Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Democratic Republic of the Congo (Ratification: 1967)

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.

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

With reference to its observation concerning the application of the Social Security (Minimum Standards) Convention, 1952 (No. 102), the Committee hopes that the Bill issuing the Social Security Code will be adopted in the near future and that it will ensure, in accordance with Article 5 of the Convention, the provision abroad of invalidity, old age and employment injury benefits, both to nationals and the nationals of any other Member which has accepted the obligations of the Convention in respect of a corresponding branch, even in the absence of reciprocity agreements or bilateral social security agreements.

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

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

Article 5 of the Convention. Payment of benefits abroad. The Committee notes the Government’s statement in its report that, in response to the Committee’s request, the Ministry of Employment, Labour and Social Security submitted its previous comments to the Committee on Social Security Reform established by Ministerial Order No. 12/CAB-MIN/TPS/AR/KF/038/2002 of 23 February 2002 in order to bring the national legislation into conformity with the provisions of the Convention. In view of the fact that this committee is responsible for updating the draft Social Security Code and other legislative texts, and also to give its opinions and conclusions on any matter relating to social security, the Committee hopes that the Government’s next report will cover the recommendations made by the Committee on Social Security Reform and the measures taken to establish mechanisms for the transfer of benefits abroad. The Committee recalls that, by ratifying the present Convention and accepting the obligations in respect of the branches for invalidity, old age and employment injury, the Government undertook, in accordance with Article 5 of the Convention, to ensure the provision abroad of the benefits in question both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of a corresponding branch, even in the absence of reciprocity agreements or bilateral social security agreements.

Articles 7 and 8. In reply to the Committee’s previous comments, the Government states in its report that, after the end of the armed conflicts in the country, the Government will take the necessary steps to ratify the agreements concluded or to be concluded with a view to participation in a system for the maintenance of acquired rights or rights in the course of acquisition. The Committee would be grateful if the Government would provide information on any progress made in this regard.

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

Article 5 of the Convention. Payment of benefits abroad. The Committee notes the Government’s statement in its report that, in response to the Committee’s request, the Ministry of Employment, Labour and Social Security submitted its previous comments to the Committee on Social Security Reform established by Ministerial Order No. 12/CAB-MIN/TPS/AR/KF/038/2002 of 23 February 2002 in order to bring the national legislation into conformity with the provisions of the Convention. In view of the fact that this committee is responsible for updating the draft Social Security Code and other legislative texts, and also to give its opinions and conclusions on any matter relating to social security, the Committee hopes that the Government’s next report will cover the recommendations made by the Committee on Social Security Reform and the measures taken to establish mechanisms for the transfer of benefits abroad. The Committee recalls that, by ratifying the present Convention and accepting the obligations in respect of the branches for invalidity, old age and employment injury, the Government undertook, in accordance with Article 5 of the Convention, to ensure the provision abroad of the benefits in question both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of a corresponding branch, even in the absence of reciprocity agreements or bilateral social security agreements.

Articles 7 and 8. In reply to the Committee’s previous comments, the Government states in its report that, after the end of the armed conflicts in the country, the Government will take the necessary steps to ratify the agreements concluded or to be concluded with a view to participation in a system for the maintenance of acquired rights or rights in the course of acquisition. The Committee would be grateful if the Government would provide information on any progress made in this regard.

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:

Article 5 of the Convention (Payment of benefits abroad). In reply to the Committee’s previous comments, which it had been making for several years, the Government recalls that section 50(7)(a) of the Legislative Decree on Social Security of 1961 allows the suspension of benefits where the beneficiary resides abroad, subject to the obligations assumed under international agreements. The Government states in this respect that the reciprocity agreements concluded by the Democratic Republic of the Congo with other countries do not contain discriminatory provisions, and that, where workers who are nationals of other countries fulfil the conditions required under these agreements, they benefit from treatment that is equal to that of Congolese workers. It is envisaged that transfers of social security benefits will take place in accordance with the agreements in force establishing financial arrangements between the two contracting parties. For example, an administrative arrangement related to the general social security agreement provides for a financial arrangement between the central banks of contracting countries for the payment of benefits. Efforts are currently being made to conclude general social security agreements with certain African countries, such as Angola, Tanzania, Zambia and Zimbabwe. However, the Government indicates that no agreement is currently available for the good reason that no ratifications of the agreement have yet been registered. In the absence of such agreements, the necessary measures to transfer benefits will have to be made by common agreement between the interested parties.

