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

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. With reference to its previous comments, the Committee notes the Government's statement that a draft Social Security Code has been formulated giving complete effect to the Convention. It notes that by virtue of section 91(3) of the above draft, benefits are neither withdrawn nor suspended for the nationals of countries that have ratified the Convention. It requests the Government to inform it of any progress achieved in the adoption of the above draft. However, the Committee notes that the Government supplies no information on the application of the legislation respecting exchange controls which appears to restrict the payment of benefits in case of residence abroad. It therefore requests the Government once again to indicate the impact of this legislation on the payment of benefits when the beneficiary resides abroad, and to indicate the extent to which, and the number of cases in which, beneficiaries have not been able to obtain payment of these benefits abroad. The Committee also requests the Government to state in its next report the measures that have been taken to give full effect to the Convention in both law and practice, irrespective of the existence of any legislation regarding exchange controls. Article 6. The Committee notes that the report does not contain any reply to its previous comments. However, it notes with interest that the draft Social Security Code removes, in section 94(1), the requirement of residence in respect of children that is provided in section 38 of the Social Security Code currently in force in order to qualify for entitlement to family allowances. The Committee hopes that the draft Social Security Code will be adopted shortly. The Committee once again requests the Government to inform it of the outcome of the consultations referred to previously by the Government that have been commenced with countries in the subregion for the negotiation of bilateral agreements concerning the social insurance of migrant workers. It once again expresses the hope that the Government will endeavour to conclude agreements with the other member States concerned which have accepted the obligations of the Convention in respect of the family benefits branch in cases where migrations of the type contemplated by Article 6 exist with those States.

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