Social Security (Minimum Standards) Convention, 1952 (No. 102) - Democratic Republic of the Congo (Ratification: 1987)

Direct Request (CEACR) - adopted 2023, published 112nd ILC session (2024)

Previous comments: direct request (2013); direct request (2014); direct request (2014) and observation (2014).

In order to provide an overview of issues relating to the application of ratified social security Conventions, the Committee considers it appropriate to examine Conventions Nos 12, 102, 118 and 121 together.

The Committee notes the information provided in the Government’s report that it enacted several regulations on social security, including Law No. 16/009 of 15 July 2016, laying down the rules relating to the general social security scheme, and Ministerial Order No. 146/01 of 10 November 2018, laying down the procedures for affiliation and registration of workers and employers, collection of contributions and payment of benefits, as well as other implementing regulations. The Committee also notes that the process of drafting a new Social Security Code is underway.

Article 5 of the Convention No. 118. Payment of benefits abroad. The Committee observes that according to section 154 of the Ministerial Order No. 146/01 of 2018, beneficiaries of social security benefits residing abroad receive pensions in accordance with arrangements made under reciprocal agreements or international conventions. Furthermore, it observes that beneficiaries residing in countries that have not signed a reciprocity agreement must provide an attestation of life or another similar document issued by the diplomatic representation of the Democratic Republic of the Congo, as well as a special power of attorney if the beneficiary has not yet opened a social benefit account. In this context, the Committee requests the Government to provide information on (i) how beneficiaries receive benefits abroad (for example, through international bank transfers or similar schemes), regardless of whether they reside in countries which have signed a reciprocity agreement; and (ii) who is responsible for bearing the financial costs of such operations. Furthermore, the Committee requests the Government to provide information on the number of foreign and national workers receiving social security benefits abroad, indicating, if possible, in which countries and the type of benefits paid.

Article 2 of Convention No. 19. Articles 7, 8 and 9 of Convention No. 118. Multilateral or bilateral social security agreements. The Committee takes note of the Government’s information that, after the promulgation of the new Social Security Code, it will take all necessary measures to update reciprocal agreements or bilateral social security agreements and that all these texts will be communicated in due course. The Committee takes note of this information and, in the meantime, requests the Government to provide a copy of the reciprocal agreements or bilateral social security agreements that are currently in force.

Article 10 of Convention No. 118. Coverage of refugees and stateless persons. The Committee observes that according to the last reports of the United Nations High Commissioner for Refugees, as of March 2023, the Democratic Republic of the Congo has hosted 520,951 refugees and 2,478 asylum seekers, mainly from South Sudan, Burundi, the Central African Republic, Angola and Rwanda. In this context, the Committee requests the Government to provide information as to whether refugeesand stateless persons are treated on an equal basis with Congolese nationals concerning the provision of social security benefits, and to indicate the respective legal provisions in this regard.

Articles 28 and 30 of Convention No. 102. Part V. Level and duration of old-age pension. The Committee observes that according to section 96 of Law No. 16/009 of 15 July 2016, if the insured worker has received old-age pension relating to a period longer than the period of contributions made for this purpose, only the part corresponding to the period effectively contributed shall be considered in determining the level of benefits paid monthly. In this context, the Committee requests the Government to explain how section 96 of Law No. 16/009 affects the calculation of the level of old-age pensions and to confirm that, in this case, old-age pension is guaranteed throughout the entire contingency at the minimum levels established by the Convention.

Articles 44 and 66 of Convention No. 102. Part VII. Level of family benefits. The Committee observes that, according to section 3 of the Ministerial Decree No. 137 of 2018, the monthly amount of family allowances is set at 8,100 Congolese francs for each beneficiary child. Considering the above, the Committee requests the Government to explain the calculation of the total amount of family benefits following the requirements of Articles 44 (at least 3 per cent of the said wage multiplied by all children of persons protected, or 1,5 per cent of that wage, multiplied by the total number of children of all residents) and 66 of the Convention. Furthermore, the Committee requests the Government to provide information on the total number of children of all persons protected and of all residents (subparagraphs “a” and “b” of Article 44 of the Convention), together with the updated total value of benefits.

Articles 65 and 66 of Convention No. 102. Article 21 of Convention No. 121 Adjustment of social security benefits. The Committee takes note of the information provided by the Government that social security benefits are adjusted periodically based on a Decree issued by the Prime Minister. The Committee requests the Government to provide information: (i) on the frequency of the adjustment of social security benefits and how it follows substantial changes in the general level of earnings or the cost of living; and (ii) on the latest Decree issued by the Prime Minister in this regard.

