Social Security (Minimum Standards) Convention, 1952 (No. 102) - Niger (Ratification: 1966)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

In order to provide a comprehensive view of the issues relating to the application of the ratified Conventions on social security, the Committee considers it appropriate to examine Conventions Nos 18 (workers’ compensation, occupational diseases) and 102 (minimum standards) together.

Article 2 and Schedule appended to Convention No. 18. Occupational diseases. The Committee notes the Government’s reply to its previous comment, which referred to the new schedule of occupational diseases included in Decree No. 2015-641/PRN/MET/SS/MEF of 15 December 2015, amending and completing Decree No. 65-117/PRN/MFP/T of 18 August 1965 on work injuries and occupational diseases. The Committee notes the Government’s indication that diseases must be the result of a slow and durable aggression resulting from specific professional activities or from specific circumstances in which the work is performed, in order to be considered as having an occupational origin. These diseases are reflected in the tables in national legislation, which are constantly updated. The Government specifies that diseases that are not listed in these tables are not automatically recognized as having occupational origin with respect to a certain work activity or circumstance, as they must be declared by the employer instead. In this regard, the Committee recalls that the Convention provides that all poisonings by lead or mercury, their alloys or compounds and their sequelae, and all types of anthrax infection should be automatically considered as an occupational disease if resulting from work in the industries and processes listed in the Schedule appended to the Convention, and if they affect workers covered by national legislation. The Committee requests the Government to indicate if the professional activities to which it refers include all the industries and processes listed in the Schedule appended to the Convention, if performed in undertakings covered by national legislation, and if all types of anthrax infection or poisoning by lead and mercury, their alloys or compounds and their sequelae that affect workers engaged in the said trades or industries are considered as occupational diseases, as provided for by Article 2 of the Convention.

The Committee further requests the Government to supply information on the application of the Convention in practice, as indicated in the report form, regarding: (i) the number of workers employed in the industries and processes concerned; (ii) the number of cases of such diseases which have been reported; and (iii) the sums paid by way of compensation as benefits in cash and kind respectively.

Part V (Old-age benefit), Article 27, Part VI (Employment Injury benefit), Article 33, Part VII (Family benefit), Article 41, and Part VIII (Maternity benefit), Article 48 of Convention No. 102. Minimum standards of the Convention. Population coverage. Further to its previous comments on the development of the national social protection floor and the means of protection chosen for the provision of benefits under the Convention, the Committee observes that a national Strategy on Universal Health Coverage 2021-2030, aimed at strengthening access to medical care and services, was adopted in 2021 (Decree No. 2021-583 of 23 July 2021).

The Committee also observes that, according to the ILO World Social Protection Report 2020–22, only 20.6 per cent of the population is covered for at least one social protection benefit excluding health, and that only 5.8 per cent of older persons are protected by the social protection system. Furthermore, the ILO World Social Protection Database indicates that the proportion of workers not covered by the social security system remains very high, with self-employment representing 94.3 per cent of total employment, and informal employment, 73.4 per cent.

The Committee recalls that, in accordance with its Articles 27, 33, 41, and 48, the Convention requires a minimum percentage of population coverage to be attained for each of the Parts of the Convention that have been accepted by Niger. These Articles set out options in this regard, depending on the methods of protection in place for the provision of benefits in application of the Convention, namely old-age benefits, employment injury benefits, family benefits, and maternity benefits.

In view of the important gaps in population coverage observed and with a view to assessing whether the requirements of the Convention are met in this regard, the Committee requests the Government to provide up-to-date statistical information, as required under Articles 27, 33, 41, and 48, in conjunction with Article 76 of the Convention, on the percentage of persons protected by general and special schemes with respect to the accepted Parts of the Convention (Parts V, VI, VII, and VIII).

