Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Guinea (Ratification: 1967)

Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, which has been due since 2016, has not been received. In light of the urgent call made to the Government in 2020, the Committee is therefore proceeding with the examination of the application of the Convention on the basis of the information available.

Articles 3(1) and 4(1) of the Convention. Condition of the residence of workers for entitlement to benefit. In its previous comments, the Committee requested the Government to clarify the manner in which entitlement to medical care, maternity benefit and family benefit is accorded to persons covered by the general social security scheme, particularly where they are not covered by the Economic Community of West African States (ECOWAS) General Convention on Social Security. The Committee notes that section 4(1) of the Social Security Code provides that all workers governed by the Labour Code are covered by the general social security scheme and that the Labour Code applies to all contracts performed on the national territory, irrespective of where the contract was concluded and the place of residence of either party to the contract (section 121(7) of the Labour Code, the Act of 10 January 2010). However, entitlement to family benefits, including family allowances and daily maternity benefits (sections 93 and 94(1) of the Social Security Code), and entitlement to health care (section 109(2) of the Social Security Code), is only granted to workers who are resident on the national territory. The Committee requests the Government to indicate whether the residence condition set out in the above sections of the Social Security Code for entitlement to family allowances, maternity benefit and health care, applies to all workers, irrespective of whether or not they are nationals, and particularly to nationals of other Member States for which the Convention is in force, in accordance with Articles 3(1) and 4(1) of the Convention.

Articles 5, 7 and 8. Provision of benefits abroad, maintenance of acquired rights and rights in course of acquisition and conclusion of social security agreements. In its previous comment, the Committee noted the conclusion in 2012 of the ECOWAS General Convention on Social Security based on the principles established by ILO Conventions on equality of treatment and the maintenance of acquired rights and rights in course of acquisition with the objective, among others, of ensuring the effective coordination of social security systems so that migrant workers who have worked in one of the ECOWAS Member States can exercise their right to social security in their country of origin. The Committee requests the Government to indicate the specific progress made in the implementation of the ECOWAS General Convention on Social Security, particularly in relation to the coordination of the social security schemes of the countries that are parties to that Convention.

The Committee also requests the Government to provide information on any measures adopted or envisaged, and particularly the conclusion of any other multilateral or bilateral agreements, with a view to ensuring:

• - the maintenance of acquired rights and rights in course of acquisition with Members for which the Convention is in force and which are not ECOWAS Member States in relation to old-age benefits, survivors’ benefits and death grants, and employment injury pensions, in accordance with Articles 7 and 8 of the Convention; and
• - the provision of the above benefits abroad to its own nationals and to the nationals of any other country which has accepted the obligations of the Convention in respect of the same branches of social security, in accordance with Article 5 of the Convention.

Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes with deep concern that the Government’s report, which has been due since 2016, has not been received. In light of the urgent call made to the Government in 2020, the Committee is therefore proceeding with the examination of the application of the Convention on the basis of the information available.

Article 5 of the Convention. Payment of benefits abroad. In its previous comments, the Committee noted the conclusion in 2012 of the Economic Community of West African States (ECOWAS) General Convention on Social Security, which aims to enable migrant workers who have worked in one of the 15 ECOWAS Member States to exercise their right to social security in their country of origin through the coordination of national social security systems, while noting that Cabo Verde was however the only other ECOWAS Member State that had ratified Convention No. 118. The Committee recalls that, under the terms of Article 5(1), Guinea is under the obligation to guarantee the provision of old-age benefits, survivors’ benefits and death grants, and employment injury pensions to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention in respect of these branches, when they are resident abroad. The Committee requests the Government to indicate whether, as provided in section 91 of the Social Security Code, issued by Act No. L/94/006/CTRN of 14 February 1994, the provision of the above benefits is guaranteed in practice to nationals of other States that are parties to the Convention which have accepted the same branches, when they are resident abroad. In this regard, the Committee once again requests the Government to indicate whether a procedure for the transfer of benefits abroad has been established by the National Social Security Fund and to indicate whether procedures are also envisaged in the case of residence in a third country. The Committee also once again requests the Government to indicate whether Guinea nationals who transfer their residence abroad can also receive their benefits abroad, in accordance with Article 5 of the Convention.

Articles 6 and 10. Payment of benefits to families. With reference to the comments that it has been making for many years concerning the provision of family allowances to workers whose children are resident abroad, the Committee noted in its previous comment that, under the terms of section 94(2) of the Social Security Code, to be entitled to family benefit, dependent children must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Organization, reciprocal agreements or bilateral or multilateral agreements. The Committee recalls that, in accordance with Article 6 of the Convention, any State which has accepted the obligations of the Convention for branch (i) of Article 2 (family benefit), shall guarantee the grant of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch, in respect of children who reside on the territory of any such Member, under conditions and within limits to be agreed upon by the Members concerned. Article 10(1) of the Convention also provides that the provisions of the Convention apply to refugees and stateless persons without any condition of reciprocity.