The Committee wishes to remind the Government in this respect that, by ratifying the Convention and accepting its obligations for the invalidity, old-age and employment injury branches, the Government has undertaken to guarantee provision of the respective benefits both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for the branches in question, and to refugees and stateless persons, even in the absence of reciprocity agreements or bilateral social security agreements. The Committee therefore trusts that, while awaiting the conclusion of bilateral agreements, the Government will take unilateral measures to guarantee in law and practice the provision of benefits abroad for its own nationals and for the nationals of the countries following in relation, respectively, to branch (d) (invalidity benefit): Brazil, Cape Verde, Ecuador, Egypt, France, Iraq, Italy, Jordan, Kenya, Libyan Arab Jamahiriya, Madagascar, Mauritania, Mexico, Netherlands, Philippines, Rwanda, Syrian Arab Republic, Tunisia, Turkey and Venezuela; branch (e) (old-age benefit): Barbados, Brazil, Central African Republic, Guinea, Iraq, Israel, Italy, Kenya, Libyan Arab Jamahiriya, Mauritania, Mexico, Netherlands, Philippines, Rwanda, Syrian Arab Republic, Tunisia, Turkey and Venezuela; branch (g) (employment injury benefit): Bangladesh, Barbados, Brazil, Cape Verde, Central African Republic, Denmark, Ecuador, Egypt, Finland, France, Germany, Guinea, Iraq, Ireland, Israel, Italy, Jordan, Libyan Arab Jamahiriya, Madagascar, Mauritania, Mexico, Netherlands, Pakistan, Philippines, Rwanda, Suriname, Sweden, Syrian Arab Republic, Tunisia, Turkey, Uruguay and Venezuela. The Committee would be grateful if the Government would forward the present comments to 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, the text of which was provided by the Government with its report on the application of Convention No. 102, in view of the fact that the above Commission is entrusted with updating the draft Social Security Code and other legislative texts, and for issuing opinions and views on any matter relating to social security.

Articles 7 and 8. In reply to the Committee’s previous comments, the Government indicates in its report that, with a view to the participation of the Democratic Republic of the Congo in a scheme for the maintenance of acquired rights and rights in course of acquisition, efforts are being made in the context of the conclusion of general social security agreements with African countries with which the Democratic Republic of the Congo shares borders or is developing various forms of cooperation. The Government indicates that such an agreement was signed by the Democratic Republic of the Congo in 1979 and by Zambia in 1987, but has not been ratified, while Angola, Zimbabwe and the United Republic of Tanzania are still at the negotiating stage. In view of the fact that, according to this information, the process of negotiation described by the Government has already lasted over 20 years without achieving any results in terms of agreements that have been ratified and applied in the countries in question, the Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged to complete the process that has been set in motion as rapidly as possible.

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

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

Article 5 of the Convention (Payment of benefits abroad). In reply to the Committee’s previous comments, which it had been making for several years, the Government recalls that section 50(7)(a) of the Legislative Decree on Social Security of 1961 allows the suspension of benefits where the beneficiary resides abroad, subject to the obligations assumed under international agreements. The Government states in this respect that the reciprocity agreements concluded by the Democratic Republic of the Congo with other countries do not contain discriminatory provisions, and that where workers who are nationals of other countries fulfil the conditions required under these agreements, they benefit from treatment that is equal to that of Congolese workers. It is envisaged that transfers of social security benefits will take place in accordance with the agreements in force establishing financial arrangements between the two contracting parties. For example, an administrative arrangement related to the general social security agreement provides for a financial arrangement between the central banks of contracting countries for the payment of benefits. Efforts are currently being made to conclude general social security agreements with certain African countries, such as Angola, Tanzania, Zambia and Zimbabwe. However, the Government indicates that no agreement is currently available for the good reason that no ratifications of the agreement have yet been registered. In the absence of such agreements, the necessary measures to transfer benefits will have to be made by common agreement between the interested parties.

