Observation (CEACR) - adopted 2013, published 103rd ILC session (2014)

Tripartite Consultation (International Labour Standards) Convention, 1976 (No. 144) - Costa Rica (Ratification: 1981)

Article 5(1) of the Convention. Tripartite consultations required by the Convention. With regard to the observation of 2012, the Committee notes the Government’s report which indicates that each time documents have been received from the ILO, the requirements of Article 5 of the Convention have been met. The Government has submitted a list of communications for the period 2011–13 sent to the social partners that relate to Article 5(1) of the Convention. In response to the request made in the 2012 observation, the Government states its readiness to discuss with the social partners the possibility of establishing a schedule for the preparation of reports. In a communication of 30 August 2013, the Confederation of Workers Rerum Novarum (CTRN) expresses concern that the government authorities have not presented their reports to the workers’ organizations before transmitting them to the ILO, which prevents the organizations to submit relevant observations. The Committee recalls that the tripartite consultations required by Article 5(1)(d) of the Convention have to be held during the process of preparing the reports. When written consultations are held, the Government should transmit to the representative organizations a draft report in order to gather their opinions in advance, before preparing its definitive report (see General Survey of 2000 on tripartite consultation, paragraph 93). The Committee invites the Government to continue providing information on the consultations held on each of the matters listed in Article 5(1) of the Convention. It also invites the Government to consult with the social partners as to how implementation of the procedures required by the Convention could be improved, and to consider the possibility of establishing a schedule for the preparation of reports (Article 5(1)(d)).