Observation (CEACR) - adopted 2017, published 107th ILC session (2018)

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

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), which were received on 5 September 2016, and the Government’s reply, which was received on 6 January 2017.

Article 1 of the Convention. Representative organizations. The Committee notes the observations of the CTRN, in which the confederation maintains that the most representative workers’ organizations, namely the trade union confederations (third-level umbrella organizations representing blue-collar and white-collar workers from various sectors) are not represented in the Higher Labour Council. The Committee requests the Government to provide information on the measure taken, particularly in relation to the selection criteria, to ensure that the consultations required by the Convention are held with the “most representative organizations of employers and workers”, indicating the criteria used for determining representativeness.

Article 5(1). Effective tripartite consultations. In reply to the Committee’s previous comments, the Government indicates in its report that whenever it has received documents from the ILO it has fulfilled the requirements of Article 5(1) of the Convention. Accordingly, the Government refers, inter alia, to the sending of draft and final reports on the application of ratified Conventions and on unratified Conventions, and also of various ILO questionnaires, to the CTRN and other representative organizations between August 2013 and May 2016. The CTRN, for its part, reiterates its concern at the fact that the Government continues to send reports on the application of ratified Conventions very late and only after it has sent them to the Office, or giving very short notice (on some occasions, only ten days) for the social partners to make any observations that they consider appropriate. The Committee recalls that, in order to be “effective”, consultations must take place before final decisions are taken, irrespective of the nature or form of the procedures adopted. The important factor here is that the persons consulted should be able to put forward their opinions before the government takes its final decision. The effectiveness of consultations thus presupposes in practice that employers’ and workers’ representatives have all the necessary information far enough in advance to formulate their own opinions. Moreover, the Committee recalls that the consultations have to be held during the process of preparing the reports. Where 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, paragraphs 31 and 93). As regards the invitation made by the Committee in its observations of 2012 and 2013, the Government indicates that the Ministry of Labour and Social Security held consultations with the social partners in order to consider the possibility of establishing a schedule for the preparation of reports. In view of the observations of the CTRN, the Committee requests the Government to provide its comments in this respect. The Committee also requests the Government to continue sending information on consultations held on each of the matters related to international labour standards covered by Article 5(1) of the Convention. The Committee further requests the Government to send information on consultations held with the social partners on how implementation of the procedures required by the Convention might be improved, including establishing a schedule for the preparation of reports (Article 5(1)(d)). Moreover, regarding the procedures required by the Convention, the Committee hopes that the Government will take steps to establish an adequate time period to give employers’ and workers’ organizations enough notice to formulate their views and make any comments that they consider appropriate on the draft texts shared by the Government in accordance with Article 5(1).