Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Costa Rica (Ratification: 1972)

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

1. With reference to its previous comments in connection with the representation made by a number of trade union organizations of Costa Rica in 1984 under article 24 of the ILO Constitution alleging in particular non-payment to the Banco Popular and the Costa Rican Social Security Fund of the employers' contributions due from the State (Article 71, paragraph 2, of the Convention) and non-revaluation of pensions (Article 65, paragraph 10, and Article 66, paragraph 8), the Committee notes with interest that the Government discharged its obligations to the sickness and maternity insurance schemes by means of bonds in 1988 and in 1989. It also notes that the agreement concluded between the Ministry of Finance and the Costa Rican Social Security Fund on 7 December 1988 has been carried out in full. It would again be grateful if the Government could supply information on the progress made in the reform of the medical care financing system provided for in the above agreement. With regard to the review of pensions, the Committee points out that it has always attached importance to this question; in this connection it refers to the general observations it made in 1989 relating to Conventions Nos. 102 and 128, in which the Committee considers, in particular, that, given the effects of inflation on the general level of incomes and the trend in the cost of living, governments should consider reviewing long-term benefits, especially in the general economic climate of today. The Committee consequently asks the Government to do everything possible to continue to apply the aforementioned Article 65, paragraph 10, and Article 66, paragraph 8, of the Convention and to supply in its future report the statistical information requested for these Articles of the Convention, conforming to the report form adopted by the Governing Body under Article 65, Title VI. 2. Part VI (Employment injury benefit), Articles 34, 36 and 38 of the Convention (also in conjunction with Article 69). In its previous comments, the Committee requested the Government to take the necessary measures to amend sections 218, 228 to 232, 237 to 239 and 243 of Act No. 6727 of 1982 in order to bring them all into full conformity with the above-mentioned provisions of the Convention concerning: (a) the nature of medical care, which must correspond to the provisions of Article 34 of the Convention and be provided free of charge throughout the contingency (namely, until recovery or the stabilization of the person's invalidity); (b) the grant of cash benefits, also throughout the contingency, in the event of a minor or partial permanent disability and in the event of death. Under the above-mentioned sections of Act No. 6727, such benefits are, in both cases, paid for a period of five or ten years depending on the circumstances, whereas the Convention stipulates that they must be provided throughout the contingency (that is to say, to the victims for their life and to their dependants for as long as they fulfil the conditions prescribed under national law). In a previous report, the Government indicated that with regard to medical care it was considering, through the Costa Rican Social Security Fund, how it could regulate the matter in conformity with the provisions of the Convention, and that it had referred the question of the amendment of section 237 to the National Insurance Institute, the body responsible for such matters. As regards cash benefits, the Government indicated that a commission composed of representatives of the Ministry of Labour, the Costa Rican Social Security Fund and the National Insurance Institute was considering the question of bringing Act No. 6727 into conformity with the Convention. Furthermore the amendments proposed, particularly those to sections 218, 228, 232, 237, 238, 239 and 243 of the above-mentioned Act, were to be studied in depth by a subcommission which was to submit a report on the matter to the Technical Committee responsible for drafting the new Labour Code. Since there is no information on the subject in the latest report either, the Committee again expresses the hope that those reforms can be carried out in the very near future and that they will bring the national law into full conformity with the Convention. It asks the Government to report on progress made in the above reforms. In view of the importance of this problem, the Committee ventures to suggest to the Government that it might request the technical advice of the ILO with a view to overcoming this difficulty of application in the near future.

In addition the Committee would like the Government to supply detailed information on the questions raised in a direct request.