In the absence of updated information at its disposal on this matter, the Committee once again requests the Government to indicate whether family benefit is also provided for insured persons who are up to date with their contributions, whether they are nationals of Guinea or of States which have accepted the obligations of the Convention for branch (i) of Article 2 (family benefit), whose children are resident on the territory of one of the States that has ratified the Convention and accepted the obligations for the same branch, in accordance with Article 6 of the Convention, as well as to refugees and stateless persons without any condition of reciprocity, as provided in Article 10(1) of the Convention. The Committee also reiterates its request to the Government to provide information on the manner in which, in such cases, the lifting of the condition of residence in accordance with the above provisions of the Convention is harmonized in practice with the application of section 99(2) of the Social Security Code, which only recognizes as dependent those children who live with the insured person, and with section 101, under which the provision of family allowances is subject to an annual medical examination of the child, up to the age at which the child comes under the school medical service and the care provided to those attending educational or vocational training courses.

The Committee is raising other matters in a request addressed directly to the Government.

Direct Request (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

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.

Observation (CEACR) - adopted 2020, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2021, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 5 of the Convention. Payment of benefits in the case of residence abroad. Referring to its previous comments, the Committee notes with interest the conclusion in 2012 of the Economic Community of West African States (ECOWAS) General Convention on Social Security, which aims in particular to enable migrant workers who have worked in one of the 15 ECOWAS member States to exercise their right to social security in their country of origin through the coordination of national social security systems. However, since Cabo Verde is the only other ECOWAS member State that has ratified Convention No. 118, the Committee requests the Government once again to indicate whether, as it understands from its reading of section 91 of the Social Security Code, nationals of any State that has accepted the obligations of the Convention for the corresponding branch should in principle be able to claim payment of their benefits in the case of residence abroad. If so, the Committee requests the Government to indicate whether a procedure for the transfer of benefits abroad has been established by the National Social Security Fund to meet any requests for the transfer of benefits abroad. In addition, the Committee requests the Government to clarify whether any Guinean nationals transferring their residence abroad would also be entitled to have their benefits transferred abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention.

Article 6. Payment of family benefit. Referring to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94(2) of the Social Security Code, to be entitled to family benefit, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. The Committee notes that the Government’s report does not provide any information in this respect and hopes that the Government will be able to confirm formally in its next report that the payment of family benefit will also be extended to cover insured persons up to date with their contributions (whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i)) whose children reside in the territory of one of these States and not in Guinea. The Committee also requests information as to how the condition of residence is dispensed with in these cases for the application of section 99(2) of the Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where he or she comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

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.

Observation (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes with deep concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments. The Committee informs the Government that, if it has not supplied replies to the points raised by 1 September 2020, then it may proceed with the examination of the application of the Convention on the basis of the information at its disposal at its next session.

Repetition

Article 5 of the Convention. Payment of benefits in the case of residence abroad. Referring to its previous comments, the Committee notes with interest the conclusion in 2012 of the Economic Community of West African States (ECOWAS) General Convention on Social Security, which aims in particular to enable migrant workers who have worked in one of the 15 ECOWAS member States to exercise their right to social security in their country of origin through the coordination of national social security systems. However, since Cabo Verde is the only other ECOWAS member State that has ratified Convention No. 118, the Committee requests the Government once again to indicate whether, as it understands from its reading of section 91 of the Social Security Code, nationals of any State that has accepted the obligations of the Convention for the corresponding branch should in principle be able to claim payment of their benefits in the case of residence abroad. If so, the Committee requests the Government to indicate whether a procedure for the transfer of benefits abroad has been established by the National Social Security Fund to meet any requests for the transfer of benefits abroad. In addition, the Committee requests the Government to clarify whether any Guinean nationals transferring their residence abroad would also be entitled to have their benefits transferred abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention.

Article 6. Payment of family benefit. Referring to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94(2) of the Social Security Code, to be entitled to family benefit, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. The Committee notes that the Government’s report does not provide any information in this respect and hopes that the Government will be able to confirm formally in its next report that the payment of family benefit will also be extended to cover insured persons up to date with their contributions (whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i)) whose children reside in the territory of one of these States and not in Guinea. The Committee also requests information as to how the condition of residence is dispensed with in these cases for the application of section 99(2) of the Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where he or she comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It expects that the next report will contain full information on the matters raised in its previous comments initially made in 2015.

Repetition

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.

Observation (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes with concern that the Government’s report has not been received. It is therefore bound to repeat its previous comments initially made in 2015.

