Demande directe (CEACR) - adoptée 1993, publiée 80ème session CIT (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).