Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2(a)(i) of the Convention. Safety standard. Medical examination. The Committee notes the Government’s reference to a resolution adopted by the Ministry of Labour and Social Security on medical examinations carried out by private medical practitioners. It recalls that detailed standards concerning the nature and validity of the seafarers’ medical certificate and the conditions for re-examination have been included in Standard A1.2 of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee accordingly requests the Government to specify the national laws or regulations prescribing: (i) the period of validity of the seafarers’ medical certificate; (ii) the nature of the medical examination to be made and the particulars to be included in the medical certificate; and (iii) the arrangements for re-examination in the event of refusal of a certificate, so as to attain substantial equivalence with the provisions of Articles 4, 5 and 8 of the Medical Examination (Seafarers) Convention, 1946 (No. 73). In addition, the Committee requests a copy of the resolution referred to in the Government’s report.

Article 2(a)(iii). Shipboard conditions of employment. Articles of agreement. Further to its previous comment, the Committee notes the Government’s reference to section 123 of the Labour Code, which provides that the agreement may not be terminated during the voyage unless the ship’s master finds a substitute for the seafarer wishing to put an end to the agreement. The Committee understands that the national legislation does not contain specific provisions determining the circumstances in which the shipowner or master may immediately discharge a seafarer nor those in which the seafarer may demand immediate discharge. It recalls that, while “substantial equivalence” does not require national laws or regulations to be identical in every respect to the Conventions included in the Appendix to this Convention, they do require those laws or regulations to have in all material respects an effect corresponding to the requirements of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure adequate protection of the seafarer in case of early termination of employment in a manner that is substantially equivalent to the requirements of Articles 10–14 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22). The Committee recalls that similar requirements have been incorporated in Standard A2.1(4)(g), (5) and (6) of the MLC, 2006.

Article 2(a)(iii). Shipboard living arrangements. Food and catering. The Committee notes the Government’s reference to the General Health Act No. 5395 of 1973 and the Ministry of Health Organizational Act No. 5412 of 1973. However, the Committee understands that the legislation mentioned by the Government while applying to the food industry, food distribution facilities and the transportation of raw materials destined to food processing, is unrelated to the food supply and catering arrangements on board merchant ships. It further understands that in section 118 of the Labour Code mention is made of an adequate quality of food, but this is insufficient to ensure substantial equivalence with the specific requirements of Article 5 of the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), which calls for national laws or regulations providing for food and water supplies suitable in respect of quantity, nutritive value, quality and variety having regard to the size of the crew and the duration and nature of the voyage, and also for catering arrangements and equipment permitting proper meals to be served to the members of the crew. The Committee recalls that the same requirements have been incorporated in Standard A3.2(2) of the MLC, 2006. The Committee therefore requests once more the Government to indicate how substantial equivalence is ensured with the food and catering standards set out in the Convention.

Article 2(f). Flag State inspections. The Committee notes the Government’s indication that inspections related to labour conditions are conducted by the Ministry of Labour and Social Security, while those related to occupational risks are conducted by the National Insurance Institute. It also notes the statistical information provided by the Government concerning the number of inspectors in the provinces of Puntarenas and Limón. The Committee requests the Government to provide detailed particulars on the functioning of its system of inspection of Costa Rican-flagged vessels (for example, number and nature of deficiencies detected, action taken, number of inspectors).

Article 5(2). Ratification requirements. The Committee has been drawing the Government’s attention since 1990 to the need to follow up on the undertaking to fulfil the requirements to which ratification is made subject by Article 5(1) of the Convention and which have still not been satisfied. Although such an undertaking was duly given by the Government, the Office has so far not received any information concerning the steps taken to comply with the requirements of this Article of the Convention. The Committee requests the Government to provide additional explanations in this respect.

Part IV of the report form. Practical application. The Committee requests the Government to provide together with its next report up-to-date information on the practical application of the Convention including, for instance, the number of seafarers covered by the relevant legislation, statistics on flag State and port State inspections, the number and nature of any complaints considered and the action taken, copies of any standardized inspection checklist or inspection report form and official publications, such as activity reports of port authorities.