Repetition

Article 5 of the Convention. Payment of benefits in the case of residence abroad. Referring to its previous comments, the Committee notes with interest the conclusion in 2012 of the Economic Community of West African States (ECOWAS) General Convention on Social Security, which aims in particular to enable migrant workers who have worked in one of the 15 ECOWAS member States to exercise their right to social security in their country of origin through the coordination of national social security systems. However, since Cabo Verde is the only other ECOWAS member State that has ratified Convention No. 118, the Committee requests the Government once again to indicate whether, as it understands from its reading of section 91 of the Social Security Code, nationals of any State that has accepted the obligations of the Convention for the corresponding branch should in principle be able to claim payment of their benefits in the case of residence abroad. If so, the Committee requests the Government to indicate whether a procedure for the transfer of benefits abroad has been established by the National Social Security Fund to meet any requests for the transfer of benefits abroad. In addition, the Committee requests the Government to clarify whether any Guinean nationals transferring their residence abroad would also be entitled to have their benefits transferred abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention.

Article 6. Payment of family benefit. Referring to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94(2) of the Social Security Code, to be entitled to family benefit, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. The Committee notes that the Government’s report does not provide any information in this respect and hopes that the Government will be able to confirm formally in its next report that the payment of family benefit will also be extended to cover insured persons up to date with their contributions (whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i)) whose children reside in the territory of one of these States and not in Guinea. The Committee also requests information as to how the condition of residence is dispensed with in these cases for the application of section 99(2) of the Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where he or she comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee expects that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It hopes that the next report will contain full information on the matters raised in its previous comments.

Repetition

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.

Observation (CEACR) - adopted 2016, published 106th ILC session (2017)

The Committee notes that the Government’s report has not been received. It is therefore bound to repeat its previous comments.

Repetition

Article 5 of the Convention. Payment of benefits in the case of residence abroad. Referring to its previous comments, the Committee notes with interest the conclusion in 2012 of the Economic Community of West African States (ECOWAS) General Convention on Social Security, which aims in particular to enable migrant workers who have worked in one of the 15 ECOWAS member States to exercise their right to social security in their country of origin through the coordination of national social security systems. However, since Cabo Verde is the only other ECOWAS member State that has ratified Convention No. 118, the Committee requests the Government once again to indicate whether, as it understands from its reading of section 91 of the Social Security Code, nationals of any State that has accepted the obligations of the Convention for the corresponding branch should in principle be able to claim payment of their benefits in the case of residence abroad. If so, the Committee requests the Government to indicate whether a procedure for the transfer of benefits abroad has been established by the National Social Security Fund to meet any requests for the transfer of benefits abroad. In addition, the Committee requests the Government to clarify whether any Guinean nationals transferring their residence abroad would also be entitled to have their benefits transferred abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention.

Article 6. Payment of family benefit. Referring to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94(2) of the Social Security Code, to be entitled to family benefit, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. The Committee notes that the Government’s report does not provide any information in this respect and hopes that the Government will be able to confirm formally in its next report that the payment of family benefit will also be extended to cover insured persons up to date with their contributions (whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i)) whose children reside in the territory of one of these States and not in Guinea. The Committee also requests information as to how the condition of residence is dispensed with in these cases for the application of section 99(2) of the Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where he or she comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee is raising other matters in a request addressed directly to the Government.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

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.

Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

Article 5 of the Convention. Payment of benefits in the case of residence abroad. Referring to its previous comments, the Committee notes with interest the conclusion in 2012 of the Economic Community of West African States (ECOWAS) General Convention on Social Security, which aims in particular to enable migrant workers who have worked in one of the 15 ECOWAS member States to exercise their right to social security in their country of origin through the coordination of national social security systems. However, since Cabo Verde is the only other ECOWAS member State that has ratified Convention No. 118, the Committee requests the Government once again to indicate whether, as it understands from its reading of section 91 of the Social Security Code, nationals of any State that has accepted the obligations of the Convention for the corresponding branch should in principle be able to claim payment of their benefits in the case of residence abroad. If so, the Committee requests the Government to indicate whether a procedure for the transfer of benefits abroad has been established by the National Social Security Fund to meet any requests for the transfer of benefits abroad. In addition, the Committee requests the Government to clarify whether any Guinean nationals transferring their residence abroad would also be entitled to have their benefits transferred abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention.

Article 6. Payment of family benefit. Referring to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94(2) of the Social Security Code, to be entitled to family benefit, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other Member which has accepted the obligations of the Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. The Committee notes that the Government’s report does not provide any information in this respect and hopes that the Government will be able to confirm formally in its next report that the payment of family benefit will also be extended to cover insured persons up to date with their contributions (whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i)) whose children reside in the territory of one of these States and not in Guinea. The Committee also requests information as to how the condition of residence is dispensed with in these cases for the application of section 99(2) of the Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where he or she comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). It requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further notes 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 comments.