The Committee wishes to remind the Government in this respect that, by ratifying the Convention and accepting its obligations for the invalidity, old-age and employment injury branches, the Government has undertaken to guarantee provision of the respective benefits both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for the branches in question, and to refugees and stateless persons, even in the absence of reciprocity agreements or bilateral social security agreements. The Committee therefore trusts that, while awaiting the conclusion of bilateral agreements, the Government will take unilateral measures to guarantee in law and practice the provision of benefits abroad for its own nationals and for the nationals of the countries following in relation, respectively, to branch (d) (invalidity benefit): Brazil, Cape Verde, Ecuador, Egypt, France, Iraq, Italy, Jordan, Kenya, Libyan Arab Jamahiriya, Madagascar, Mauritania, Mexico, Netherlands, Philippines, Rwanda, Syrian Arab Republic, Tunisia, Turkey and Venezuela; branch (e) (old-age benefit): Barbados, Brazil, Central African Republic, Guinea, Iraq, Israel, Italy, Kenya, Libyan Arab Jamahiriya, Mauritania, Mexico, Netherlands, Philippines, Rwanda, Syrian Arab Republic, Tunisia, Turkey and Venezuela; branch (g) (employment injury benefit): Bangladesh, Barbados, Brazil, Cape Verde, Central African Republic, Denmark, Ecuador, Egypt, Finland, France, Germany, Guinea, Iraq, Ireland, Israel, Italy, Jordan, Libyan Arab, Jamahiriya, Madagascar, Mauritania, Mexico, Netherlands, Pakistan, Philippines, Rwanda, Suriname, Sweden, Syrian Arab Republic, Tunisia, Turkey, Uruguay and Venezuela. The Committee would be grateful if the Government would forward the present comments to 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, the text of which was provided by the Government with its report on the application of Convention No. 102, in view of the fact that the above Commission is entrusted with updating the draft Social Security Code and other legislative texts, and for issuing opinions and views on any matter relating to social security.

Articles 7 and 8. In reply to the Committee’s previous comments, the Government indicates in its report that, with a view to the participation of the Democratic Republic of the Congo in a scheme for the maintenance of acquired rights and rights in course of acquisition, efforts are being made in the context of the conclusion of general social security agreements with African countries with which the Democratic Republic of the Congo shares borders or is developing various forms of cooperation. The Government indicates that such an agreement was signed by the Democratic Republic of the Congo in 1979 and by Zambia in 1987, but has not been ratified, while Angola, Zimbabwe and the United Republic of Tanzania are still at the negotiating stage. In view of the fact that, according to this information, the process of negotiation described by the Government has already lasted over 20 years without achieving any results in terms of agreements that have been ratified and applied in the countries in question, the Committee would be grateful if the Government would indicate the measures which have been taken or are envisaged to complete the process that has been set in motion as rapidly as possible.

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

The Committee notes with regret that the Government’s report has not been received for the sixth consecutive year. 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 5 of the Convention. In its previous comments on the transfer of benefits abroad, the Committee noted the Government’s statement that two different cases should be distinguished: (a) where the beneficiary who is resident abroad had his remuneration transferred during his period of employment in the Democratic Republic of the Congo the benefits awarded to him are also transferred abroad upon simple request by the National Bank of the Democratic Republic of the Congo; (b) where the remuneration of the beneficiary was not transferable abroad during the period of employment in the Democratic Republic of the Congo, the Bank of the Democratic Republic of the Congo may, after a special request has been made by the beneficiary or his delegate, or by the bank in which the account has been opened, give special authorization for the transfer of benefits. In its latest report, the Government refers in this connection to sections 176(1) and 179(1) of the current exchange regulations. The Committee notes, however, that although these provisions refer to the transfer of remuneration and bonuses, they do not appear to regulate directly the procedure for the transfer of benefits.

