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

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Costa Rica (Ratification: 1960)

The Committee notes that the Government's report was received when its work had already begun. It observes that the report does not contain any specific information to the questions raised. In these circumstances, the Committee can only repeat its previous observation which read as follows:

The Committee notes with interest two Bills which give effect to requests it had made for trade union organizations, and not just solidarist organizations, to be able to administer compensation funds for dismissed workers (the Bill respecting the occupational capitalization and economic democratization fund), under which the concept of public services for which strikes are prohibited is limited to essential services in the strict sense of the term, namely those the interruption of which could endanger the life, safety or health of the whole or part of the population (the Bill on the statutory system of public employment and civil service). The Committee recalls the importance of repealing subsections (a) and (b) of section 369 of the Labour Code, which excessively restricts strikes in the public, agricultural and forestry sectors. Finally, with regard to the prohibition on foreigners from holding office or exercising authority in trade unions (section 60(2) of the Constitution), the Committee notes that the Government has established a committee in the Ministry of Labour to undertake an exhaustive analysis of this matter and has formally requested the technical assistance of the Office with a view to assisting and guiding the process of modifying the Constitution and finding a solution which is in accordance with ILO principles. The Committee welcomes the considerable progress which has been made as regards the application of the Convention and requests the Government to keep it informed of developments relating to the two above Bills (for which technical assistance has been received from the Office) and the question of the possibility of foreigners being able to hold trade union office.

END OF REPETITION