Article 3(1) of the Convention. Request for information on nationality. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

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 accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, 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, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents 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 would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. Conclusion of social security agreements. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). The Committee requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2014, published 104th ILC session (2015)

The Committee takes note of the adoption of the new Labour Code (Act No. L/2014/072/CNT of 10 January 2014). The Committee requests the Government to provide all implementing texts of the Code in view of a complete review of the new legislation.

The Committee further with regret notes that the Government’s report has not been received. It must therefore repeat its previous comments.

Article 5 of the Convention. Payment of benefits in case of residence abroad. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91(1) and (2) of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of the Convention for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. Payment of family benefit. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94(2) of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of the Convention any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up to date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99(2) of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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:

Repetition

Article 3(1) of the Convention. Request for information on nationality. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

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 accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, 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, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents 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 would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. Conclusion of social security agreements. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). The Committee requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Repetition

Article 5 of the Convention. Payment of benefits in case of residence abroad. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91(1) and (2) of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of the Convention for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. Payment of family benefit. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94(2) of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of the Convention any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up to date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99(2) of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2012, published 102nd ILC session (2013)

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:

Repetition

Article 3(1) of the Convention. Request for information on nationality. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3(1) (read in conjunction with Article 4(1)). Condition of residence. The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents 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 would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. Conclusion of social security agreements. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). The Committee requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2012, published 102nd ILC session (2013)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 5 of the Convention. Payment of benefits in case of residence abroad. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. Payment of family benefit. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up to date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

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:

Repetition

Article 3(1) of the Convention. Request for information on nationality. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3(1) (read in conjunction with Article 4(1)). Condition of residence. The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents 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 would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. Conclusion of social security agreements. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). The Committee requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Repetition

Article 5 of the Convention. Payment of benefits in case of residence abroad. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. Payment of family benefit. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up to date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

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:

Article 3(1) of the Convention. Request for information on nationality. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3(1) (read in conjunction with Article 4(1)). Condition of residence. The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents 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 would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. Conclusion of social security agreements. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). The Committee requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2010, published 100th ILC session (2011)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 5 of the Convention. Payment of benefits in case of residence abroad. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. Payment of family allowances. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up to date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the near future.

Direct Request (CEACR) - adopted 2009, published 99th ILC session (2010)

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:

Article 3, paragraph 1, of the Convention. Request for information on nationality. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3, paragraph 1 (read in conjunction with Article 4, paragraph 1). Condition of residence. The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents 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 would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. Conclusion of social security agreements. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). The Committee requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. Payment of benefits in case of residence abroad. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. Payment of family allowances. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up to date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

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:

Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents 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 would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). The Committee requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2008, published 98th ILC session (2009)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up to date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2007, published 97th ILC session (2008)

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:

Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents 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 would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). It requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2007, published 97th ILC session (2008)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up to date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

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:

Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, “dependants of the worker as defined under family benefits shall only be covered for health care”; this definition applies only to those residents 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 would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). It requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention – with which there are migratory flows – with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

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

The Committee notes with regret that the Government’s report has not been received. It is therefore bound to repeat its previous observation, which read as follows:

Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions “are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad”. Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children “must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements”. With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up-to-date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children “that live with the insured person”, and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

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:

Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, "dependants of the worker as defined under family benefits shall only be covered for health care"; this definition applies only to those residents 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 would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). It requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention - with which there are migratory flows - with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes with regret that the Government’s report has once again not been received. It is therefore bound to repeat its previous observation, which read as follows:

Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old-age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions "are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad". Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children "must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements". With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers. The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up-to-date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children "that live with the insured person", and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2004, published 93rd ILC session (2005)

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:

With reference to its observation, the Committee notes the information provided in reply to its earlier comments by the Government in its report, and has studied Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security code.

Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, "dependants of the worker as defined under family benefits shall only be covered for health care"; this definition applies only to those residents 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 would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). It requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention - with which there are migratory flows - with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2004, published 93rd ILC session (2005)

The Committee notes with regret and concern that the Government’s report has not been received for the fourth consecutive year. It must therefore repeat its previous observation, which read as follows:

With reference to its earlier comments, the Committee notes the information provided by the Government in its report and has examined Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security Code.

Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions "are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad". Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of the abovementioned section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children "must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements". With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date, Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that "the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers". The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up-to-date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children "that live with the insured person", and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

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:

With reference to its observation, the Committee notes the information provided in reply to its earlier comments by the Government in its report, and has studied Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security code.

Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, "dependants of the worker as defined under family benefits shall only be covered for health care"; this definition applies only to those residents 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 would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). It requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention - with which there are migratory flows - with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes with regret that the Government’s report has not been received for the third consecutive year. It must therefore repeat its previous observation which read as follows:

With reference to its earlier comments, the Committee notes the information provided by the Government in its report and has examined Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security Code.

Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions "are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad". Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of the abovementioned section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children "must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements". With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date, Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that "the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers". The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up-to-date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children "that live with the insured person", and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2002, published 91st ILC session (2003)

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 matter raised in its previous direct request, which read as follows:

With reference to its observation, the Committee notes the information provided in reply to its earlier comments by the Government in its report, and has studied Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security code.

Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, "dependants of the worker as defined under family benefits shall only be covered for health care"; this definition applies only to those residents 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 would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). It requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention - with which there are migratory flows - with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2002, published 91st ILC session (2003)

The Committee notes with regret that the Government’s report has not been received. It must therefore repeat its previous observation, which read as follows:

With reference to its earlier comments, the Committee notes the information provided by the Government in its report and has examined Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security Code.

Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions "are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad". Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of the abovementioned section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children "must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements". With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date, Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that "the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers". The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up-to-date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children "that live with the insured person", and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes 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.

        With reference to its observation, the Committee notes the information provided in reply to its earlier comments by the Government in its report, and has studied Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security code.

        Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor’s benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor’s benefits.

        Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, "dependants of the worker as defined under family benefits shall only be covered for health care"; this definition applies only to those residents 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 would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

        Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government’s previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d’Ivoire (States which have not ratified the Convention). It requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention - with which there are migratory flows - with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

The Committee notes that the Government’s report has not been received. It must therefore repeat its previous observation which read as follows.

        With reference to its earlier comments, the Committee notes the information provided by the Government in its report and has examined Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security Code.

        Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

        In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions "are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad". Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of the abovementioned section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

        Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children "must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements". With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date, Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that "the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers". The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up-to-date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children "that live with the insured person", and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to its observation, the Committee notes the information provided in reply to its earlier comments by the Government in its report, and has studied Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security code.

Article 3, paragraph 1, of the Convention. The Committee notes, under section 57 of the Social Security Code, that when submitting a request for survivor's benefit, the person submitting the request must declare, inter alia, the nationality of the deceased insured person. Given that a declaration of nationality is not required of beneficiaries when requesting the other types of benefits provided for by the Code, the Committee would be grateful if the Government would clarify the objective of this request for information on the nationality of the deceased insured person to obtain survivor's benefits.

Article 3, paragraph 1 (read with Article 4, paragraph 1). The Committee notes that under section 4, paragraph 1, of the Social Security Code, coverage by the general social security scheme is accorded without condition of residence and applies to all workers governed by the Labour Code or those who have an employment contract with an employer concluded on national territory, whatever the place of residence of either party to the contract (sections 1, 3 and 11 of the Labour Code). However, the right to family benefits, including family allowance and daily allowance for women in delivery, is open to all workers carrying out their activity and resident in the Republic of Guinea (sections 93 and 94, paragraph 1, of the Social Security Code). Moreover, under section 109, paragraph 2, of the Code, "dependants of the worker as defined under family benefits shall only be covered for health care"; this definition applies only to those residents 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 would be grateful if the Government would clarify the manner in which entitlement to the abovementioned benefits is accorded to foreign workers and their dependants who are covered by the general social security scheme in Guinea but only reside temporarily on its territory.

Articles 7 and 8. In reply to the earlier comments of the Committee, the Government states that completion of draft bilateral social security agreements with certain bordering countries and Morocco depend on the schedules of the main mixed committees in these States. The Committee recalls that, according to the information contained in the Government's previous reports, negotiations for such agreements had begun, in particular with Mali, Senegal and Côte d'Ivoire (States which have not ratified the Convention). It requests the Government to submit in its next reports information on the progress achieved in concluding new social security agreements with States bound by the Convention -- with which there are migratory flows -- with a view to participation in a scheme for the maintenance of acquired rights and rights in course of acquisition, in compliance with the provisions of Articles 7 and 8 of the Convention. In addition, the Committee would be grateful if the Government would supply the texts of the following legislation: (1) the special regulations regarding employment of foreign workers provided under section 7 of the Labour Code; (2) the Decree establishing procedures for the application of the Social Security Code to temporary or occasional workers, provided under its section 4(4).

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

With reference to its earlier comments, the Committee notes the information provided by the Government in its report and has examined Act L/94/006/CTRN of 14 February 1994 establishing the new Social Security Code.

Article 5 of the Convention. The Committee recalls that the Government, in its earlier reports, indicated that the new Social Security Code, when adopted, would give full effect to Article 5 of the Convention under which the provision of old age benefits, survivors benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreements with such country, both to nationals of Guinea and to nationals of any other State which has accepted the obligations of the Convention for the corresponding branch. However, in its last report, the Government indicates that the new Social Security Code does not entirely fulfil the requirements of the provisions of Article 5 of the Convention, in that it does not provide for maintenance of payment of the various benefits in case of change of residence, and that this restriction is a constant feature of the legislation governing the field in the States in the subregion. However, the Government hopes that further negotiation of bilateral agreements with other States will make good this weakness in the Social Security Code.