Article 8 of Convention No. 121. List of occupational diseases. The Committee takes note of the Government’s indication that the Decree establishing the list of occupational diseases was adopted at the 33rd session of the National Labour Council, at the Council of Ministers and at the Government Law Commission, and that the text will be communicated in due course. The Committee takes due note of this information and requests the Government to provide a copy of the list of occupational diseases as soon as possible.

Article 72(2) of Convention No. 102and Article 25 of Convention No. 121. General responsibility for due provision of benefits. The Committee takes note that, according to section 8 of Law No. 16/009 of 2016, the management of the social security system will be carried out by a Public Institution, namely the National Social Security Fund (Caisse Nationale de Sécurité Sociale or CNSS), and that, according to sections 23 and 24, employers can be penalized, and measures of recovery and enforcement can be adopted if they fail to meet their obligations with the social security system. The Committee also takes note that section 26 determines a financial reserve for each branch of social security administrated by the National Social Security Fund. In this context, the Committee requests the Government to confirm that the National Social Security Fund (CNSS) guarantees the due provision of social security benefits through its financial reserves independently of the sanctions and penalties provided for by the legislation in force regarding recovery and enforcement.

Article 26 of Convention No.121. Measures of prevention and rehabilitation. In accordance with the report form for the Convention, the Committee requests the Government to provide information on: (i) the measures taken and the rehabilitation services provided to victims of employment injuries, and (ii) the number of accidents and occupational diseases, their frequency, and the severity of employment injuries.

Application of Conventions No. 12, 102 and 121 in practice. In light of the new regulations enacted in the field of social security, the Committee requests the Government to provide information on: (i) the updated number of workers insured by the social security system, indicating how many of them are agricultural workers; and (ii) the number of workers who currently receive social security benefits linked to accidents at work and occupational diseases, family benefits, old-age pension, disability pension and survivors’ pension.

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

Reform of the social security system. Further to its previous comments, the Committee notes with interest the Government’s indication that in November 2012 it held the 30th ordinary session of the National Labour Council, which dealt with social security reform and culminated in the validation of two Bills by the tripartite constituents, namely the Bill issuing the Social Security Code and the Bill governing the fundamental principles of the mutual insurance system. The Bills were adopted by the Council of Ministers and are now before Parliament for discussion. The draft Code, which has been examined by the Office, appears to give effect to most of the provisions accepted by the Government. The Committee also notes the Government’s request for technical assistance to be provided by the Office to the Ministry of Social Welfare and the National Social Security Institute with a view to improving the application of the Convention, and it hopes that such assistance will be provided in the context of implementation of the new Social Security Code. The Committee hopes that the abovementioned Bills will be adopted in the near future and requests the Government to supply a copy of the Social Security Code, once it has been adopted.

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

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 recalls that the Democratic Republic of the Congo has accepted the obligations under Convention No. 102 in relation to old-age benefit (Part V), family benefit (Part VII), invalidity benefit (Part IX), and survivors’ benefit (Part X). The Democratic Republic of the Congo has also ratified the Equality of Treatment (Social Security) Convention, 1962 (No. 118), and the Employment Injury Benefits Convention, 1964 (No. 121).

In 2004, following the comments that it has been making for many years concerning the need to bring the national legislation fully into conformity with the standards referred to above, the Government established a Committee on Social Security Reform with the mandate of preparing a draft revision of the Social Security Code (Ministerial Order No. 12/CAB.MIN/TPS/DC/FMK/066/04 of 8 December 2004). In 2005, by Decree No. 05/176 of 24 November, the Government also created the National Social Protection Support Programme (PNPS).

The Committee notes that, according to the information provided by the Government in its latest report, it has not been possible to finalize the reform of the social security system as the body responsible for approving the draft of the new Social Security Code, the National Labour Council, is experiencing financial difficulties in holding its 30th Session. It also notes that the Government has availed itself of ILO technical assistance for the preparation of the draft text of the new Social Security Code, and that this assistance covered, among other matters, the reinforcement of the institutional capacities of the National Social Security Institute and the extension of social protection to populations hitherto not covered.

