Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Article 5 of the Convention. Payment of benefits abroad. The Committee notes the Government’s statement in its report that, in response to the Committee’s request, the Ministry of Employment, Labour and Social Security submitted its previous comments to the Committee on Social Security Reform established by Ministerial Order No. 12/CAB-MIN/TPS/AR/KF/038/2002 of 23 February 2002 in order to bring the national legislation into conformity with the provisions of the Convention. In view of the fact that this committee is responsible for updating the draft Social Security Code and other legislative texts, and also to give its opinions and conclusions on any matter relating to social security, the Committee hopes that the Government’s next report will cover the recommendations made by the Committee on Social Security Reform and the measures taken to establish mechanisms for the transfer of benefits abroad. The Committee recalls that, by ratifying the present Convention and accepting the obligations in respect of the branches for invalidity, old age and employment injury, the Government undertook, in accordance with Article 5 of the Convention, to ensure the provision abroad of the benefits in question both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of a corresponding branch, even in the absence of reciprocity agreements or bilateral social security agreements.

Articles 7 and 8. In reply to the Committee’s previous comments, the Government states in its report that, after the end of the armed conflicts in the country, the Government will take the necessary steps to ratify the agreements concluded or to be concluded with a view to participation in a system for the maintenance of acquired rights or rights in the course of acquisition. The Committee would be grateful if the Government would provide information on any progress made in this regard.