Demande directe (CEACR) - adoptée 2005, publiée 95ème session CIT (2006)

Article 2, paragraph 6(a) of the Convention. The Government stated that the Egyptian legislation provides benefits other than those the granting of which depends either on direct financial participation by the persons protected or their employers. It provided, in this regard, a table indicating the laws which were issued on annual increasing pensions from 1987 to 2004. The Committee takes note of this information and requests the Government to supply, in its next report, information on why it considers the pension increases to be a benefit under this provision of the Convention and also to specify whether or not the pensions increase is financed from contributions of either the persons protected or their employers.

Article 3. The Committee notes the statement of the Government that Convention No. 118 is an international agreement within the meaning of section 2(b) of Act No. 79 of 1975 and, therefore, all nationals of countries which ratified the Convention shall enjoy specified rights and benefits provided the duration of the contract is of a minimum of one year. As regards the nature of the Convention in the light of section 2(b) of Act No. 79 of 1975, and referring to its previous comments, the Committee requests the Government to provide, in its next report, copies of any legislative provisions, regulations or administrative measures (such as a circular from the authority competent in the field of social insurance) which apply such an interpretation in practice. With regard to the Government’s statement that the duration of contract should be of a minimum of one year as a condition to be entitled to rights and benefits by virtue of the same section, the Committee recalls that this condition is not in conformity with the principle of equality of treatment between nationals of Egypt and nationals of the States which have ratified the Convention and, therefore, requests the Government to indicate the measures taken to ensure equality of treatment also in the case of foreign workers engaged under a contract of employment of less than one year, in accordance with Article 3, paragraph 1, of the Convention. In this regard, the Committee notes the Government’s statement that the ministry concerned has been informed of the Committee’s comments with a view to considering the compatibility of the Social Insurance Act (No. 79 of 1979) with the provisions of the Convention on this subject when it is revised. The Committee hopes that the Government will take the necessary measures in the near future to give full effect to the Convention.

Article 5. The Government stated that under section 28 of the Social Insurance Law, read in conjunction with section 27, in the case of an insured foreign person leaving the country definitively, or being permanently engaged in work abroad, or in the case of emigration of the insured person, the insured person can claim payment of the pension to which he is entitled, or abdicate his right to a pension by applying for a lump sum in its place. It also stated that Act No. 79 of 1975 does not provide for practical methods for pensions transfer outside of Egypt if there is no reciprocity agreement; in this case the transfer may be made to one of the banks which has branches outside Egypt. Referring to its previous comments in this respect, the Committee recalls that Article 5 of the Convention is intended to ensure the provision of invalidity benefits, old-age benefits, survivors’ benefits and death grants, and employment injury pensions in the case of residence of the beneficiary abroad, and particularly when residence is transferred outside Egypt. The conversion of a pension or an annuity into a lump sum, even when this is done at the request of the beneficiary, is not envisaged by this provision. The Committee hopes that the Government will be able to reconsider the matter so that it can take the necessary measures to ensure in all cases the full application of Article 5 of the Convention in this respect.

Articles 7 and 8. The Committee notes the information provided by the Government. It notes that the Government stated, in its initial report of 1995, that Egypt does not participate in a scheme for the maintenance of the acquired rights and rights in course of acquisition. In its reports of 1996 and 1997, it stated that many bilateral agreements have been concluded between Egypt and a number of States and that these agreements contain rules giving effect to the Convention in this respect and that copies of these agreements would be provided to the ILO. In its report of 2001, it stated that it would forward the measures referred to upon completion of a mutual system between Egypt and another member State which has ratified the Convention. In its subsequent reports, the Government does not supply any information on this specific point. The Committee recalls that the Convention provides that Members for which this Convention is in force shall, upon terms being agreed between the Members concerned in accordance with Article 8, endeavour to participate in schemes for the maintenance of the acquired rights and rights in course of acquisition under their legislation of the nationals of Members for which the Convention is in force, for all branches of social security in respect of which the Members concerned have accepted the obligations of the Convention. It would be grateful if the Government would supply information in its next report on all measures taken to give full effect to this provision and if it would provide copies of any agreements concluded with other States in this respect.

Article 10. The Government stated that the Egyptian Social Insurance Act No. 79 of 1975 does not include any text on refugees or stateless persons. The Committee requests the Government to indicate in its next report the measures which have been taken or are envisaged to ensure the application of this law to refugees and stateless persons, in accordance with this provision of the Convention.

Article 11. The Government stated that no measures were taken regarding the application of this provision of the Convention. The Committee recalls that this provision envisages that States shall afford each other administrative assistance free of charge with a view to facilitating the application of the Convention and the implementation of their respective social security legislation. The Committee hopes that the Government will be able to indicate in future reports the measures which have been taken or are envisaged to give effect to this obligation.

The Committee hopes that the Government will take the necessary measures in the near future to give full effect to the Convention.