Recalling that the underlying objective of the Convention is to ensure that the largest number of workers enjoy the benefits provided for by the Convention for each of the Parts accepted, the Committee further requests the Government to indicate any measure envisaged to increase the legal and effective coverage of social security benefits, for example through the extension of existing benefits to other categories of workers, the strengthening of mechanisms for the transition from informal to formal employment, and/or the establishment of new benefits that could form part of a national social protection floor. Regarding the latter example, the Committee draws once again the Government’s attention to the fact that benefits ensuring basic income security for older persons (Part V (old-age benefit)) and for families with dependent children (Part VII (family benefit)), would give the possibility to consider the options envisaged in Articles 27(c) and 41(c), in conjunction with Article 67 of the Convention, for the purposes of applying the Convention.

Lastly, the Committee requests the Government to provide up-to-date information on the measures taken in implementation of the Strategy on Universal Health Coverage 2021-2030, especially in terms of the provision of medical care benefits to victims of employment injury and to women in case of maternity, in application of Articles 34 and 49 of the Convention, respectively.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

Minimum standards of the Convention and national social protection floor. The Government’s report describes the many areas of progress achieved in the implementation, within the framework of the social security system, of a national social protection floor, in accordance with the Social Protection Floors Recommendation, 2012 (No. 202). The formulation in 2015 of a preliminary proposal concerning the essential guarantees which could make up the social protection floor has resulted in a process of national dialogue undertaken with ILO support. A study on the budgetary resources necessary to finance the various elements of the social protection floor has been validated in a tripartite context, followed by the preparation of feasibility studies for the progressive implementation of universal health insurance.

With regard to the establishment of basic social security guarantees for all those in need of such protection, the Committee recalls that Convention No. 102 provides for the possibility of their implementation through basic benefits paid to all residents whose means do not exceed certain limits. The Committee requests the Government to specify the extent to which this option is taken into account in the introduction of the various elements that make up the national social protection floor, with an indication of the manner in which the new social protection mechanisms are articulated with the existing social security system. More particularly, with regard to the elements intended to ensure basic income security for persons over 65 years of age (Part IV (old-age benefit)) and basic income security for families with dependent children (part VII (family benefit)), the Committee invites the Government to consider the options envisaged in Articles 27(c) and 41(c) of the Convention, read in conjunction with Article 67.

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

For a number of years, the Committee has been noting the constant difficulties with which Niger is faced in trying to implement the provisions of the Convention. These may mainly be attributed to the fact that the national social security scheme was designed to cover the formal sector which, in the present state of the economy, accounts for less than five per cent of the economically active population in Niger. According to the World Social Security Report 2010–11, this country is continuing to experience adverse conditions from the standpoint of the low rate of coverage of its social security system, the poor quality of medical care (especially with respect to maternity), and the level of pensions – all this in the context of a low-life expectancy and a very high poverty rate among the population. In these circumstances, the Committee considers that the Convention’s objective to guarantee that the greatest number of workers receive the benefits provided for under the Convention for each of the contingencies accepted requires the introduction of more efficient programmes aimed at the informal economy and most vulnerable categories of the population.

The Committee notes that, with a view to providing guidance to States whose social security systems are experiencing difficulties on account of national economic and social conditions and guaranteeing that everyone is entitled to social security, the International Labour Conference adopted the Social Protection Floors Recommendation, 2012 (No. 202), designed to establish all the necessary social security guarantees to prevent and alleviate poverty, vulnerability and social exclusion. In the case of Niger, the Committee notes that the constituent branches of the social security system, for which Niger accepted the obligations under the Convention (Parts V–VIII), provide the necessary institutional mechanisms for building national social protection floors and extending basic social security guarantees to other sections of the population. From this standpoint, the implementation of the Convention and Recommendation No. 202 should be carried out in parallel, by identifying and drawing upon synergies and complementarities. In this context, the Committee notes with interest that the Decent Work Country Programme (DWCP) introduced in 2012 includes the drafting of a pilot programme aimed at institutionalizing a national social protection floor incorporating the informal sector. In order to attain this, the DWCP provides for, inter alia: integrating social protection policies within a national policy to create a national social protection floor; conducting a survey on social protection needs within the informal economy; and strengthening the capacities of actors in the area of social protection. The Committee would be grateful if the Government could provide in its next report information on the progress made with respect to the implementation of the national social protection floor, specifying the way in which the new social protection mechanisms are harmonized with the existing social security system.

