Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Central African Republic (RATIFICATION: 1964)

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A Government representative stated that during the discussion of this case in 1992 his Government had declared itself ready to make the necessary changes in the legislation, and contacts had been established for this aim with the ILO Department on Social Security. Notwithstanding the social upheavals preventing the proper functioning of the administration, the Government was actively preparing the draft texts. It was not known, however, when these texts could be submitted to Parliament, dissolved a year ago, with elections scheduled for 17 October 1993. The Government would like to benefit from the ILO technical assistance in the elaboration of the necessary amendments. Referring to the difficulties encountered in the application of the Convention stemming from the fact that neighbouring countries had not accepted obligations under branch (g), he indicated that the Government was seeking to conclude reciprocity agreements even if the Convention in providing reciprocity was self-sufficient in this respect. When more countries would accept obligations of the Convention for branch (g), there would be fewer problems of application for his country.

The Employers' members recalled that the Committee of Experts had been making its comments since 1968, and that this case had been already discussed in this Committee in 1991 and in 1992. Referring to the Committee of Experts' observation concerning benefits to be paid in case of residence abroad, under Article 4, branch (g) and Article 5, branch (d) of the Convention, they took note of the general intention of the Government to respect its obligations and of the contacts pursued with a view to obtaining technical assistance from the Office. In relation to the dissolution of the Parliament, the Employers inquired whether certain modifications could be made by way of the administrative decisions, as the Government should respect its obligations.

The Workers' members supported the statement of the Employers' group. Noting the information given by the Government, they considered that it should provide further information on the concrete problems mentioned in the observation of the Committee of Experts.

The Workers' member of Senegal considered that this problem concerned taking into account the demands of workers in the context of migration at the level of the continent. The framework of negotiations between States to that end existed, but there was often a lack of political will on the part of the governments.

The Workers' member of the Central African Republic stated that since the beginning of the year the troubles had calmed down, the people had resumed work and the Labour Department functioned properly. He asked whether the report requested by the Committee of Experts had been communicated by the Government.

The Government representative repeated his statement according to which the provisions would be adapted in line with the request of the Committee of Experts. The ILO assistance would permit acceleration of this process.

The Committee took note of the information submitted by the Government to the effect that the situation remained virtually unchanged since the case was last discussed in 1992. The Committee also took note of the fact that, according to the Government, everything depended on the new Parliament resuming its work and that the Government would favourably accept technical assistance from the Office to develop the final version of the legislation. The Committee also noted the difficulties faced by the Government stemming from the fact that neighbouring countries had not ratified the Convention, which was based on reciprocity. The Committee hoped that the Office would be able to provide the technical assistance requested, and that the Committee of Experts and the Committee would be able to note progress when examining the next report to be submitted by the Government.

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A Government representative declared that in its report of April 1991 the Government referred to the draft text prepared by the Labour Department to bring national law and practice in question into conformity with the Convention; the constitutional procedure for the adoption of these texts was already engaged and is in progress. In September 1991 the National Assembly adopted the law concerning tye reform of state-owned companies, companies with both public and private ownership, and public organs of which the Central African Office of Social Security administrating the pensions of the wage-earners covered by the Labour Code is one; this law requires those bodies to carry out reform of their organic rules. Moreover, the Ordinance No. 81/024 establishing the old-age, invalidity and survivors' pension scheme, as well as its implementing Decree No. 83/340 will be soon amended in order to respect the spirit of the Convention. The Government has also signed the Social Security Convention benefiting workers of Air Afrique. The non-application of the Convention is not an act of ill-will, but comes from the fact that there were problems of territorial application in respect of certain countries which had ratified the Convention where the law are applied only within the territory. In order not to impede the interests of the workers concerned, the Government is actually negotiating reciprocity agreements with, in particular, certain States in the region. Nevertheless, if all the countries which have ratified the Convention were respecting it, there would be no problem to the extent that this instrument itself contains a provision of reciprocity. The Government has always faced problems concerning the recognition of pension rights in relation to certain states, including signatories to the Convention, when the nationals of the Central African Republic who have worked there returned home. That is why the Government, knowing that the Convention contains an obligation of reciprocity, still seeks to conclude such agreements to de-block the situation. Finally, article 27 of the Law No. 65/66 expressly applies the provisions of the Convention: "Foreign workers victims of an occupational accident or their dependants who cease to reside on the territory of the Central African Republic continue to receive their compensation benefits under the same conditions". This provision has been applied since 1965, particularly in case of occupational accidents, but the situation concerning pensions is more complex due to the difficulties encountered with certain member States which have ratified the Convention.

The Employers' members stated that the Government representative made essentially the same declarations as the previous year, except for two points. Firstly, the Government has provided to the ILO copies of the new social security laws but this Committee is not able to examine them; it will be for the Experts to decide whether they remedy the problem identified in their report. Secondly, and this is a new important point, the Government recognises now that the Convention, by its own terms, creates an obligation of reciprocity. However, part of the problem here consists in that this Committee does not know the countries signatories to the Convention with which the Central African Republic has difficulties. Once the Government has identified them, it would be in a position to receive technical assistance from the ILO to bring the whole system in line. The ILO might have to provide such assistance to other governments that seem to have difficulties in this area.

The Workers' members, recalling that this case has been discussed by the Committee of Experts over the past three years and was the subject of the debate in the present Committee, referred to the Committee of Experts which righfully has pointed out to the Government that under the Convention equality of treatment in social security must be ensured automatically whatever the country of residence, even in the absence of bilateral or multilateral agreements. The Government seems to have accepted this interpretation now. The Government representative mentioned a draft text to bring the legislation into conformity with the Convention, but perhaps there is a danger in a sense that it is not a law which itself modifies the situation, but one which permits amending other texts. Therefore, the essential question is the following: when the Government will modify the law in question to bring its legislation in conformity with the requirements of the Convention? It would obviously be useful that the Government has recourse to the assistance of the Office for the drafting, but one should insist, in the first place, that real modifications be made in the legislation in the near future.

The Government representative specified that his Government has supplied copies of the laws on pensions, on occupational accidents, as well as the last text requiring the Central African Office of Social Security to amend its organic law. When this law is modified, the Government will include in it provisions to bring it into conformity with the Convention.

The Committee took note of the information given by the Government. It understood that the Government has provided recently the texts of Ordinance No. 81/024 and of Decree No. 83/340 to the ILO. The Committee was not in a position to discuss the substance of these regulations but also noted the Government's difficulties to change other regulations on the subject matter by reason of problems of reciprocity with other countries. It urged the Government to ask the ILO for technical assistance in that respect and hoped that the Government would be able to amend the legislation with a view fully to comply with the requirements of the Convention. The Committee hopes that it will be able to conclude at one of its next sessions that such amendments had taken place.

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A Government representative said that his Government was doing all it could to apply this Convention. Article 3(1) of the Convention is in fact applied in the national territory since nationals of all countries, including those of the Central African Republic, are treated equally as concerns the right to receive benefits. The speaker nevertheless emphasised that the legislation of countries in the region were applied territorially and subordinated the payment of all social benefits to the condition of residence; this applied to nationals of the country who had emigrated as well as nationals of other States. This situation was not peculiar to the Central African Republic. As Central African Republic is a large exporter of labour, it has taken two sets of measures to give full effect to the Convention.

Firstly, the country has engaged in negotiations to conclude bilateral agreements concerning social security: this work has almost been concluded with Congo and discussions are in progress with Zaire. Secondly, multilateral initiatives have been taken: the Central African Republic is party to discussions envisaged to result in agreements concerning social security, for example, in the Central African Customs and Economic Trade Union. Moreover, in February 1991 the Government signed a social security agreement "Air Afrique" which groups together ten African countries and ratification of this agreement is currently in progress.

As concerns employment injury and occupational illness benefits, the Central African Office of Social Security does not take residence into account in granting benefits. The Office thus takes a risk because it cannot verify if the victim of employment injury who does not reside within its territory is still alive: the legislator therefore took all necessary precautions not to adopt texts giving a right to undue benefits. A reciprocity agreement would facilitate the settlement of real problems existing in this area.

As concerns old-age benefits, the General Social Security Convention of the African and Mauritian Common Organisation (OCAM) includes provisions for the payment of old-age, invalidity and srvivors' benefits to foreigners. However, most of the OCAM member States (now dissolved) never applied the agreement. The same problem arises when one wants to make sure that the children of parents residing in the territory of another member State qualify for family benefits. This is a real problem if one takes into account the difficult financial situation of social security institutions in the region. Here again technical problems can only be resolved by the conclusion of reciprocity agreements in the area of social security. The Central African Republic has been committed to this goal for a long time.

The Workers' members stated that equality of treatment in the area of social security must be accorded without conditions of residence, even in the absence of bilateral or multilateral agreements. The Committee of Experts indicated the divergences with the Convention as concerns work injuries, occupational illnesses, old-age benefits and family benefits. It was regrettable that the Government had not given all the necessary information, sent reports or responded to questions posed. The Workers' members firmly hoped that the Government would take the necessary measures so that the Committee could note next year real progress as concerns the application of this Convention.

