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

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Suriname (Ratification: 1976)

Article 5 of the Convention (branch g: employment injury benefit). In the previous comments that it has been making for a number of years the Committee drew the Government's attention to the fact that section 6, subsection 8, of the Accidents Regulations (Decree No. 145 of 1947) as amended by Decree E-38 of 20 January 1983 is not in conformity with the Convention in so far as it provides only for the possibility for a beneficiary to request the conversion of his employment injury pension into a lump sum if he transfers his residence abroad before the expiry of a three-year period from the date of the accident. In fact under this provision of the Convention employment injury pensions must continue to be paid without restriction where the beneficiary, whether a national of Suriname or of any State that has accepted the obligations of the Convention in respect of this branch, transfers his residence outside the territory.

In its previous reports the Government had indicated that a draft Decree amending the Accidents Regulations was prepared taking into account the observations of the Committee. It had also referred to an ILO/UNDP project on the introduction of a social security scheme under which a draft Social Security Act was elaborated; section 25(1)(g) of this draft specifies that "regulations may provide for the treatment of benefit entitlement for persons no longer ordinarily resident in Suriname". In its last report, however, the Government states only that an interdepartmental committee is advising the Ministry of Social Affairs on the draft social security system.

The Committee notes this information. It believes that, pending the introduction of the social security system, the Government should have no difficulty in giving full effect to this provision of the Convention by expressly removing all restrictions on payment abroad of periodical benefits payable in cases of permanent disability, even if the degree of incapacity is still subject to review (but without prejudice to any measures that might be taken, in particular within the framework of arrangements and agreements contemplated by Articles 9 and 11 of the Convention in order to avoid cumulation of benefits and provide for checking of the condition of injured persons resident abroad).

Consequently the Committee again expresses the hope that the necessary measures will be adopted soon in order to repeal section 6, subsection 8, of Decree No. 145 of 1947. It also hopes that machinery will be provided to ensure in law and in practice the payment of employment injury pension in the event of residence abroad, and that the Government will indicate any progress made in this respect and with regard to the adoption of the draft Social Security Act.

In addition, the Committee once again requests the Government to specify the laws, regulations or other provisions whereby the payment of employment injury pensions abroad is guaranteed to injured persons after the above-mentioned three-year period provided for by the Accident Regulations has expired as well as to the dependants of injured persons where they are resident abroad.

[The Government is asked to report in detail for the period ending 30 June 1993.]