Finally, the Committee takes this opportunity to recall that Convention No. 147, together with 67 other international maritime labour instruments, is revised by the MLC, 2006. It accordingly hopes that, when considering appropriate measures to bring the national legislation into line with Convention No. 147, the Government will also take due account of the corresponding requirements of the MLC, 2006. The Committee requests the Government to keep the Office informed of any decision taken or envisaged with respect to the early ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information in the Government’s report for the period up to 31 May 2004. It requests the Government to provide further information on the following points:

Article 2(a) of the Convention. (Conventions listed in the Appendix to Convention No. 147, but not ratified by Costa Rica).

n  Convention No. 22. Referring to paragraph 186 of the 1990 General Survey on the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), the Committee recalls that the essential features of Convention No. 22 on which substantial equivalence would have to be established must include the adequate protection of the seafarer on termination of employment (Articles 10 to 14 of Convention No. 22). It asks the Government to indicate provisions of the national legislation which ensure such protection of seafarers.

n  Convention No. 68 (Article 5). Please indicate specific provisions of the national laws or regulations requiring: (i) the provision of food and water supplies, which, having regard to the size of the crew and the duration of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and (ii) the arrangement and equipment of the catering department in every vessel in such a manner as to per the service of proper meals to the members of the crew.

n  Convention No. 73. Please indicate specific provisions of the national legislation prescribing: (i) the period of validity of the medical certificate; (ii) the nature of the medical examination to be made and the particulars to be included in the medical certificate; and (iii) arrangements for re-examination in the event of refusal of a certificate.

Article 2(f) of Convention No. 147. Please give details of the functioning of inspection or other arrangements which exist to verify compliance with applicable international labour Conventions in force which Costa Rica has ratified, with the laws and regulations required by Article 2(a) of Convention No. 147 and, as may be appropriate under national law, with applicable collective agreements (for example, inspection staff, numbers and results of inspections and investigation of complaints, penalties imposed).

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s reports for the period up to 31 May 1999.

1.  In its previous comments the Committee had asked the Government to supply details of all steps taken to implement the provisions of Article 4 of the Convention. The Committee notes the Government’s indication that in case of receiving a complaint concerning the safety of the ship the competent authorities could use any of the following alternatives: (i) conditional permission to leave the port; (ii) delay in leaving the port; and (iii) detention of the ship. The Government further indicated that within the reporting period no complaints had been filed and no ships had been detained. The Committee would be grateful if the Government could indicate the specific provisions of the national legislation laying down the powers of the competent authority in respect of the detention of foreign ships calling in the ports of Costa Rica as well as describe the existing procedure for the notification of the nearest maritime, consular or diplomatic representative of the flag State when such detention actually takes place.

2.  The Committee also notes the Government’s indication that no measures have been adopted so far to give effect to Articles 2(d)(ii) and 3, and that the matters covered by Article 5, paragraph 1, of the Convention are still under examination. The Committee hopes that the Government will be in a position to report on the progress made in this respect in the very near future, especially on the elaboration and adoption of adequate procedures for the investigation of any complaint made in connection with the engagement in Costa Rica of Costa Rican (and if possible foreign) seafarers on ships registered in a foreign country and for the prompt reporting of such complaint to the competent authority of the country in which the ship is registered, with a copy to the Director-General of the International Labour Office (Article 2(d)(ii) of the Convention).

3.  The Committee further requests the Government to provide information on the following points.

Article 2(a) of the Convention.  (Conventions listed in the Appendix to Convention No. 147, but not ratified by Costa Rica.)