Furthermore, the Committee recalls that subsection 7(a) of section 50 of the Legislative Decree on Social Security of 1961 allows, subject to obligations undertaken in international agreements, the suspension of benefits where the beneficiary resides abroad. In these circumstances, the Committee hopes that the Government will be able to take the necessary measures (for example by issuing a circular) to ensure that the nationals of both the Democratic Republic of the Congo and of any other Member that has accepted the obligations of this Convention in respect of a given branch, as well as refugees and stateless persons, in the event of residence abroad, receive the long-term benefits provided under the branches accepted by the Democratic Republic of the Congo (invalidity, old age and employment injury), even if the beneficiary residing abroad did not benefit from the free transfer of his remuneration during his period of employment in the Democratic Republic of the Congo.

Articles 7 and 8. The Committee would be grateful if the Government would continue to provide information on the implementation of these provisions of the Convention, under which Members must endeavour, in particular through multilateral or bilateral agreements, to participate in schemes for the maintenance of acquired rights and rights in course of acquisition under their legislation.

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes with regret that the Government’s report has not been received for the fifth consecutive year. 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 5 of the Convention.  In its previous comments on the transfer of benefits abroad, the Committee noted the Government’s statement that two different cases should be distinguished: (a) where the beneficiary who is resident abroad had his remuneration transferred during his period of employment in the Democratic Republic of the Congo the benefits awarded to him are also transferred abroad upon simple request by the National Bank of the Democratic Republic of the Congo; (b) where the remuneration of the beneficiary was not transferable abroad during the period of employment in the Democratic Republic of the Congo, the Bank of the Democratic Republic of the Congo may, after a special request has been made by the beneficiary or his delegate, or by the bank in which the account has been opened, give special authorization for the transfer of benefits. In its latest report, the Government refers in this connection to sections 176(1) and 179(1) of the current exchange regulations. The Committee notes, however, that although these provisions refer to the transfer of remuneration and bonuses, they do not appear to regulate directly the procedure for the transfer of benefits.

Furthermore, the Committee recalls that subsection 7(a) of section 50 of the Legislative Decree on Social Security of 1961 allows, subject to obligations undertaken in international agreements, the suspension of benefits where the beneficiary resides abroad. In these circumstances, the Committee hopes that the Government will be able to take the necessary measures (for example by issuing a circular) to ensure that the nationals of both the Democratic Republic of the Congo and of any other Member that has accepted the obligations of this Convention in respect of a given branch, as well as refugees and stateless persons, in the event of residence abroad, receive the long-term benefits provided under the branches accepted by the Democratic Republic of the Congo (invalidity, old age and employment injury), even if the beneficiary residing abroad did not benefit from the free transfer of his remuneration during his period of employment in the Democratic Republic of the Congo.

Articles 7 and 8.  The Committee would be grateful if the Government would continue to provide information on the implementation of these provisions of the Convention, under which Members must endeavour, in particular through multilateral or bilateral agreements, to participate in schemes for the maintenance of acquired rights and rights in course of acquisition under their legislation.

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

The Committee notes with regret that the Government's report has not been received for the fourth consecutive year. 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 5 of the Convention. In its previous comments on the transfer of benefits abroad, the Committee noted the Government's statement that two different cases should be distinguished: (a) where the beneficiary who is resident abroad had his remuneration transferred during his period of employment in the Democratic Republic of the Congo the benefits awarded to him are also transferred abroad upon simple request by the National Bank of the Democratic Republic of the Congo; (b) where the remuneration of the beneficiary was not transferable abroad during the period of employment in the Democratic Republic of the Congo, the Bank of the Democratic Republic of the Congo may, after a special request has been made by the beneficiary or his delegate, or by the bank in which the account has been opened, give special authorization for the transfer of benefits. In its latest report, the Government refers in this connection to sections 176(1) and 179(1) of the current exchange regulations. The Committee notes, however, that although these provisions refer to the transfer of remuneration and bonuses, they do not appear to regulate directly the procedure for the transfer of benefits.

