Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Article 1(2), of the Convention. Payment of pensions abroad. The Committee notes that the Government’s report, received in August 2013, does not reply to its direct request made in 2008 and repeated in 2011 and 2012. In its earlier comments, the Committee stressed the need to amend the provisions of section 95 of Social Security Law No. 26 of 1991, which also applies to the occupational accident compensation scheme. Under this section, equal treatment for foreign workers and national workers in respect of accident compensation cannot be ensured. Paragraph 1 of section 95 provides that, as a rule, pensions may be paid to persons residing abroad only in the instances specified in regulations determining the conditions and procedures for such a transfer, while paragraph 2 allows transfer of the pension of foreign insured persons returning to their country of origin for good or their dependents only where reciprocity agreements are concluded regulating such transfers. Where there is no such agreement, foreign insured persons 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 understands from the Government’s report that this legislation has remained unchanged. It therefore once again hopes that the Government will find it possible to undertake the revision of Law No. 26 of 1991 to ensure that pensions for victims of occupational accidents who are nationals of a State which has ratified the Convention or for their dependents will be guaranteed under the same conditions as to its own nationals, irrespective of the conclusion of any reciprocity agreement. In the meantime, please specify the present conditions under which pensions are paid to victims of occupational accident or their dependents in the event of residence abroad, in accordance with paragraph 1 of section 95 of Law No. 26 above.

[The Government is asked to reply in detail to the present comments in 2014.]