Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Yemen (Ratification: 1969)

Article 1, paragraph 2, of the Convention. In its earlier comments the Committee noted that by virtue of section 95, paragraph 1, of Act No. 26 of 1991, which also applies to the occupational accident compensation scheme, pensions can only be paid to persons residing outside the country in the cases set out by regulations determining the conditions and procedures for transfer of pensions, while, in accordance with the abovementioned section 95, paragraph 2, pensions can only be transferred to foreign insured persons and their dependants who return definitively to their countries if a reciprocal agreement governing such transfer exists. In the absence of such an agreement foreign nationals who leave the country receive the difference between the amounts which have been paid to them as pension and the total contributions paid to the public insurance scheme. The Committee therefore drew the Government's attention to the need to guarantee the payment of pensions due in the event of occupational accidents to foreign persons who are nationals of a country which has ratified the Convention or to their dependants under the same conditions as to its own nationals, irrespective of the conclusion of any reciprocity agreement.

In this connection the Government indicates in its report, that a commission composed of all the social partners has been established with a view to revising Acts Nos. 25 and 26 of 1991, on insurance and pensions. The commission will examine the obligations deriving from the Convention and will take account of the Committee's comments on section 95 of Act No. 26 of 1991, cited above.

The Committee notes this information. It hopes that the Government will take all necessary steps to undertake an early revision of Act No. 26 of 1991, taking due account of its comments so as to ensure full application of Article 1, paragraph 2, of the Convention. It requests the Government to transmit a copy of all legislation adopted in this connection.