Furthermore, the Committee recalls that subsection 7(a) of section 50 of the Legislative Decree on Social Security of 1961 allows, subject to obligations undertaken in international agreements, the suspension of benefits where the beneficiary resides abroad. In these circumstances, the Committee hopes that the Government will be able to take the necessary measures (for example by issuing a circular) to ensure that the nationals of both the Democratic Republic of the Congo and of any other Member that has accepted the obligations of this Convention in respect of a given branch, as well as refugees and stateless persons, in the event of residence abroad, receive the long-term benefits provided under the branches accepted by the Democratic Republic of the Congo (invalidity, old age and employment injury), even if the beneficiary residing abroad did not benefit from the free transfer of his remuneration during his period of employment in the Democratic Republic of the Congo.

Articles 7 and 8. The Committee would be grateful if the Government would continue to provide information on the implementation of these provisions of the Convention, under which Members must endeavour, in particular through multilateral or bilateral agreements, to participate in schemes for the maintenance of acquired rights and rights in course of acquisition under their legislation.

Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

The Committee notes with regret that the Government's report has not been received for the third consecutive year. 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 5 of the Convention. In its previous comments on the transfer of benefits abroad, the Committee noted the Government's statement that two different cases should be distinguished: (a) where the beneficiary who is resident abroad had his remuneration transferred during his period of employment in the Democratic Republic of the Congo the benefits awarded to him are also transferred abroad upon simple request by the National Bank of the Democratic Republic of the Congo; (b) where the remuneration of the beneficiary was not transferable abroad during the period of employment in the Democratic Republic of the Congo, the Bank of the Democratic Republic of the Congo may, after a special request has been made by the beneficiary or his delegate, or by the bank in which the account has been opened, give special authorization for the transfer of benefits. In its latest report, the Government refers in this connection to sections 176(1) and 179(1) of the current exchange regulations. The Committee notes, however, that although these provisions refer to the transfer of remuneration and bonuses, they do not appear to regulate directly the procedure for the transfer of benefits.

Furthermore, the Committee recalls that subsection 7(a) of section 50 of the Legislative Decree on Social Security of 1961 allows, subject to obligations undertaken in international agreements, the suspension of benefits where the beneficiary resides abroad. In these circumstances, the Committee hopes that the Government will be able to take the necessary measures (for example by issuing a circular) to ensure that the nationals of both the Democratic Republic of the Congo and of any other Member that has accepted the obligations of this Convention in respect of a given branch, as well as refugees and stateless persons, in the event of residence abroad, receive the long-term benefits provided under the branches accepted by the Democratic Republic of the Congo (invalidity, old age and employment injury), even if the beneficiary residing abroad did not benefit from the free transfer of his remuneration during his period of employment in the Democratic Republic of the Congo.

Articles 7 and 8. The Committee would be grateful if the Government would continue to provide information on the implementation of these provisions of the Convention, under which Members must endeavour, in particular through multilateral or bilateral agreements, to participate in schemes for the maintenance of acquired rights and rights in course of acquisition under their legislation.

Direct Request (CEACR) - adopted 1997, published 86th ILC session (1998)

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:

Article 5 of the Convention. In its previous comments on the transfer of benefits abroad, the Committee noted the Government's statement that two different cases should be distinguished: (a) where the beneficiary who is resident abroad had his remuneration transferred during his period of employment in the Democratic Republic of the Congo the benefits awarded to him are also transferred abroad upon simple request by the National Bank of the Democratic Republic of the Congo; (b) where the remuneration of the beneficiary was not transferable abroad during the period of employment in the Democratic Republic of the Congo, the Bank of the Democratic Republic of the Congo may, after a special request has been made by the beneficiary or his delegate, or by the bank in which the account has been opened, give special authorization for the transfer of benefits. In its latest report, the Government refers in this connection to sections 176(1) and 179(1) of the current exchange regulations. The Committee notes, however, that although these provisions refer to the transfer of remuneration and bonuses, they do not appear to regulate directly the procedure for the transfer of benefits.