The Employers' members associated themselves with the comments of the Workers' members and noted that this case, like the one involving Convention No. 52, involved a long-standing failure to implement in law and practice the requirements of the Convention; the only difference here was that this case had not been discussed previously by the Committee.

The Government representative emphasised that paragraphs 2 and 3 of Article 3 of the Convention raised difficulty in implementation. The legislation of all countries in the region is applied territorially and it is necessary to conclude reciprocity agreements to permit the effective application of the Convention. In response to a question posed by a Government member of Germany on the subject of workers' residing outside of the country, the Government representative said that the Central African Office of Social Security pays benefits for work-related injuries to both workers who reside within the national territory no matter what their nationality, and workers who were victims of occupational injuries within the national territory and live outside the country. The concrete problem which arises in cases where the worker had died is to decide what should be done for survivors. Benefits cannot be given automatically because one must verify that they fulfil the necessary conditions to receive benefits. As reciprocity agreements do not exist, the social security institutions of the country where the survivors live are not obliged to make the necessary inquiries, the conclusions of which may permit the Office to pay benefits to these survivors.

The Committee noted the report of the Committee of Experts and the information which was provided by the Government and that there continued to be serious differences between the legislation and the requirements of the Convention No. 118. It regretted that the Government had not provided new information and noted that the situation had not improved over a period of many years. The Committee hoped that the Government would take all the necessary measures both in terms of practice and national legislation to ensure the full application of the Convention and that the Government shows substantial progress next year.

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Previous comments: observation (2023); direct request (2023)

Compatibility of national legislation with the provisions of the Convention. The Committee notes the Government’s indication in reply to its previous comments that the ongoing reform of the Code of Social Security and the amended draft of Decree No. 09-115, of 27 April 2009, establishing the National Social Security Fund, will introduce changes to the national legislation to give full effect to the Convention. The Committee recalls that, for the past ten years, it has been drawing the Government's attention to the need to bring national legislation into line with the provisions of Articles 4, 5, 6, 7 and 8 of the Convention, especially with regard to the provisions of social security benefits under conditions of residence and payments of social security benefits abroad. In light of this, the Committee requests the Government to provide information regarding the progress made in the reform of the Code of Social Security and the National Social Security Fund, and firmly hopes that the provisions of the Convention will be fully taken into account during the course of this reform.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

The Committee requests the Government to provide detailed information on the efforts made to bring the legislation and regulations into compliance with the following provisions of the Convention.

Article 4 of the Convention (branch (g)) (Employment injury benefit). The legislation or regulations in force should be supplemented by a provision explicitly guaranteeing that, when the victim of an employment injury is a national of a State which has accepted the obligations of the Convention concerning employment injury benefit, dependants who are proved to be actually dependent at the time of the beneficiary’s death, even if they were resident abroad at the time of the beneficiary’s death and continue to reside abroad, shall be entitled to survivors’ benefits.

Article 5 (branch (e)) (Old-age benefit). The national legislation should be supplemented by a provision to ensure the provision of old-age benefit in the case of residence abroad, both to nationals of the Central African Republic and to nationals of any other member State which has accepted the obligations of the Convention for branch (e).

Article 6 (Family benefit), National laws and regulations should explicitly guarantee, both for nationals of the Central African Republic and for those of any other Member which has accepted the obligations of the Convention for branch (i) concerning family benefit, the provision of family benefit for children residing on the territory of such other Member, under conditions and within limits to be agreed upon by the Members concerned.

Articles 7 and 8. Multilateral or bilateral social security agreements. The Committee notes the Government’s indication in relation to the conclusion of agreements with other States parties to the Convention for the purpose of the maintenance of social security rights and requests the Government to indicate any progress achieved with a view to guaranteeing, through the conclusion of bilateral or multilateral social security agreements with other States concerned which have ratified the Convention, the maintenance of acquired rights and rights in course of acquisition, in accordance with the provisions of Article 7 of the Convention.

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The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

The Committee recalls that, following the adoption of Act No. 06-035 of 28 December 2006 issuing the Social Security Code, Decree No. 09-116 of 27 April 2009 implementing that Act, and Decree No. 09-115 of 27 April 2009 determining the legal and institutional status of the National Social Security Fund, the national law and regulations continue to be based on the principle that equality of treatment is subject, contrary to Article 4(1) of the Convention, to the condition of the residence of foreign nationals in the national territory. The provision of benefits abroad is only possible if it is provided for by a bilateral or multilateral social security agreement, which is contrary to the provisions of Article 5(1) of the Convention. In the Central African Republic, this provision of the Convention requires the provision of old-age benefit and employment injury pensions, without other conditions, to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of these benefits. The Committee notes that the Government, in its report, does not indicate any measures adopted or envisaged with a view to amending the national legislation to bring it into conformity with these provisions of the Convention. In light of the information available, the Committee concludes once again that the national legislation continues not to give full effect to the essential provisions of the Convention.The Committee expects that the Government will take the necessary measures to make appropriate amendments to the legislation so as to give full effect to the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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The Committee requests the Government to provide detailed information on the efforts made to bring the legislation and regulations into compliance with the following provisions of the Convention.

Article 4 of the Convention (branch (g)) (Employment injury benefit). The legislation or regulations in force should be supplemented by a provision explicitly guaranteeing that, when the victim of an employment injury is a national of a State which has accepted the obligations of the Convention concerning employment injury benefit, dependants who are proved to be actually dependent at the time of the beneficiary’s death, even if they were resident abroad at the time of the beneficiary’s death and continue to reside abroad, shall be entitled to survivors’ benefits.

Article 5 (branch (e)) (Old-age benefit). The national legislation should be supplemented by a provision to ensure the provision of old-age benefit in the case of residence abroad, both to nationals of the Central African Republic and to nationals of any other member State which has accepted the obligations of the Convention for branch (e).

Article 6 (Family benefit), National laws and regulations should explicitly guarantee, both for nationals of the Central African Republic and for those of any other Member which has accepted the obligations of the Convention for branch (i) concerning family benefit, the provision of family benefit for children residing on the territory of such other Member, under conditions and within limits to be agreed upon by the Members concerned.

Articles 7 and 8. Multilateral or bilateral social security agreements. The Committee notes the Government’s indication in relation to the conclusion of agreements with other States parties to the Convention for the purpose of the maintenance of social security rights and requests the Government to indicate any progress achieved with a view to guaranteeing, through the conclusion of bilateral or multilateral social security agreements with other States concerned which have ratified the Convention, the maintenance of acquired rights and rights in course of acquisition, in accordance with the provisions of Article 7 of the Convention.

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The Committee recalls that, following the adoption of Act No. 06-035 of 28 December 2006 issuing the Social Security Code, Decree No. 09-116 of 27 April 2009 implementing that Act, and Decree No. 09-115 of 27 April 2009 determining the legal and institutional status of the National Social Security Fund, the national law and regulations continue to be based on the principle that equality of treatment is subject, contrary to Article 4(1) of the Convention, to the condition of the residence of foreign nationals in the national territory. The provision of benefits abroad is only possible if it is provided for by a bilateral or multilateral social security agreement, which is contrary to the provisions of Article 5(1) of the Convention. In the Central African Republic, this provision of the Convention requires the provision of old-age benefit and employment injury pensions, without other conditions, to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of these benefits.

The Committee notes that the Government, in its report, does not indicate any measures adopted or envisaged with a view to amending the national legislation to bring it into conformity with these provisions of the Convention. In light of the information available, the Committee concludes once again that the national legislation continues not to give full effect to the essential provisions of the Convention. The Committee expects that the Government will take the necessary measures to make appropriate amendments to the legislation so as to give full effect to the Convention.

The Committee is raising other matters in a request addressed directly to the Government.

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The Committee requests the Government to provide detailed information on efforts to bring its legislation and regulations into compliance with the following Articles of the Convention.

Article 4 of the Convention (branch (g)) (Employment injury benefit). The legislation or regulations in force should be supplemented by a provision explicitly guaranteeing that when the victim of an employment injury is a national of a State which has accepted the obligations of the Convention concerning employment injury benefit, his or her dependants (survivors), even if they were resident abroad at the time of the victim’s death and continue to reside abroad, shall receive survivor’s benefits, if it is proved that they were actually dependent at the time of the victim’s death.

Article 5(branch (e)) (Old-age benefit). The national legislation should be supplemented by a provision ensuring the payment of old-age benefit in case of residence abroad, both to nationals of the Central African Republic and to nationals of any other member State that has accepted the obligations of the Convention concerning branch (e).

Article 6 (Family benefit). National laws and regulations should explicitly guarantee, both for nationals of the Central African Republic and for those of any other Member which has accepted the obligations of the Convention for branch (i) concerning family benefit, for payment of family benefit for children residing on the territory of such other Member, under conditions and within limits to be agreed upon by the Members concerned.