The Committee trusts that the Government will take all the necessary measures to finalize the reform of social security in the near future. It also hopes that the Government will provide detailed information in its next report due in 2012 on the manner in which the legislation gives effect to Convention No. 102, and on any difficulties encountered in practice in the application of the Convention. Please provide a copy of the new Social Security Code or the draft text approved by the National Labour Council, as appropriate.

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

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

The Committee recalls that the Democratic Republic of the Congo has accepted the obligations under Convention No. 102 in relation to old-age benefit (Part V), family benefit (Part VII), invalidity benefit (Part IX), and survivors’ benefit (Part X). The Democratic Republic of the Congo has also ratified the Equality of Treatment (Social Security) Convention, 1962 (No. 118), and the Employment Injury Benefits Convention, 1964 (No. 121).

In 2004, following the comments that it has been making for many years concerning the need to bring the national legislation fully into conformity with the standards referred to above, the Government established a Committee on Social Security Reform with the mandate of preparing a draft revision of the Social Security Code (Ministerial Order No. 12/CAB.MIN/TPS/DC/FMK/066/04 of 8 December 2004). In 2005, by Decree No. 05/176 of 24 November, the Government also created the National Social Protection Support Programme (PNPS).

The Committee notes that, according to the information provided by the Government in its latest report, it has not been possible to finalize the reform of the social security system as the body responsible for approving the draft of the new Social Security Code, the National Labour Council, is experiencing financial difficulties in holding its 30th Session. It also notes that the Government has availed itself of ILO technical assistance for the preparation of the draft text of the new Social Security Code, and that this assistance covered, among other matters, the reinforcement of the institutional capacities of the National Social Security Institute and the extension of social protection to populations hitherto not covered.

The Committee trusts that the Government will take all the necessary measures to finalize the reform of social security in the near future. It also hopes that the Government will provide detailed information in its next report due in 2012 on the manner in which the legislation gives effect to Convention No. 102, and on any difficulties encountered in practice in the application of the Convention. Please provide a copy of the new Social Security Code or the draft text approved by the National Labour Council, as appropriate.

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

In reply to the previous comments made by the Committee for a number of years, the Government refers to the work of the Committee on Social Security Reform established by Ministerial Order No. 12/CAB‑MIN/TPS/AR/KF/
038/2002 of 23 February 2002, which is responsible for updating the draft Social Security Code and other legislative texts and also to give its opinions and considerations on any matter relating to social security. The Government promises to submit the draft Social Security Code to the ILO for examination before its adoption and to receive any observations concerning the harmonization of the national legislation with the provisions of the Convention. The Committee would be grateful if the Government would provide information on progress made in the adoption of the new Social Security Code.

[The Government is asked to reply in detail to the present comments in 2010.]

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

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

In response to the comments that the Committee has been making for several years concerning the harmonization of the national legislation with the requirements of the Convention as regards Part X (Survivors’ benefit), Articles 60 to 64, and Part XIII (Common provisions), Articles 70 and 71, paragraph 1 (in relation with Part VII (Family benefit), Article 39), of the Convention, the Government indicates that the Ministry of Labour and Social Insurance has taken steps to convene the 30th Session of the National Labour Council with a view to examining and adopting draft legislation to issue a Social Security Code. In this situation, the Committee suggests that the Government might have recourse to ILO technical assistance to ensure that the above draft legislation contains provisions giving effect to the above requirements of the Convention. Furthermore, the Committee notes that the Government has not complied with its obligation to provide a detailed report in 2006 containing the information and statistics requested in the report form on the Convention adopted by the Governing Body of the ILO. The Committee therefore requests the Government to supply a detailed report for examination at its next session in November-December 2008, also containing full particulars of the progress made in the work of the National Labour Council and other bodies involved in the process of adopting the new Social Security Code.

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

Observation (CEACR) - adopted 2006, published 96th ILC session (2007)

In response to the comments that the Committee has been making for several years concerning the harmonization of the national legislation with the requirements of the Convention as regards Part X (Survivors’ benefit), Articles 60 to 64, and Part XIII (Common provisions), Articles 70 and 71, paragraph 1 (in relation with Part VII (Family benefit), Article 39), of the Convention, the Government indicates that the Ministry of Labour and Social Insurance has taken steps to convene the 30th Session of the National Labour Council with a view to examining and adopting draft legislation to issue a Social Security Code. In this situation, the Committee suggests that the Government might have recourse to ILO technical assistance to ensure that the above draft legislation contains provisions giving effect to the above requirements of the Convention. Furthermore, the Committee notes that the Government has not complied with its obligation to provide a detailed report in 2006 containing the information and statistics requested in the report form on the Convention adopted by the Governing Body of the ILO. The Committee therefore requests the Government to supply a detailed report for examination at its next session in November-December 2007, also containing full particulars of the progress made in the work of the National Labour Council and other bodies involved in the process of adopting the new Social Security Code.