Furthermore, the Committee recalls that subsection 7(a) of section 50 of the Legislative Decree on Social Security of 1961 allows, subject to obligations undertaken in international agreements, the suspension of benefits where the beneficiary resides abroad. In these circumstances, the Committee hopes that the Government will be able to take the necessary measures (for example by issuing a circular) to ensure that the nationals of both the Democratic Republic of the Congo and of any other Member that has accepted the obligations of this Convention in respect of a given branch, as well as refugees and stateless persons, in the event of residence abroad, receive the long-term benefits provided under the branches accepted by the Democratic Republic of the Congo (invalidity, old age and employment injury), even if the beneficiary residing abroad did not benefit from the free transfer of his remuneration during his period of employment in the Democratic Republic of the Congo.

Articles 7 and 8. The Committee would be grateful if the Government would continue to provide information on the implementation of these provisions of the Convention, under which Members must endeavour, in particular through multilateral or bilateral agreements, to participate in schemes for the maintenance of acquired rights and rights in course of acquisition under their legislation.

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

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 5 of the Convention. In its previous comments on the transfer of benefits abroad, the Committee noted the Government's statement that two different cases should be distinguished: (a) where the beneficiary who is resident abroad had his remuneration transferred during his period of employment in Zaire, the benefits awarded to him are also transferred abroad upon simple request by the National Bank of Zaire; (b) where the remuneration of the beneficiary was not transferable abroad during the period of employment in Zaire, the Bank of Zaire may, after a special request has been made by the beneficiary or his delegate, or by the bank in which the account has been opened, give special authorization for the transfer of benefits. In its latest report, the Government refers in this connection to sections 176(1) and 179(1) of the current exchange regulations. The Committee notes, however, that although these provisions refer to the transfer of remuneration and bonuses, they do not appear to regulate directly the procedure for the transfer of benefits.

Furthermore, the Committee recalls that subsection 7(a) of section 50 of the Legislative Decree on Social Security of 1961 allows, subject to obligations undertaken in international agreements, the suspension of benefits where the beneficiary resides abroad. In these circumstances, the Committee hopes that the Government will be able to take the necessary measures (for example by issuing a circular) to ensure that the nationals of both Zaire and of any other Member that has accepted the obligations of this Convention in respect of a given branch, as well as refugees and stateless persons, in the event of residence abroad, receive the long-term benefits provided under the branches accepted by Zaire (invalidity, old age and employment injury), even if the beneficiary residing abroad did not benefit from the free transfer of his remuneration during his period of employment in Zaire.

Articles 7 and 8. The Committee would be grateful if the Government would continue to provide information on the implementation of these provisions of the Convention, under which Members must endeavour, in particular through multilateral or bilateral agreements, to participate in schemes for the maintenance of acquired rights and rights in course of acquisition under their legislation.

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

The Committee notes the Government's report, and particularly the detailed information on the number and nationality of foreign workers employed in Zaire.

Article 5 of the Convention. In its previous comments on the transfer of benefits abroad, the Committee noted the Government's statement that two different cases should be distinquished: (a) where the beneficiary who is resident abroad had his remuneration transferred during his period of employment in Zaire, the benefits awarded to him are also transferred abroad upon simple request by the National Bank of Zaire; (b) where the remuneration of the beneficiary was not transferrable abroad during the period of employment in Zaire, the Bank of Zaire may, after a special request has been made by the beneficiary or his delegate, or by the bank in which the account has been opened, give special authorization for the transfer of benefits. In its latest report, the Government refers in this connection to sections 176(1) and 179(1) of the current exchange regulations. The Committee notes, however, that although these provisions refer to the transfer of remuneration and bonuses, they do not appear to regulate directly the procedure for the transfer of benefits.

Furthermore, the Committee recalls that subsection 7(a) of section 50 of the Legislative Decree on Social Security of 1961 allows, subject to obligations undertaken in international agreements, the suspension of benefits where the beneficiary resides abroad. In these circumstances, the Committee hopes that the Government will be able to take the necessary measures (for example by issuing a circular) to ensure that the nationals of both Zaire and of any other Member that has accepted the obligations of this Convention in respect of a given branch, as well as refugees and stateless persons, in the event of residence abroad, receive the long-term benefits provided under the branches accepted by Zaire (invalidity, old age and employment injury), even if the beneficiary residing abroad did not benefit from the free transfer of his remuneration during his period of employment in Zaire.

