Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

Fishermen's Articles of Agreement Convention, 1959 (No. 114) - Costa Rica (Ratification: 1964)

The Committee notes the information provided in the Government’s report. It would, however, like to receive further information on the following points.

Article 3 of the Convention. Fishermen’s articles of agreement. The Committee notes that, by virtue of section 24 of the Labour Code, the Ministry of Labour and Social Security may draw up model articles of agreement for each occupational category. It also notes the Government’s indication that the National Employment Directorate of the Ministry of Labour, in its Directive No. 17 of 17 October 2002, drew up a model of articles of agreement for fishers, which is available to fishers and employers from the National Labour Directorate and the regional offices of the National Labour Inspectorate. The Committee requests the Government to communicate a copy of the model of articles of agreement for fishers.

Article 4. Stipulation to depart from rules as to jurisdiction. The Committee requests the Government to indicate the manner in which it is ensured that articles of agreement do not contain any stipulation to depart from the ordinary rules as to jurisdiction over the agreement, as is required under Article 4 of the Convention.

Article 5. Keeping of records of employment and making such records available to fishers. The Committee notes the Government’s indication that it does not have any sample records of employment for fishers and that it requested the Office’s technical assistance to develop a registration system allowing for the application of this provision of the Convention. The Committee requests the Government to keep it informed of any developments made in this regard with the technical support of the Office, and to provide copies of any relevant documents as soon as they come into existence.

Article 7. Recording of the agreement in the list of crew. The Committee requests the Government to indicate whether there are any provisions which envisage the recording of fishers’ articles of agreement in the crew list and, if so, to provide copies of any relevant texts.

Article 8. Information on board fishing vessels. The Committee requests the Government to indicate the measures taken to enable the fisher to obtain clear information on board as to the conditions of employment, as required under this Article of the Convention, and, if appropriate, to provide copies of any relevant texts.

Part V of the report form. The Committee notes the Government’s indication that, in 2005, 1,615 workers (0.08 per cent of the active population) were employed in the fishing sector. It also understands that the Government is currently developing an automated labour inspection and management system (SAIL) that will allow better access to statistical information concerning the activities of the labour inspection services. The Committee requests the Government to continue providing general information on the application of the Convention in practice, including, for instance, information concerning the number of fishers signed on each year, and the number and tonnage of the fishing vessels in operation that are covered by the Convention, etc.