Observation (CEACR) - adoptée 2013, publiée 103ème session CIT (2014)

Convention (n° 37) sur l'assurance-invalidité (industrie, etc.), 1933 - Polynésie française

Article 9(1)(a) of the Convention. Disqualification from entitlement to benefits. The Committee recalls that for many years it has been indicating to the Government that section 34(1) of Resolution No. 74-22 of 14 February 1974, as amended by section 1 of Resolution No. 83-47 of 28 March 1983, which provides for the possibility of disqualification of an insured person from such entitlement to benefits in the case of inexcusable misconduct, exceeds the cases for disqualification set out in Article 9(1)(a) of the Convention.

In this regard, the Committee notes that Chapter 1 of territorial Act No. 2011 18 of 11 July 2011, entitled “Invalidity and Sickness Insurance”, amends several sections of Resolution No. 74-22 of 14 February 1974, but not section 34(1) on which the Committee has been commenting since 1981. The Committee also notes the Government’s reiterated indication in its report that the possibility of disqualifying an insured person in the case of inexcusable misconduct will be removed during a future amendment of these texts. The Committee notes with regret that, notwithstanding the commitments made, as set out in its 2007 report, the Government did not use the occasion of the adoption of territorial Act No. 2011-18 of 11 July to make the amendment that has been requested for over 30 years. Under these conditions, the Committee is bound to remind the Government that by ratifying the Convention it undertook to give effect to its provisions in good faith. The Committee therefore hopes that the Government will take the necessary measures without further delay to adopt the amendments referred to above.