Articles 7 and 8. Multilateral or bilateral social security agreements. The Committee once again requests the Government to indicate in its next report any progress made with a view to guaranteeing, through the conclusion of bilateral or multilateral social security agreements with other States concerned which have ratified Convention No. 118, the maintenance of acquired rights and rights in course of acquisition, in accordance with the provisions of Article 7 of the Convention.

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The Committee notes the adoption of Act No. 06-035 of 28 December 2006 issuing the Social Security Code, Decree No. 09-116 of 27 April 2009 implementing that Act and Decree No. 09-115 of 27 April 2009 determining the legal and institutional status of the National Social Security Fund, which together establish the new legal framework for social security at the national level. The Committee notes with regret that, as was the case of the legislation previously in force, the new legislation is based on the principle that equality of treatment is subject, contrary to Article 4(1) of the Convention, to the condition of the residence of foreign nationals in the national territory. The grant of benefits abroad is only possible if it is provided for in bilateral or multilateral social security agreements, which is contrary to the provisions of Article 5(1) of the Convention. In the Central African Republic, this provision of the Convention requires that old-age benefit and employment injury pensions be granted, without other conditions, to its own nationals and to nationals of any other Member which has accepted the obligations of the Convention with regard to these benefits. In light of the information available, the Committee concludes that the national legislation continues not to give full effect to the essential provisions of the Convention. The Committee trusts that the Government will take the necessary measures to make appropriate amendments to the legislation so as to give full effect to the Convention on the above points, which are examined in greater detail in a request addressed directly to the Government.

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The Committee notes that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Repetition

Referring to its observation, the Committee trusts that changes will be made to the legislation with a view to ensuring that full effect be given to the Convention with regard to the following points.

Article 4 of the Convention (branch (g)) (Employment injury benefit). Section 27 of Act No. 65-66 of 24 June 1965 on industrial accident compensation should be supplemented by an express provision that in the case of a victim of an employment injury who was a national of a State which has accepted the obligations of the Convention concerning employment injury benefit, his dependants (survivors), even if they were resident abroad at the time of the victim’s death and continue to reside abroad, shall receive survivor’s benefits, if it is proved that they were actually dependants at the time of his death.

Article 5 (branch (e)) (Old-age benefit). The national legislation should be amended to provide for payment of old-age benefit in case of residence abroad, both to nationals of the Central African Republic and to nationals of any other member State that has accepted the obligations of the Convention concerning branch (e).

Article 6 of the Convention. Section 1 of Act No. 65-57 of 3 June 1965 on family benefits needs to be amended so as to provide express guarantees, both for nationals of the Central African Republic and to nationals of any other Member which has accepted the obligations of the Convention for branch (i) concerning family benefits, for payment of family benefits for children residing on the territory of such other Member, under conditions and within limits to be agreed upon by the Members concerned.

Articles 7 and 8 of the Convention. According to the information provided by the Government in its last report, the Committee notes that no multilateral or bilateral social security agreements have yet been concluded by the Central African Republic with any foreign countries. The Committee recalls, however, that in its previous report the Government indicated that draft social security agreements were being discussed at expert level with the Congo, France and the Democratic Republic of the Congo. The Committee again asks the Government to indicate in its next report any progress made with a view to guaranteeing, through the conclusion of bilateral or multilateral social security agreements with other States concerned which have ratified Convention No. 118, the preservation of rights, in accordance with the provisions of Article 7 of the Convention.

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The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

The Committee notes the information supplied by the Government which were received in September 2006 and May 2007, according to which, in general terms, Convention No. 118 is barely being applied owing to budgetary problems and no national legislation is ready to be enacted in this area. The Government indicates that equality of treatment with regard to the granting of benefits is subject, contrary to Article 4, paragraph 1, of the Convention, to the condition of residence of foreign nationals on the national territory. With regard to the payment of benefits abroad provided for by Article 5, paragraph 1, of the Convention, the Government indicates that no indemnity or benefit is paid when the beneficiary resides abroad, except in the case of persons appointed to an embassy or a representation of an undertaking whose headquarters are located in the Central African Republic. The granting of family allowances is made on condition that the children reside on the national territory, which is contrary to Article 6 of the Convention. Finally, no multilateral or bilateral social security agreement has been concluded with the member States to comply with the requirements of Articles 7 and 8 of the Convention, since the Central African Republic does not participate in any system of rights preservation. However, the Government points out that it has undertaken a far-reaching reform of national social legislation, including social security legislation, which takes account in particular of the Committee’s observations concerning the application of Conventions Nos 18, 117 and 118.

The Committee notes with regret that, since the ratification of the Convention in 1964, the Government has not managed to take the necessary measures to give effect to the principal provisions of the Convention, notwithstanding the persistent observations of the ILO supervisory bodies. It trusts, however, that in the context of the reform of the social sector announced in the report, the Government will be able to make specific amendments to the national legislation in order to bring it into full conformity with the Convention, requesting technical assistance from the ILO if necessary. The Committee once again indicates in detail the amendments in question in a direct request to the Government. Finally, it would be grateful if the Government would send it a copy of the new Social Security Code, enacted by Act No. 06035 of 28 December 2006, and to indicate how this takes account, in particular, of the Committee’s observations concerning the application of the Convention.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

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Referring to its observation, the Committee trusts that changes will be made to the legislation with a view to ensuring that full effect be given to the Convention with regard to the following points.

Article 4 of the Convention (branch (g)) (Employment injury benefit). Section 27 of Act No. 65-66 of 24 June 1965 on industrial accident compensation should be supplemented by an express provision that in the case of a victim of an employment injury who was a national of a State which has accepted the obligations of the Convention concerning employment injury benefit, his dependants (survivors), even if they were resident abroad at the time of the victim’s death and continue to reside abroad, shall receive survivor’s benefits, if it is proved that they were actually dependants at the time of his death.

Article 5 (branch (e)) (Old-age benefit). The national legislation should be amended to provide for payment of old-age benefit in case of residence abroad, both to nationals of the Central African Republic and to nationals of any other member State that has accepted the obligations of the Convention concerning branch (e).

Article 6 of the Convention. Section 1 of Act No. 65-57 of 3 June 1965 on family benefits needs to be amended so as to provide express guarantees, both for nationals of the Central African Republic and to nationals of any other Member which has accepted the obligations of the Convention for branch (i) concerning family benefits, for payment of family benefits for children residing on the territory of such other Member, under conditions and within limits to be agreed upon by the Members concerned.

Articles 7 and 8 of the Convention. According to the information provided by the Government in its last report, the Committee notes that no multilateral or bilateral social security agreements have yet been concluded by the Central African Republic with any foreign countries. The Committee recalls, however, that in its previous report the Government indicated that draft social security agreements were being discussed at expert level with the Congo, France and the Democratic Republic of the Congo. The Committee again asks the Government to indicate in its next report any progress made with a view to guaranteeing, through the conclusion of bilateral or multilateral social security agreements with other States concerned which have ratified Convention No. 118, the preservation of rights, in accordance with the provisions of Article 7 of the Convention.

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The Committee notes the information supplied by the Government which were received in September 2006 and May 2007, according to which, in general terms, Convention No. 118 is barely being applied owing to budgetary problems and no national legislation is ready to be enacted in this area. The Government indicates that equality of treatment with regard to the granting of benefits is subject, contrary to Article 4, paragraph 1, of the Convention, to the condition of residence of foreign nationals on the national territory. With regard to the payment of benefits abroad provided for by Article 5, paragraph 1, of the Convention, the Government indicates that no indemnity or benefit is paid when the beneficiary resides abroad, except in the case of persons appointed to an embassy or a representation of an undertaking whose headquarters are located in the Central African Republic. The granting of family allowances is made on condition that the children reside on the national territory, which is contrary to Article 6 of the Convention. Finally, no multilateral or bilateral social security agreement has been concluded with the member States to comply with the requirements of Articles 7 and 8 of the Convention, since the Central African Republic does not participate in any system of rights preservation. However, the Government points out that it has undertaken a far-reaching reform of national social legislation, including social security legislation, which takes account in particular of the Committee’s observations concerning the application of Conventions Nos 18, 117 and 118.

The Committee notes with regret that, since the ratification of the Convention in 1964, the Government has not managed to take the necessary measures to give effect to the principal provisions of the Convention, notwithstanding the persistent observations of the ILO supervisory bodies. It trusts, however, that in the context of the reform of the social sector announced in the report, the Government will be able to make specific amendments to the national legislation in order to bring it into full conformity with the Convention, requesting technical assistance from the ILO if necessary. The Committee once again indicates in detail the amendments in question in a direct request to the Government. Finally, it would be grateful if the Government would send it a copy of the new Social Security Code, enacted by Act No. 06035 of 28 December 2006, and to indicate how this takes account, in particular, of the Committee’s observations concerning the application of the Convention.

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The Committee once again notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Articles 7 and 8 of the Convention. According to the information provided by the Government in its last report, the Committee notes that no multilateral or bilateral social security agreements have yet been concluded by the Central African Republic with any foreign countries. The Committee recalls, however, that in its previous report the Government indicated that draft social security agreements were being discussed at expert level with the Congo, France and the Democratic Republic of the Congo. The Committee asks again the Government to indicate in its next report any progress made with a view to guaranteeing, through the conclusion of bilateral or multilateral social security agreements with other States concerned which have ratified Convention No. 118, the preservation of rights, in accordance with the provisions of Article 7 of the Convention.