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

The Committee notes the information provided by the Government in October 2006 in reply to its previous comments. The Government indicates in its report that, since 1 January 2006, the amount of the guaranteed minimum interoccupational wage (SMIG), which had not changed since 1980, has been increased by around 50 per cent, which has resulted de facto in an increase in the level of pensions. While noting this information with interest, the Committee recalls that no adjustment of pensions had taken place for over 25 years to take into account inflation and follow fluctuations in the general level of earnings in the country. So as to be in a better position to assess the effect of the increase in the SMIG on the level of social security benefits, the Committee would be grateful if the Government would indicate in its next report the benefits covered by this increase, their new minimum amounts and the resulting replacement rate in relation to the reference wage of an ordinary adult male labourer determined in accordance with the methodology envisaged in Article 66 of the Convention. With regard to the extent to which the total value of family benefit attains the level prescribed by Article 44 of the Convention, the Committee requests the Government to redo the calculation based on the reference wage referred to above or the amount of the SMIG if it corresponds to the wage actually received by an ordinary labourer.

The Government also indicates in its report that the conclusions of the actuarial study of the National Social Security Fund carried out with the technical assistance of the International Labour Office (actuarial evaluation of the National Social Security Fund as at 31 December 2002, ILO/RP/Niger/R.13, Geneva, ILO, February 2005) have been amended and strengthened in a tripartite context and have given rise to proposals for the reform of certain rules governing the operation of the Fund and the legal framework for certain benefits, including pensions. In this context, the Committee requests the Government to indicate the measures envisaged for the introduction of an automatic indexation mechanism for pensions as proposed in the above study and once again requests it to provide full statistical data on the adjustment of current periodical payments as required by the report form on the Convention under Title VI of Article 65. Furthermore, it draws the Government’s attention to the obligation to provide a reduced old-age pension, in accordance with Article 29, paragraph 2, of the Convention, instead of the old-age allowance in the form of a lump sum which is currently payable, to a person who has completed a qualifying period of 15 years of contribution or employment, without however fulfilling the requirement of 20 years of insurance coverage prescribed in section 13(1)(a) of Decree No. 67-025 of 1967. In this respect, the actuarial study shows that greater flexibility in the criteria for entitlement to periodical payments for retirement so that they are payable after only 15 years of affiliation to the scheme would only result in a slight increase in the cost of the old-age branch in the long term. With regard to the need to reduce from six to three months the qualifying period for entitlement to family allowances, in accordance with Article 43 of the Convention, the Committee notes the readiness of the Government to envisage this adaptation as soon as the economic situation of Niger and of its social security institution so permits. The Committee hopes that the Government will ensure that these issues are fully taken into account in the current process of social security reform and that it will indicate the progress achieved in its next report.

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

With reference to its observation, the Committee hopes that the Government’s next report will contain detailed information on the measures adopted or envisaged on the following points.

I. Situation of the legislation on social security

1. Part V (Old-age benefit), Articles 28 and 29 of the Convention. (a) Under the terms of section 15 of Decree No. 67-025 of 1967, the monthly amount of the old-age or invalidity pension is equal to 20 per cent of the average monthly remuneration which serves as a basis for the calculation of the pension. The average monthly remuneration is obtained by dividing the total remuneration subject to contributions for the three or five last years prior to the date of qualification for the pension by the number of civil months corresponding to this period, the choice being dictated by the interests of the insured person. The Committee requests the Government to indicate, if possible giving examples, the manner in which the average monthly remuneration is calculated in practice in cases in which the beneficiary, although meeting the conditions set out in section 13 of the Decree, has not paid contributions during the last three or five years prior to the date of qualification for the pension. The Committee would also like to be provided with information on the impact of this method of calculation on the amount of the old-age or invalidity benefit provided to such a beneficiary.

