Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the information provided by the Government in its reports relating to Conventions Nos. 102, 118, 121, 128 and 130. It notes the adoption of the new Organic Act on the Social Security System, as well as that of the Acts regulating the pensions and health subsystems, which entered into force on 30 December 2002 and 31 December 2001, respectively. The Committee notes that, as stated in its first section, the objective of the new Organic Act is to establish the social security system, establish and regulate its mandate, organization, functioning and financing, the management of its benefit systems and the manner in which entitlement to social security benefits is given effect with regard to persons subject to its scope of application, as a non-profit public service. The Committee requests the Government to provide detailed information on the extent to which its new legislation gives effect to each of the provisions of the Convention, transmitting in this regard the information requested in the report form approved by the Governing Body, including statistics. The Committee also requests the Government to transmit the regulations concerning the application of the new legislation.

2. The Committee hopes that the next report will also contain information on the measures adopted to give effect to the following provisions with regard to which it has been making comments for several years: Articles 10, 17 and 23 (read in conjunction with Article 26) (amount of old-age, invalidity and survivors benefit); Article 21, paragraph 1 (read in conjunction with Article 1(h), (i)) (raising of age up to which minors have the right to a survivor’s pension); Article 29 (revision of benefits); Article 32, paragraph 1(d) and (e) and paragraph 2 (suspension of benefits); and Article 38 (employees in the agriculture sector).