-  Conventions Nos. 73, 68 (Article 5), 53 (Articles 3 and 4), 22 and 23.  In its previous comments the Committee had asked the Government to provide information on the measures undertaken to ensure substantial equivalence of the national legislation with these Conventions. The Committee notes the Government’s indication that it cannot provide information in respect of these Conventions, because they have not been ratified by Costa Rica. The Committee recalls that under Article 2(a) of Convention No. 147 each Member which ratifies this Convention undertakes to have laws or regulations laying down for ships registered in its territory the standards, measures and conditions on the matters listed in this Article and to satisfy itself that the provisions of such laws and regulations are substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to Convention No. 147, in so far as the Member is not otherwise bound to give effect to the Conventions in question. In other words, if the Member has ratified the particular Convention listed in the Appendix to Convention No. 147, full compliance with its provisions would be required. If the Member has not ratified the particular Convention listed in the Appendix, such Convention should be applied according to the principle of substantial equivalence,which is explained in the 1990 General Survey of the Committee of Experts on Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) (paragraph 79).

In order to allow the Committee to assess the compliance of the national legislation of Costa Rica with Article 2(a) of Convention No. 147, the Committee requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Conventions or Articles of Conventions referred to in the Appendix to Convention No. 147 which are not ratified by Costa Rica (Conventions Nos. 73, 68 (Article 5),53 (Articles 3 and 4), 22 and 23), and to provide copies of the relevant texts.

Articles 2(a)(i) (standards of hours of work and manning).  Please indicate the specific provisions of the national laws or regulations establishing standards of hours of work and manning for ships registered in Costa Rica.

Articles 2(b) and 2(f).  The Committee asks the Government to indicate whether the regulations governing the activities of the merchant marine inspection have already been adopted and, if so, to provide a copy of such regulations.

4.  The Committee asks the Government to forward to the ILO copies of the relevant laws and regulations mentioned in the report.

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

Further to its observation, the Committee notes from the Government's last report that the draft legislation, in preparation for a number of years, has not yet been adopted. It hopes for early adoption of this legislation and for full information in the Government's next report on the following matters raised in its previous direct requests:

Article 2(a) of the Convention (Conventions appearing in the Appendix to the Convention but not ratified by Costa Rica):

- Convention No. 22, Articles 5 and 14. The Committee notes that responsibility for these requirements (that a seafarer should, on termination, be given a document containing a record of his employment on board the vessel and showing his discharge and that he has the right to a separate certificate as to the quality of his work or indicating whether he has fully discharged his obligations) has now been transferred to the Department of Marine Transport of the Ministry of Public Works and Transport. That Department is receiving assistance from the International Maritime Organization (IMO) to deal with the documentation of merchant seafarers as well as fishermen. The Committee hopes progress will be made soon towards meeting the documentation requirements and that the Government will provide full information. Article 6, paragraphs 2 and 3, and Article 9. The Committee recalls that sections 120 and 123 of the 1943 Labour Code referred to by the Government do not deal with the requirement that the agreement should state clearly the respective rights and obligations of the parties and the necessary procedure on termination. It notes that the Government hopes to include amendments in the draft Labour Code.

- Convention No. 23, Article 5. The Committee notes the Government's statement that it considers it more appropriate to introduce standards as to repatriation expenses and remuneration in accordance with this Article in subordinate legislation. It hopes progress will soon be made towards enacting such regulations and that the Government will provide details. Article 6. Please indicate any progress in applying this Article (supervision by the public authority of the repatriation of seafarers, including, where necessary, the advance of expenses).

- Convention No. 53, Articles 3 and 4 (see also Article 2(e) of Convention No. 147). The Committee notes the Government's statement that the National Apprenticeship Institute gives training to the merchant marine and that draft regulations are being prepared to give effect to these Articles; but that practical application of the provisions will depend on the development of a national training institute. The Committee recalls that, pending the latter, the requirement of Article 3, paragraph 1, can be met by the recognition of foreign certificates of competency. It hopes the Government will soon be able to indicate progress made especially in this respect. It also observes that, whilst Article 4, paragraph 2(b), calls for the organization of examinations, it is not necessary for there to be training as such in the country. The Committee hopes the Government will indicate any steps taken through the National apprenticeship Institute or otherwise as regards the holding of exams for officers' competency.