(b) The Committee requests the Government to indicate under which provision a reduced benefit is secured, in accordance with Article 29, paragraph 2, of the Convention, to a person protected who has completed a qualifying period of contribution or employment, without however fulfilling the requirement of 20 years of coverage required by section 13(1)(a) above.

2. Part VII (Family benefit), Article 43 (length of the qualifying period). With reference to its previous comments, the Committee once again draws the Government’s attention to the need to reduce to three months, in accordance with the Convention, the length of the qualifying period for entitlement to family allowances, which currently stands at six consecutive months of employment with one or several employers (sections 8 and 9 of Decree No. 65-116 of 18 August 1965).

3. Part XIII (Common provisions), Article 69(b) (in relation to Articles 30 and 38). Please indicate whether section 23(2) of Decree No. 67-025 of 1967, under which the benefit may be suspended when the insured person is serving a sentence of detention, has been amended in accordance with the indications provided in previous reports so as to enable the beneficiary of a pension to receive all her or his entitlements, even if he or she is maintained out of public funds.

II. Level of benefits

1. Part XI (Standards to be complied with by periodical payments). The Committee notes that the report contains the calculation of benefits according to the three formulae established in Articles 65, 66 and 67 of the Convention, taking the SMIG as the reference wage in each case. The report indicates that, for the calculation of benefits, the National Social Security Fund (CNSS) takes into account the SMIG and not the wage of a standard beneficiary which, in the context of Niger, is difficult to determine. In so doing, the Government refers to the interoccupational collective agreement, which determines the sector and class of economic activity of the standard beneficiary - a skilled manual male employee selected in accordance with Article 65, paragraph 6(b), or an ordinary adult male labourer selected in accordance with Article 66, paragraph 4(b). As this choice was not made in accordance with these provisions, the Committee observes that the Government does not appear to have understood the purpose and methodology established by the Convention for the selection of the standard beneficiary and the determination of the reference wage. The choice of the standard beneficiary, in accordance with Article 65 or Article 66 of the Convention, is necessary to determine the reference wage of a skilled or unskilled worker, on the basis of which it would be possible to undertake an objective comparison of the replacement rate of the benefits provided by the national schemes of the various Members and the level prescribed by the Convention. The calculation of benefits for a standard beneficiary, as required by the Convention, is therefore an exercise which serves solely as a means of supervising its application and for the purposes of international comparison of the replacement rates in member States. The Committee notes that, in the case of the social security system in Niger, this supervision and international comparison exercise is not possible as the wage of the standard beneficiary is not determined in accordance with the precise methodology established by the Convention, but as a function of the SMIG, which cannot correspond at the same time to the wage of a skilled employee and that of an ordinary labourer. As the SMIG must be nearer to the wage of an ordinary labourer, the Committee requests the Government to calculate the benefits in its next report solely on the basis of Article 66 of the Convention. Furthermore, to be able to use the SMIG as the reference wage in the context of Article 66, the report has to demonstrate that there is no variation between the SMIG and the wage actually received by an ordinary unskilled labourer in the manufacture of machinery other than electrical machinery, or defined in accordance with the provisions of Article 66, paragraph 5. Finally, the Committee draws the Government’s attention to the fact that Article 67 is applicable to social security schemes which protect all residents, and not only employees, as is the case in Niger.

2. Article 66, paragraph 8 (adjustment of current periodical payments). Under the terms of section 21 of Decree No. 67-025 of 1967, "the rates of current periodical payments provided as pensions may be reviewed by decree of the Council of Ministers on the proposal of the Minister of Labour following substantial changes in the general level of wages resulting from substantial changes in the cost of living, taking into account the financial possibilities of the pensions branch and as a function of changes in the guaranteed interoccupational minimum wage". In its report, the Government indicates that the social protection schemes managed by the CNSS provide for the rates of benefits to be reviewed in line with increases in the SMIG. However, there has been no increase in the SMIG since 1 October 1980, at which date it was set at 18,898 CFA francs. The low rate of the SMIG can be explained by the economic situation of the country.

