Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Equality of Treatment (Accident Compensation) Convention, 1925 (No. 19) - Mali (Ratification: 1964)

The Committee notes the information communicated by the Government in its report and would like to draw the Government’s attention to the following point.

Article 1, paragraphs 1 and 2, of the Convention. Payment abroad of occupational accident compensation. The Committee notes that, by virtue of section 136 of the Social Security Code of 1999, foreign nationals who have suffered occupational accidents and who come from countries which are not linked to Mali by a reciprocal agreement on the matter, or which are not party to Convention No. 19, no longer continue to receive their regular benefits in the event of a transfer of residence outside the monetary zone to which Mali belongs. Such individuals receive instead a lump sum equal to three times the amount of the annuity they had been granted. Conversely, nationals of the countries party to this Convention seem to continue to receive their regular benefits in the event of a transfer of residence outside of the abovementioned zone. In its last report, the Government indicates however that no steps have yet been taken to ensure that the special arrangements agreed with certain countries, in relation to the transfer of compensation payments in the case of occupational accidents, are applicable to all foreign workers who are nationals of a State that has ratified the Convention. The Government also provides a description of the reciprocal regimes instituted by means of bilateral agreements with France, Burkina Faso, Mauritania and Senegal.

Since the Convention guarantees, without any condition of residence, equality of treatment between national workers and workers from other countries party to the Convention in the case of occupational accidents, the Committee would be grateful if the Government would indicate, in its next report, the manner in which national regulations and practice guarantee that a person originating from a country that has ratified the Convention and who has suffered an occupational accident in Mali would have the right to continue receiving his benefits abroad in all the cases where this is possible for Malian nationals.

The Committee also asks the Government, once again, to provide with its next report, information, particularly statistics, on the number of workers and the origins of foreign workers employed in Mali, the number of occupational accidents they have suffered and, where appropriate, the amount of the benefits that would have been transferred in the event of the residence abroad of these victims or their dependants.