Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

Medical Examination (Fishermen) Convention, 1959 (No. 113) - Costa Rica (Ratification: 1964)

Article 3 of the Convention. Medical certificate. The Committee recalls its previous comments in which it requested the Government to specify whether the nature of medical examinations to be made and the particulars to be included in the medical certificates issued to fishers have been established in application of section 120 of the Labour Code and section 1 of Decree No. 11325-TSS of 20 March 1980. In its last report, the Government indicates that in a communication of 20 July 2011, the Social Security Fund clarified that these matters fell within the competency of the college of physicians and surgeons, and as a result, the Ministry of Labour and Social Security proceeded to establish, in consultation with the college of physicians and surgeons, the nature of the medical examinations and the particulars to be included in the medical certificates for fishers, as required under this Article of the Convention. The Government also indicates that it hopes to transmit a copy of the standard medical certificate as soon as it becomes available. In this regard, the Committee again recalls that Article 3 of the Convention requires prior consultations with representative organizations of fishing vessel owners and fishers and accordingly requests the Government to clarify whether such consultations have taken place. The Committee also requests the Government to transmit a copy of the legal text establishing the nature of medical examinations to be made and the particulars to be included in the medical certificate issued to fishers and to provide a sample of the standard medical certificate for fishers once it has been finalized.

Part V of the report form. Application in practice. The Committee notes the Government’s indication that once the terms and conditions for issuing medical certificates for fishers are established, it will be able to compile and communicate concrete information regarding the practical application of the Convention. The Committee requests the Government to make every effort to provide in its next report up-to-date information on the application of the Convention in practice, including, for instance, the approximate number of fishers covered by the relevant legislation, the number of medical examinations carried out and medical certificates issued to fishers during the reporting period, and inspection results showing any infringements observed.

Finally, the Committee wishes to draw the Government’s attention to the Work in Fishing Convention, 2007 (No. 188), which revises in an integrated manner most of the existing ILO fishing instruments. In particular, Articles 10 to 12 of Convention No. 188 essentially reproduce the provisions of the present Convention while affording greater flexibility in respect of vessels which are less than 24 metres in length and do not normally remain at sea for more than three days. The Committee invites the Government to give favourable consideration to the ratification of Convention No. 188 and to keep the Office informed of any decision taken in this regard.