[The Government is asked to report in detail in 2007.]

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that, once again, 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:

The Committee notes that the last report transmitted by the Government does not mention any progress in bringing the national legislation into conformity with the requirements of the Convention as regards Part X (Survivors’ benefit), Articles 60 to 64 and Part XIII (Common provisions), Articles 70 and 71, paragraph 1 (in relation with Part VII (Family benefit), Article 39), on which is has been commenting for several years. It also notes that the Government failed to comply with its obligation to provide a detailed report for the period 1996-2001 containing the information and statistics requested in the report form adopted by the Governing Body of the ILO. In these conditions, the Committee trusts that a detailed report will be provided for examination at its next session in November-December 2006 and that it will also contain full particulars on the progress made by the Commission for the Reform of Social Security, established by Ministerial Order No. 12/CAB-MIN/TPS/AR/KF/038/2002 of 23 February 2002, a copy of which was provided by the Government, in view of the fact that this Commission is entrusted with updating the draft Social Security Code and other legislative texts, and for issuing opinions and views on any matter related to social security.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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 read as follows:

The Committee notes the Government’s report for the period from 1 June 2001 to 1 June 2002, which does not mention any progress in bringing the national legislation into conformity with the requirements of the Convention as regards Part X (Survivors’ benefit), Articles 60 to 64 and Part XIII (Common provisions), Articles 70 and 71, paragraph 1 (in relation with Part VII (Family benefit), Article 39), on which is has been commenting for several years. It also notes that the Government failed to comply with its obligation to provide a detailed report for the period 1996-2001 containing the information and statistics requested in the report form adopted by the Governing Body of the ILO. In these conditions, the Committee trusts that a detailed report will be provided for examination at its next session in November-December 2003 and that it will also contain full particulars on the progress made by the Commission for the Reform of Social Security, established by Ministerial Order No. 12/CAB-MIN/TPS/AR/KF/038/2002 of 23 February 2002, a copy of which was provided by the Government, in view of the fact that this Commission is entrusted with updating the draft Social Security Code and other legislative texts, and for issuing opinions and views on any matter related to social security.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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:

The Committee notes the Government’s report for the period from 1 June 2001 to 1 June 2002, which does not mention any progress in bringing the national legislation into conformity with the requirements of the Convention as regards Part X (Survivors’ benefit), Articles 60 to 64 and Part XIII (Common provisions), Articles 70 and 71, paragraph 1 (in relation with Part VII (Family benefit), Article 39), on which is has been commenting for several years. It also notes that the Government failed to comply with its obligation to provide a detailed report for the period 1996-2001 containing the information and statistics requested in the report form adopted by the Governing Body of the ILO. In these conditions, the Committee trusts that a detailed report will be provided for examination at its next session in November-December 2003 and that it will also contain full particulars on the progress made by the Commission for the Reform of Social Security, established by Ministerial Order No. 12/CAB-MIN/TPS/AR/KF/038/2002 of 23 February 2002, a copy of which was provided by the Government, in view of the fact that this Commission is entrusted with updating the draft Social Security Code and other legislative texts, and for issuing opinions and views on any matter related to social security.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes the Government’s report for the period from 1 June 2001 to 1 June 2002, which does not mention any progress in bringing the national legislation into conformity with the requirements of the Convention as regards Part X (Survivors’ benefit), Articles 60 to 64 and Part XIII (Common provisions), Articles 70 and 71, paragraph 1 (in relation with Part VII (Family benefit), Article 39), on which is has been commenting for several years. It also notes that the Government failed to comply with its obligation to provide a detailed report for the period 1996-2001 containing the information and statistics requested in the report form adopted by the Governing Body of the ILO. In these conditions, the Committee trusts that a detailed report will be provided for examination at its next session in November-December 2003 and that it will also contain full particulars on the progress made by the Commission for the Reform of Social Security, established by Ministerial Order No.12/CAB-MIN/TPS/AR/KF/038/2002 of 23 February 2002, a copy of which was provided by the Government, in view of the fact that this Commission is entrusted with updating the draft Social Security Code and other legislative texts, and for issuing opinions and views on any matter related to social security.

