Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Costa Rica (Ratification: 1960)

The Committee notes the Government's report as well as the information supplied by the Government representative and the debate which took place in the Conference Committee in June 1997 and recalls that its comments concerned the following provisions:

-- article 60(2) of the Constitution which prohibits foreigners from holding office or exercising authority in trade unions;

-- sections 368 and 369(a), (b) and (c) of the Labour Code (sections 375 and 376 under the new numbering as revised by legislative reforms up to 1996), which prohibit the exercise of the right to strike in the public sector, in the stock-raising and forestry sector and in the rail, maritime and air transport sector.

The Committee notes with interest that in August 1997 the Government submitted to the Legislative Assembly two Bills prepared with ILO technical assistance, to amend article 60, second paragraph, of the Constitution as well as section 369(b) of the Labour Code (section 376(b) under the new numbering as revised by legislative reforms up to 1996) for the purpose of bringing them into conformity as indicated by the Committee.

The first Bill repeals the prohibition on foreigners from holding office or exercising authority in trade unions, and the second repeals the prohibition on the exercise of the right to strike in the stock-raising and forestry sector.

The Committee requests the Government to keep it informed of any progress made regarding the adoption of the two Bills in question and to send it copies of the texts once they have been approved.

The Committee hopes that the Government will continue to make efforts to eliminate from legislation the prohibitions on the right to strike in the public sector (with the possible exception of public servants exercising authority in the name of the State) and in the rail, maritime and air transport sector (now sections 375 and 376 of the Labour Code). The Committee requests the Government to keep it informed of any measures adopted in this respect.