Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes with regret that the Government’s report has not been received for the sixth consecutive year. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 5 of the Convention. In its previous comments on the transfer of benefits abroad, the Committee noted the Government’s statement that two different cases should be distinguished: (a) where the beneficiary who is resident abroad had his remuneration transferred during his period of employment in the Democratic Republic of the Congo the benefits awarded to him are also transferred abroad upon simple request by the National Bank of the Democratic Republic of the Congo; (b) where the remuneration of the beneficiary was not transferable abroad during the period of employment in the Democratic Republic of the Congo, the Bank of the Democratic Republic of the Congo may, after a special request has been made by the beneficiary or his delegate, or by the bank in which the account has been opened, give special authorization for the transfer of benefits. In its latest report, the Government refers in this connection to sections 176(1) and 179(1) of the current exchange regulations. The Committee notes, however, that although these provisions refer to the transfer of remuneration and bonuses, they do not appear to regulate directly the procedure for the transfer of benefits.

Furthermore, the Committee recalls that subsection 7(a) of section 50 of the Legislative Decree on Social Security of 1961 allows, subject to obligations undertaken in international agreements, the suspension of benefits where the beneficiary resides abroad. In these circumstances, the Committee hopes that the Government will be able to take the necessary measures (for example by issuing a circular) to ensure that the nationals of both the Democratic Republic of the Congo and of any other Member that has accepted the obligations of this Convention in respect of a given branch, as well as refugees and stateless persons, in the event of residence abroad, receive the long-term benefits provided under the branches accepted by the Democratic Republic of the Congo (invalidity, old age and employment injury), even if the beneficiary residing abroad did not benefit from the free transfer of his remuneration during his period of employment in the Democratic Republic of the Congo.

Articles 7 and 8. The Committee would be grateful if the Government would continue to provide information on the implementation of these provisions of the Convention, under which Members must endeavour, in particular through multilateral or bilateral agreements, to participate in schemes for the maintenance of acquired rights and rights in course of acquisition under their legislation.