[The Government is asked to report in detail in 2003.]

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

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:

With reference to its previous comments, the Committee notes the information supplied by the Government in its report. The Government indicates that, although it is endeavouring to apply the provisions of the Convention more effectively, the current situation in the country does not yet permit the harmonization of the national legislation with the requirements with the Convention concerning Part X (Survivors' benefit), Articles 60 to 64, and Part XIII (Common provisions), Article 70 and Article 71, paragraph 1 (in relation with Part VII (Family benefit), Article 39). Furthermore, the Government states that it should be able to provide the information and statistics requested by the Committee in its 1992 direct request in its next report.

Under these conditions, the Committee hopes that, despite the difficulties that have been encountered, the Government will make every effort to give full effect to the above provisions of the Convention, and to compile and transmit the requested information. The Committee would also be grateful if the Government would indicate any progress achieved in the formulation and adoption of the new Social Security Code.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

With reference to its previous comments, the Committee notes the information supplied by the Government in its report. The Government indicates that, although it is endeavouring to apply the provisions of the Convention more effectively, the current situation in the country does not yet permit the harmonization of the national legislation with the requirements with the Convention concerning Part X (Survivors' benefit), Articles 60 to 64, and Part XIII (Common provisions), Article 70 and Article 71, paragraph 1 (in relation with Part VII (Family benefit), Article 39). Furthermore, the Government states that it should be able to provide the information and statistics requested by the Committee in its 1992 direct request in its next report.

Under these conditions, the Committee hopes that, despite the difficulties that have been encountered, the Government will make every effort to give full effect to the above provisions of the Convention, and to compile and transmit the requested information. The Committee would also be grateful if the Government would indicate any progress achieved in the formulation and adoption of the new Social Security Code.

Direct Request (CEACR) - adopted 1995, published 83rd ILC session (1996)

The Committee notes with regret that the Government's report has not been received for the second time in succession. 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:

In reply to the Committee's previous comments, the Government indicates in its report that the measures recommended by the Convention have been taken into account in the draft Social Security Code approved by the National Labour Council and that, in this context, the establishment of the general survivors' benefits scheme is now an accomplished fact. The Committee notes this information. It hopes that the above draft Code will be adopted shortly and that it will enable the Convention to be applied fully, taking account, in particular, the points raised in its 1992 direct request (Point I, (1) to (3)). Please supply a copy of the draft Code.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

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:

In reply to the Committee's previous comments, the Government indicates in its report that the measures recommended by the Convention have been taken into account in the draft Social Security Code approved by the National Labour Council and that, in this context, the establishment of the general survivors' benefits scheme is now an accomplished fact. The Committee notes this information with interest. It hopes that the above draft Code will be adopted shortly and that it will enable the Convention to be applied fully, taking account, in particular, the points raised in its 1992 direct request (Point I, (1) to (3)). Please supply a copy of the draft Code.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

In reply to the Committee's previous comments, the Government indicates in its report that the measures recommended by the Convention have been taken into account in the draft Social Security Code approved by the National Labour Council and that, in this context, the establishment of the general survivors' benefits scheme is now an accomplished fact. The Committee notes this information with interest. It hopes that the above draft Code will be adopted shortly and that it will enable the Convention to be applied fully, taking account, in particular, the points raised in its 1992 direct request (Point I, (1) to (3)). Please supply a copy of the draft Code.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

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. It again wishes to draw the Government's attention to the application of the following provisions of the Convention.

I. 1. Part X (Survivors' benefit), Articles 60, paragraph 1, 61, 62 and 64, of the Convention. (a) The Committee notes that pending the entry into force of the general survivors' benefit scheme provided for in section 42 of the Legislative Decree of 1961 concerning social security, as amended, the children of the deceased are only entitled to a single orphan's allowance (section 43B of the Legislative Decree), whereas under the above provisions of the Convention, survivors' benefit must be granted in the form of a periodical payment throughout the contingency, not only to widows but also to children in the event of the death of the breadwinner. It hopes that the Government will be able to take the necessary measures to give full effect to the Convention on this point, for example, by setting up the general survivors' pension scheme referred to in section 42 of the Legislative Decree.

