Observation (CEACR) - adopted 2001, published 90th ILC session (2002)

Social Security (Minimum Standards) Convention, 1952 (No. 102) - Costa Rica (Ratification: 1972)

The Committee notes the letter sent by the Rerum Novarum Confederation of Workers with regard to certain points of the application of the Convention. The letter was communicated to the Government on 22 September 2001. It requests the Government to provide information on this matter.

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

I. The Committee notes the information supplied by the Government in its latest report.

1. It notes with interest the adoption of the Regulation of 29 June 1995 concerning invalidity, old-age and survivors’ insurance. The Committee notes that the Regulation still does not appear to envisage payment, in compliance with Part V, Article 29, paragraph 2(a), of the Convention, of a reduced old-age benefit to a person protected who has completed a qualifying period of 15 years of contributions. It requests the Government to indicate the provisions which govern payment of this benefit.

2. The Committee also notes the Workers’ Protection Act adopted on 24 January 2000. It notes that one of the purposes of this Act is to lay down the framework for the establishment of a compulsory supplementary pensions scheme, based on individual capitalization. It requests the Government to supply information on the impact of this Act, in fact and in law, on the relevant parts of the Convention.

II. With reference to its previous comments, the Committee notes that the Government’s report does not reply to most of the questions raised. It is therefore bound to reiterate the points raised previously.

1. The Committee again asks the Government to supply the information required by the report form, Part VI, Article 65, of the Convention, so that it can ascertain the real impact of pension increases in relation to the evolution of the general level of earnings or the cost-of-living index. It also asks the Government to supply in each report information on new increases made in this regard.

2. Part VI (Employment injury benefit), Articles 34, 36 and 38 of the Convention (in conjunction also with Article 69). In its previous comments, the Committee requested the Government to take the necessary measures to amend sections 218, 228-232, 237-239 and 243 of Act No. 6727 of 1982 in order to bring them all into full conformity with the abovementioned provisions of the Convention concerning: (a) the nature of medical care, which must correspond to the provisions of Article 34 of the Convention and be provided free of charge throughout the contingency (namely, until the recovery or the stabilization of the invalidity of the person); and (b) the granting of cash benefits, also throughout the contingency, in the event of a minor or partial disability or of death. Under the abovementioned sections of Act No. 6727, such benefits are, in both cases, paid for a period of five or ten years depending on circumstances, whereas the Convention stipulates that they must be provided throughout the victim’s life and to dependants for as long as they fulfil the conditions prescribed.

In its previous report, the Government indicated that negotiations were continuing between the National Social Security Institute and the Costa Rican Social Security Fund and that study was continuing on the draft reform of Act No. 6727. The Committee expresses the hope that the Bill in question will be adopted in the near future, with possible technical assistance from the ILO, and that the revision will bring national legislation into full compliance with the Convention.

In addition, the Committee would be grateful if the Government would supply detailed information on the questions raised in a direct request.

The Committee hopes that the Government will make every effort to take the necessary action in the very near future.