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The Committee notes that the Government’s report once again contains no reply to previous comments. It is therefore bound to repeat its previous observation, which read as follows:

The Committee recalls that it has been commenting since 1968 on the issue of restrictions on payment abroad of employment injury benefit and old-age benefit, and that the matter has also been discussed on several occasions at the Conference Committee, most recently in June 1993. On that occasion, the Government stated that it had prepared the necessary draft to amend the legislation and that it wished to receive ILO technical assistance in this respect. In its report of 1997, the Government again referred to the draft texts under preparation. However, no mention of this text is made in the Government’s latest report received in August 2001, which indicates only that the Committee’s comments have been transmitted to the General Directorate of the Central African Social Security Office (OCSS). The Committee regrets to note that no new measure affecting the application of the Convention has been taken by the Government. In these circumstances, the Committee once again expresses the hope that the changes to the legislation mentioned by the Government since 1993 will be finalized and adopted in the very near future, by laws, regulations or other means, without the need for further reminders to be given to the Government. The Committee trusts that changes will be effected in legislation with a view to ensuring that full effect be given to the Convention with regard to the following points.

Article 4 of the Convention (branch (g)) (Employment injury benefit). Section 27 of Act No. 65-66 of 24 June 1965 on industrial accident compensation should be supplemented by an express provision that in the case of a victim of an employment injury who was a national of a State which has accepted the obligations of the Convention concerning employment injury benefit, his dependants (survivors), even if they were resident abroad at the time of the victim’s death and continue to reside abroad, shall receive survivor’s benefits, if it is proved that they were actually dependants at the time of his death.

Article 5 (branch (e)) (Old-age benefit). The national legislation should be amended to provide for payment of old-age benefit in case of residence abroad, both to nationals of the Central African Republic and to nationals of any other member State that has accepted the obligations of the Convention concerning branch (e).

Article 6 of the Convention. Section 1 of Act No. 65-57 of 3 June 1965 on family benefits needs to be amended so as to provide express guarantees, both for nationals of the Central African Republic and to nationals of any other Member which has accepted the obligations of the Convention for branch (i) concerning family benefits, for payment of family benefits for children residing on the territory of such other Member, under conditions and within limits to be agreed upon by the Members concerned. (To date, the countries which have accepted the obligations for branch (i) are: Bolivia, Cape Verde, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Norway, Tunisia and Uruguay).

The Committee draws once again the Government’s attention to the availability of technical assistance of the Office.

The Committee is raising certain other points in a request addressed directly to the Government.

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to previous comments. It hopes that the next report will include full information on the matters raised in its previous direct request, which read as follows:

Articles 7 and 8 of the Convention. According to the information provided by the Government in its last report, the Committee notes that no multilateral or bilateral social security agreements have yet been concluded by the Central African Republic with any foreign countries. The Committee recalls, however, that in its previous report the Government indicated that draft social security agreements were being discussed at expert level with the Congo, France and the Democratic Republic of the Congo. The Committee would be grateful if the Government would indicate in its next report any progress made with a view to guaranteeing, through the conclusion of bilateral or multilateral social security agreements with other States concerned which have ratified Convention No. 118, the preservation of rights, in accordance with the provisions of Article 7 of the Convention.

CMNT_TITLE

The Committee notes that the Government’s report contains no reply to previous comments. It must therefore repeat its previous observation, which read as follows:

The Committee recalls that it has been commenting since 1968 on the issue of restrictions on payment abroad of employment injury benefit and old-age benefit, and that the matter has also been discussed on several occasions at the Conference Committee, the last one being in June 1993. On that occasion, the Government stated that it had prepared the necessary draft to amend the legislation and that it wished to receive ILO technical assistance in this respect. In its report of 1997, the Government again referred to the draft texts under preparation. However, no mention of this text is made in the Government’s latest report received in August 2001, which indicates only that the Committee’s comments have been transmitted to the General Directorate of the Central African Social Security Office (OCSS). The Committee regrets to note that no new measure affecting the application of the Convention has been taken by the Government. In these circumstances, the Committee again expresses the hope that the changes to the legislation mentioned by the Government since 1993 will be finalized and adopted in the very near future, by laws, regulations or other means, without the need for further reminders to be given to the Government. The Committee trusts that changes will be effected in legislation with a view to ensuring that full effect be given to the Convention with regard to the following points.

Article 4 (branch (g)) (Employment injury benefit). Section 27 of Act No. 65-66 of 24 June 1965 on industrial accident compensation should be supplemented by an express provision that in the case of a victim of an occupational injury who was a national of a State which has accepted the obligations of the Convention concerning employment injury benefit, his dependants (survivors), even if they were resident abroad at the time of the victim’s death and continue to reside abroad, shall receive survivor’s benefits, if it is proved that they were actually dependants at the time of his death.

Article 5 (branch (e)) (Old-age benefit). The national legislation should be amended to provide for payment of old-age benefit in case of residence abroad, both to nationals of the Central African Republic and to nationals of any other member State that has accepted the obligations of the Convention concerning branch (e).

Article 6 of the Convention. Section 1 of Act No. 65-57 of 3 June 1965 on family benefits needs to be amended so as to provide express guarantees, both for nationals of the Central African Republic and to nationals of any other Member which has accepted the obligations of the Convention for branch (i) concerning family benefits, for payment of family benefits for children residing on the territory of such other Member, under conditions and within limits to be agreed upon by the Members concerned. (To date, the countries which have accepted the obligations for branch (i) are: Bolivia, Cape Verde, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Norway, Netherlands, Tunisia, Uruguay and Viet Nam).

The Committee draws the Government’s attention to the availability of technical assistance of the Office.

CMNT_TITLE

Articles 7 and 8 of the Convention. According to the information provided by the Government in its last report, the Committee notes that no multilateral or bilateral social security agreements have yet been concluded by the Central African Republic with any foreign countries. The Committee recalls, however, that in its previous report the Government indicated that draft social security agreements were being discussed at expert level with the Congo, France and the Democratic Republic of the Congo. The Committee would be grateful if the Government would indicate in its next report any progress made with a view to guaranteeing, through the conclusion of bilateral or multilateral social security agreements with other States concerned which have ratified Convention No. 118, the preservation of rights, in accordance with the provisions of Article 7 of the Convention.

[The Government is asked to report in detail in 2002.]

CMNT_TITLE

The Committee recalls that it has been commenting since 1968 on the issue of restrictions on payment abroad of employment injury benefit and old-age benefit, and that the matter has also been discussed on several occasions at the Conference Committee, the last one being in June 1993. On that occasion, the Government stated that it had prepared the necessary draft to amend the legislation and that it wished to receive ILO technical assistance in this respect. In its report of 1997, the Government again referred to the draft texts under preparation. However, no mention of this text is made in the Government’s latest report received in August 2001, which indicates only that the Committee’s comments have been transmitted to the General Directorate of the Central African Social Security Office (OCSS). The Committee regrets to note that no new measure affecting the application of the Convention has been taken by the Government. In these circumstances, the Committee again expresses the hope that the changes to the legislation mentioned by the Government since 1993 will be finalized and adopted in the very near future, by laws, regulations or other means, without the need for further reminders to be given to the Government. The Committee trusts that changes will be effected in legislation with a view to ensuring that full effect be given to the Convention with regard to the following points.

Article 4 (branch (g)) (Employment injury benefit). Section 27 of Act No. 65-66 of 24 June 1965 on industrial accident compensation should be supplemented by an express provision that in the case of a victim of an occupational injury who was a national of a State which has accepted the obligations of the Convention concerning employment injury benefit, his dependants (survivors), even if they were resident abroad at the time of the victim’s death and continue to reside abroad, shall receive survivor’s benefits, if it is proved that they were actually dependants at the time of his death.

Article 5 (branch (e)) (Old-age benefit). The national legislation should be amended to provide for payment of old-age benefit in case of residence abroad, both to nationals of the Central African Republic and to nationals of any other member State that has accepted the obligations of the Convention concerning branch (e).

Article 6 of the Convention. Section 1 of Act No. 65-57 of 3 June 1965 on family benefits needs to be amended so as to provide express guarantees, both for nationals of the Central African Republic and to nationals of any other Member which has accepted the obligations of the Convention for branch (i) concerning family benefits, for payment of family benefits for children residing on the territory of such other Member, under conditions and within limits to be agreed upon by the Members concerned. (To date, the countries which have accepted the obligations for branch (i) are: Bolivia, Cape Verde, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Norway, Netherlands, Tunisia, Uruguay and Viet Nam).

The Committee draws the Government’s attention to the availability of technical assistance of the Office.

[The Government is asked to report in detail in 2002.]

