Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Tunisia (Ratification: 1965)

Articles 4 and 5 of the Convention. Old-age, invalidity and survivors’ benefits in case of residence abroad. In the comments it has been sending to the Government for many years, the Committee has recalled that section 49 of Decree No. 74-499 of 27 April 1974 respecting the old-age, invalidity and survivors’ schemes in the non-agricultural sector and section 77 of Act No. 81-6 of 12 February 1981 concerning the organization of social security schemes in the agricultural sector, provide that the granting of the above benefits to nationals of Tunisia is subject to the applicant residing in Tunisia on the date on which the application is made, although this requirement is lifted for foreign nationals of countries bound to Tunisia by a bilateral or multilateral social security treaty. Under this legislation, Tunisian nationals do not benefit from equality of treatment with foreign nationals, in accordance with Article 4(1) of the Convention, and they may be refused old-age, invalidity and survivors’ benefits contrary to Article 5(1) of the Convention, if they apply for the benefit when they are residing abroad in a country that has not concluded a bilateral treaty with Tunisia. The Committee had therefore requested the Government to bring the national legislation into full conformity with the Convention by abolishing the above residence requirement for Tunisian nationals.

In its reports received in June 2010 and May 2011, the Government points out that, wishing to bring Tunisian legislation fully into line with the Convention, the competent government services have held in-depth discussions with the ILO. A bill intended to adapt the abovementioned provisions has been put forward with a view to finalizing the reform in respect of the Convention. As an immediate measure, the Government points out that it has instructed the national social security fund to cease requiring the physical presence of the beneficiary who applies for an invalidity, old-age or survivors’ benefit or for employment injury and sickness benefits. Furthermore, social security funds have received clear instructions to neutralize the residence requirement provided for under the abovementioned texts, with respect to entitlements and the payment of benefits, both in the case of nationals of Tunisia and nationals of States bound to Tunisia by international agreements, in which the residence clause for the same branches has been lifted.

The Committee notes with interest the measures taken by the Government to bring national practice into line with Articles 4 and 5 of the Convention. The Committee requests the Government to provide information on the way in which the instructions given are applied by the social security institutions by supplying statistical information on the transfer of benefits abroad. The Committee hopes that the Government will finalize the reform of the abovementioned provisions with ILO technical assistance in order to anchor the established practice in national legislation.