In this connection, the Committee notes that under section 91, paragraphs 1 and 2, of the new Code, benefits are cancelled when the beneficiary definitively leaves the territory of the Republic of Guinea, or are suspended while she or he is not resident on national territory. It notes however that, under the last paragraph of that section, these provisions "are not applicable in the case of nationals of countries which have subscribed to the obligations of the international Conventions of the International Labour Office regarding social security ratified by the Republic of Guinea, or where there are reciprocal agreements or multilateral or bilateral social security agreements on the provision of benefits abroad". Since, by virtue of this exception, the nationals of any State which has accepted the obligations of Convention No. 118 for the corresponding branch, may in principle now claim benefits in case of residence abroad, the Committee requests the Government to indicate whether this is in fact the case and, if so, whether a procedure for the transfer of benefits abroad has been established by the national social security fund, to meet the possible demands for such foreign transfer. In addition, the Committee requests the Government to state whether the exception provided in the last paragraph of the abovementioned section 91 is also applicable to Guinean nationals in the event of their transferring their residence abroad, in accordance with the principle of equal treatment established under Article 5 of the Convention as regards the payment of benefits abroad.

Article 6. With reference to the comments it has been formulating for many years regarding the provision of family allowances in respect of children residing abroad, the Committee notes that, under section 94, paragraph 2, of the new Code, to obtain the right to family allowances, dependent children "must reside in the Republic of Guinea, subject to the special provisions of the international Conventions on social security of the International Labour Office, reciprocal agreements or bilateral or multilateral agreements". With respect to reciprocal agreements or bilateral or multilateral agreements, the Committee recalls that to date, Guinea has concluded no agreement of this sort for the payment of family allowances in respect of children residing abroad. Regarding the special provisions of the ILO Conventions, it recalls that under Article 6 of Convention No. 118 any State which has accepted the obligations of the Convention for branch (i) (family benefit) must guarantee payment of family allowances both to its own nationals and to the nationals of any other member which has accepted the obligations of this Convention for that branch, as well as for refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned. In this connection, the Government states in its report that "the payment of family benefits is guaranteed to families of whom the breadwinner has been regularly insured by the social security system, and is in order regarding the payment of his own contributions, and those of his successive employers". The Committee therefore hopes that the Government will be able to confirm formally in its next report that the payment of family allowances will also be extended to cover insured persons up-to-date with their contributions, whether they are nationals, refugees, stateless persons or nationals of any other States which have accepted the obligations of the Convention for branch (i), whose children reside on the territory of one of these States and not in Guinea. The Committee would also like to know in these cases how the condition of residence is dispensed with for the application of section 99, paragraph 2, of the new Code, which only recognizes as dependent those children "that live with the insured person", and also for section 101, which makes payment of family allowances subject to an annual medical examination of the child, up to the age where she or he comes under the school medical service, and the regular medical care for beneficiaries of school age attending courses in educational or vocational training establishments.

Direct Request (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes 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:

The Committee notes the information supplied by the Government on the progress achieved in the conclusion of a bilateral social security agreement with Mali and the discussions held with the institutions in Senegal, Côte d'Ivoire and Morocco (States which have not, however, ratified the Convention). The Committee would be grateful if the Government would supply information in future reports on the progress achieved in the conclusion of new social security agreements with other member States concerned, which are bound by the Convention and with which there are migratory flows, with a view to participating in a system for the maintenance of acquired rights and rights in course of acquisition, in accordance with the provisions of Articles 7 and 8 of the Convention.

Observation (CEACR) - adopted 1996, published 85th ILC session (1997)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. In reply to the Committee's previous comments, the Government states that the draft text of the Social Security Code which was revised with the technical assistance of the ILO, will give full effect to the provisions of the Convention when it is adopted. The Committee takes due note of this information. It hopes that it will be possible to adopt in the near future the above text of the Social Security Code and that, when adopted, it will give full effect to Article 5 of the Convention, under which the provision of old-age benefits, survivors' benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreement with such country, both to nationals of Guinea as also to nationals of any other State which has accepted the obligations of the Convention in respect of the corresponding branch. The Committee requests the Government to supply information on the progress made in this respect. Article 6. The Committee hopes that the above draft text of the Social Security Code will also make it possible to give effect to Article 6, under which any State which has accepted the obligations of the Convention in respect of "family benefit" (branch (i)) must guarantee the grant of family allowances both to its own nationals and to the nationals of any other State which has accepted the obligations of the Convention for that branch, as well as to refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned.

TEXT The Committee hopes that the Government will make every effort to take the necessary action in the very near future. It draws the Government's attention to the availability of technical assistance from the Office.