The Committee therefore understands that there has been no readjustment of pensions for over 25 years to take into account the inflation that has occurred over that period and the changes in the general level of earnings. It also observes that the readjustment of pensions is blocked, as it is subordinated in law to changes in the SMIG. The Committee notes that the imposition of this additional requirement is not in accordance with Article 66, paragraph 8, of the Convention. In view of the importance that it attaches to the maintenance of the purchasing power of pensions, which are very frequently the main or only source of income for pensioners, the Committee hopes that the Government will take the necessary measures to remove this requirement from section 21 of Decree No. 67-025 of 1967 so as to ensure the readjustment of the rates of current periodical payments provided, among others, for old age and employment injury (with the exception of those covering temporary incapacity) following substantial changes in the general level of earnings resulting from substantial changes in the cost of living, as required by Article 66, paragraph 8, of the Convention. Please also provide the full statistical data required by the report form under Title VI, Article 65.

3. Part VII (Family benefit), Article 44 (total value of benefits). According to the statistics provided in the report, in 2002 the total amount of cash benefits provided to persons protected (1,694,076,908 CFA francs) was in excess of 3 per cent of the interoccupational guaranteed minimum wage (SMIG) multiplied by the total number of the children of all the persons protected (153,046). However, the Committee notes that the amount of the SMIG, namely 18,898 CFA francs, to which the Government refers, has not changed since 1980 and therefore no longer reflects the current amount of the wage of an ordinary adult male labourer determined in accordance with Article 66 of the Convention. Under these conditions, and so as to be able to assess the extent to which the total value of family benefits attains the level prescribed by the Convention, the Committee requests the Government to recalculate the total value of family benefits on the basis of the wage of an ordinary labourer, as specified in Article 44 of the Convention.

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

The Committee notes the detailed information and statistics on the calculation of the level of benefits provided by the Government in its report in 2004. With regard to the situation of the legislation respecting social security in Niger, it notes certain problems in the application of the provisions of the Convention that it has been raising for several years concerning, among other matters, the qualifying conditions for old-age benefit and family benefit, for which appropriate responses or solutions have still not been found. With regard to the calculation of benefits, it is almost impossible to assess whether the level prescribed by the Convention is attained due to the fact that the reference wage of a standard beneficiary is not determined according to the precise methodology set forth in Article 66 of the Convention, but as a function of the minimum guaranteed interoccupational wage (SMIG), which has not been increased since 1980. Finally, pensions have not been adjusted for over 25 years to take into account the inflation that has occurred over that period and to follow fluctuations in the general level of earnings, as the adjustment of pensions is subject under the law to changes in the level of the SMIG. The Committee is addressing all of these matters in detail in a request addressed directly to the Government. Furthermore, it draws the Government’s attention to the possibility of having recourse to ILO technical assistance.

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

1. Part V, Articles 28 and 29 (Old-age benefit). In answer to the Committee's previous comments, the Government indicates that insured persons who meet the requirements in section 13(1) of Decree No. 67-025 of 1967 are entitled to a normal old-age pension, the previous wage being the reference for determining the amount of the pension, in accordance with national practice. It adds that, as part of the proposed revision of the social security legislation, it is planned to replace the term "date of eligibility" by "date of termination of activity". The Committee notes this information. Pending the above-mentioned revision, it again asks the Government to indicate, with examples if possible, how the average monthly wage (provided for in section 15 of Decree No. 67-025 of 1967) which serves as the basis for determining the monthly amount of old age pension is calculated in practice, particularly when the beneficiary, even though he meets the conditions set out in section 13 of the above Decree, has not contributed for the three or five last years preceding the date of eligibility. The Committee would also appreciate information on how this method of calculation affects the amount of the old age pension paid to such a beneficiary.

