Solicitud directa (CEACR) - Adopción: 1991, Publicación: 78ª reunión CIT (1991)

The Committee notes the information supplied in the Government's report and particularly the information on the following Articles of the Convention: Article 3, paragraph 1(a)(ii); Article 3, paragraph 2; and Article 4, paragraph 2.

Article 4, paragraph 3. In reply to the Committee's previous comments, the Government indicates that the cases in which the right to a pension is forfeited as set out in section 25 of Act No. 792 of 1978 are in conformity with this provision of the Convention. The Committee points out in this connection that paragraph 2(a) of section 25 provides for the forfeiture of the right to a pension if the seafarer has been convicted of collaboration with the enemy. This condition for forfeiture is not compatible with Article 4, paragraph 3, of the Convention which only authorises a forfeiture or suspension of the right to a pension in whole or in part if the person concerned has acted fraudulently. The Committee therefore hopes that the Government will take the appropriate measures to bring the national legislation into full conformity with the Convention on this point.