Direct Request (CEACR) - adopted 1995, published 82nd ILC session (1995)

The Committee notes the information supplied by the Government on the progress achieved in the conclusion of a bilateral social security agreement with Mali and the discussions held with the institutions in Senegal, Côte d'Ivoire and Morocco (States which have not, however, ratified the Convention). The Committee would be grateful if the Government would supply information in future reports on the progress achieved in the conclusion of new social security agreements with other member States concerned, which are bound by the Convention and with which there are migratory flows, with a view to participating in a system for the maintenance of acquired rights and rights in course of acquisition, in accordance with the provisions of Articles 7 and 8 of the Convention.

Observation (CEACR) - adopted 1995, published 82nd ILC session (1995)

Article 5 of the Convention. In reply to the Committee's previous comments, the Government states that the draft text of the Social Security Code which was revised with the technical assistance of the ILO, will give full effect to the provisions of the Convention when it is adopted. The Committee takes due note of this information. It hopes that it will be possible to adopt in the near future the above text of the Social Security Code and that, when adopted, it will give full effect to Article 5 of the Convention, under which the provision of old-age benefits, survivors' benefits and death grants, and employment injury pensions must be guaranteed in the case of residence abroad, irrespective of the country of residence and even in the absence of agreement with such country, both to nationals of Guinea as also to nationals of any other State which has accepted the obligations of the Convention in respect of the corresponding branch.

The Committee requests the Government to supply information on the progress made in this respect.

Article 6. The Committee hopes that the above draft text of the Social Security Code will also make it possible to give effect to Article 6, under which any State which has accepted the obligations of the Convention in respect of "family benefit" (branch (i)) must guarantee the grant of family allowances both to its own nationals and to the nationals of any other State which has accepted the obligations of the Convention for that branch, as well as to refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes 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:

Articles 6, 7 and 8 of the Convention. The Committee notes the Government's statement that, through the National Social Security Fund, Guinea has signed an agreement with the Social Security Fund of the Republic of Mali (which has not ratified the Convention) and that negotiations are under way with other countries with a view to concluding bilateral social security agreements. It therefore hopes that the Government will be in a position to provide information in its next report on progress made regarding the conclusion of new social security agreements with other member States concerned which are bound by the Convention, and with which there are migration flows, with a view to ensuring, in particular, that effect is given to these provisions of the Convention and, especially, to participating in a system for the maintenance of acquired rights and rights in the course of acquisition, in accordance with the provisions of Articles 7 and 8.

Observation (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. With reference to its previous comments, the Committee notes the information supplied by the Government in its reports received in March 1991 and January 1992, that the draft Social Security Code prepared with ILO technical assistance, which should make it possible for effect to be given to Article 5 of the Convention (the provision of certain benefits abroad), has been submitted to the Council of Ministers for approval and should be adopted very shortly. The Committee also notes the Government's statement that, pending the adoption of provisions to facilitate the payment of benefits abroad, currently a lump sum equivalent to 36 months' wages and freely convertible into foreign currency is paid locally. In this connection, the Committee wishes to draw the Government's attention to the fact that the payment of a lump sum in the event of transfer of residence abroad, instead of periodic payments, is not fully consistent with Article 5 of the Convention which provides for the payment of the benefits concerned when the beneficiary resides abroad, and not their conversion into a lump sum. The Committee therefore hopes that the draft Social Security Code will be adopted shortly and that it will contain provisions which explicitly give effect to Article 5 of the Convention. It asks the Government to provide information on progress made in this respect, and on any measures taken to ensure the application of this provision of the Convention in practice, regardless of the existence of any legislation on foreign exchange control. Article 6. The Committee hopes that the draft Social Security Code mentioned above will also ensure the application of Article 6 of the Convention under which each State which has accepted the obligations of this Convention in respect of family benefit shall guarantee the grant of family allowances both to its own nationals and to the nationals of any other State which has accepted the obligations of this Convention for this branch, and to refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Articles 6, 7 and 8 of the Convention. The Committee notes with interest the Government's statement that, through the National Social Security Fund, Guinea has signed an agreement with the Social Security Fund of the Republic of Mali (which has not ratified the Convention) and that negotiations are under way with other countries with a view to concluding bilateral social security agreements. It therefore hopes that the Government will be in a position to provide information in its next report on progress made regarding the conclusion of new social security agreements with other member States concerned which are bound by the Convention, and with which there are migration flows, with a view to ensuring, in particular, that effect is given to these provisions of the Convention and, especially, to participating in a system for the maintenance of acquired rights and rights in the course of acquisition, in accordance with the provisions of Articles 7 and 8.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

Article 5 of the Convention. With reference to its previous comments, the Committee notes with interest the information supplied by the Government in its reports received in March 1991 and January 1992, that the draft Social Security Code prepared with ILO technical assistance, which should make it possible for effect to be given to Article 5 of the Convention (the provision of certain benefits abroad), has been submitted to the Council of Ministers for approval and should be adopted very shortly.