(b) The Committee notes that under section 43A.1.1 of the Legislative Decree of 1961, only disabled widows or widows who have reached the age of 50 are entitled to widow's pension. In this connection, the Committee recalls that although, under Article 60, paragraph 1, of the Convention, the widows' right to benefit may be made conditional on her being presumed, in accordance with national law or regulations, to be incapable of self-support, such a presumption does not seem to be justifiable in the case of widows with dependent children. Accordingly, the Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to ensure that widows with dependent children are guaranteed a pension without fulfilling the conditions laid down at section 43A.1.1 mentioned above.

2. Articles 62 and 63 (in conjunction with Article 65 or 66). The Committee notes that under section 43A.2 of the Legislative Decree of 1961, the amount of the widows' pension is equal to 40 per cent of the amount of the retirement or invalidity pension to which the deceased was or would have been entitled, taking into account the provisions of section 38(2) of the Legislative Decree, concerning the minimum amount of the pension. The Committee notes that the rate of the widows' pension calculated in this manner is not such as to attain in all cases the level prescribed by the Convention which specifies that the rate of survivors' benefit paid to a widow with two children, increased by the amount of any family allowances payable during the contingency, shall be at least 40 per cent either of the breadwinners' former earnings or of the wage of an ordinary adult male labourer (according to whether recourse is had to Article 65 or Article 66 of the Convention), increased by the amount of the family allowances paid during employment. The Committee therefore asks the Government to indicate in its next report the measures that have been taken or are contemplated to guarantee survivors' benefit of an amount of at least equal to that prescribed by the Convention, due account being taken of any orphan's allowance which may be established (see I.1(a) above).

3. Part XIII (Common provisions), Article 71, paragraph 1, in conjunction with Part VII (Family benefit), Article 39. The Committee notes that, except in the Shaba region where, according to the Government's report, a compensation scheme for family allowance exists, such allowances are paid by the employer to the worker by virtue of section 34(1) of the Legislative Decree of 1961. The Committee recalls that such a method of funding is not consistent with Article 71, paragraph 1, of the Convention which provides that the cost of benefits must be borne collectively by way of insurance contributions or taxation. The Committee therefore hopes that the Government will be able to take the necessary measures to give full effect to the Convention on this point in all regions of the country. It also asks the Government to provide detailed information on the compensation scheme for family allowances in force in the Shaba region and to supply a copy of the relevant legislative or regulatory provisions.

II. Furthermore, the Committee would be grateful if the Government would provide information on the following points.

1. Part VII (Family benefit), Article 44. The Committee would be grateful if the Government would provide the information requested under this Article of the Convention in the report form adopted by the Governing Body on the application of the Convention. Please indicate in particular, (i) the total value of the family benefits granted for the children of the protected persons, (ii) the total number of children of all protected persons, (iii) the wage of an ordinary adult male labourer as determined in accordance with Article 66 of the Convention.

2. Part XI (Standards to be complied with by periodical payments), Article 65 or Article 66, in conjunction with Part V (Old-age benefit), Articles 28 and 29, Part IX (Invalidity benefit), Articles 56 and 57, and Part X (Survivors' benefit), Articles 62 and 63. (a) Please provide the statistical information required by the report form under titles I, II, III and V of Article 65 or Article 66, depending on which of the two above articles is used in comparing the rate of the old-age and invalidity periodical benefits prescribed by the national legislation with the level fixed by the Convention.

If Article 65 is used, please state in particular the amount of the wage of a skilled manual male employee determined in accordance with paragraphs 6 or 7 of this provision, and the rates of the old-age and invalidity benefits paid to a beneficiary whose previous earnings were equal to those of a skilled manual male employee who has completed the qualifying periods prescribed respectively by Article 29, paragraph 1(a) and Article 57, paragraph 1(a) of the Convention.

If Article 66 is used, please indicate in particular the wage of the ordinary adult male labourer determined in accordance with paragraph 3 or 4 of this Article, and the minimum rate of the old-age and invalidity benefits.

Please indicate also the amount of the allowances paid to a standard beneficiary during employment and, where appropriate, during the contingency.

(b) The Committee also requests the Government to provide the statistical information required by the report form under title VI of Article 65, with regard to the readjustment of current periodical payments in respect of old age, invalidity and death of the breadwinner, following an increase in the cost of living and/or the general level of earnings.

