Direct Request (CEACR) - adopted 1998, published 87th ILC session (1999)

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

The Committee notes that the Government has not replied to its comments in regard to section 14(c) of the Labour Code, which excludes from its scope agricultural or stock-raising enterprises which permanently employ no more than five permanent workers. In this respect, the Committee once again reminds the Government that in accordance with Article 2 of the Convention all workers, without distinction whatsoever, have the right to establish and to join organizations of their own choosing.

In this respect, the Committee once again requests the Government to inform it of any measures adopted to ensure that agricultural workers enjoy the right of association.

The Committee also notes the comments of the Costa Rican Inter-Confederal Committee regarding the Ministry of Transport's restrictions on trade union organizations, the preparation of trade union statutes, the acquisition of legal personality and trade union activities, including strikes (a situation noted, for example, in the Workers' Union of the Institute for Agricultural Development).

The Committee notes the Government's statement in respect of the comments made by the Costa Rican Inter-Confederal Committee. In particular, the Committee notes with interest that by virtue of Circular No. 346-98, the Ministry of Labour and Social Security recognizes that section 346(a) which lays down the obligation that members of workers' organizations annually elect the Executive Committee, violates Article 3 of the Convention and article 60 of the Costa Rican Political Constitution, since workers' organizations should be able to determine, in full freedom and without any interference, the term of office held by their executive committees and other bodies which have been legally established. In this respect, the Committee requests the Government to adopt the necessary measures to amend this provision to enable workers' organizations to determine the term of office held by their executive committees through their constitutions and not as stipulated by law.

With regard to the non-acceptance of the Executive Committee of UNEIDA by the authorities of the Institute for Agricultural Development, the Committee notes the Government's statement in respect of the decision handed down by the courts to the effect that the Ministry of Labour is not competent to certify the legal personality of UNEIDA, since the act of rejecting the Executive Committee is an internal decision concerning the organization which elected it, and requests the Government to adopt the necessary measures to ensure that workers have the right to elect their representatives in full freedom and to carry out their programmes without interference.

The Committee had noted with satisfaction in its observation, in respect of the exercise of the right to strike, the decision handed down by the Supreme Court of Justice to the effect that sections 375(a) and 376(b) of the Labour Code, which prohibited the right to strike in the public, agricultural or stock-raising and forestry sectors, are unconstitutional.

The Committee request the Government to provide information on the above points in its next report.