- Convention No. 68, Article 5. The Committee again notes the Government's assurance that it is following up the draft regulations designed to give effect to these provisions. The Committee hopes the next report will provide details.

- Convention No. 73. The Committee would be glad if the Government would indicate any steps taken or proposed to comply with the requirements of Article 4, paragraphs 1 and 3 (the competent authority to prescribe the nature of the medical examination after consulting the shipowners' and seafarers' organizations concerned) and Article 8 (provision for further examination after initial refusal of a certificate).

Article 2(a)(ii). The Committee notes the Government's indication that the Social Security Fund applies to all salaried seafarers in the country but not to foreigners. Please indicate the rough percentage of seafarers on Costa Rican ships (including foreigners and those employed on a casual basis) to whom the Social Security Fund applies.

Article 2(b). The Committee notes that regulations on inspection have been drafted and consultations on them are now taking place. It hopes this process will soon be completed and that the Government will provide a copy.

Article 2(d)(ii). The Committee recalls that there should be adequate procedures in conformity with this provision for the investigation of any complaint in connection with the engagement in Costa Rica of Costa Rican (and if possible foreign) seafarers on ships registered in a foreign country, such complaints being reported promptly to the competent authorities of the country in question with a copy to the ILO. Please indicate the measures taken or proposed to ensure compliance with this requirement.

Article 2(f). The Committee has noted the Government's statement on the state of development of the merchant marine in the country and its hope that the merchant marine inspection provisions of the draft regulations will help establish an inspection system. It recalls with interest that the IMO has been lending technical assistance for training inspection staff. Please indicate the progress attained in this regard.

Article 2(g). The Committee has noted the information provided. It hopes the Government will include in future reports the details requested in the report form as to any serious marine casualties occurring.

Article 3. The Committee notes the indication that it is hard for the authorities to control the signing on process in respect of foreign-registered ships, since it usually takes place abroad. It hopes the Government will include information in future reports on this point, in so far as it becomes more practicable to advise Costa Rican nationals of the possible problems.

Article 5. The Committee hopes the Government will continue to provide information on the steps taken in relation to its undertaking, on ratifying the Convention, progressively to fulfil all the requirements of paragraph 1 of this Article.

Please also indicate any measures taken to ensure that there is legislation laying down safety standards for hours of work and manning (Article 2(a) of the Convention).

The Committee would also be grateful for information on any developments as regards port state action in respect of foreign ships (Article 4).

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

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

Further to its previous comments, the Committee notes that the Government's report again explains that there is no merchant fleet in Costa Rica, but that efforts are being made to establish detailed regulations on various matters dealt with in the Convention. The Committee is referring to such details in a new direct request. The Committee recalls meanwhile that certain provisions of the Convention relate to employment on foreign-registered ships (notably Article 2(d)(ii) and Article 3 concerning engagement procedures within the territory; and Article 4 concerning port state action). It hopes the Government will have due regard to these provisions and supply details of all steps taken to implement them. Article 5, paragraph 1, provides that the Convention is open to ratification by States which are parties to certain instruments of the International Maritime Organization (IMO). The Committee recalls that, under paragraph 2, a State which, like Costa Rica, is not already a party to the IMO instruments listed in paragraph 1 may ratify the Convention if it gives an undertaking to fulfil the requirements of paragraph 1. Although such an undertaking was duly given by the Government, and the Government earlier indicated the matter has been examined, the Committee would be grateful if the Government would indicate in the near future the measures taken to implement its undertaking in this respect.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its observation, the Committee notes from the Government's last report that the draft legislation, in preparation for a number of years, has not yet been adopted. It hopes for early adoption of this legislation and for full information in the Government's next report on the following matters raised in its previous direct requests:

Article 2(a) of the Convention (Conventions appearing in the Appendix to the Convention but not ratified by Costa Rica):

