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

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

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

Article 1(2) of the Convention. Payment of pensions abroad. For many years, the Committee has been requesting the Government to amend section 95 of the Social Security Law No. 26 of 1991 with a view to ensuring equal treatment of foreign and national workers in respect of accident compensation. In its report, the Government indicates that the draft amendment of the abovementioned section was approved by the House of Representatives (Majlis al Nouwab) and submitted to the Presidency. However, the General Federation of Yemen’s Trade Unions requested the Presidency not to approve the draft amended law, as section 156(2) still specifies that pensions due to foreign insured persons or their dependants who return to their country of origin may not be transferred, according to the provisions of this law, unless there is a reciprocity agreement regulating it. In this regard, the Government indicates that coordination was ensured with the Public Corporation for Social Security, the General Federation of Yemen’s Trade Unions, the General Federation of Chambers of Commerce and Industry and the experts in social security so as to reformulate the amendments to the law. The Committee hopes that the reformulated amendments will be adopted soon so as to ensure transfer of benefits abroad to foreign workers from countries party to the Convention, as well as their dependants, regardless of the existence of reciprocity agreements. The Committee requests the Government to provide data for 2013, 2014, 2015 and 2016 on the number of pensions due to foreign insured persons or their dependants who return to their country of origin and the number of those persons actually paid.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 1(2) of the Convention. Payment of pensions abroad. For many years, the Committee has been requesting the Government to amend section 95 of the Social Security Law No. 26 of 1991 with a view to ensuring equal treatment of foreign and national workers in respect of accident compensation. In its report, the Government indicates that the draft amendment of the abovementioned section was approved by the House of Representatives (Majlis al Nouwab) and submitted to the Presidency. However, the General Federation of Yemen’s Trade Unions requested the Presidency not to approve the draft amended law, as section 156(2) still specifies that pensions due to foreign insured persons or their dependants who return to their country of origin may not be transferred, according to the provisions of this law, unless there is a reciprocity agreement regulating it. In this regard, the Government indicates that coordination was ensured with the Public Corporation for Social Security, the General Federation of Yemen’s Trade Unions, the General Federation of Chambers of Commerce and Industry and the experts in social security so as to reformulate the amendments to the law. The Committee hopes that the reformulated amendments will be adopted soon so as to ensure transfer of benefits abroad to foreign workers from countries party to the Convention, as well as their dependants, regardless of the existence of reciprocity agreements. The Committee requests the Government to provide data for 2013, 2014 and 2015 on the number of pensions due to foreign insured persons or their dependants who return to their country of origin and the number of those persons actually paid.

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

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

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

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

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:

Repetition

Article 1(2) of the Convention. Payment of pensions abroad. With reference to its previous comments, the Committee understands that the revision of the Social Insurance Code (Acts Nos 25 and 26 of 1991) has not yet been finalized, but that the Government will keep the Committee informed of any developments in this regard. The Committee therefore urges the Government to complete the process of amending section 95 of Act No. 26 of 1991 in order to guarantee the payment of pensions in case of residency abroad to nationals of a State which has ratified the Convention or to their dependants in the same conditions as to its own nationals and irrespective of the conclusion of any reciprocity agreement. Please specify the conditions under which pensions may currently be paid to Yemeni nationals in case of occupational accidents or to their dependants in the event of residency abroad, in accordance with paragraph 1 of section 95 of Act No. 26 above, and provide copies of relevant regulations adopted under this provision.

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

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 1(2) of the Convention. Payment of pensions abroad. With reference to its previous comments, the Committee understands from the Government’s report that the revision of the Social Insurance Code (Acts Nos 25 and 26 of 1991) has not yet been finalized, but that the Government will keep the Committee informed of any developments in this regard. The Committee therefore urges the Government to complete the process of amending section 95 of Act No. 26 of 1991 in order to guarantee the payment of pensions in case of residency abroad to nationals of a State which has ratified the Convention or to their dependants in the same conditions as to its own nationals and irrespective of the conclusion of any reciprocity agreement. Please specify the conditions under which pensions may currently be paid to Yemeni nationals in case of occupational accidents or to their dependants in the event of residency abroad, in accordance with paragraph 1 of section 95 of Act No. 26 above, and provide copies of relevant regulations adopted under this provision.

