Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Costa Rica (Ratification: 1964)

Article 5 of the Convention. Employment record. The Committee notes the Government’s reference to a registration system to be established with the technical assistance of the Office for the application of this provision of the Convention. The Committee recalls, however, that this Article of the Convention does not relate to the establishment of any registration system but simply requires the competent authority to prescribe the manner in which an employment record should be maintained whether to be issued separately or to be entered into the fisher’s service book. The Committee therefore requests the Government to take without further delay the necessary measures in order to give full effect to the requirement of this Article of the Convention. The Committee recalls, in this respect, that the same requirement has been incorporated in Article 17(b) of the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most of the existing ILO fishing instruments.

Article 8. Onboard information on conditions of employment. The Committee notes with interest the Fisheries and Aquaculture Act No. 8436 of 1 March 2005, in particular, section 173 which revises section 120 of the Labour Code and adds a new section 120bis on fishers’ employment contracts, medical certification and identity documents. The Committee observes, however, that neither text appears to provide for measures to enable fishers to obtain clear information while on board as to the conditions of employment applicable to them. The Committee accordingly requests the Government to specify how effect is given to this provision of the Convention in law and in practice.

Part V of the report form. Application in practice. The Committee notes that according to the statistical information provided by the Government, in 2010, there were 6,086 registered fishers. The Committee requests the Government to continue to provide general information on the application of the Convention in practice, including, for instance, information concerning the number of fishers signed on each year.