- Convention No. 22, Articles 5 and 14. The Committee notes that responsibility for these requirements (that a seafarer should, on termination, be given a document containing a record of his employment on board the vessel and showing his discharge and that he has the right to a separate certificate as to the quality of his work or indicating whether he has fully discharged his obligations) has now been transferred to the Department of Marine Transport of the Ministry of Public Works and Transport. That Department is receiving assistance from the International Maritime Organization (IMO) to deal with the documentation of merchant seafarers as well as fishermen. The Committee hopes progress will be made soon towards meeting the documentation requirements and that the Government will provide full information. Article 6, paragraphs 2 and 3, and Article 9. The Committee recalls that sections 120 and 123 of the 1943 Labour Code referred to by the Government do not deal with the requirement that the agreement should state clearly the respective rights and obligations of the parties and the necessary procedure on termination. It notes that the Government hopes to include amendments in the draft Labour Code.

- Convention No. 23, Article 5. The Committee notes the Government's statement that it considers it more appropriate to introduce standards as to repatriation expenses and remuneration in accordance with this Article in subordinate legislation. It hopes progress will soon be made towards enacting such regulations and that the Government will provide details. Article 6. Please indicate any progress in applying this Article (supervision by the public authority of the repatriation of seafarers, including, where necessary, the advance of expenses).

- Convention No. 53, Articles 3 and 4 (see also Article 2(e) of Convention No. 147). The Committee notes the Government's statement that the National Apprenticeship Institute gives training to the merchant marine and that draft regulations are being prepared to give effect to these Articles; but that practical application of the provisions will depend on the development of a national training institute. The Committee recalls that, pending the latter, the requirement of Article 3, paragraph 1, can be met by the recognition of foreign certificates of competency. It hopes the Government will soon be able to indicate progress made especially in this respect. It also observes that, whilst Article 4, paragraph 2(b), calls for the organisation of examinations, it is not necessary for there to be training as such in the country. The Committee hopes the Government will indicate any steps taken through the National apprenticeship Institute or otherwise as regards the holding of exams for officers' competency.

- Convention No. 68, Article 5. The Committee again notes the Government's assurance that it is following up the draft regulations designed to give effect to these provisions. The Committee hopes the next report will provide details.

- Convention No. 73. The Committee would be glad if the Government would indicate any steps taken or proposed to comply with the requirements of Article 4, paragraphs 1 and 3 (the competent authority to prescribe the nature of the medical examination after consulting the shipowners' and seafarers' organisations concerned) and Article 8 (provision for further examination after initial refusal of a certificate).

Article 2(a)(ii). The Committee notes the Government's indication that the Social Security Fund applies to all salaried seafarers in the country but not to foreigners. Please indicate the rough percentage of seafarers on Costa Rican ships (including foreigners and those employed on a casual basis) to whom the Social Security Fund applies.

Article 2(b). The Committee notes that regulations on inspection have been drafted and consultations on them are now taking place. It hopes this process will soon be completed and that the Government will provide a copy.

Article 2(d)(ii). The Committee recalls that there should be adequate procedures in conformity with this provision for the investigation of any complaint in connection with the engagement in Costa Rica of Costa Rican (and if possible foreign) seafarers on ships registered in a foreign country, such complaints being reported promptly to the competent authorities of the country in question with a copy to the ILO. Please indicate the measures taken or proposed to ensure compliance with this requirement.

Article 2(f). The Committee has noted the Government's statement on the state of development of the merchant marine in the country and its hope that the merchant marine inspection provisions of the draft regulations will help establish an inspection system. It recalls with interest that the IMO has been lending technical assistance for training inspection staff. Please indicate the progress attained in this regard.

Article 2(g). The Committee has noted the information provided. It hopes the Government will include in future reports the details requested in the report form as to any serious marine casualties occurring.

Article 3. The Committee notes the indication that it is hard for the authorities to control the signing on process in respect of foreign-registered ships, since it usually takes place abroad. It hopes the Government will include information in future reports on this point, in so far as it becomes more practicable to advise Costa Rican nationals of the possible problems.