3. Part XIII (Common provisions), Article 70. The Committee notes that under sections 54 and 55 of the Legislative Decree of 1961, insured persons or beneficiaries may appeal before the provincial social security commissions against decisions taken by the National Social Security Institute concerning the granting, refusal and amounts of benefits. It notes, however, from the information supplied by the Government in connection with Convention No. 121, that these commissions have not yet been established in certain regions of the country but that the National Labour Council discussed the strengthening and extension of the commissions at its 22nd Session. The Committee therefore asks the Government to provide detailed information on any progress made in this respect, and to provide the texts of the recommendations adopted by the National Labour Council.

4. Article 71, paragraph 3. The Committee would be grateful if the Government would provide the latest analyses of financial operations and the actuarial estimates provided for in section 19 of the Legislative Decree of 1961.

5. Part XIV (Miscellaneous provisions), Article 76, paragraph 1(b), in conjunction with Part V (Old-age Benefit), Article 27, Part VII (Family benefit), Article 41, Part IX (Invalidity benefit), Article 55, and Part X (Survivors' benefit), Article 61. The Committee gathers that the Government plans to avail itself of subparagraph (a) of the above-mentioned provisions. It therefore asks the Government to provide the statistical information concerning coverage required by the report form under title I of Article 76, stating the number of wage-earners actually protected by the social security scheme in relation to the total number of wage-earners.

6. The Committee would be grateful if the Government would provide information on the manner in which the Convention is applied in practice, as required under point V of the report form.

7. Lastly, the Committee notes that a new Social Security Code is being prepared. It hopes that this Code, once adopted, will enable full effect to be given to the Convention and that it will take account of the points mentioned above. It asks the Government to provide a copy of the Code as soon as it is adopted.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

I. The Committee notes the Government's first report. It wishes to draw the Government's attention to the application of the following provisions of the Convention.

1. Part X (Survivors' Benefit), Articles 60, paragraphs 1, 61, 62 and 64 of the Convention. (a) The Committee notes that pending the entry into force of the general survivors' benefit scheme provided for in section 42 of the Legislative Decree of 1961 concerning social security, as amended, the children of the deceased are only entitled to a single orphan's allowance (section 43B of the Legislative Decree), whereas under the above provisions of the Convention, survivors' benefit must be granted in the form of a periodical payment throughout the contingency, not only to widows but also to children in the event of the death of the breadwinner. It hopes that the Government will be able to take the necessary measures to give full effect to the Convention on this point, for example, by setting up the general survivors' pension scheme referred to in section 42 of the Legislative Decree.

(b) The Committee notes that under section 43A.1.1 of the Legislative Decree of 1961, only disabled widows or widows who have reached the age of 50 are entitled to widow's pension. In this connection, the Committee recalls that although, under Article 60, paragraph 1, of the Convention, the widows' right to benefit may be made conditional on her being presumed, in accordance with national law or regulations, to be incapable of self-support, such a presumption does not seem to be justifiable in the case of widows with dependent children. Accordingly, the Committee would be grateful if the Government would indicate the measures that have been taken or are envisaged to ensure that widows with dependent children are guaranteed a pension without fulfilling the conditions laid down at section 43A.1.1 mentioned above.

2. Articles 62 and 63 (in conjunction with Article 65 or 66). The Committee notes that under section 43A.2 of the Legislative Decree of 1961, the amount of the widows' pension is equal to 40 per cent of the amount of the retirement or invalidity pension to which the deceased was or would have been entitled, taking into account the provisions of section 38(2) of the Legislative Decree, concerning the minimum amount of the pension. The Committee notes that the rate of the widows' pension calculated in this manner is not such as to attain in all cases the level prescribed by the Convention which specifies that the rate of survivors' benefit paid to a widow with two children, increased by the amount of any family allowances payable during the contingency, shall be at least 40 per cent either of the breadwinners' former earnings or of the wage of an ordinary adult male labourer (according to whether recourse is had to Article 65 or Article 66 of the Convention), increased by the amount of the family allowances paid during employment. The Committee therefore asks the Government to indicate in its next report the measures that have been taken or are contemplated to guarantee survivors' benefit of an amount of at least equal to that prescribed by the Convention, due account being taken of any orphan's allowance which may be established (see I.1(a) above).

