Observation (CEACR) - adoptée 2012, publiée 102ème session CIT (2013)

Convention (n° 118) sur l'égalité de traitement (sécurité sociale), 1962 - Mauritanie (Ratification: 1968)

Autre commentaire sur C118

Observation

Demande directe

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Article 5 of the Convention. Payment of benefits in the event of residence abroad. The Committee recalls that, under the terms of section 66(2) of the Act of 3 February 1967, the payment of social security benefits is suspended where the beneficiary is not resident in Mauritania, except where reciprocity agreements or international agreements exist. Where the beneficiary originates from a State that has signed such an agreement with Mauritania, the physical presence of the beneficiary is not required for opening the entitlement to benefits or for setting up a bank transfer of the benefits. In practice, in the event of residence in any country which does not have an international agreement with Mauritania, benefits may still be paid but on condition that the beneficiary, whether a Mauritanian national or a foreigner, is physically present on Mauritanian territory at least once a year for the payment of benefits in order to establish the beneficiary’s physical identity and ensure that any undue payments are avoided.

The Committee previously noted that, in view of the small number of bilateral social security agreements concluded by Mauritania, the requirement of physical presence in the country in order to receive benefits in cases where the beneficiary resides in a country which does not have an agreement with Mauritania is incompatible with Article 5(1) of the Convention, which guarantees the payment abroad of invalidity benefits, old-age benefits, survivors’ benefits and employment injury pensions. Consequently, in order to make this provision of the Convention operational in practice and guarantee beneficiaries’ rights in an effective manner, the Committee hopes that the Government will take the necessary steps to: (i) enable the identification and monitoring of beneficiaries through Mauritanian consulates abroad; and (ii) take steps to conclude bilateral agreements to facilitate the export of benefits to countries where the largest numbers of actual or potential beneficiaries are resident.