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

Article 1, paragraph 2, of the Convention. Payment of pensions abroad. With reference to its previous comments, the Committee understands from the Government’s report that the revision of the Social Insurance Code (Acts Nos 25 and 26 of 1991) has not yet been finalized, but that the Government will keep the Committee informed of any developments in this regard. The Committee therefore urges the Government to complete the process of amending section 95 of Act No. 26 of 1991 in order to guarantee the payment of pensions in case of residency abroad to nationals of a State which has ratified the Convention or to their dependants in the same conditions as to its own nationals and irrespective of the conclusion of any reciprocity agreement. Please specify the conditions under which pensions may currently be paid to Yemeni nationals in case of occupational accidents or to their dependants in the event of residency abroad, in accordance with paragraph 1 of section 95 of Act No. 26 above, and provide copies of relevant regulations adopted under this provision.

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

Article 1, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes the information supplied by the Government that the Committee set up to revise the Social Insurance Code (Acts Nos. 25 and 26 of 1991) has now completed its task, with the collaboration of the ILO. The Government indicates, however, that, for administrative reasons, the draft amendment was subsequently stopped by the General Corporation for Social Security. The Ministry of Labour will therefore coordinate with the latter in order to complete the necessary procedures and, eventually, submit the draft amendment to the competent authorities for its promulgation. In these circumstances, the Committee expresses the firm hope that the Government will, in the very near future, take all necessary measures to guarantee the application of the principle of equal treatment between national and foreign workers in respect of accident compensation by amending section 95 of Act No. 26 of 1991. It would be grateful if the Government would keep it informed of any progress made regarding the adoption of the above draft amendment. The Committee trusts that thereafter the payment of pensions due in the event of occupational accidents to foreign persons who are nationals of a State which has ratified the Convention or their dependants will be guaranteed under the same conditions as to its own nationals, irrespective of the conclusion of any reciprocity agreement.

The Committee also reiterates its requests to the Government to specify, in its next report, the conditions under which pensions may currently be paid to persons injured in an occupational accident or their dependants in the event of residence abroad, in accordance with paragraph 1 of section 95 of Act No. 26 above. Please state whether regulations have been adopted under this provision and, if so, provide a copy of them.

[The Government is asked to reply in detail to the present comments in 2008.]

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

Article 1, paragraph 2, of the Convention. With reference to its previous comments, the Committee notes the information supplied by the Government that the committee set up to revise the Insurance and Pensions Code and the Social Insurance Code (Acts Nos. 25 and 26 of 1991 respectively) has nearly completed the task. The revised texts will then be submitted for approval to the Council of Ministers and subsequently to the legislative authority.

The Committee again stresses the need to amend the provisions of section 95 of Act No. 26 of 1991 which also applies to the occupational accident compensation scheme. Under this section as it now stands, equal treatment for foreign workers and national workers in respect of accident compensation cannot be ensured. Paragraph 1 of section 95 provides that as a rule pensions may be paid to persons residing abroad only in the instances specified in regulations determining the conditions and procedures for such a transfer, while paragraph 2 allows transfer of the pension of foreign insured persons returning to their country of origin for good or their dependants only where reciprocity agreements are concluded regulating such transfers. Where there is no such agreement, foreign insured persons receive the difference between the amounts which have been paid to them as pension and the total contributions paid to the public insurance scheme. In these circumstances, the Committee hopes that the Government will take all necessary steps to ensure that the revision of Act No. 26 of 1991 is completed in the very near future. It trusts that thereafter the payment of pensions due in the event of occupational accidents to foreign persons who are nationals of a State which has ratified the Convention or their dependants will be guaranteed under the same conditions as to its own nationals, irrespective of the conclusion of any reciprocity agreement.

The Government is also asked to specify the conditions under which pensions are paid to persons injured in an occupational accident or their dependants in the event of residence abroad, in accordance with paragraph 1 of section 95 of Act No. 26 above. Please state whether regulations have been adopted under this provision and, if so, provide a copy of them.

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

Article 1, paragraph 2, of the Convention. In its earlier comments the Committee noted that by virtue of section 95, paragraph 1, of Act No. 26 of 1991, which also applies to the occupational accident compensation scheme, pensions can only be paid to persons residing outside the country in the cases set out by regulations determining the conditions and procedures for transfer of pensions, while, in accordance with the abovementioned section 95, paragraph 2, pensions can only be transferred to foreign insured persons and their dependants who return definitively to their countries if a reciprocal agreement governing such transfer exists. In the absence of such an agreement foreign nationals who leave the country receive the difference between the amounts which have been paid to them as pension and the total contributions paid to the public insurance scheme. The Committee therefore drew the Government's attention to the need to guarantee the payment of pensions due in the event of occupational accidents to foreign persons who are nationals of a country which has ratified the Convention or to their dependants under the same conditions as to its own nationals, irrespective of the conclusion of any reciprocity agreement.