CMNT_TITLE

With reference to its observation, the Committee notes with regret that the Government’s report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which reads as follows:

Article 6 of the Convention.  In its previous comments, the Committee drew the Government’s attention to the need to amend section 1 of Act No. 65-57 of 3 June 1965 on family benefits so as to provide express guarantees, both for nationals of the Central African Republic and for those of any other Member which has accepted the obligations of the Convention for branch (i) concerning family benefits, for payment of family benefits for children residing on the territory of such other Member, under conditions and within limits to be agreed upon by the Members concerned. (To date the countries which have accepted the obligations for branch (i) are: Bolivia, Cape Verde, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Norway, Netherlands, Tunisia, Uruguay and Viet Nam.) In a previous report, the Government indicated that the amendments necessary to bring the legislation into line with the provisions of the Convention should be adopted as soon as possible. Given that the Government’s last report does not contain any information in this regard, the Committee again expresses the hope that these amendments will be adopted in the very near future so as to bring  the national legislation into line with Article 6 on this point.

Articles 7 and 8.  According to the information provided by the Government in its last report, the Committee notes that no multilateral or bilateral social security agreements have been concluded by the Central African Republic with any foreign countries. However, draft social security agreements are being discussed at expert level with Congo, France and the Democratic Republic of the Congo. The Committee would be grateful if the Government would indicate in its next report any progress made with a view to guaranteeing, through the conclusion of bilateral or multilateral social security agreements with other States concerned which have ratified Convention No. 118, the preservation of rights, in accordance with the provisions of Article 7 of the Convention.

CMNT_TITLE

The Committee notes with regret that the Government’s report has not been received. It notes however, from the report supplied by the Government for the period ending 31 May 1998, that no new measure affecting the application of the Convention has been taken and that the Government wishes the Committee to refer to its previous report of 1997. In this situation, the Committee is bound to repeat its previous observation hoping that the Government’s next report will contain full information on the following points:

Article 4 (branch (g)) (employment injury benefit).  Section 27 of Act No. 65-66 of 24 June 1965 on industrial accident compensation should be supplemented by an express provision that in the case of a victim of an occupational injury who was a national of a State which has accepted the obligations of the Convention concerning employment injury, his dependants (survivors), even if they were resident abroad at the time of the victim’s death and continue to reside abroad, shall receive survivors’ benefits, if it is proved that they were actually dependent at the time of his death.

Article 5 (branch (e)) (old-age benefit).  The national legislation should be amended to provide for payment of old-age benefit in case of residence abroad, both to nationals of the Central African Republic and to nationals of any other member State that has accepted the obligations of the Convention concerning branch (e).

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

CMNT_TITLE

With reference to its observation, the Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 6 of the Convention. In its previous comments, the Committee drew the Government's attention to the need to amend section 1 of Act No. 65-57 of 3 June 1965 on family benefits so as to provide express guarantees, both for nationals of the Central African Republic and for those of any other Member which has accepted the obligations of the Convention for branch (i) concerning family benefits, for payment of family benefits for children residing on the territory of such other Member, under conditions and within limits to be agreed upon by the Members concerned. (To date the countries which have accepted the obligations for branch (i) are: Bolivia, Cape Verde, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Norway, Netherlands, Tunisia, Uruguay and Viet Nam.) In a previous report, the Government indicated that the amendments necessary to bring the legislation into line with the provisions of the Convention should be adopted as soon as possible. Given that the Government's last report does not contain any information in this regard, the Committee again expresses the hope that these amendments will be adopted in the very near future so as to bring the national legislation into line with Article 6 on this point.

Articles 7 and 8. According to the information provided by the Government in its last report, the Committee notes that no multilateral or bilateral social security agreements have been concluded by the Central African Republic with any foreign countries. However, draft social security agreements are being discussed at expert level with Congo, France and the Democratic Republic of the Congo. The Committee would be grateful if the Government would indicate in its next report any progress made with a view to guaranteeing, through the conclusion of bilateral or multilateral social security agreements with other States concerned which have ratified Convention No. 118, the preservation of rights, in accordance with the provisions of Article 7 of the Convention.

CMNT_TITLE

The Committee notes with regret that the Government's report has not been received. It notes however, from the report supplied by the Government for the period ending 31 May 1998, that no new measure affecting the application of the Convention has been taken and that the Government wishes the Committee to refer to its previous report of 1997. In this situation, the Committee is bound to repeat its previous observation hoping that the Government's next report will contain full information on the following points:

Article 4 (branch (g)) (employment injury benefit).Section 27 of Act No. 65-66 of 24 June 1965 on industrial accident compensation should be supplemented by an express provision that in the case of a victim of an occupational injury who was a national of a State which has accepted the obligations of the Convention concerning employment injury, his dependants (survivors), even if they were resident abroad at the time of the victim's death and continue to reside abroad, shall receive survivors' benefits, if it is proved that they were actually dependent at the time of his death. Article 5 (branch (e)) (old-age benefit).The national legislation should be amended to provide for payment of old-age benefit in case of residence abroad, both to nationals of the Central African Republic and to nationals of any other member State that has accepted the obligations of the Convention concerning branch (e).

CMNT_TITLE

Article 6 of the Convention. In its previous comments, the Committee drew the Government's attention to the need to amend section 1 of Act No. 65-57 of 3 June 1965 on family benefits so as to provide express guarantees, both for nationals of the Central African Republic and for those of any other Member which has accepted the obligations of the Convention for branch (i) concerning family benefits, for payment of family benefits for children residing on the territory of such other Member, under conditions and within limits to be agreed upon by the Members concerned. (To date the countries which have accepted the obligations for branch (i) are: Bolivia, Cape Verde, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Norway, Netherlands, Tunisia, Uruguay and Viet Nam.) In a previous report, the Government indicated that the amendments necessary to bring the legislation into line with the provisions of the Convention should be adopted as soon as possible. Given that the Government's last report does not contain any information in this regard, the Committee again expresses the hope that these amendments will be adopted in the very near future so as to bring the national legislation into line with Article 6 on this point.

Articles 7 and 8. According to the information provided by the Government in its last report, the Committee notes that no multilateral or bilateral social security agreements have been concluded by the Central African Republic with any foreign countries. However, draft social security agreements are being discussed at expert level with Congo, France and the Democratic Republic of the Congo. The Committee would be grateful if the Government would indicate in its next report any progress made with a view to guaranteeing, through the conclusion of bilateral or multilateral social security agreements with other States concerned which have ratified Convention No. 118, the preservation of rights, in accordance with the provisions of Article 7 of the Convention.

[The Government is asked to report in detail in 1999]

CMNT_TITLE

In response to the Committee's previous comments concerning Article 4 (branch (g)) and Article 5 (branch (e)) of the Convention, the Government again indicates that draft texts are being drawn up with a view to making the necessary amendments to bring the national legislation into line with the provisions of the Convention. Given that the Government has referred to the drafts in question since 1993, the Committee is once again obliged to urge the Government to adopt these amendments in the very near future with, if necessary, the technical assistance of the ILO, so as to give full effect to the Convention in relation to the following points.

Article 4 (branch (g)) (employment injury benefit). Section 27 of Act No. 65-66 of 24 June 1965 on industrial accident compensation should be supplemented by an express provision that in the case of a victim of an occupational injury who was a national of a State which has accepted the obligations of the Convention concerning employment injury, his dependants (survivors), even if they were resident abroad at the time of the victim's death and continue to reside abroad, shall receive survivors' benefits, if it is proved that they were actually dependent at the time of his death.

Article 5 (branch (e)) (old-age benefit). The national legislation should be amended to provide for payment of old-age benefit in case of residence abroad, both to nationals of the Central African Republic and to nationals of any other member State that has accepted the obligations of the Convention concerning branch (e).

[The Government is asked to report in detail in 1999.]

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 6 of the Convention. In its previous comments, the Committee had drawn the Government's attention to the need to amend section 1 of the Family Benefits Act, No. 65-57 of 3 June 1965 so as to guarantee expressly both to nationals of the Central African Republic and to nationals of any other member State which has accepted the obligations of the Convention for branch (i) concerning family benefit, and with which there are migratory flows of the type envisaged in Article 6 of the Convention, the provision of family allowances in respect of children who reside in the territory of any such Member, under conditions and within limits to be agreed upon, by the Members concerned. (To date, the following countries have accepted branch (i): Bolivia, Cape Verde, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Netherlands, Norway, Tunisia, Uruguay, and Viet Nam). The Committee notes the Government's statement in its report that the amendments needed to bring the legislation into conformity with the provisions of the Convention are expected to be adopted soon. The Committee again expresses the hope that the amendments will be adopted in the very near future to bring the national legislation into conformity with Article 6 on this point.

