to Mauritanian nationals who left Mauritania following the events of 1989. The Committee notes the Government's statement in its report that bilateral technical committees are working on the settlement of all the matters relating to the benefits of Mauritanian and Senegalese nationals, and that in that context a solution will be found to the difficulties encountered in the implementation of the Convention. It also notes the information supplied by the Government in its report on Convention No. 111 to the effect that, at its meeting in November 1993, the Joint Mauritanian-Senegalese Committee decided that the bodies responsible for the provision of pensions, benefits and wage arrears in respect of the nationals of the two countries will receive instructions for the settlement of the entitlements of the beneficiaries for the period which has elapsed since 1989.

The Committee hopes that the Government will not fail to indicate in its next report the measures which it has taken to: (a) establish, where appropriate with the assistance of the bodies concerned, the benefits to which Mauritanian nationals who had to leave Mauritania following the events of April 1989 may be entitled under Article 5 of the Convention; and (b) to provide the benefits in question to these persons in accordance with the relevant provisions of the Convention.

Furthermore, the Committee once again expresses the hope that the Government will be able to supply in its next report, in accordance with point V of the report form on the Convention adopted by the Governing Body, detailed information on the effect given in practice to the Convention, including statistics on the number, nature and level of the benefits transferred to both Mauritanian and foreign nationals in the event that they reside outside the country.

[The Government is asked to report in detail for the period ending 30 June 1994.]

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Article 5 of the Convention (Provision of benefits abroad). With reference to its previous comments, the Committee notes the recommendations of the Committee set up by the Governing Body to examine the representation presented by the National Confederation of Workers of Senegal under article 24 of the ILO Constitution. These recommendations, which were adopted at the 249th Session (February-March 1991) of the Governing Body, invited the Government, in particular, to take the necessary measures to have established and ensure the payment of any benefits due to Mauritanian nationals who left Mauritania following the events of 1989. The Committee also notes the direct contacts mission that took place in May 1992 which concerned Mauritania's application of a number of Conventions, including Convention No. 118.

In its reports received in February and August 1992, the Government states that it is having no difficulty with the practical application of the Convention and that the problem is purely a political one. It adds that the process of normalization between Mauritania and Senegal has already begun: diplomatic relations between the two States were reestablished in April and bilateral technical committees are endeavouring to settle remaining issues. In this connection, the Government states that the National Social Security Fund is paying pensions and family allowances to Senegalese dependents.

The Committee takes due note of this information. It draws the Government's attention to the fact that under Article 5, paragraph 1, of the Convention, the Government is required to guarantee, not only to nationals of a Member which has accepted the obligations of the Convention, but also to its own nationals, when they are resident abroad, provision of invalidity benefits, old-age benefits, survivors' benefits and death grants, and employment injury pensions. It also recalls that the recommendations of the tripartite Committee concerned in particular the situation of nationals who were expelled following the events of 1989.

The Committee therefore hopes that the Government will not fail to indicate in its next report the measures that it has taken: (a) to have established, if appropriate with the assistance of the bodies concerned, the benefits which may be due, under Article 5 of the Convention, to Mauritanian nationals who had to leave Mauritania after the events of April 1989; and (b) to ensure the payment of the benefits in question to these beneficiaries, in accordance with the relevant provisions of the Convention. The Committee also hopes that in its next report the Government will be able to provide, in accordance with point V of the report form on the Convention adopted by the Governing Body, detailed information on the practical application of the Convention, including statistics on the number, nature and amount of the benefits transferred to both Mauritanian and foreign beneficiaries in the event of residence outside the country.

[The Government is asked to report in detail for the period ending 30 June 1993.]

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1. The Committee hopes that a report will be supplied for examination by the Committee at its next session and that it will contain the information called for in relation to Articles 3 to 11 of the Convention in accordance with the report form adopted by the Governing Body of the ILO.

2. Furthermore, the Committee refers to its observation made under Convention No. 111 concerning the representation submitted under article 24 of the Constitution, as follows:

The Committee has noted that the Governing Body adopted at its 249th Session (February-March 1991) the report of the committee set up for the examination of the representation made by the National Confederation of Workers of Senegal, under article 24 of the ILO Constitution, and concerning the application of several Conventions by Mauritania.

The Governing Body has asked the Government to supply in its reports on the Conventions concerned, to be submitted not later than 15 October 1991, information on the measures taken and on their results, with a view to giving effect to the recommendations of the Governing Body to enable these questions to be followed up by the Committee of Experts.

The Committee notes that the above recommendations concern questions relating to Conventions Nos. 111 and 122 (measures to determine the nationality of persons displaced from Mauritanian territory in 1989 and who claim Mauritanian nationality and measures towards reparation for the prejudice suffered by Mauritanian nationals who were displaced), to Convention No. 95 (measures for a final settlement of the wages due to the persons concerned) and to Convention No. 118 (measures to have established and ensure the payment of any benefits due to Mauritanian nationals who have left Mauritania).

The Committee trusts that the Government will supply full information on the above questions in its reports to be submitted this year on Conventions Nos. 95, 111, 118 and 122.

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The Committee notes with regret that for the third year in succession the Government's report has not been received. It therefore again expresses the hope that a report will be supplied for examination by the Committee at its next session and that it will contain the information called for in relation to Articles 3 to 11 of the Convention in accordance with the report form adopted by the Governing Body of the ILO.