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

Equality of Treatment (Social Security) Convention, 1962 (No. 118) - Tunisia (Ratification: 1965)

Articles 4 and 5 of the Convention. Payment of old-age, invalidity and survivors’ benefits in the case of residence abroad. In its previous comments, the Committee requested the Government to bring the legislation into full conformity with the Convention by removing the restrictions relating to the payment of old-age, invalidity and survivors’ benefits to Tunisian nationals where the latter are not resident in Tunisia at the date on which the application for benefits is made (section 49 of Decree No. 74-499 of 27 April 1974 and section 77 of Act No. 81-6 of 12 February 1981). The Committee notes the reply provided by the Government in its report concerning the measures taken with a view to ensure the application in practice of Article 4 and 5 of the Convention. It notes, in particular, that in line with the instructions of the Ministry of Social Affairs of 2007 and 2016 on the application of the Circular of the Tunisian Central Bank No. 93/21 of 10 December 1993, as modified by Circular 2007–21 of 14 August 2007, the National Social Security Fund (CNSS) transfers old-age, invalidity and survivors’ benefits abroad to Tunisian nationals living abroad, nationals of countries that have concluded bilateral agreements with Tunisia and nationals of European Union (EU) countries that are not bound by bilateral agreements with Tunisia, when they reside in their country of origin. The Government also indicates that, by virtue of the many bilateral agreements on social security concluded by Tunisia with other countries such as France, pensions are also transferred to third countries bound to both countries by instruments of coordination in the area of social security. Taking this into consideration, the Government is of the view that the incompatibility of the legislation with Articles 4 and 5 of the Convention is largely superseded by the multiplicity of international social security agreements providing for the export of benefits, which give effect to the above-mentioned Articles in practice. Lastly, the Committee notes once again the Government’s indication that a draft law and decree has been prepared with a view to ensuring the conformity of the national legislation with the Government’s obligations under the Convention. Taking note of the information provided by the Government on the measures taken to ensure in practice the payment of social security benefits to Tunisian nationals residing abroad in the same way as foreign nationals, the Committee recalls that applying the Convention also requires the adoption of legislative provision that give effect to its provisions. The Committee firmly hopes that the Government will adopt, without any further delay, the legislative amendments that are necessary to put the national legislation in full conformity with Articles 4 and 5 of the Convention by removing the condition of residence at the time of application to which nationals are subject for the payment of old-age, invalidity and survivor’s benefits abroad. The Committee requests the Government to provide information on the legislative measures adopted in this regard and on any developments concerning the conclusion of additional bilateral or multilateral agreements for the maintenance of social security rights and payment of benefits abroad, notably with the European Union. Lastly, the Committee requests the Government to provide statistical information concerning the transfer of social security benefits abroad for the branches of the Convention accepted by Tunisia.