Articles 7 and 8. The Committee hopes that the Government will continue to supply information on the progress made towards the adoption and ratification of multilateral social security agreements at the regional level and towards the conclusion of bilateral social security agreements with other interested States that have ratified Convention No. 118, with a view to the maintenance of the rights as provided by Article 7 of the Convention.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Further to its previous comments which it has been making for many years, the Committee notes from the Government's statement that the necessary amendments to bring the national legislation into conformity with the Convention are expected to be adopted soon. In these circumstances, the Committee cannot but express its hope once again that the amendments will be adopted in the very near future to give full effect to the Convention in the following respects: Article 4 (branch (g)) (employment injury benefit) of the Convention. Section 27 of Act No. 65-66 of 24 June 1965 on industrial accident compensation should be supplemented by an express provision that in the case of a victim of an occupational injury who was a national of the State that has accepted the obligations of the Convention concerning employment injury, his dependants (survivors), even if they were resident abroad at the time of the victim's death and continue to reside abroad, shall receive survivors' benefits, if it is proved that they were actually dependent at the time of his death. Article 5 (branch (e)) (old-age benefit). The national legislation should be amended to provide for payment of old-age benefit in case of residence abroad, both to nationals of the Central African Republic and to nationals of any other member State that has accepted the obligations of the Convention concerning branch (e).

The Committee hopes that the Government will make every effort to take the necessary action in the very near future. It draws the Government's attention to the availability of technical assistance of the Office.

CMNT_TITLE

Article 6 of the Convention. The Committee notes that the Government's report contains no information in reply to its previous comments. It therefore once again expresses the hope that the next report will contain information on the measures taken to amend, in accordance with the assurances already given, section 1 of the Family Benefits Act, No. 65-67 of 3 June 1965 so as to guarantee expressly both to nationals of the Central African Republic and to nationals of any other Member which has accepted the obligations of the Convention for branch (i) (Family benefit) and with which there are migratory flows of the type envisaged in this Article of the Convention, the provision of family allowances in respect of children who reside on the territory of any such Member (under conditions and within limits to be agreed upon, where appropriate, by the Members concerned). (Up to the present date the following countries have accepted branch (i) (Family benefit): Bolivia, Cape Verde, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Norway, Netherlands, Tunisia, Uruguay, Viet Nam.)

Articles 7 and 8. The Committee hopes that the Government will continue to supply information on the progress made towards the adoption and ratification of multilateral social security agreements at the regional level and towards the conclusion of bilateral social security agreements with other interested States that have ratified Convention No. 118, with a view to the maintenance of the rights as provided by Article 7 of the Convention.

CMNT_TITLE

Article 6 of the Convention. In its previous comments, the Committee had drawn the Government's attention to the need to amend section 1 of the Family Benefits Act, No. 65-67 of 3 June 1965 so as to guarantee expressly both to nationals of the Central African Republic and to nationals of any other member State which has accepted the obligations of the Convention for branch (i) concerning family benefit, and with which there are migratory flows of the type envisaged in Article 6 of the Convention, the provision of family allowances in respect of children who reside in the territory of any such Member, under conditions and within limits to be agreed upon, by the Members concerned. (To date, the following countries have accepted branch (i): Bolivia, Cape Verde, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Norway, Netherlands, Tunisia, Uruguay, and Viet Nam). The Committee notes the Government's statement in its report that the amendments needed to bring the legislation into conformity with the provisions of the Convention are expected to be adopted soon. The Committee again expresses the hope that the amendments will be adopted in the very near future to bring the national legislation into conformity with Article 6 on this point.

Articles 7 and 8. The Committee hopes that the Government will continue to supply information on the progress made towards the adoption and ratification of multilateral social security agreements at the regional level and towards the conclusion of bilateral social security agreements with other interested States that have ratified Convention No. 118, with a view to the maintenance of the rights as provided by Article 7 of the Convention.

CMNT_TITLE

Further to its previous comments which it has been making for many years, the Committee notes from the Government's statement that the necessary amendments to bring the national legislation into conformity with the Convention are expected to be adopted soon. In these circumstances, the Committee cannot but express its hope once again that the amendments will be adopted in the very near future to give full effect to the Convention in the following respects:

Article 4 (branch (g)) (employment injury benefit) of the Convention. Section 27 of Act No. 65-66 of 24 June 1965 on industrial accident compensation should be supplemented by an express provision that in the case of a victim of an occupational injury who was a national of the State that has accepted the obligations of the Convention concerning employment injury, his dependants (survivors), even if they were resident abroad at the time of the victim's death and continue to reside abroad, shall receive survivors' benefits, if it is proved that they were actually dependent at the time of his death.

Article 5 (branch (e)) (old-age benefit). The national legislation should be amended to provide for payment of old-age benefit in case of residence abroad, both to nationals of the Central African Republic and to nationals of any other member State that has accepted the obligations of the Convention concerning branch (e).

CMNT_TITLE

The Committee notes with regret that the Government's report contains no new information on the issues it has been raising for many years and which have been discussed on several occasions in the Conference Committee, the last one being in June 1993. The Committee recalls that on that occasion the Government stated, amongst other things, that it had actively prepared the necessary drafts to amend the legislation, despite the social unrest affecting the functioning of the administration. In these circumstances, the Committee again expresses the hope that the changes in the legislation mentioned by the Government will be adopted shortly, by legislative, regulatory or other means and that they will ensure that full effect is given to the Convention as regards the following points:

Article 4 of the Convention, branch (g) (Employment injury benefit). Section 27 of Act No. 65-66 of 24 June 1965 on industrial accident compensation should be supplemented by an express provision that in the case of a victim of an occupational injury who was a national of a State that has accepted the obligations of the Convention for branch (g) (Employment injury benefit), his or her dependents (survivors), even though they were not resident in the Central African Republic at the time of the victim's death and continue not to be so resident, may claim survivors' benefit if it is proved that they were actually dependent on the victim at the time of his death.

Article 5, branch (e) (Old-age benefit). The national law should be supplemented by a provision for the payment of old-age benefit in case of residence abroad both to nationals of the Central African Republic and to nationals of any other member State that has accepted the obligations of the Convention for branch (e) (Old-age benefit). In this connection, the Committee recalls that section 24 of Ordinance No. 81/024, of 16 April 1981, establishing an old-age, invalidity and survivors' pensions scheme for wage-earners, and section 35 of Decree No. 423/340 of 10 August 1983, provide that benefits shall be suspended when the beneficiary does not reside in the national territory, except where there is reciprocity or an international agreement. It asks the Government to indicate whether Convention No. 118 is regarded as an "international agreement" within the meaning of above-mentioned sections 24 and 35. If so, the Government is asked to indicate the measures taken or envisaged by the Social Security Office of the Central African Republic to ensure that, in practice, old-age benefit is paid in the event of residence abroad to both nationals of the Central African Republic and nationals of countries that have accepted the obligations of the Convention for branch (e) (to date: Barbados, Brazil, Cape Verde, Egypt, Guinea, Iraq, Israel, Italy, Kenya, Libyan Arab Jamahiriya, Mauritania, Mexico, Netherlands, Rwanda, Syrian Arab Republic, Tunisia, Turkey, Venezuela and Zaire).

The Committee hopes that the Government will not fail to send a report for examination at its next session and that it will contain detailed information on the progress made in this respect.

CMNT_TITLE

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

Article 6 of the Convention. The Committee hopes that the Government's next report will contain information on the measures taken to amend, in accordance with the assurances already given, section 1 of the Family Benefits Act No. 65-57 of 3 June 1965 so as to guarantee expressly both to nationals of the Central African Republic and to the nationals of any other Member which has accepted the obligations of the Convention for branch (i) (family benefit), and with which there are migratory flows of the type envisaged in this Article of the Convention, the provision of family allowances in respect of children who reside on the territory of any such Member (under conditions and within limits to be agreed upon, where appropriate, by the Members concerned). (Up to the present date the following countries have accepted branch (i) (family benefit): Bolivia, Cape Verde, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Netherlands, Norway, Tunisia, Uruguay, Viet Nam.)

Articles 7 and 8. The Committee hopes that the Government will continue to supply information on the progress made towards the adoption and ratification of multilateral social security Conventions at the regional level and towards the conclusion of bilateral social security agreements with other interested States that have ratified Convention No. 118, with a view to the maintenance of the rights as provided by Article 7 of the Convention.

CMNT_TITLE

In its previous comments the Committee drew the Government's attention to the need to take appropriate measures to give full effect to Article 4 of the Convention, branch (g) (employment injury benefit), and Article 5, branch (e) (old-age benefit) so as to lift certain restrictions on payment of these benefits abroad. The Committee notes that the Government's report on the application of the Convention has not been received. It however takes note of the discussions at the Conference Committee in 1993, during which the Government stated in particular that, although social turbulence is affecting the running of the administration, it has none the less actively prepared the draft texts needed to make the necessary changes to the legislation. The Government also stated that it wished to receive ILO technical assistance in drafting the necessary amendments.

The Committee notes this information. It recalls that it has been commenting since 1968 on the issue of restrictions on payment abroad of employment injury benefit and old-age benefit, and that the matter has also been discussed on several occasions at the Conference Committee. In these circumstances, the Committee again expresses the hope that the changes to the legislation mentioned by the Government will be adopted in the near future, by laws, regulations or other means, and that they will ensure that full effect is given to the Convention as regards the following points:

Article 4 of the Convention, branch (g) (employment injury benefit). Section 27 of Act No. 65-66 of 24 June 1965 on industrial accident compensation should be supplemented by an express provision that in case of a victim of an occupational injury who was a national of a State that has accepted the obligations of the Convention for branch (g) (employment injury benefit) his or her dependants (survivors), even though they were not resident in the Central African Republic at the time of the victim's death and continue not to be so resident, may claim survivors' benefit if it is proved that they were actually dependent on the victim at the time of his death.