Article 5. The Committee hopes the Government will continue to provide information on the steps taken in relation to its undertaking, on ratifying the Convention, progressively to fulfil all the requirements of paragraph 1 of this Article.

Please also indicate any measures taken to ensure that there is legislation laying down safety standards for hours of work and manning (Article 2(a) of the Convention).

The Committee would also be grateful for information on any developments as regards port state action in respect of foreign ships (Article 4).

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

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

Further to its previous comments, the Committee notes that the Government's report again explains that there is no merchant fleet in Costa Rica, but that efforts are being made to establish detailed regulations on various matters dealt with in the Convention. The Committee is referring to such details in a new direct request. The Committee recalls meanwhile that certain provisions of the Convention relate to employment on foreign-registered ships (notably Article 2(d)(ii) and Article 3 concerning engagement procedures within the territory; and Article 4 concerning port state action). It hopes the Government will have due regard to these provisions and supply details of all steps taken to implement them. Article 5, paragraph 1, provides that the Convention is open to ratification by States which are parties to certain instruments of the International Maritime Organization (IMO). The Committee recalls that, under paragraph 2, a State which, like Costa Rica, is not already a party to the IMO instruments listed in paragraph 1 may ratify the Convention if it gives an undertaking to fulfil the requirements of paragraph 1. Although such an undertaking was duly given by the Government, and the Government earlier indicated the matter has been examined, the Committee would be grateful if the Government would indicate in the near future the measures taken to implement its undertaking in this respect.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its observation, the Committee notes from the Government's last report that the draft legislation, in preparation for a number of years, has not yet been adopted. It hopes for early adoption of this legislation and for full information in the Government's next report on the following matters raised in its previous direct requests:

Article 2(a) of the Convention (Conventions appearing in the Appendix to the Convention but not ratified by Costa Rica):

- Convention No. 22, Articles 5 and 14. The Committee notes that responsibility for these requirements (that a seafarer should, on termination, be given a document containing a record of his employment on board the vessel and showing his discharge and that he has the right to a separate certificate as to the quality of his work or indicating whether he has fully discharged his obligations) has now been transferred to the Department of Marine Transport of the Ministry of Public Works and Transport. That Department is receiving assistance from the International Maritime Organization (IMO) to deal with the documentation of merchant seafarers as well as fishermen. The Committee hopes progress will be made soon towards meeting the documentation requirements and that the Government will provide full information. Article 6, paragraphs 2 and 3, and Article 9. The Committee recalls that sections 120 and 123 of the 1943 Labour Code referred to by the Government do not deal with the requirement that the agreement should state clearly the respective rights and obligations of the parties and the necessary procedure on termination. It notes that the Government hopes to include amendments in the draft Labour Code.

- Convention No. 23, Article 5. The Committee notes the Government's statement that it considers it more appropriate to introduce standards as to repatriation expenses and remuneration in accordance with this Article in subordinate legislation. It hopes progress will soon be made towards enacting such regulations and that the Government will provide details. Article 6. Please indicate any progress in applying this Article (supervision by the public authority of the repatriation of seafarers, including, where necessary, the advance of expenses).

- Convention No. 53, Articles 3 and 4 (see also Article 2(e) of Convention No. 147). The Committee notes the Government's statement that the National Apprenticeship Institute gives training to the merchant marine and that draft regulations are being prepared to give effect to these Articles; but that practical application of the provisions will depend on the development of a national training institute. The Committee recalls that, pending the latter, the requirement of Article 3, paragraph 1, can be met by the recognition of foreign certificates of competency. It hopes the Government will soon be able to indicate progress made especially in this respect. It also observes that, whilst Article 4, paragraph 2(b), calls for the organisation of examinations, it is not necessary for there to be training as such in the country. The Committee hopes the Government will indicate any steps taken through the National apprenticeship Institute or otherwise as regards the holding of exams for officers' competency.

