Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) - Costa Rica (Ratification: 1981)

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the Government’s reports on the application of maritime Conventions Nos 134 and 147. With regard to the Maritime Labour Convention, 2006, as amended (MLC, 2006), the Government indicates that the MLC, 2006, was submitted to the Legislative Assembly on 21 May 2009 without obtaining approval. In order to provide an overall view of matters for attention arising in connection with the application of maritime Conventions, the Committee considers that they are best addressed in a single set of comments, which is set out below.

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134)

Article 2(2) and (3) of the Convention. Statistics on occupational accidents. The Committee requested the Government to supply statistics on occupational accidents on board ship. The Committee notes the Government’s reference to the report from the National Insurance Institute that, according to the Department of Preventive Management, no occupational accidents under these conditions were recorded in the register of serious and fatal accidents, which has been in place since September 2017. The Committee notes this information.

Article 2(4). Investigations of occupational accidents. The Committee requested the Government to adopt the measures required under the Convention with regard to the procedure for the investigation of occupational accidents on board ship. The Committee notes that the Government refers, as it did in its previous report, to section 214 of the Labour Code which provides, inter alia, that the insured employer is required to: (1) investigate the details and circumstances of occupational risks that arise and related statements and communicate them to the National Insurance Institute; (2) report any occupational risks that arise to the National Insurance Institute; and (3) cooperate with the National Insurance Institute in obtaining evidence, details and particulars of all kinds directly or indirectly relating to insurance and the risk covered. The Government also explains that national law designates the shipowner, the master or whoever acts as the employer’s representative on board ship as the competent authority for the investigation of occupational accidents. While noting this information, the Committee recalls that, in accordance with Article 2(4) of the Convention, the competent authority shall undertake an investigation into the causes and circumstances of occupational accidents resulting in loss of life or serious personal injury. The Committee once again requests the Government to indicate the measures taken or envisaged to amend its legislation in order to give full effect to this provision of the Convention.

Articles 4 and 5. Provisions on the prevention of occupational accidents. The Committee requested the Government to provide information on the certification of fishing vessels by the Occupational Health Council and on the new legislation concerning occupational health on fishing vessels. The Committee notes the Government’s indication that it is waiting for the Occupational Health Council to forward information relating to fishing certifications. The Government explains that, under section 198bis of the Labour Code, the certification of fishing vessels for fishing activities is the responsibility of the Ministry of Public Works and Transport, as the custodian of navigation and safety. The Occupational Health Council indicates that, as a result of the cooperation received from the Ministry of Labour, the proposal for a regulation on health and safety in fishing activities is being developed. The Committee requests the Government to provide information on any progress achieved with regard to the adoption of the above-mentioned regulation.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147)

Article 2(a)(iii). Shipboard conditions of employment. Articles of agreement. In its previous comments, the Committee requested the Government to take the necessary measures to ensure adequate protection of the seafarer in case of early termination of employment in a manner that is substantially equivalent to the requirements of Articles 10–14 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22). The Committee notes that the Government refers – as it did in its previous report – to sections 121 and 123 of the Labour Code. The Committee considers that the above-mentioned articles are not substantially equivalent to Articles 10–14 of Convention No. 22, since they appear to refer only to fishing industry workers and do not provide for circumstances in which: (a) a seafarer’s articles of agreement may be rescinded; (b) the shipowner or master may immediately disembark a seafarer; or (c) the seafarer may demand his immediate disembarkment. The Committee again requests the Government to take the necessary measures to ensure adequate protection for seafarers in cases where the employment relationship is terminated early, in a manner substantially equivalent to Articles 10–14 of Convention No. 22.

Article 2(a)(iii). Shipboard living arrangements. Food and catering. The Committee requested the Government to take the necessary measures to ensure substantial equivalence with the food and catering standards set out in the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68). The Committee notes that the Government refers – as it did in its previous report – to section 118 of the Labour Code and section 14 of Act No. 2220 on the Coastal Trade Act and its regulations. The Government indicates that the aforementioned legislation ensures substantial equivalence with Convention No. 68. Nevertheless, the Committee considers that the above-mentioned sections are insufficient to ensure substantial equivalence with Article 5 of Convention No. 68, since they do not establish the obligation to guarantee: (1) the provision of food and water supplies which, having regard to the size of the crew and the duration and nature of the voyage, are suitable in respect of quantity, nutritive value, quality and variety, for all ships regarded as seagoing vessels; or (2) the arrangement and equipment of the catering department in such a manner as to permit the service of proper meals to the members of the crew. The Committee again requests the Government to take the necessary measures to ensure substantial equivalence with the food and catering standards established in Convention No. 68.

Article 5(2). Ratification requirements. In its previous comments, the Committee requested the Government to provide information on compliance with the International Convention on Load Lines (1966). The Committee notes the Government’s indication, in its report, that the aforementioned instrument has not been ratified.

Direct Request (CEACR) - adopted 2015, published 105th ILC session (2016)

The Committee notes the Government’s reports on the application of the maritime Conventions ratified. In order to provide a comprehensive view of the issues to be addressed in relation to the application of maritime Conventions, the Committee considers it appropriate to examine these matters in a single comment, as follows.