Article 5, branch (e) (old-age benefit). The national law should be supplemented by a provision for the payment of old-age benefit in case of residence abroad both to nationals of the Central African Republic and to nationals of any other member State that has accepted the obligations of the Convention for branch (e) (old-age benefit). In this connection, the Committee recalls that section 24 of Ordinance No. 81/024 establishing an old-age, invalidity and survivors' pension scheme for wage-earners, of 16 April 1981, and section 35 of Decree No. 423/340 of 10 August 1983, provide that benefits shall be suspended when the beneficiary does not reside in the national territory, except where there is reciprocity or an international agreement. It asks the Government to indicate whether Convention No. 118 is regarded as an "international agreement" within the meaning of above-mentioned sections 24 and 35. If so, the Government is asked to indicate the measures taken or envisaged by the Social Security Office of the Central African Republic to ensure that, in practice, old-age benefit is paid in the event of residence abroad both to nationals of the Central African Republic and to nationals of countries that have accepted the obligations of the Convention for branch (e) (to date: Barbados, Brazil, Cape Verde, Egypt, Guinea, Iraq, Israel, Italy, Kenya, Libyan Arab Jamahiriya, Mauritania, Mexico, Netherlands, Rwanda, Syrian Arab Republic, Tunisia, Turkey, Venezuela and Zaire).

The Committee hopes that the Government will not fail to send a report for examination at its next session and that it will contain detailed information on progress made in this respect.

CMNT_TITLE

Article 6 of the Convention. The Committee hopes that the Government's next report will contain information on the measures taken to amend, in accordance with the assurances already given, section 1 of the Family Benefits Act No. 65-57 of 3 June 1965 so as to guarantee expressly both to nationals of the Central African Republic and to the nationals of any other Member which has accepted the obligations of the Convention for branch (i) (family benefit), and with which there are migratory flows of the type envisaged in this Article of the Convention, the provision of family allowances in respect of children who reside on the territory of any such Member (under conditions and within limits to be agreed upon, where appropriate, by the Members concerned). (Up to the present date the following countries have accepted branch (i) (family benefit): Bolivia, Cape Verde, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Netherlands, Norway, Tunisia, Uruguay, Viet Nam.)

Articles 7 and 8. The Committee hopes that the Government will continue to supply information on the progress made towards the adoption and ratification of multilateral social security Conventions at the regional level and towards the conclusion of bilateral social security agreements with other interested States that have ratified Convention No. 118, with a view to the maintenance of the rights as provided by Article 7 of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1993.]

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With reference to its previous comments, the Committee notes the discussions that took place at the Conference Committee in June 1992. The Committee also notes a number of legal texts provided by the Government in response to its request, and particularly Ordinance No. 81/024 establishing a workers' old-age, invalidity and survivors' pension scheme, and its implementing Decree, No. 83/340.

In the information supplied to the Conference Committee in 1992, the Government once again states that the difficulties in applying the Convention stem from the fact that there are problems of application in respect of certain countries which have ratified the Convention where the law is applied only within the territory; it refers, in particular, to the problem of the entitlement of pension rights in relation to certain States when the nationals of the Central African Republic who have worked there return home. That is why the Government, knowing that the Convention contains an obligation of reciprocity, still seeks to conclude agreements with these countries to regularize the situation.

It emerges from its statements that the Government is well aware of the fact that equal treatment in respect of social security and more particularly the payment of long-term benefits in the event of residence abroad must be guaranteed automatically regardless of the country of residence, even in the absence of bilateral or multilateral reciprocity agreements. In this connection, the Committee notes with interest the Government's statement that the constitutional procedure for the adoption of the draft text prepared by the Labour Department to bring national law and practice into conformity with the Convention - to which the Government referred in its previous report - has been initiated and is in progress: Ordinance No. 81/024 of 16 April 1981 referred to above and its implementing Decree, No. 83/340, are shortly going to be amended, as is the Act establishing the Central African Social Security Office, to ensure that the spirit of the Convention is observed.

In these circumstances, the Committee again expresses the hope that the legislative measures announced by the Government will be adopted shortly and that they will give full effect to the Convention on the following points.

Article 4 of the Convention (branch (g): Employment injury benefit). Section 27 of Act No. 65-66 of 24 June 1965 on industrial accident compensation should be supplemented by an express provision that dependants (survivors) of the victim of an occupational injury who was a national of the State bound by the Convention, who were not resident in the Central African Republic at the time of the victim's death and who continue not to be resident therein, may claim survivors' benefit if it is proved that they were actually dependent on the victim at the time of his death.

Article 5 (branch (e): Old-age benefit). The national law should be supplemented by a provision for the payment of old-age benefit in case of residence abroad both to nationals of the Central African Republic and to nationals of any other member State that has accepted the obligations of the Convention for branch (e) (Old-age benefit) (i.e. up to the present date: Barbados, Brazil, Cape Verde, Guinea, Iraq, Israel, Italy, Kenya, Libyan Arab Jamahiriya, Mauritania, Mexico, Netherlands, Rwanda, Syrian Arab Republic, Tunisia, Turkey, Venezuela and Zaire).

The Committee hopes that the Government will not fail to submit a report for examination by the Committee at its next meeting and that it will contain detailed information on progress achieved in this respect. Furthermore, it recalls the suggestion made by the Conference Committee that the Government may wish to seek ILO technical assistance in this area.

[The Government is asked to report in detail for the period ending 30 June 1993.]

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With reference to its observation, the Committee wishes to draw the Government's attention to the following points:

Article 6 of the Convention. The Committee hopes that the Government's next report will contain information on the measures taken to amend, in accordance with the assurances given, section 1 of the Family Benefits Act No. 65-57 of 3 June 1965 so as expressly to guarantee both to nationals of the Central African Republic and to the nationals of any other Member which has accepted the obligations of the Convention for branch (i) (Family benefit), and with which there are migratory flows of the type envisaged in this provision of the Convention, family allowances in respect of children who reside on the territory of any such Member (under conditions and within limits to be agreed upon, where appropriate, by the Members concerned). (Up to the present date the following countries have accepted branch (i) (Family benefit): Bolivia, Cape Verde, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Netherlands, Norway, Tunisia, Uruguay, Viet Nam.)

Articles 7 and 8. The Committee hopes that the Government will continue to supply information on the progress made towards the adoption and ratification of multilateral social security conventions at the regional level and towards the conclusion of bilateral social security agreements with other interested States that have ratified Convention No. 118, with a view to the maintenance of the rights as provided by Article 7 of the Convention.

[The Government is asked to report in detail for the period ending 30 June 1993.]

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1. With reference to its previous comments, the Committee has taken note of the information supplied by the Government in its report received in May 1991 and of the discussions held in the Conference Committee in June 1991. It notes, however, that no progress has been made with regard to the questions it has been raising since 1968.

In the information supplied to the Conference Committee, the Government emphasised that the difficulties of applying the Convention were linked to the fact that the laws of all the countries of the region were limited in their application to the territories concerned and made the payment of all social benefits conditional upon residence. In the Government's opinion, it was necessary to conclude reciprocity agreements in order to resolve the difficulties arising in connection with the payment of benefits abroad, so as to ensure the effective application of Convention No. 118. The Government referred in that context to the negotiations under way with a view to the conclusion of social security agreements both bilaterally (in particular with the Congo and Zaire) and multilaterally (draft social security convention at the level of the Central African Customs and Economic Union, and possible ratification of the Air Afrique Convention).

The Committee wishes to point out to the Government once again that under the Convention equality of treatment in social security and in particular the payment of long-term benefits in case of residence abroad must be ensured automatically whatever the country of residence, even in the absence of bilateral or multilateral agreements. As to the difficulties mentioned by the Government as likely to occur in making payments abroad (verification of the victim's state of health, the status of dependant, etc.), the Committee considers that these could be resolved through the administrative assistance which States should afford each other under Article 11 of the Convention. However, the Committee has noted with interest from the Government's report that draft texts have been prepared by the Labour Department to bring national law and practice into conformity with the Convention and that the constitutional procedure for the adoption of those texts is in progress. It therefore hopes that these texts will be adopted shortly so as to bring the national law into full conformity with the Convention on the following points:

Article 4 of the Convention (branch g: employment injury benefit). Section 27 of Act No. 65-66 of 24 June 1965 on industrial accident compensation should be supplemented by an express provision that dependants (survivors) of the victim of an occupational injury who was a national of a State bound by the Convention, who were not resident in the Central African Republic at the time of the victim's death and who continue not to be resident therein, may claim survivors' benefit if it is proved that they were actually dependent on the victim at the time of his death.