The Committee also asks the Government to indicate under which provision a reduced benefit is granted, in accordance with paragraph 2 of Article 29 of the Convention, to a protected person who has completed a qualifying period of 15 years' contribution or employment but has not been registered for 20 years as required by section 13(1)(a) mentioned above.

2. Part VII (Family benefit), (a) Article 43 (Length of qualifying period). With reference to its previous comments, the Committee notes that the proposed revision of the texts concerning the length of the qualifying period for family allowances is still on the way. It therefore once again expresses the hope that the proposed revision will be adopted shortly and that it will reduce to three months, in accordance with the Convention, the length of the qualifying period for family allowances, which currently stands at six consecutive months' employment with one or several employers (sections 8 and 9 of Decree No. 65-116 of 18 August 1965).

(b) Article 44 (in relation to Article 76, paragraph 1(b)(ii)). The Committee notes the statistical information provided by the Government. It notes, however, that the amount of the minimum basic wage (18,898 CFA francs) to which the Government refers, does not seem to have varied since 1 October 1980 (according to the information supplied by the Government in its letter of 4 June 1987). In these circumstances, and in order to ascertain the extent to which the value of family benefits reaches the level prescribed by the Convention, the Committee asks the Government to provide the statistical information required under Article 44 in the report form adopted by the Governing Body, indicating, for the same reference period, in addition to the total amount of benefits in cash and in kind and the total number of children of all persons protected, the updated amount of the wage of an ordinary adult male labourer determined in accordance with Article 66 of the Convention.

3. Part XI, Article 65, paragraph 10, and Article 66, paragraph 8 (Revision of current periodical payments). In its previous comments the Committee asked the Government to provide information on the measures taken to ensure application of these provisions of the Convention which specify that periodical payments, particularly in respect of old age and employment injury (except those covering temporary incapacity) shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living. In its report, the Government indicates that there has been no wage increase since April 1981 and that, consequently, the above-mentioned benefits which are calculated on the basis of remuneration actually received cannot be changed.

The Committee notes this statement. It wonders, however, whether the general level of earnings has not changed since 1981 in view of the inflation registered since that date. In addition, in view of the importance that the Committee attaches to maintaining the purchasing power of pensions, which is very often the main if not the sole source of income of the persons concerned, the Committee again expresses the hope that the Government will take the necessary steps to ensure an increase in the rates of periodical payments for the above-mentioned contingencies, and that it will provide with its next report the statistical data required on this subject established in the manner indicated by the report form under Title VI, article 65.

4. Part XIII (Common provisions), Article 69(b) (in relation to articles 30 and 38). In answer to the comments the Committee has been making for several years, the Government indicates in its report that as part of the revision of the social security legislation, the abolition of the suspension of benefit when the insured person is serving a sentence of detention pursuant to section 23(2) of Decree No. 67-025 of 1967 has been advocated. It adds that such an amendment would enable the insured person to receive all his entitlements even if he is maintained out of public funds. The Committee notes this statement. It hopes, therefore, that the above-mentioned amendment to section 23(2) will be adopted shortly.

5. Part XIV (Miscellaneous provisions), Article 76, paragraph (b)(ii). Please supply the statistical information required under Article 65 in the report form (Titles I to V) concerning the level of old age, employment injury and maternity benefits. Please state in particular the updated amount of the wage of a skilled manual male worker selected in accordance with paragraph 6 or paragraph 7 of article 65.

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

1. The Committee notes the information supplied by the Government, and particularly the information concerning Article 76, paragraph 1(b)(ii), of the Convention (in conjunction with Article 65 or 66) concerning the amounts of old-age benefit, employment accident benefit and maternity benefit.