- Convention No. 68, Article 5. The Committee again notes the Government's assurance that it is following up the draft regulations designed to give effect to these provisions. The Committee hopes the next report will provide details.

- Convention No. 73. The Committee would be glad if the Government would indicate any steps taken or proposed to comply with the requirements of Article 4, paragraphs 1 and 3 (the competent authority to prescribe the nature of the medical examination after consulting the shipowners' and seafarers' organisations concerned) and Article 8 (provision for further examination after initial refusal of a certificate).

Article 2(a)(ii). The Committee notes the Government's indication that the Social Security Fund applies to all salaried seafarers in the country but not to foreigners. Please indicate the rough percentage of seafarers on Costa Rican ships (including foreigners and those employed on a casual basis) to whom the Social Security Fund applies.

Article 2(b). The Committee notes that regulations on inspection have been drafted and consultations on them are now taking place. It hopes this process will soon be completed and that the Government will provide a copy.

Article 2(d)(ii). The Committee recalls that there should be adequate procedures in conformity with this provision for the investigation of any complaint in connection with the engagement in Costa Rica of Costa Rican (and if possible foreign) seafarers on ships registered in a foreign country, such complaints being reported promptly to the competent authorities of the country in question with a copy to the ILO. Please indicate the measures taken or proposed to ensure compliance with this requirement.

Article 2(f). The Committee has noted the Government's statement on the state of development of the merchant marine in the country and its hope that the merchant marine inspection provisions of the draft regulations will help establish an inspection system. It recalls with interest that the IMO has been lending technical assistance for training inspection staff. Please indicate the progress attained in this regard.

Article 2(g). The Committee has noted the information provided. It hopes the Government will include in future reports the details requested in the report form as to any serious marine casualties occurring.

Article 3. The Committee notes the indication that it is hard for the authorities to control the signing on process in respect of foreign-registered ships, since it usually takes place abroad. It hopes the Government will include information in future reports on this point, in so far as it becomes more practicable to advise Costa Rican nationals of the possible problems.

Article 5. The Committee hopes the Government will continue to provide information on the steps taken in relation to its undertaking, on ratifying the Convention, progressively to fulfil all the requirements of paragraph 1 of this Article.

Please also indicate any measures taken to ensure that there is legislation laying down safety standards for hours of work and manning (Article 2(a) of the Convention).

The Committee would also be grateful for information on any developments as regards port state action in respect of foreign ships (Article 4).

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its previous comments, the Committee notes that the Government's report again explains that there is no merchant fleet in Costa Rica, but that efforts are being made to establish detailed regulations on various matters dealt with in the Convention. The Committee is referring to such details in a new direct request.

The Committee recalls meanwhile that certain provisions of the Convention relate to employment on foreign-registered ships (notably Article 2(d)(ii) and Article 3 concerning engagement procedures within the territory; and Article 4 concerning port state action). It hopes the Government will have due regard to these provisions and supply details of all steps taken to implement them.

Article 5, paragraph 1, provides that the Convention is open to ratification by States which are parties to certain instruments of the International Maritime Organization (IMO). The Committee recalls that, under paragraph 2, a State which, like Costa Rica, is not already a party to the IMO instruments listed in paragraph 1 may ratify the Convention if it gives an undertaking to fulfil the requirements of paragraph 1. Although such an undertaking was duly given by the Government, and the Government earlier indicated the matter has been examined, the Committee would be grateful if the Government would indicate in the near future the measures taken to implement its undertaking in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which dealt with the following:

Article 2(a) of the Convention (Conventions appearing in the Appendix to the Convention but not ratified by Costa Rica):

- Convention No. 22, Articles 5 and 14. The Committee notes that responsibility for these requirements (that a seafarer should, on termination, be given a document containing a record of his employment on board the vessel and showing his discharge and that he has the right to a separate certificate as to the quality of his work or indicating whether he has fully discharged his obligations) has now been transferred to the Department of Marine Transport of the Ministry of Public Works and Transport. That Department is receiving assistance from the International Maritime Organisation (IMO) to deal with the documentation of merchant seafarers as well as fishermen. The Committee hopes progress will be made soon towards meeting the documentation requirements and that the Government will provide full information. Article 6, paragraphs 2 and 3, and Article 9. The Committee recalls that sections 120 and 123 of the 1943 Labour Code referred to by the Government do not deal with the requirement that the agreement should state clearly the respective rights and obligations of the parties and the necessary procedure on termination. It hopes that through the new draft Labour Code or by other legislation this will be accomplished, and the Government will supply details.