3. Part XIII (Common provisions), Article 71, paragraph 1, in conjunction with Part VII (Family Benefit), article 39. The Committee notes that, except in the Shaba region where, according to the Government's report, a compensation scheme for family allowance exists, such allowances are paid by the employer to the worker by virtue of section 34(1) of the Legislative Decree of 1961. The Committee recalls that such a method of funding is not consistent with Article 71, paragraph 1, of the Convention which provides that the cost of benefits must be borne collectively by way of insurance contributions or taxation. The Committee therefore hopes that the Government will be able to take the necessary measures to give full effect to the Convention on this point in all regions of the country. It also asks the Government to provide detailed information on the compensation scheme for family allowances in force in the Shaba region and to supply a copy of the relevant legislative or regulatory provisions.

II. Furthermore, the Committee would be grateful if the Government would provide information on the following points:

1. Part VII (Family Benefit), Article 44. The Committee would be grateful if the Government would provide the information requested under this Article of the Convention in the report form adopted by the Governing Body on the application of the Convention. Please indicate in particular, (i) the total value of the family benefits granted for the children of the protected persons, (ii) the total number of children of all protected persons, (iii) the wage of an ordinary adult male labourer as determined in accordance with Article 66 of the Convention.

2. Part XI (Standards to be complied with by periodical payments), Article 65 or Article 66, in conjunction with Part V (Old Age Benefit), Articles 28 and 29, Part IX (Invalidity Benefit), Articles 56 and 57, and Part X (Survivors' Benefit), Articles 62 and 63. (a) Please provide the statistical information required by the report form under titles I, II, III and V of Article 65 or Article 66 of the Convention, depending on which of the two above articles is used in comparing the rate of the old age and invalidity periodical benefits prescribed by the national legislation with the level fixed by the Convention.

If Article 65 is used, please state in particular the amount of the wage of a skilled manual male employee determined in accordance with paragraphs 6 or 7 of this provision, and the rates of the old age and invalidity benefits paid to a beneficiary whose previous earnings were equal to those of a skilled manual male employee who has completed the qualifying periods prescribed respectively by Article 29, paragraph 1(a) and Article 57, paragraph 1(a) of the Convention.

If Article 66 is used, please indicate in particular the wage of the ordinary adult male labourer determined in accordance with paragraphs 3 or 4 of Article 66, and the minimum rate of the old age and invalidity benefits.

Please indicate also the amount of the allowances paid to a standard beneficiary during employment and, where appropriate, during the contingency.

(b) The Committee also requests the Government to provide the statistical information required by the report form under title VI of Article 65, with regard to the readjustment of current periodical payments in respect of old age, invalidity and death of the breadwinner, following an increase in the cost of living and/or the general level of earnings.

3. Part XIII (Common Provisions), Article 70. The Committee notes that under sections 54 and 55 of the Legislative Decree of 1961, insured persons or beneficiaries may appeal before the provincial social security commissions against decisions taken by the National Social Security Institute concerning the granting, refusal and amounts of benefits. It notes, however, from the information supplied by the Government in connection with Convention No. 121, that these commissions have not yet been established in certain regions of the country but that the National Labour Council discussed the strengthening and extension of the commissions at its 22nd session. The Committee therefore asks the Government to provide detailed information on any progress made in this respect, and to provide the texts of the recommendations adopted by the National Labour Council.

4. Article 71, paragraph 3. The Committee would be grateful if the Government would provide the latest analyses of financial operations and the actuarial estimates provided for in section 19 of the Legislative Decree of 1961.

5. Part XIV (Miscellaneous Provisions), Article 76, paragraph 1(b), in conjunction with Part V (Old Age Benefit), Article 27, Part VII (Family Benefit), Article 41, Part IX (Invalidity Benefit), Article 55, and Part X (Survivors' Benefit), Article 61. The Committee gathers that the Government plans to avail itself of subparagraph (a) of the above-mentioned provisions. It therefore asks the Government to provide the statistical information concerning coverage required by the report form under title I of Article 76, stating the number of wage earners actually protected by the social security scheme in relation to the total number of wage earners.

6. The Committee would be grateful if the Government would provide information on the manner in which the Convention is applied in practice, as required under point V of the report form.

7. Lastly, the Committee notes from the information supplied by the Government in connection with Convention No. 121, that a new Social Security Code is being prepared. It hopes that this Code, once adopted, will enable full effect to be given to the Convention and that it will take account of the points mentioned above. It asks the Government to provide a copy of the Code as soon as it is adopted.