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

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.]