- Convention No. 23, Article 5. The Committee notes the Government's statement that it considers it more appropriate to introduce standards as to repatriation expenses and remuneration in accordance with this Article in subordinate legislation. It hopes progress will soon be made towards enacting such regulations and that the Government will provide details. Article 6. Please indicate any progress in applying this Article (supervision by the public authority of the repatriation of seafarers, including, where necessary, the advancement of expenses).

- Convention No. 53, Articles 3 and 4. The Committee notes that a draft is being prepared to give effect to these Articles, but that practical application of the provisions will depend on the development of a national training institute. The Committee recalls that, pending the latter, the requirement of Article 3, paragraph 1 can be met by the recognition of foreign certificates of competency. It hopes the Government will soon be able to indicate progress made especially in this respect. It also observes that, whilst Article 4, paragraph 2(b) calls for the organisation of examinations, it is not necessary for there to be training as such in the country. The Committee hopes the Government will indicate any steps taken through the National Apprenticeship Institute or otherwise as regards the holding of exams for officers' competency.

- Convention No. 68, Article 5. The Committee again notes the Government's assurance that a copy of the regulations designed to give effect to these provisions will be forwarded when they are adopted. The Committee hopes this will be soon.

- Convention No. 73. The Committee would be glad if the Government would indicate any steps taken or proposed to comply with the requirements of Article 4, paragraphs 1 and 3 (the competent authority to prescribe the nature of the medical examination after consulting the shipowners' and seafarers' organisations concerned) and Article 8 (provision for further examination after initial refusal of a certificate).

Article 2(a)(ii). The Committee notes the Government's indication that the Social Security Fund applies to all salaried seafarers in the country but not to foreigners. Please indicate the rough percentage of seafarers on Costa Rican ships (including foreigners and those employed on a casual basis) to whom the Social Security Fund applies.

Article 2(b). The Committee notes that regulations on inspection have been drafted and consultations on them are now taking place. It hopes this process will soon be completed and that the Government will provide a copy.

Article 2(d)(ii). The Committee recalls that there should be adequate procedures in conformity with this provision for the investigation of any complaint in connection with the engagement in Costa Rica of Costa Rican (and if possible foreign) seafarers on ships registered in a foreign country, such complaints being reported promptly to the competent authorities of the country in question with a copy to the ILO. Please indicate the measures taken or proposed to ensure compliance with this requirement.

Article 2(f). The Committee has noted with interest that the IMO is lending technical assistance for training inspection staff. It would be glad if, in this light, the Government would provide details of the size of the inspection staff, numbers and results of inspections and investigations of complaints, and penalties imposed, indicating to which vessels these arrangements apply.

Article 2(g). The Committee has noted the information provided. It hopes the Government will include in future reports the details requested in the report form as to any serious marine casualties occurring.

Article 3. The Committee notes the indication that it is hard for the authorities to control the signing on process in respect of foreign-registered ships, since it usually takes place abroad. It hopes the Government will include information in future reports on this point, in so far as it becomes more practicable to advise Costa Rican nationals of the possible problems.

Article 5. The Committee hopes the Government will continue to provide information on the steps taken in relation to its undertaking, on ratifying the Convention, progressively to fulfil all the requirements of paragraph 1 of this Article.

Please also indicate any measures taken to ensure that there is legislation laying down safety standards for hours of work and manning (Article 2(a) of the Convention).

The Committee would also be grateful for information on any developments as regards port state action in respect of foreign ships (Article 4).