In this connection the Government indicates in its report, that a commission composed of all the social partners has been established with a view to revising Acts Nos. 25 and 26 of 1991, on insurance and pensions. The commission will examine the obligations deriving from the Convention and will take account of the Committee's comments on section 95 of Act No. 26 of 1991, cited above.

The Committee notes this information. It hopes that the Government will take all necessary steps to undertake an early revision of Act No. 26 of 1991, taking due account of its comments so as to ensure full application of Article 1, paragraph 2, of the Convention. It requests the Government to transmit a copy of all legislation adopted in this connection.

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

The Committee notes with regret that for the third time in succession the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes Act No. 25 of 1991 respecting insurance and pensions and Act No. 26 of 1991 respecting social insurance schemes, the provisions of which cover respectively compensation for occupational accidents in the mixed and public sectors and in the private sector. The Committee would be grateful if the Government would supply copies of the regulations made under section 99 of Act No. 25 of 1991 and sections 5 and 9(2) of Act No. 26 of 1991.

The Committee also wishes to draw the Government's attention to the following point.

Article 1, paragraph 2, of the Convention. By virtue of section 95(1) of Act No. 26 of 1991, which also applies to the occupational accident compensation scheme, pensions can only be paid to persons residing outside the country in the cases set out by regulations determining the conditions and procedures for transfer of pension, while, in accordance with the second paragraph of section 95, paragraph 2, pensions can only be transferred to foreign insured persons and their dependants who return definitively to their countries if a reciprocal agreement governing such transfers exists. In the absence of such an agreement, foreign nationals who leave the country receive the difference between the amounts which have been paid to them as pension and the total contributions paid to the public insurance scheme.

The Committee recalls in this connection that Yemen, by ratifying the Convention, undertook to grant to the nationals of any other State which has also ratified the Convention the same treatment in respect of workmen's compensation as it grants to its own nationals, without any condition of reciprocity and irrespective of the conclusion of bilateral agreements. In view of this position, the Committee would be grateful if the Government would indicate in its next report the measures that have been taken or are envisaged to guarantee the payment of pensions due in the event of occupational accidents to foreign persons who are nationals of a country which has ratified the Convention or to their dependants under the same conditions as to its own nationals, irrespective of the conclusion of any reciprocity agreement. It also requests the Government to indicate in its next report the conditions under which pensions are granted to the victims of occupational accidents or their survivors in the case of their residence abroad under the terms of paragraph 1 of section 95 of Act No. 26. Finally, it would be grateful if the Government would supply a copy of any regulation adopted under this provision.

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

The Committee notes with regret that for the second time in succession the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which read as follows:

The Committee notes Act No. 25 of 1991 respecting insurance and pensions and Act No. 26 of 1991 respecting social insurance schemes, the provisions of which cover respectively compensation for occupational accidents in the mixed and public sectors and in the private sector. The Committee would be grateful if the Government would supply copies of the regulations made under section 99 of Act No. 25 of 1991 and sections 5 and 9(2) of Act No. 26 of 1991.

The Committee also wishes to draw the Government's attention to the following point.

Article 1, paragraph 2, of the Convention. By virtue of section 95(1) of Act No. 26 of 1991, which also applies to the occupational accident compensation scheme, pensions can only be paid to persons residing outside the country in the cases set out by regulations determining the conditions and procedures for transfer of pension, while, in accordance with the second paragraph of section 95, paragraph 2, pensions can only be transferred to foreign insured persons and their dependants who return definitively to their countries if a reciprocal agreement governing such transfers exists. In the absence of such an agreement, foreign nationals who leave the country receive the difference between the amounts which have been paid to them as pension and the total contributions paid to the public insurance scheme.