2. Part V (old-age benefit), Articles 28 and 29. In reply to the Committee's previous comments, the Government has supplied information on the system of a single allowance that is applicable in cases in which the conditions for the payment of an old-age pension have not been fulfilled. According to the report, insured persons who have not been able to pay contributions over the three or five last years prior to the pensionable date are only entitled to the provision of an allowance. The Committee wishes to draw the Government's attention to the fact that, according to section 13(1)(b) of Decree No. 67-025 of 1967, it is sufficient, as regards the conditions of entitlement to benefits, to have completed 60 months of insurance during the ten years prior to the pensionable date in order to be entitled to an old-age pension. The Committee therefore requests the Government to indicate whether an insured person who fulfils the conditions set out in section 13(1)(a) and has paid contributions during the 60 first months of the ten-year period prior to the pensionable date is entitled to a pension. If so, it would be grateful if the Government would indicate the rules and the manner of calculation of the reference wage that serves as a basis for determining the amount of the old-age pension.

3. Part VII (family benefit). (a) Article 43 (length of qualifying period). The Committee notes that an actuarial study of the social security scheme is being undertaken. It hopes that the results of this study will enable the Government to take the necessary measures to reduce to three months, in accordance with the Convention, the qualifying period for entitlement to family benefit, which is currently set at six consecutive months of work with one or several employers (sections 8 and 9 of Decree No. 65-116 of 18 August 1965), particularly since the report refers to a surplus in the family benefit branch.

(b) Article 44 (in conjunction with Article 76, paragraph 1(b)(ii)). The Committee notes the information supplied by the Government, and in particular the amount of the wages of a labourer. It notes, however, that the information that is provided is not sufficient to enable it to assess whether the total amount of family benefit provided reaches the level prescribed by the Convention. It therefore requests the Government to supply in its next report all the statistical information required by the report form adopted by the Governing Body under this Article of the Convention:

(1) the total amount of benefit in cash and in kind provided in respect of the children of the persons protected;

(2) the total number of children of persons protected;

(3) the total wage of an ordinary adult male labourer, determined in accordance with Article 66.

4. Part XI, Article 65, paragraph 10, and Article 66, paragraph 8 (review of current periodical payments). With reference to its general observation of 1989, the Committee would be grateful if the Government would supply information on the measures that have been taken to ensure the application of these provisions of the Convention, which specify that current periodical payments in respect of old age, employment injury (except in the case of temporary incapacity) shall be reviewed following substantial changes in the general level of earnings where these result from substantial changes in the cost of living.

5. Part XIII (common provisions), Article 69(b) (in conjunction with Articles 30 and 38). In its report, the Government refers once again to the studies that are under way to bring section 23(2) of Decree No. 67-025 of 1967 into conformity with Article 69(b) of the Convention, particularly as regards the suspension of the pension while the insured person serves a period of imprisonment. While noting this information, the Committee is bound once again to hope that it will be possible to supplement the national legislation in the near future by a provision that lays down, in accordance with the Convention, that as long as the insured person is maintained at public expense (as is the case with imprisonment) and the amount of the benefits exceeds the cost of such maintenance, the benefit in excess of the value of the maintenance shall be granted to the dependants of the beneficiary.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee refers to its observation in which it notes that the Government has not provided a report for the second consecutive year and again requests the Government to provide the following information in its next report.

1. Part V (Old-age benefit), Articles 28 and 29 of the Convention (in conjunction with either Article 65, or Article 66). In its previous comments, the Committee requested the Government to indicate the method of calculation of the reference wage used in determining the amount of old-age pension when the insured person, although fulfilling the conditions giving entitlement to a pension, laid down in section 13 of Decree No. 67-025 of 2 February 1967 (minimum age of 60 years, length of registration with the insurance scheme, cessation of all wage-earning activity), has been unable, for whatever reason, to pay contributions over the three or five years immediately preceding the qualifying date for the pension, laid down by section 15, subsection 1, of the above Decree for the calculation of the benefit. Since the Government did not provide a report and the information transmitted to the Conference Committee did not contain a detailed reply to this question, the Committee can only raise the matter again in the hope that the next report will contain detailed information on this matter and that it will also indicate the amount of the pension granted to a standard beneficiary when the periods of activity taken into consideration in establishing the eligibility of such a beneficiary for pension fall outside the three or five years immediately preceding the qualifying date for the pension.

