Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

Article 5 of the Convention. In response to the Committee's previous comments, the Government refers to Article 8 of the Convention, concerning the methods of applying Articles 5 and 7 of the Convention and states that Tunisia has concluded bilateral social security agreements with ten States, five of which have ratified the Convention (France, Germany, Italy, Libyan Arab Jamahiriya and the Netherlands) and that discussions are in progress with other States such as Greece, Spain, Switzerland, Portugal and Sweden. It adds that these agreements provide for the nationals of both countries to receive equal treatment under national social security legislation and set up a reciprocity scheme for workers of both countries when they transfer their residence to the other country to engage in an occupational activity covered by social security or to stay in that country.

The Committee notes this information. It recalls that Decree No. 74-499 of 27 April 1975 respecting old-age and invalidity benefits and survivors' insurance in the non-agricultural sector provides, in section 49, for the unconditional grant of pensions and allowances in Tunisia only for nationals of countries which are linked to Tunisia by a diplomatic treaty setting up a reciprocal old-age, invalidity and survivors' insurance scheme or which have acceded to a multilateral agreement having the same purpose. With regard to Tunisian nationals, under the above-mentioned provision and section 77 of Act No. 81-6 of 12 February 1981 to organize social security schemes in the agricultural sector, for these benefits to be granted the worker must be resident in Tunisia at the date on which he applies for them. In these circumstances, the Committee must emphasize that, according to Article 5 of the Convention, nationals of Tunisia like nationals of any other State which has accepted the obligations of the Convention for a given branch, and not only those covered by a reciprocal scheme established in bilateral or multilateral social security agreements, must be guaranteed the provision of long-term benefits in case of residence abroad, without restriction and regardless of their new country of residence. The Committee hopes that the Government will be able to indicate in its next report the measures taken or envisaged to ensure that this provision of the Convention is fully applied.