Demande directe (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

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:

1. Part II (Invalidity benefit), Article 9; Part III (Old-age benefit), Article 16; and Part IV (Survivors' benefit), Article 22 of the Convention. With reference to its previous comments, the Committee notes that the Government confines itself to stating that all workers, trainees and self-employed workers are covered by the social security scheme, but that it does not supply statistics to permit an assessment of the manner in which the Convention is applied in practice. The Committee is therefore bound to hope that the Government will be able to indicate in its next report whether, in respect of the coverage of these various contingencies, it uses clause (a) or (b) of paragraph 1 of each of the above Articles, and that it will also be able to supply the statistics referred to in the report form on the Convention.

2. Part IV (Survivors' benefit), Article 24, paragraph 2. The Committee once again requests the Government to indicate the minimum period of contributions or employment required for entitlement to a survivors' pension. It also requests the Government to supply, where appropriate, the texts of regulations adopted under section 21(c) of Act No. 13 of 1980.

3. Part V (Standards to be complied with by periodical payments), Articles 26, 27 or 28, in conjunction with Part II (Invalidity benefit: Article 10), Part III (Old-age benefit: Article 17) and Part IV (Survivors' benefit: Article 23). (a) The Government is once again requested to supply the statistical information called for by the report form adopted by the Governing Body, under Titles I to IV of Article 26 or Article 27 of the Convention, whichever of these Articles is used for the purpose of comparing the level of periodical payments provided for by national legislation with the level prescribed in the Convention. The Committee would like to know in particular the wage of a skilled manual male employee (determined in accordance with Article 26, paragraph 6), if Article 26 is used for the calculation of benefits, or the wage of an ordinary adult male labourer (determined in accordance with Article 27, paragraph 4), if Article 27 of the Convention is used.

(b) The Committee notes with interest the information supplied by the Government concerning the conditions for the award of the minimum level of the total disability pension.

4. Part VI (Common provisions), Article 34, paragraph 2. The Committee once again requests the Government to indicate whether the appeal procedures referred to by Article 34 of the Convention permit the claimant to be represented or assisted, in accordance with paragraph 2 of the above Article, and to supply the text of the regulations on the settlement of disputes to which the Government refers.

5. Part VI (Common provisions), Article 35. The Committee notes the information supplied by the Government and the text of Decision No. 1109 of 1990 of the People's General Committee concerning the organization of the social security fund. It requests the Government to indicate whether the necessary actuarial studies and calculations concerning the financial equilibrium of social security are made periodically and, if so, to supply the results of these studies.