Article 5 (branch e: old-age benefit). The national law should be supplemented by a provision for the payment of old-age benefit in case of residence abroad both to nationals of the Central African Republic and to nationals of any other member State that has accepted the obligations of the Convention for branch (e) (old-age benefit) (i.e. up to the present date: Barbados, Brazil, Cape Verde, Guinea, Iraq, Israel, Italy, Kenya, Libyan Arab Jamahiriya, Mauritania, Mexico, Netherlands, Rwanda, Syrian Arab Republic, Tunisia, Turkey, Venezuela and Zaire).

The Committee hopes that the Government's next report will contain detailed information on the progress made in that respect. It ventures to suggest to the Government the possibility of having recourse to the expertise of the ILO through its technical cooperation activities.

2. The Committee again asks the Government to supply a copy of the text of Ordinance No. 81/024 of 16 April 1981 establishing the old-age, invalidity and survivors' pension scheme for employees, and of Decree No. 83/340 of 10 August 1982 issued under it.

[The Government is asked to report in detail for the period ending 30 June 1993.]

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The Committee notes with regret that, for the third consecutive year, the Government's report provides no new information on the points that it has been raising since 1968. It must therefore repeat its previous comments, which read as follows:

1. Article 4 of the Convention, branch (g) (employment injury benefit). The Committee has drawn the Government's attention to the fact that national legislation does not contain provisions expressly ensuring that the dependents (survivors) of the victim of employment injury, a national of the State bound by the Convention, who were not residing in the Central African Republic at the time of the victim's death and continue not to reside there, can claim survivor's pension if it is proved that they were actually dependent on the victim at the time of his death. It has taken note of the statement by the Government under Convention No. 19 that a draft ordinance has been submitted to the Council of Ministers with a view to supplementing section 27 of Act No. 65-66 of 24 June 1965 on workmen's compensation by adding a second subsection, so as to make good this lacuna. Since the Government makes no further mention of section 27 of Act No. 65-66 of 1965, the Committee can only express once again the hope that the Government will be able, in accordance with its earlier assurances given in the context of Convention No. 19, to take the necessary measures to supplement section 27 of Act No. 65-66 of 24 June 1965 on workmen's compensation, so as to ensure the application of Article 4, paragraph 1. 2. Article 5, branch (e) (old-age benefit). In reply to the Committee's comments, the Government referred to the General Social Security Convention of the African and Mauritian Common Organisation. It also stated that a draft was being discussed with Benin and Togo. The Committee is bound once more to point out to the Government that the General Social Security Convention of the AMCO does not govern the question of payment abroad of old-age benefit, and that, by virtue of Article 5, the payment of benefits in the case of residence abroad must be insured automatically whatever the country of residence, even in the absence of bilateral or multilateral agreements, both to nationals as also to nationals of a State Member that has accepted the obligations of the Convention for the old-age benefit branch (that is to say at present, Barbados, Brazil, Guinea, Iraq, Israel, Italy, Kenya, Libyan Arab Jamahiriya, Mauritania, Mexico, Netherlands, Syrian Arab Republic, Tunisia, Turkey, Venezuela and Zaire). In the circumstances, the Committee again asks the Government to indicate the measures taken or under consideration to ensure, in accordance with this provision of the Convention, the payment of old-age benefit in the event of residence abroad, both to nationals of the Central African Republic and to nationals of any other State Member that has accepted the obligation of the Convention in respect of the old-age benefit branch. The Committee also asks the Government to furnish a copy of the text of Ordinance 81/024 of 16 April 1981 to establish the old-age, invalidity and survivors' pension scheme for employees, and of Decree No. 83/340 of 10 August 1983 issued under it, which was mentioned by the Government as having been enclosed with its report but which has not been received by the ILO. 3. Article 6. The Committee noted the Government's statement that it had taken note of its comments on section 1 of Act No. 65-57 of 3 June 1965 regarding family benefit and that this section would be amended in the near future. Accordingly, it hopes that it will be possible for this provision to be amended shortly so as to guarantee expressly both to nationals of the Central African Republic and to nationals of any other Member that has accepted the obligations of the Convention in respect of branch (i) (family benefit), the benefit of family allowances for children who reside in the territory of any such Member (under conditions and within limits to be agreed upon by the Members concerned) in so far as there is any migration of the type referred to in this provision of the Convention. (So far, the following countries have accepted branch (i) (family benefit): Bolivia, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Netherlands, Tunisia, Uruguay and Vietnam.) 4. Articles 7 and 8. The Committee took note of the information provided by the Government and noted that there was a draft text of a social security convention at the level of the Customs and Economic Union of Central Africa, that was to be discussed in the near future by the Member countries. It would be grateful if, in future reports, the Government would provide information on any progress made towards the adoption of this convention and its possible ratification by the Central African Republic and the conclusion of bilateral and multilateral social security agreements with other concerned States that have ratified Convention No. 118. The Committee further noted that draft social security agreements between the Central African Republic and the Congo, France and Zaire were apparently being discussed. It asks the Government to provide information on any progress made in this respect.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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The Committee notes with regret that, for the second year running, the Government's report provides no new information on the points that it has been raising since 1968. It must therefore repeat its previous comments which read as follows:

1. Article 4 of the Convention, branch (g) (employment injury benefit). The Committee has drawn the Government's attention to the fact that national legislation does not contain provisions expressly ensuring that the dependents (survivors) of the victim of employment injury, a national of the State bound by the Convention, who were not residing in the Central African Republic at the time of the victim's death and continue not to reside there, can claim survivor's pension if it is proved that they were actually dependent on the victim at the time of his death. It has taken note of the statement by the Government under Convention No. 19 that a draft ordinance has been submitted to the Council of Ministers with a view to supplementing section 27 of Act No. 65-66 of 24 June 1965 on workmen's compensation by adding a second subsection, so as to make good this lacuna.

Since the Government makes no further mention of section 27 of Act No. 65-66 of 1965, the Committee can only express once again the hope that the Government will be able, in accordance with its earlier assurances given in the context of Convention No. 19, to take the necessary measures to supplement section 27 of Act No. 65-66 of 24 June 1965 on workmen's compensation, so as to ensure the application of Article 4, paragraph 1.

2. Article 5, branch (e) (old-age benefit). In reply to the Committee's comments, the Government referred to the General Social Security Convention of the African and Mauritian Common Organisation. It also stated that a draft was being discussed with Benin and Togo. The Committee is bound once more to point out to the Government that the General Social Security Convention of the AMCO does not govern the question of payment abroad of old-age benefit, and that, by virtue of Article 5, the payment of benefits in the case of residence abroad must be insured automatically whatever the country of residence, even in the absence of bilateral or multilateral agreements, both to nationals as also to nationals of a State Member that has accepted the obligations of the Convention for the old-age benefit branch (that is to say at present, Barbados, Brazil, Guinea, Iraq, Israel, Italy, Kenya, Libyan Arab Jamahiriya, Mauritania, Mexico, Netherlands, Syrian Arab Republic, Tunisia, Turkey, Venezuela and Zaire). In the circumstances, the Committee again asks the Government to indicate the measures taken or under consideration to ensure, in accordance with this provision of the Convention, the payment of old-age benefit in the event of residence abroad, both to nationals of the Central African Republic and to nationals of any other State Member that has accepted the obligation of the Convention in respect of the old-age benefit branch.

The Committee also asks the Government to furnish a copy of the text of Ordinance 81/024 of 16 April 1981 to establish the old-age, invalidity and survivors' pension scheme for employees, and of Decree No. 83/340 of 10 August 1983 issued under it, which was mentioned by the Government as having been enclosed with its report but which has not been received by the ILO.

3. Article 6. The Committee noted the Government's statement that it had taken note of its comments on section 1 of Act No. 65-57 of 3 June 1965 regarding family benefit and that this section would be amended in the near future. Accordingly, it hopes that it will be possible for this provision to be amended shortly so as to guarantee expressly both to nationals of the Central African Republic and to nationals of any other Member that has accepted the obligations of the Convention in respect of branch (i) (family benefit), the benefit of family allowances for children who reside in the territory of any such Member (under conditions and within limits to be agreed upon by the Members concerned) in so far as there is any migration of the type referred to in this provision of the Convention. (So far, the following countries have accepted branch (i) (family benefit): Bolivia, France, Guinea, Ireland, Israel, Italy, Libyan Arab Jamahiriya, Mauritania, Netherlands, Tunisia, Uruguay and Vietnam.)

4. Articles 7 and 8. The Committee took note of the information provided by the Government and noted that there was a draft text of a social security convention at the level of the Customs and Economic Union of Central Africa, that was to be discussed in the near future by the Member countries. It would be grateful if, in future reports, the Government would provide information on any progress made towards the adoption of this convention and its possible ratification by the Central African Republic and the conclusion of bilateral and multilateral social security agreements with other concerned States that have ratified Convention No. 118.

The Committee further noted that draft social security agreements between the Central African Republic and the Congo, France and Zaire were apparently being discussed. It asks the Government to provide information on any progress made in this respect. [The Government is asked to report in detail for the period ending 30 June 1990.]