Observation (CEACR) - adoptée 1998, publiée 87ème session CIT (1999)

1. The Committee took note in an earlier observation of the comments made by the Costa Rica Inter-Confederal Committee on 26 August 1997, concerning alleged violations of various Conventions ratified by Costa Rica, including Convention No. 111. These comments were communicated to the Government on 12 September 1997 for any reply it deemed appropriate to make. The Government sent its comments in a communication dated 9 June 1998.

2. In its comments, the Costa Rica Inter-Confederal Committee alleges that Costa Rican footballers cannot freely obtain employment for the following reasons:

-- Every professional team must register its players' list with the Competitions Department of the Costa Rica Football Federation, a private association of football employers.

-- No footballer can work officially for an employing sports association without being registered.

-- A footballer wishing to change employers must be de-registered from the team in which he is currently employed.

-- The de-registration may take place for one of three reasons: (1) it is the wish of the employer; (2) it is stipulated under the terms of an employment contract; or (3) it is required following the decision of an arbitration panel operating under the auspices of the Football Federation.

3. The trade union organization also alleges that the worker is required to pay a sum of money or sign a declaration renouncing his employment rights, under the threat of refusal to de-register him, which would prevent him from finding other employment. The Committee notes the fact that the Costa Rica Inter-Confederal Committee alleges that under these circumstances, "it is discriminatory to make the footballer's choice of employment dependent on the wishes of his current employer".

4. The Committee notes that the Government's information is consonant with the information provided by the trade union organization with regard to the restrictions on freedom of contract contained in the Rules of the Football Federation, but considers that the situation which has given rise to the complaint is not covered by Convention No. 111 because the restriction imposed on the freedom of footballers to seek other employment (de-registration subject to the wish of the employer) is not based on one of the grounds of discrimination prohibited by the Convention.

5. In its comments, the Costa Rica Inter-Confederal Committee also alleges that the Government tolerates employment announcements which, in a discriminatory manner, set unreasonable conditions or requirements relating to age or sex. The Committee notes that it has not been provided with any specific examples of such announcements, and, in the absence of any information in this regard, finds itself unable to examine this question.

6. The Committee notes with interest the Bill inserting section 109bis in the Organic Law on the National Banking System, concerning measures to promote access to credit for women (Official Gazette, No. 20 of 29 January 1998). This section provides that commercial state banks must promote the development of women (by earmarking at least 30 per cent of their total credit capital for women), preferably women using home-produced raw material in activities which constitute their principal source of income. The banks must also advertise these measures to encourage more women to take advantage of this credit. The Committee notes the potential value of this measure for promoting equal treatment of men and women in employment and occupation, and asks the Government to keep it informed of any follow-up to this project and to provide a copy of the Law in question once it has been adopted.

7. The Committee also notes with interest the draft revision of subparagraph (a) of section 81bis and the addition of sections 161bis and 161ter of the Penal Code (Act No. 4573), published in the Official Gazette No. 134 of 13 July 1998. Under these provisions, sexual harassment and propositioning will be public offences liable to private prosecution and punishable with a prison sentence of between one and two years and two and three years, respectively. The Committee requests the Government to provide a copy of the Act in question once it has been adopted.

8. The Committee refers to its General Survey of 1988 on equality in employment and occupation (paragraphs 30 to 74) with regard to measures taken by countries to guarantee equality of opportunity and treatment in respect of certain types of discrimination, the grounds for which are not referred to in Article 1, paragraph 1(a), of the Convention, giving rise to the definition of new grounds for discrimination under Article 1, paragraph 1(b), of the Convention. The Committee notes with interest the enactment of the General Act respecting HIV-AIDS published in Official Gazette No. 96 of 20 May 1998. Under section 4 of the General Act, all carriers of HIV-AIDS are entitled to freedom from interference in their activities at work, in their occupations and in education. Section 10 of the same Act prohibits any discrimination in employment against any worker with HIV-AIDS, and prohibits any employer, whether public or private, Costa Rican or foreign, from requiring reports or medical certificates from workers concerning their HIV-AIDS status as a condition for obtaining or retaining employment.