Demande directe (CEACR) - adoptée 2007, publiée 97ème session CIT (2008)

Article 5 of the Convention. Provision of certain benefits abroad in the absence of reciprocity agreements or social security agreements. With reference to its previous comments, the Committee notes that under the terms of section 44, as amended, of the Legislative Decree of 22 August 1974 respecting the organization of social security, benefits provided by the social security may only be provided abroad where there are reciprocity agreements or international agreements concluded for this purpose. In this respect, the sole instance of cases in which social security benefits may be provided abroad is the general social security agreement between the Republic of Burundi, the Republic of Rwanda and the Democratic Republic of the Congo concluded in 1978 in the context of the Economic Community of the Great Lakes Countries (ECGLC).

The Committee therefore understands that Convention No. 118 is not considered as an international agreement within the meaning of the above provision and that, in practice, benefits are not paid on this basis to beneficiaries residing abroad. The Committee wishes to recall in this respect that by ratifying the present Convention and accepting the obligations for branches (d), (e), (f) and (g) the Government undertook, in accordance with Article 5 of the Convention, to guarantee both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of the corresponding branch, as well as to refugees and stateless persons, when they are resident abroad, provision of invalidity benefit, old-age benefit, survivors’ benefit and death grants, and employment injury pensions, without any condition of reciprocity and irrespective of the country of residence of the beneficiary, even in the absence of bilateral or multilateral social security agreements. The Committee therefore requests the Government to reconsider the situation with a view to giving full effect to the Convention on this point in both law and practice.

The Committee further notes that, according to the information provided by the Government, that there are a number of workers in the country who are nationals of countries which are parties to the Convention and it would be grateful if the Government would continue providing information on any newly concluded agreement with States that have accepted the obligations of the present Convention for the corresponding branches with a view to the maintenance of acquired rights and rights in course of acquisition, in accordance with Articles 7 and 8 of the Convention.