Demande directe (CEACR) - adoptée 2000, publiée 89ème session CIT (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.