The Committee recalls in this connection that Yemen, by ratifying the Convention, undertook to grant to the nationals of any other State which has also ratified the Convention the same treatment in respect of workmen's compensation as it grants to its own nationals, without any condition of reciprocity and irrespective of the conclusion of bilateral agreements. In view of this position, the Committee would be grateful if the Government would indicate in its next report the measures that have been taken or are envisaged to guarantee the payment of pensions due in the event of occupational accidents to foreign persons who are nationals of a country which has ratified the Convention or to their dependants under the same conditions as to its own nationals, irrespective of the conclusion of any reciprocity agreement. It also requests the Government to indicate in its next report the conditions under which pensions are granted to the victims of occupational accidents or their survivors in the case of their residence abroad under the terms of paragraph 1 of section 95 of Act No. 26. Finally, it would be grateful if the Government would supply a copy of any regulation adopted under this provision.

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:

The Committee notes Act No. 25 of 1991 respecting insurance and pensions and Act No. 26 of 1991 respecting social insurance schemes, the provisions of which cover respectively compensation for occupational accidents in the mixed and public sectors and in the private sector. The Committee would be grateful if the Government would supply copies of the regulations made under section 99 of Act No. 25 of 1991 and sections 5 and 9(2) of Act No. 26 of 1991.

The Committee also wishes to draw the Government's attention to the following point.

Article 1, paragraph 2, of the Convention. By virtue of section 95(1) of Act No. 26 of 1991, which also applies to the occupational accident compensation scheme, pensions can only be paid to persons residing outside the country in the cases set out by regulations determining the conditions and procedures for transfer of pension, while, in accordance with the second paragraph of section 95, paragraph 2, pensions can only be transferred to foreign insured persons and their dependants who return definitively to their countries if a reciprocal agreement governing such transfers exists. In the absence of such an agreement, foreign nationals who leave the country receive the difference between the amounts which have been paid to them as pension and the total contributions paid to the public insurance scheme.

The Committee recalls in this connection that Yemen, by ratifying the Convention, undertook to grant to the nationals of any other State which has also ratified the Convention the same treatment in respect of workmen's compensation as it grants to its own nationals, without any condition of reciprocity and irrespective of the conclusion of bilateral agreements. In view of this position, the Committee would be grateful if the Government would indicate in its next report the measures that have been taken or are envisaged to guarantee the payment of pensions due in the event of occupational accidents to foreign persons who are nationals of a country which has ratified the Convention or to their dependants under the same conditions as to its own nationals, irrespective of the conclusion of any reciprocity agreement. It also requests the Government to indicate in its next report the conditions under which pensions are granted to the victims of occupational accidents or their survivors in the case of their residence abroad under the terms of paragraph 1 of section 95 of Act No. 26. Finally, it would be grateful if the Government would supply a copy of any regulation adopted under this provision.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes Act No. 25 of 1991 respecting insurance and pensions and Act No. 26 of 1991 respecting social insurance schemes, the provisions of which cover respectively compensation for occupational accidents in the mixed and public sectors and in the private sector. The Committee would be grateful if the Government would supply copies of the regulations made under section 99 of Act No. 25 of 1991 and sections 5 and 9(2) of Act No. 26 of 1991.

The Committee also wishes to draw the Government's attention to the following point.

Article 1, paragraph 2, of the Convention. By virtue of section 95(1) of Act No. 26 of 1991, which also applies to the occupational accident compensation scheme, pensions can only be paid to persons residing outside the country in the cases set out by regulations determining the conditions and procedures for transfer of pension, while, in accordance with the second paragraph of section 95, pensions can only be transferred to foreign insured persons and their dependants who return definitively to their countries if a reciprocal agreement governing such transfers exists. In the absence of such an agreement, foreign nationals who leave the country receive the difference between the amounts which have been paid to them as pension and the total contributions paid to the public insurance scheme.

The Committee recalls in this connection that Yemen, by ratifying the Convention, undertook to grant to the nationals of any other State which has also ratified the Convention the same treatment in respect of workmen's compensation as it grants to its own nationals, without any condition of reciprocity and irrespective of the conclusion of bilateral agreements. In view of this position, the Committee would be grateful if the Government would indicate in its next report the measures that have been taken or are envisaged to guarantee the payment of pensions due in the event of occupational accidents to foreign persons who are nationals of a country which has ratified the Convention or to their dependants under the same conditions as to its own nationals, irrespective of the conclusion of any reciprocity agreement. It also requests the Government to indicate in its next report the conditions under which pensions are granted to the victims of occupational accidents or their survivors in the case of their residence abroad under the terms of paragraph 1 of section 95 of Act No. 26. Finally, it would be grateful if the Government would supply a copy of any regulation adopted under this provision.