The Government has been reporting for a number of years, that the national merchant navy, defined as privately or publicly owned seagoing ships engaged in the commercial transportation of goods or persons, is very limited in size. According to the National Property Register, the country had a total of 151 registered vessels as of 2012. Registered tugboats (three vessels) only operate in port zones within the national territory, and coastal trade (cabotage) (32 vessels) is limited to the transportation of groups of more than five persons or of 2 tonnes of cargo between two national, coastal or river ports on the same coast. The only fleet of considerable size in the country is made up exclusively of fishing vessels which fall outside the scope of application of the Continuity of Employment (Seafarers) Convention, 1976 (No. 145), and the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). The Committee notes that, irrespective of the limited size of the national merchant navy, the Government remains bound to the obligations contained in the maritime Conventions it has ratified.

Recalling that the Maritime Labour Convention, 2006 (MLC, 2006), revises the Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8), the Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16), and Conventions Nos 145 and 147, the Committee notes the Government’s indication that the Executive Power presented the bill on the adoption of the MLC, 2006, before the Legislative Assembly and that the bill is not currently included on the agenda of the plenary of the Legislative Assembly. The Committee requests the Government to continue providing information on any progress towards ratification and implementation of the MLC, 2006.

Unemployment Indemnity (Shipwreck) Convention, 1920 (No. 8). Article 1(2). Definition of “vessel”. The Committee refers to its 1999 comment in which it mentioned the need to define precisely in the second Title, 11th Chapter of the Labour Code, dealing with “work at sea and on navigable waterways”, the terms “ship” or “vessel” to ensure conformity with the Convention. The Committee notes that the Government’s reports received since 1999 indicate that there have not been substantive changes in law and practice in relation to the application of the Convention. The Committee also notes that the Labour Code has not been amended in accordance with the indications made by the Committee. The Committee therefore encourages the Government to amend without delay the second Title, 11th Chapter, of the Labour Code by adding a precise definition of the terms “ship” or “vessel” in conformity with this Article of the Convention.

Medical Examination of Young Persons (Sea) Convention, 1921 (No. 16). Article 2. Prohibition to employ young persons under 18 years of age without a medical certificate. The Committee refers to its 2001 comments in which it noted that, under section 5(m) of the regulations concerning the hiring and conditions of occupational health of adolescents, adopted by Decree No. 29220-MTSS of 30 October 2000 of the Ministry of Labour and Social Security, persons between 15 and 18 years of age are prohibited from working on the high seas. The Committee once again requests the Government to clarify whether persons between 15 and 18 years of age are permitted to work on vessels engaged in coastal navigation.

Continuity of Employment (Seafarers) Convention, 1976 (No. 145). Articles 2–6. National policy to promote continuity of employment for seafarers. In its latest report, the Government indicates that there have not been substantive changes in either law or practice in the application of the Convention and that it undertakes to report any progress achieved in the promotion and development of a maritime industry and the adoption of the general policy envisaged in Article 2 of the Convention. The Committee hopes that the Government will be able to provide information on this subject in the very near future.

Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147). Article 2(a)(i). Safety standard. Medical examination. In its previous comments, the Committee requested the Government to provide a copy of an administrative resolution adopted by the Ministry of Labour and Social Security on medical examinations carried out by private medical practitioners. The Committee notes that the resolution provided by the Government refers to fishers. While it notes that the national legislation does not appear to include provisions on medical certificates for seafarers, the Committee requests the Government to adopt acts or regulations which prescribe: (i) the period of validity of the seafarers’ medical certificate; (ii) the nature of the medical examination to be made and the particulars to be included in the medical certificate; and (iii) the arrangements for re-examination in the event of refusal of a certificate, so as to attain substantial equivalence with the provisions of Articles 4, 5 and 8 of the Medical Examination (Seafarers) Convention, 1946 (No. 73).

Article 2(a)(iii). Shipboard conditions of employment. Articles of agreement. In its previous comments, the Committee noted that the national legislation does not contain specific provisions determining the circumstances in which the shipowner or master may immediately discharge a seafarer, nor those in which the seafarer may demand immediate discharge. The Committee requested the Government to take the necessary measures to ensure adequate protection of the seafarer in case of early termination of employment in a manner that is substantially equivalent to the requirements of Articles 10–14 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22). The Government indicates that the national legislation, particularly the Labour Code, contains specific provisions for the discharge of the worker when the shipowner or captain decide to terminate the seafarer’s agreement or when the worker decides to terminate his employment. The Government refers to sections 120 (seafarers’ agreement), 121 (obligation of the employer to return the worker to the destination established in the agreement prior to its conclusion) and 123 (prohibition to terminate the seafarer’s agreement during the voyage) of the Labour Code and indicates that in the event that, in accordance with section 123, regardless of where the ship is docked, the ship’s master may find a substitute for the seafarer wishing to put an end to the agreement and can terminate it, the shipmaster must comply with the legal provisions on severance and termination notices, payment of damages and compensation, and return of the worker to the destination established in the seafarer’s agreement. The Government indicates that sections 120, 121 and 123 of the Labour Code are substantially equivalent to the criteria in Articles 11 and 12 of Convention No. 22. The Committee nevertheless notes that the provisions mentioned by the Government do not provide for termination of the articles of agreement, nor for the circumstances in which the shipowner or master may immediately discharge a seafarer, nor those in which the seafarer may demand immediate discharge. The Committee once again requests the Government to take the necessary measures to ensure adequate protection of the seafarer in case of early termination of employment in a manner that is substantially equivalent to the requirements of Articles 10–14 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22).

