Observation (CEACR) - adopted 2009, published 99th ILC session (2010)

Dock Work Convention, 1973 (No. 137) - Costa Rica (Ratification: 1975)

National policy to ensure employment for dockworkers. The Committee notes the Government’s report requested for 2009. The Government provides information on the Pacific and the Atlantic ports. With regard to the former, the Costa Rican Pacific Ports Institute (INCOP) confirms that since August 2006, all the workers covered by Convention No. 137 and the Continuity of Employment (Seafarers) Convention, 1976 (No. 145), have been dismissed. The Committee notes that INCOP acts as the guarantor of compliance with workers’ rights for enterprises licensed to operate in Puerto Caldera. INCOP refers to the preliminary study for the drafting of regulations to define the rights of seafarers and dockworkers as part of the staff hired by these enterprises. With regard to the Atlantic ports, the Committee understands that the workers of the Committee for Port Administration and Economic Development of the Atlantic Coast (JAPDEVA) have been offered compensation for dismissal. The Committee notes that the Government has no exact figures for the number of dockworkers covered by the Convention.

In these circumstances, the Committee requests the Government to provide in its next report detailed information on the following matters:

–           the measures taken to encourage all concerned (particularly INCOP and the enterprises licensed to operate on the Atlantic coast) to provide permanent or regular employment for dockworkers (Article 2(1), of the Convention). The report should also indicate the minimum periods of employment or minimum income assured to dockworkers, as prescribed in Article 2, paragraph 2;

–           the manner in which registers are established and maintained for all occupational categories of dockworkers (Article 3(1)); and

–           the manner in which registered dockworkers are assured priority of engagement for dock work (Article 3(2)–(3)).

Article 4, paragraph 2, and Article 5. The Committee emphasizes that the next report should describe the measures taken to prevent or minimise the detrimental effects on dockworkers due to a reduction in numbers and should provide particulars on safety, health, welfare and vocational training provisions applying to dockworkers.

Article 5. The Committee stresses that for dealing with the matters covered by this observation and for improving the efficiency of work in ports, it is important to encourage cooperation between the social partners.