Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

Costa Rica

Medical Examination (Fishermen) Convention, 1959 (No. 113) (Ratification: 1964)
Fishermen's Articles of Agreement Convention, 1959 (No. 114) (Ratification: 1964)

The Committee notes the reports submitted on the application of the Conventions relating to fishing: the Medical Examination (Fishermen) Convention, 1959 (No. 113), and Fishermen’s Articles of Agreement Convention, 1959 (No. 114). The Committee also notes the observations made by the Confederation of Workers Rerum Novarum (CTRN), received on 5 September 2016, and the comments made by the Government in reply to these observations. In order to provide an overview of matters arising in relation to the application of the maritime Conventions, the Committee considers it appropriate to examine them in a single comment, which is set out below.

The Committee notes the Government’s indication that the Legislative Assembly did not vote in favour of ratifying the Work in Fishing Convention, 2007 (No. 188). The Committee requests the Government to report any developments in this regard.

Medical Examination (Fishermen) Convention, 1959 (No. 113)

Article 3 of the Convention. Medical examination and medical certificate. Tripartite consultations. In its previous comments, the Committee noted the Government’s indication that the nature of the medical examination of fishers and the particulars to be included in the relevant medical certificate fell within the competency of the College of Physicians and Surgeons of Costa Rica. The Committee asked the Government to provide information on the consultations held with fishing-boat owners and fishers when prescribing the nature of the medical examination, to send a copy of the text establishing the nature of the medical examination and to provide a sample of the standard medical certificate for fishers. The Committee notes the Government’s indication that the College of Physicians and Surgeons of Costa Rica has developed an assessment to define the terms for the preparation of the medical certificate. Once the text has been approved, the College of Physicians and Surgeons and the Ministry of Labour and Social Security will hold consultations with the organizations concerned. The Government indicates that until this process has been completed and the medical certificate for fishers has been adopted, the medical authorities of the Costa Rican Social Security Fund (CCSS) will conduct a medical assessment of any persons engaged in fishing activities and will issue a general medical certificate.

The Committee notes that the CTRN, referring to an academic study entitled “Work at sea: The situation of fishers in Costa Rica”, alleges that the legal requirement establishing a medical certificate for fishers for the purposes of articles of agreement is not observed in Costa Rica. This situation has negative repercussions, particularly the lack of monitoring in relation to the physical and mental fitness of workers and their increased propensity for accidents. The CTRN also indicates that most of these workers do not have adequate health-care coverage from the CCSS or accident or illness cover. The Committee notes the Government’s indication, in reply to the observations of the CTRN, that according to the statistics of the CCSS, in June 2016, a total of 4,657 persons were recorded as being engaged in fishing and insured, including 1,134 self-employed workers, 467 workers covered by voluntary insurance, and 1,038 covered by special agreements. At that time, 153 employers were registered in fishing activities. The Government indicates that the foregoing shows that fishers are covered by the social security system and have effective access to this benefit and the related rights, including medical examinations. While noting the Government’s reply, the Committee observes that the information provided shows that measures still have not been taken to give full effect to the requirements of Article 3. The Committee draws attention to the particularities of fishing and requests the Government to take, without delay, the necessary measures to prescribe, after consultation with the organizations concerned, the nature of the medical examination to be made and the particulars to be included in the medical certificate. It also requests the Government to provide a sample of the standard medical certificate for fishers once it has been finalized.

Fishermen’s Articles of Agreement Convention, 1959 (No. 114)

Article 3 of the Convention. Written articles of agreement. The Committee observes the indication by the CTRN that the National Employment Directorate of the Ministry of Labour does not provide for seafarers’ articles of agreement, in violation of section 120 of the Labour Code. As a result, work in the fishing sector is not regulated by written articles of agreement, but is left to the discretion of the parties. In general, the CTRN indicates that the aforementioned study reveals the precariousness of fishers’ human and labour rights, the violation of and lack of protection for these rights, and the absence of decent work in the sector. The Committee notes the Government’s indication in its reply that the observations of the CTRN are based on an academic study, which is limited in scope and cannot be used to assess compliance with the provisions of the Conventions relating to fishing. The Committee notes that the Government refers to the existence of six complaints in the sector that were addressed by the labour inspectorate between January 2014 and May 2016. While noting the information provided by the Government, the Committee observes that the Government has not replied to the allegations regarding the non-existence, in practice, of written articles of agreement for fishers. The Committee requests the Government to indicate the measures adopted to ensure the application of this provision of the Convention in practice.

Article 5. Record of employment. The Committee previously recalled that, under Article 5 of the Convention, a record of employment must be established for every fisher. At the end of each voyage or venture a record of service in regard to that voyage or venture must be available to the fisher concerned or entered in his or her service book. The Committee asked the Government to take the necessary measures to give full effect to this requirement of the Convention. The Committee also recalled that this Article does not relate to the establishment of any registration system for fishers, but simply requires the competent authority to prescribe the manner in which a record of the fisher’s employment should be maintained and whether it should be issued separately or entered in the fisher’s service book. A record of service helps fishers to secure other employment and demonstrates their experience at sea. The Committee notes the Government’s reiteration that it requires the technical assistance of the Office to apply this provision of the Convention. The Committee invites the Government to examine the practices followed in other countries with respect to records of service both in fishing and in the maritime sector. The Committee requests the Government to take the necessary measures to give effect to this provision of the Convention, and requests the Office to provide the technical assistance requested.

Article 8. On-board information on conditions of employment. In its previous comments, the Committee asked the Government to indicate how it guarantees that fishers, while on board, have access to clear information as to their conditions of employment, so that they may satisfy themselves as to the nature and extent of their rights. The Committee notes the Government’s indication that the provisions of the Labour Code must be observed in employment contracts in fishing and refers to various provisions that supposedly give effect to Article 8 of the Convention. The Committee nevertheless observes that these provisions do not establish the requirement to specifically inform workers of their conditions of employment. The Committee therefore once again requests the Government to take the necessary measures to give full effect to Article 8 of the Convention.