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

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

Articles 4 and 5 of the Convention - branch (g) (employment injury benefit). In its previous comments 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 entirely 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 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 report the Government indicates, concerning the discussions it was going to have with the insurance companies, that these talks have not yet led to a solution. It also indicates that an ILO/UNDP project on the introduction of a social security scheme is under discussion. In conformity with the observations of the Committee of Experts, a Decree amending the Accidents Regulations has been drafted and shortly this draft Decree will be presented by the Minister of Labour to the tripartite labour advisory board for advice. Lastly, the Government adds that although it is not explicitly so stated in the Accidents Regulations, section 6 and section 10, para. 6, of the Act mean that the insurance companies are legally obliged to guarantee the payment of periodical benefits abroad and the Act is implemented in this manner. As already stated in the previous reports, in situations of transfer of residence outside the country, requests for conversion into a lump sum have, even prior to the coming into force of Decree E-38, been granted by the Accidents Committee, in accordance with section 18, para. 2 of the Act, before the end of the three years' term.

The Committee notes this information with interest. It therefore considers that the Government should have no difficulty in giving full effect to these provisions 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).

The Committee consequently expresses again the hope that the above-mentioned draft Decree amending the Accidents Regulations will soon be adopted, and that section 6, subsection 8, of Decree No. 145 of 1947 will be repealed. It also hopes that machinery will be provided for the payment of benefits in the event of residence abroad. With respect to the above, the Committee requests the Government to supply any indication in regard to the adoption of the draft Social Security Act elaborated in the context of the ILO/UNDP project, which states in section 25(1)(g) that "regulations may provide for the treatment of benefit entitlement for persons no longer ordinarily resident in Suriname".

In addition, the Committee 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 once the above-mentioned three-year period has expired as well as to the dependants of injured persons where they are resident abroad.