Article 2(a)(iii). Shipboard living arrangements. Food and catering. In its previous comments, the Committee noted that the legislation mentioned by the Government is unrelated to the food supply and catering arrangements on board merchant ships. Moreover, the Committee noted that although in section 118 of the Labour Code mention is made of an adequate quality of food, this is insufficient to ensure substantial equivalence with the specific requirements of Article 5 of the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68). The Government indicates that the national merchant navy is mainly composed of vessels engaged in coastal trade, which encompasses the transport of persons and cargo between national ports. This service is regulated by the Coasting Trade Act of the Republic, No. 2.220, and its regulations. In accordance with section 14(g) of this Act, each vessel engaged in coastal trade is required to carry food and fuel to last 48 hours longer than the normal duration of the voyage, and to provide the authorities with a list. While it notes the information provided by the Government, the Committee observes that the legislative provisions in force are insufficient to ensure substantial equivalence with Article 5 of the Convention No. 68, which establishes that national legislation must require, for all seagoing vessels, that the provision of food and drinking supplies is suitable in respect of quantity, nutritional value, quality and variety, having regard to the size of the crew and the duration and nature of the voyage, and also that the arrangement and equipment of the catering department in every vessel permits the service of proper meals to the members of the crew. The Committee once again requests the Government to take the necessary measures to ensure substantial equivalence with the food and catering standards set out in Convention No. 68.

Article 5(2). Ratification requirements. In its previous comments, the Committee requested the Government to provide information on the measures taken to meet the requirements of this Article of the Convention which it assumed through ratification. In this respect, the Government indicates that the International Convention for the Safety of Life at Sea, 1974, is incorporated into the legal framework through Act No. 8708 of 23 December 2010. The International Convention on Load Lines, 1966, was before the national authorities with a view to its incorporation into the national legal system. Regarding the Regulations for Preventing Collisions at Sea, 1960, and the Convention on the International Regulations for Preventing Collisions at Sea, 1972, the Government indicates that these instruments have not yet been presented to the Legislative Assembly. The Committee requests the Government to provide information on compliance with the International Convention on Load Lines, 1966. Given that Article 5(1) of the Convention provides, in relation to the Regulations for Preventing Collisions at Sea, 1960, and the Convention on the International Regulations for Preventing Collisions at Sea, 1972, that the implementation of those by members is sufficient, the Committee requests the Government to provide information in this respect.

Direct Request (CEACR) - adopted 2010, published 100th ILC session (2011)

Article 2(a)(i) of the Convention. Safety standard. Medical examination. The Committee notes the Government’s reference to a resolution adopted by the Ministry of Labour and Social Security on medical examinations carried out by private medical practitioners. It recalls that detailed standards concerning the nature and validity of the seafarers’ medical certificate and the conditions for re-examination have been included in Standard A1.2 of the Maritime Labour Convention, 2006 (MLC, 2006). The Committee accordingly requests the Government to specify the national laws or regulations prescribing: (i) the period of validity of the seafarers’ medical certificate; (ii) the nature of the medical examination to be made and the particulars to be included in the medical certificate; and (iii) the arrangements for re-examination in the event of refusal of a certificate, so as to attain substantial equivalence with the provisions of Articles 4, 5 and 8 of the Medical Examination (Seafarers) Convention, 1946 (No. 73). In addition, the Committee requests a copy of the resolution referred to in the Government’s report.

Article 2(a)(iii). Shipboard conditions of employment. Articles of agreement. Further to its previous comment, the Committee notes the Government’s reference to section 123 of the Labour Code, which provides that the agreement may not be terminated during the voyage unless the ship’s master finds a substitute for the seafarer wishing to put an end to the agreement. The Committee understands that the national legislation does not contain specific provisions determining the circumstances in which the shipowner or master may immediately discharge a seafarer nor those in which the seafarer may demand immediate discharge. It recalls that, while “substantial equivalence” does not require national laws or regulations to be identical in every respect to the Conventions included in the Appendix to this Convention, they do require those laws or regulations to have in all material respects an effect corresponding to the requirements of the Convention. The Committee therefore requests the Government to take the necessary measures to ensure adequate protection of the seafarer in case of early termination of employment in a manner that is substantially equivalent to the requirements of Articles 10–14 of the Seamen’s Articles of Agreement Convention, 1926 (No. 22). The Committee recalls that similar requirements have been incorporated in Standard A2.1(4)(g), (5) and (6) of the MLC, 2006.

Article 2(a)(iii). