Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes with regret that, for the third consecutive year, the Government's report provides no new information on the points that it has been raising since 1968. It must therefore repeat its previous comments, which read as follows:

1. Article 4 of the Convention, branch (g) (employment injury benefit). The Committee has drawn the Government's attention to the fact that national legislation does not contain provisions expressly ensuring that the dependents (survivors) of the victim of employment injury, a national of the State bound by the Convention, who were not residing in the Central African Republic at the time of the victim's death and continue not to reside there, can claim survivor's pension if it is proved that they were actually dependent on the victim at the time of his death. It has taken note of the statement by the Government under Convention No. 19 that a draft ordinance has been submitted to the Council of Ministers with a view to supplementing section 27 of Act No. 65-66 of 24 June 1965 on workmen's compensation by adding a second subsection, so as to make good this lacuna. Since the Government makes no further mention of section 27 of Act No. 65-66 of 1965, the Committee can only express once again the hope that the Government will be able, in accordance with its earlier assurances given in the context of Convention No. 19, to take the necessary measures to supplement section 27 of Act No. 65-66 of 24 June 1965 on workmen's compensation, so as to ensure the application of Article 4, paragraph 1. 2. Article 5, branch (e) (old-age benefit). In reply to the Committee's comments, the Government referred to the General Social Security Convention of the African and Mauritian Common Organisation. It also stated that a draft was being discussed with Benin and Togo. The Committee is bound once more to point out to the Government that the General Social Security Convention of the AMCO does not govern the question of payment abroad of old-age benefit, and that, by virtue of Article 5, the payment of benefits in the case of residence abroad must be insured automatically whatever the country of residence, even in the absence of bilateral or multilateral agreements, both to nationals as also to nationals of a State Member that has accepted the obligations of the Convention for the old-age benefit branch (that is to say at present, Barbados, Brazil, Guinea, Iraq, Israel, Italy, Kenya, Libyan Arab Jamahiriya, Mauritania, Mexico, Netherlands, Syrian Arab Republic, Tunisia, Turkey, Venezuela and Zaire). In the circumstances, the Committee again asks the Government to indicate the measures taken or under consideration to ensure, in accordance with this provision of the Convention, the payment of old-age benefit in the event of residence abroad, both to nationals of the Central African Republic and to nationals of any other State Member that has accepted the obligation of the Convention in respect of the old-age benefit branch. The Committee also asks the Government to furnish a copy of the text of Ordinance 81/024 of 16 April 1981 to establish the old-age, invalidity and survivors' pension scheme for employees, and of Decree No. 83/340 of 10 August 1983 issued under it, which was mentioned by the Government as having been enclosed with its report but which has not been received by the ILO. 3. Article 6. The Committee noted the Government's statement that it had taken note of its comments on section 1 of Act No. 65-57 of 3 June 1965 regarding family benefit and that this section would be amended in the near future. Accordingly, it hopes that it will be possible for this provision to be amended shortly so as to guarantee expressly both to nationals of the Central African Republic and to nationals of any other Member that has accepted the obligations of the Convention in respect of branch (i) (family benefit), the benefit of family allowances for children who reside in the territory of any such Member (under conditions and within limits to be agreed upon by the Members concerned) in so far as there is any migration of the type referred to in this provision of the Convention. (So far, the following countries have accepted branch (i) (family benefit): Bolivia, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Netherlands, Tunisia, Uruguay and Vietnam.) 4. Articles 7 and 8. The Committee took note of the information provided by the Government and noted that there was a draft text of a social security convention at the level of the Customs and Economic Union of Central Africa, that was to be discussed in the near future by the Member countries. It would be grateful if, in future reports, the Government would provide information on any progress made towards the adoption of this convention and its possible ratification by the Central African Republic and the conclusion of bilateral and multilateral social security agreements with other concerned States that have ratified Convention No. 118. The Committee further noted that draft social security agreements between the Central African Republic and the Congo, France and Zaire were apparently being discussed. It asks the Government to provide information on any progress made in this respect.

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