The Committee also notes the Government's statement that, pending the adoption of provisions to facilitate the payment of benefits abroad, currently a lump sum equivalent to 36 months' wages and freely convertible into foreign currency is paid locally. In this connection, the Committee wishes to draw the Government's attention to the fact that the payment of a lump sum in the event of transfer of residence abroad, instead of periodic payments, is not fully consistent with Article 5 of the Convention which provides for the payment of the benefits concerned when the beneficiary resides abroad, and not their conversion into a lump sum. The Committee therefore hopes that the draft Social Security Code will be adopted shortly and that it will contain provisions which explicitly give effect to Article 5 of the Convention. It asks the Government to provide information on progress made in this respect, and on any measures taken to ensure the application of this provision of the Convention in practice, regardless of the existence of any legislation on foreign exchange control.

Article 6. The Committee hopes that the draft Social Security Code mentioned above will also ensure the application of Article 6 of the Convention under which each State which has accepted the obligations of this Convention in respect of family benefit shall guarantee the grant of family allowances both to its own nationals and to the nationals of any other State which has accepted the obligations of this Convention for this branch, and to refugees and stateless persons, in respect of children who reside on the territory of any such State, under conditions and within limits to be agreed upon by the States concerned.

[The Government is asked to report in detail for the period ending 30 June 1993.]

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Article 5 of the Convention. With reference to its previous comments, the Committee notes the Government's statement that a draft Social Security Code has been formulated giving complete effect to the Convention. It notes that by virtue of section 91(3) of the above draft, benefits are neither withdrawn nor suspended for the nationals of countries that have ratified the Convention. It requests the Government to inform it of any progress achieved in the adoption of the above draft. However, the Committee notes that the Government supplies no information on the application of the legislation respecting exchange controls which appears to restrict the payment of benefits in case of residence abroad. It therefore requests the Government once again to indicate the impact of this legislation on the payment of benefits when the beneficiary resides abroad, and to indicate the extent to which, and the number of cases in which, beneficiaries have not been able to obtain payment of these benefits abroad. The Committee also requests the Government to state in its next report the measures that have been taken to give full effect to the Convention in both law and practice, irrespective of the existence of any legislation regarding exchange controls. Article 6. The Committee notes that the report does not contain any reply to its previous comments. However, it notes with interest that the draft Social Security Code removes, in section 94(1), the requirement of residence in respect of children that is provided in section 38 of the Social Security Code currently in force in order to qualify for entitlement to family allowances. The Committee hopes that the draft Social Security Code will be adopted shortly. The Committee once again requests the Government to inform it of the outcome of the consultations referred to previously by the Government that have been commenced with countries in the subregion for the negotiation of bilateral agreements concerning the social insurance of migrant workers. It once again expresses the hope that the Government will endeavour to conclude agreements with the other member States concerned which have accepted the obligations of the Convention in respect of the family benefits branch in cases where migrations of the type contemplated by Article 6 exist with those States.

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The Committee hopes that the Government will make every effort to take the necessary action in the very near future.

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

Article 5 of the Convention. With reference to its previous comments, the Committee notes with interest the Government's statement that a draft Social Security Code has been formulated giving complete effect to the Convention. It notes that by virtue of section 91(3) of the above draft, benefits are neither withdrawn nor suspended for the nationals of countries that have ratified the Convention. It requests the Government to inform it of any progress achieved in the adoption of the above draft.

However, the Committee notes that the Government supplies no information on the application of the legislation respecting exchange controls which appears to restrict the payment of benefits in case of residence abroad. It therefore requests the Government once again to indicate the impact of this legislation on the payment of benefits when the beneficiary resides abroad, and to indicate the extent to which, and the number of cases in which, beneficiaries have not been able to obtain payment of these benefits abroad. The Committee also requests the Government to state in its next report the measures that have been taken to give full effect to the Convention in both law and practice, irrespective of the existence of any legislation regarding exchange controls.

Article 6. The Committee notes that the report does not contain any reply to its previous comments. However, it notes with interest that the draft Social Security Code removes, in section 94(1), the requirement of residence in respect of children that is provided in section 38 of the Social Security Code currently in force in order to qualify for entitlement to family allowances. The Committee hopes that the draft Social Security Code will be adopted shortly. The Committee once again requests the Government to inform it of the outcome of the consultations referred to previously by the Government that have been commenced with countries in the subregion for the negotiation of bilateral agreements concerning the social insurance of migrant workers. It once again expresses the hope that the Government will endeavour to conclude agreements with the other member States concerned which have accepted the obligations of the Convention in respect of the family benefits branch in cases where migrations of the type contemplated by Article 6 exist with those States. [The Government is asked to report in detail for the period ending 30 June 1990.]