Articles 7 and 8. The Committee would be grateful if the Government would continue to provide information on the implementation of these provisions of the Convention, under which Members must endeavour, in particular through multilateral or bilateral agreements, to participate in schemes for the maintenance of acquired rights and rights in course of acquisition under their legislation.

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 and that it will contain full information on the matters raised in its previous direct request, which read as follows:

1. Article 5 of the Convention. In reply to the Committee's previous comments, the Government indicates that the provision of invalidity and old-age benefits and pensions in respect of employment accidents and occupational diseases, as well as death allowances are provided automatically without any restrictions, even in the absence of bilateral agreements, both to nationals of Zaire and nationals of other States Members in the event of beneficiaries being resident abroad. However, regarding the transfer of benefits paid into an account in Zaire, two different cases should be distinguished: (a) when the beneficiary, who is resident abroad, benefited from the transfer of remuneration during his period of employment in Zaire; benefits awarded to such persons will also be transferred abroad upon simple request by the National Bank of Zaire; (b) when the remuneration of the beneficiary was not transferrable abroad during the period of employment in Zaire; in these cases, the Bank of Zaire may, after a special request has been made by the beneficiary or a delegate of the beneficiary, or by the bank in which the account has been opened, give special authorisation for the transfer of benefits.

The Committee takes note with interest of this information and of the circular concerning the procedures for the application of the currency arrangement concluded between the central banks of the member States of the Economic Community of the Countries of the Great Lakes (CEPGL). It requests the Government to supply statistical information on any payment of benefits abroad and, where appropriate, of any law or regulation that is in force regarding the exchange and transfer of funds abroad.

2. Articles 7 and 8. The Committee notes that no new social security agreements have been concluded with other States parties to the Convention. It requests the Government to continue supplying information on any new agreement concluded with States parties to the Convention in order to guarantee the maintenance of acquired rights and rights in course of acquisition as provided for in the Convention.

3. The Committee notes the information on the number of foreign workers employed in private and semi-state-owned enterprises in Zaire. It also notes with interest that the Government will be able to supply in its next report more detailed data on the number and nationality of foreign workers employed in Zaire following the evaluation of the data compiled by the President's Study Service.

Direct Request (CEACR) - adopted 1988, published 75th ILC session (1988)

1. Article 5 of the Convention. In reply to the Committee's previous comments, the Government indicates that the provision of invalidity and old-age benefits and pensions in respect of employment accidents and occupational diseases, as well as death allowances are provided automatically without any restrictions, even in the absence of bilateral agreements, both to nationals of Zaire and nationals of other States Members in the event of beneficiaries being resident abroad. However, regarding the transfer of benefits paid into an account in Zaire, two different cases should be distinguished: (a) when the beneficiary, who is resident abroad, benefited from the transfer of remuneration during his period of employment in Zaire; benefits awarded to such persons will also be transferred abroad upon simple request by the National Bank of Zaire; (b) when the remuneration of the beneficiary was not transferrable abroad during the period of employment in Zaire; in these cases, the Bank of Zaire may, after a special request has been made by the beneficiary or a delegate of the beneficiary, or by the bank in which the account has been opened, give special authorisation for the transfer of benefits.

The Committee takes note with interest of this information and of the circular concerning the procedures for the application of the currency arrangement concluded between the central banks of the member States of the Economic Community of the Countries of the Great Lakes (CEPGL). It requests the Government to supply statistical information on any payment of benefits abroad and, where appropriate, of any law or regulation that is in force regarding the exchange and transfer of funds abroad.

2. Articles 7 and 8. The Committee notes that no new social security agreements have been concluded with other States parties to the Convention. It requests the Government to continue supplying information on any new agreement concluded with States parties to the Convention in order to guarantee the maintenance of acquired rights and rights in course of acquisition as provided for in the Convention.

3. The Committee notes the information on the number of foreign workers employed in private and semi-state-owned enterprises in Zaire. It also notes with interest that the Government will be able to supply in its next report more detailed data on the number and nationality of foreign workers employed in Zaire following the evaluation of the data compiled by the President's Study Service.