Demande directe (CEACR) - adoptée 2015, publiée 105ème session CIT (2016)

Convention (n° 118) sur l'égalité de traitement (sécurité sociale), 1962 - Guinée (Ratification: 1967)

Autre commentaire sur C118

Observation

Demande directe

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Article 3(1) of the Convention. Request for information on nationality. The Committee notes that the purpose of the requirement of section 57 of the Social Security Code to declare the nationality of the deceased insured person when submitting the application for survivor’s benefit is to facilitate the portability of such benefit and that the Government is contemplating the conclusion of agreements with the social security institutions of the West African subregion in relation to the transfer of rights of foreign affiliated persons. The Committee notes that the Government will send information in the near future on the measures taken in this respect, in the context of the provisions of the Economic Community of West African States (ECOWAS) General Convention on Social Security.

Article 3(1) (read in conjunction with Article 4(1)). Condition of residence. The Committee notes that under section 4(1) of the Social Security Code, coverage by the general social security scheme is granted without condition of residence and applies to all workers governed by the Labour Code who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (section 121.7 of the 2014 Labour Code). However, the right to family benefit, including family allowances and daily maternity allowances for women, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94(1) of the Social Security Code). Moreover, under section 109(2) of the Code, “only dependants of the worker as defined in relation to family benefit shall be covered for health care”, namely those who are resident in the Republic of Guinea. The Committee observes that, as regards branches (a) medical care, (c) maternity benefit and (i) family benefit, these provisions establish a condition of residence which seems to apply equally to nationals and to foreigners. Recalling that, according to Article 4(1) of the Convention, equality of treatment must in principle be accorded without condition of residence, the Committee requests the Government to clarify the manner in which entitlement to the abovementioned benefits is accorded to persons covered by the general social security scheme in Guinea, particularly where they are not covered by the ECOWAS General Convention on Social Security.

Articles 7 and 8. Conclusion of social security agreements. The Committee notes the conclusion in 2012 of the ECOWAS General Convention on Social Security, which is based, inter alia, on the principles established by the ILO Conventions on equality of treatment and the preservation of social security rights. The General Convention’s purpose, by ensuring an effective coordination of the social security systems of the member States, is to enable migrants who have worked in one of the member States to exercise their right to social security in their country of origin, and to improve the implementation of agreements on the free movement of persons within ECOWAS by facilitating the removal of territorial restrictions on the grant of benefits. The Committee requests the Government to provide information on the specific progress achieved through the conclusion of the ECOWAS Convention, particularly with respect to the coordination of the social security schemes of the member States. Furthermore, since it has not received the information previously requested on this matter, the Committee once again requests the Government to send a copy of the decree establishing the procedures for the application of the Social Security Code to temporary or casual workers, as prescribed by section 4(4) thereof. Even though the Committee is aware that the purpose of the provisions of the ECOWAS General Convention on Social Security is to facilitate labour migration within the subregion, the said provisions are not applicable to the nationals of third States, who, however, might be covered by Convention No. 118 where their State of origin is party to the latter instrument.