2. Part VII of the Convention (Family benefit), Article 43 (length of qualifying period). The Committee has also pointed out over a number of years that sections 8 and 9 of Decree No. 65-116 of 18 August 1965, which prescribe a minimum qualifying period of six consecutive months of work with one or several employers for entitlement to family allowances, are not in conformity with the above-mentioned provision of the Convention. Under the Convention, family benefit must be secured at least to persons who have completed a qualifying period which may be three months of contribution or employment, or one year of residence, as may be prescribed by the national legislation.

In reply to these comments, the Government has stated several times that, owing to the current economic crisis, a reduction of the length of the qualifying period would constitute a threat to the financial equilibrium of the family allowance branch which has always registered a deficit because of the country's strong population growth, like other countries in the region. The Committee notes these statements but, while it is fully aware of the country's economic difficulties, it can only raise the question again in the hope that the Government will make every effort, particularly in the context of the actuarial study of the National Social Security Fund to be conducted shortly, to bring national legislation into full conformity with the Convention on this point (as has another country in the region which has ratified the Convention under this Part).

3. Part XIII (Common provisions), Article 69(b) (in conjunction with Articles 30 and 38). In reply to the Committee's previous comments, the Government had stated that national regulations contain no provision authorising the maintenance of old-age benefit and employment injury benefit in respect of the insured person's dependants when the insured person is serving a prison sentence. It none the less adds that the National Social Security Fund has undertaken a study with a view to amending section 23, subsection 2, of Decree No. 67-025 of 1967, which provides for the suspension of benefits in this case. The Committee, having noted this information with interest, expresses the hope once more that it will be possible to include a provision in the national legislation prescribing, in conformity with the Convention, that as long as the insured person is maintained at public expense (as is the case in imprisonment) and the amount of the benefits exceeds the cost of such maintenance, the benefit in excess of the value of the maintenance shall be granted to the dependants of the beneficiary.

4. Part XIV of the Convention (Miscellaneous provisions), Article 76. (a) In conjunction with Article 44. The Committee had noted the statistical data provided by the Government concerning the total value of the family allowances paid by the National Social Security Fund during the 1985-86 financial year. It again requests the Government to continue to provide such data in its future reports.

(b) In conjunction with Article 65 or 66. The Committee had requested the Government to provide statistical data in its future reports enabling it to ascertain the extent to which the amounts of old-age benefit, employment accident benefit and maternity benefit attain, during the period covered by these reports, the percentages prescribed by the Convention for a standard beneficiary (as appropriate, a man with a wife of pensionable age, a man with a wife and two children, a widow with two children or a woman alone); these percentages appear in the schedule to Part XI of the Convention. As the figures supplied are not sufficient to establish these percentages, the Committee again requests the Government to indicate in its next report, should it wish to avail itself of Article 65 of the Convention: (i) the amount of the wage of a skilled male manual worker and the amount of family allowances paid during employment; (ii) the amount of the benefits paid to a standard beneficiary for each of the above-mentioned contingencies, and the amount of the allowances to which the beneficiary would be entitled during the contingency in question. Should the Government wish to avail itself of Article 66 of the Convention, for the calculation of these benefits, it is requested to indicate the amount not of the wage of a skilled manual male worker but of the wage of an ordinary adult male labourer, and the amount of family allowances paid during employment, in addition to the other amounts referred to under point (ii) above (these data are required by the report form on the Convention under Article 65 or 66).

Observation (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes with regret that the Government's report has not been received for the second consecutive year. It hopes that a report will be provided for examination at its next session, containing full information on the measures taken in respect of the points raised in a direct request.