Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes Act No. 25 of 1991 respecting insurance and pensions and Act No. 26 of 1991 respecting social insurance schemes, the provisions of which cover respectively compensation for occupational accidents in the mixed and public sectors and in the private sector. The Committee would be grateful if the Government would supply copies of the regulations made under section 99 of Act No. 25 of 1991 and sections 5 and 9(2) of Act No. 26 of 1991.

The Committee also wishes to draw the Government's attention to the following point.

Article 1, paragraph 2, of the Convention. By virtue of section 95(1) of Act No. 26 of 1991, which also applies to the occupational accident compensation scheme, pensions can only be paid to persons residing outside the country in the cases set out by regulations determining the conditions and procedures for transfer of pension, while, in accordance with the second paragraph of section 95, pensions can only be transferred to foreign insured persons and their dependants who return definitively to their countries if a reciprocal agreement governing such transfers exists. In the absence of such an agreement, foreign nationals who leave the country receive the difference between the amounts which have been paid to them as pension and the total contributions paid to the public insurance scheme.

The Committee recalls in this connection that Yemen, by ratifying the Convention, undertook to grant to the nationals of any other State which has also ratified the Convention the same treatment in respect of workmen's compensation as it grants to its own nationals, without any condition of reciprocity and irrespective of the conclusion of bilateral agreements. In view of this position, the Committee would be grateful if the Government would indicate in its next report the measures that have been taken or are envisaged to guarantee the payment of pensions due in the event of occupational accidents to foreign persons who are nationals of a country which has ratified the Convention or to their dependants under the same conditions as to its own nationals, irrespective of the conclusion of any reciprocity agreement. It also requests the Government to indicate in its next report the conditions under which pensions are granted to the victims of occupational accidents or their survivors in the case of their residence abroad under the terms of paragraph 1 of section 95 of Act No. 26. Finally, it would be grateful if the Government would supply a copy of any regulation adopted under this provision.