Demande directe (CEACR) - adoptée 2019, publiée 109ème session CIT (2021)

Costa Rica

Convention (n° 113) sur l'examen médical des pêcheurs, 1959 (Ratification: 1964)
Convention (n° 114) sur le contrat d'engagement des pêcheurs, 1959 (Ratification: 1964)

The Committee notes the reports provided by the Government on the application of Conventions Nos 113 and 114 on the fishing sector. The Committee notes that the Government has requested the technical assistance of the Office in this regard and trusts that this assistance will contribute to the full implementation of these Conventions. With regard to the Work in Fishing Convention, 2007 (No. 188), the Government indicates that it was submitted to the Legislative Assembly on 21 May 2009, but was not approved. In order to provide an overview of matters arising in relation to the application of the maritime Conventions, the Committee considers it appropriate to examine them in a single comment, as follows.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 3 of the Convention. Medical examination and medical certificate. Tripartite consultations. The Committee previously requested the Government to adopt without delay the necessary measures to prescribe, after consultation with the organizations concerned, the nature of the medical examination to be made and the particulars to be included in the medical certificate. The Committee notes the Government’s indication that, after consulting institutions working in this area, it was agreed that the College of Physicians and Surgeons of Costa Rica has the authority to specify the content of medical examinations. In this regard, the Government indicates that this professional association has initiated the necessary coordination with the Ministry of Labour and Social Security. The Government also indicates that the Minister of Labour and Social Security convened a meeting with the various institutions involved in the area of fishing and that, as a result, it was agreed that it is necessary to request the technical assistance of the ILO. The Committee understands that the Government has already contacted the Office in this regard and trusts that the technical assistance requested will be provided in the near future.

Fishermen’s Articles of Agreement Convention, 1959 (No. 114)

Article 3 of the Convention. Written articles of agreement. The Committee previously requested the Government to indicate the measures adopted to guarantee in practice that fishers’ articles of agreement are drawn up in writing. The Committee notes the Government’s indication that the Ministry of Labour and Social Security has undertaken to: (1) strengthen the necessary measures to disseminate Directive No. 17 of October 2002, which concerns the articles of agreement and medical examinations of fishers, among the employers’ and workers’ organizations in the fishing sector; and (2) reaffirm the provision that fishers’ articles of agreement shall be made available at the National Employment Directorate and the administrative branches of the National Labour Inspection Directorate. While it notes this information, the Committee requests the Government to indicate the follow-up measures adopted by the Ministry.

Article 5. Record of employment. The Committee previously requested the Government to adopt the necessary measures to ensure that a record of employment is maintained for every fisher. The Committee notes the Government’s indication that it has requested the technical assistance of the Office in this regard. The Committee trusts that the technical assistance requested will be provided in the near future and hopes that the necessary measures to give effect to this Article of the Convention will be adopted in the near future.

Article 8. Information on board on conditions of employment. The Committee previously requested the Government to indicate the manner in which it is guaranteed that fishers can obtain clear information on board as to the conditions of employment applicable to them. The Committee notes that the Government refers, inter alia, to sections 282 and 284 of the Labour Code on the obligations of employers. However, the Committee considers that the legislation referred to by the Government does not comply with the requirements of this provision of the Convention, as it does not specifically guarantee that the necessary measures shall be laid down to enable clear information to be obtained on board as to the conditions of employment so that fishers can satisfy themselves as to the nature and extent of their rights and obligations. The Committee once again requests the Government to indicate the measures adopted or envisaged to give effect to this Article of the Convention.