Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

Article 5 of the Convention (Payment of benefits abroad). In reply to the Committee’s previous comments, which it had been making for several years, the Government recalls that section 50(7)(a) of the Legislative Decree on Social Security of 1961 allows the suspension of benefits where the beneficiary resides abroad, subject to the obligations assumed under international agreements. The Government states in this respect that the reciprocity agreements concluded by the Democratic Republic of the Congo with other countries do not contain discriminatory provisions, and that where workers who are nationals of other countries fulfil the conditions required under these agreements, they benefit from treatment that is equal to that of Congolese workers. It is envisaged that transfers of social security benefits will take place in accordance with the agreements in force establishing financial arrangements between the two contracting parties. For example, an administrative arrangement related to the general social security agreement provides for a financial arrangement between the central banks of contracting countries for the payment of benefits. Efforts are currently being made to conclude general social security agreements with certain African countries, such as Angola, Tanzania, Zambia and Zimbabwe. However, the Government indicates that no agreement is currently available for the good reason that no ratifications of the agreement have yet been registered. In the absence of such agreements, the necessary measures to transfer benefits will have to be made by common agreement between the interested parties.

The Committee wishes to remind the Government in this respect that, by ratifying the Convention and accepting its obligations for the invalidity, old-age and employment injury branches, the Government has undertaken to guarantee provision of the respective benefits both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for the branches in question, and to refugees and stateless persons, even in the absence of reciprocity agreements or bilateral social security agreements. The Committee therefore trusts that, while awaiting the conclusion of bilateral agreements, the Government will take unilateral measures to guarantee in law and practice the provision of benefits abroad for its own nationals and for the nationals of the countries following in relation, respectively, to branch (d) (invalidity benefit): Brazil, Cape Verde, Ecuador, Egypt, France, Iraq, Italy, Jordan, Kenya, Libyan Arab Jamahiriya, Madagascar, Mauritania, Mexico, Netherlands, Philippines, Rwanda, Syrian Arab Republic, Tunisia, Turkey and Venezuela; branch (e) (old-age benefit): Barbados, Brazil, Central African Republic, Guinea, Iraq, Israel, Italy, Kenya, Libyan Arab Jamahiriya, Mauritania, Mexico, Netherlands, Philippines, Rwanda, Syrian Arab Republic, Tunisia, Turkey and Venezuela; branch (g) (employment injury benefit): Bangladesh, Barbados, Brazil, Cape Verde, Central African Republic, Denmark, Ecuador, Egypt, Finland, France, Germany, Guinea, Iraq, Ireland, Israel, Italy, Jordan, Libyan Arab, Jamahiriya, Madagascar, Mauritania, Mexico, Netherlands, Pakistan, Philippines, Rwanda, Suriname, Sweden, Syrian Arab Republic, Tunisia, Turkey, Uruguay and Venezuela. The Committee would be grateful if the Government would forward the present comments to the Commission for the Reform of Social Security established by Ministerial Order No. 12/CAB-MIN/TPS/AR/KF/038/2002 of 23 February 2002, the text of which was provided by the Government with its report on the application of Convention No. 102, in view of the fact that the above Commission is entrusted with updating the draft Social Security Code and other legislative texts, and for issuing opinions and views on any matter relating to social security.

Articles 7 and 8. In reply to the Committee’s previous comments, the Government indicates in its report that, with a view to the participation of the Democratic Republic of the Congo in a scheme for the maintenance of acquired rights and rights in course of acquisition, efforts are being made in the context of the conclusion of general social security agreements with African countries with which the Democratic Republic of the Congo shares borders or is developing various forms of cooperation. The Government indicates that such an agreement was signed by the Democratic Republic of the Congo in 1979 and by Zambia in 1987, but has not been ratified, while Angola, Zimbabwe and the United Republic of Tanzania are still at the negotiating stage. In view of the fact that, according to this information, the process of negotiation described by the Government has already lasted over 20 years without achieving any results in terms of agreements that have been ratified and applied in the countries in question, the Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged to complete the process that has been set in motion as rapidly as possible.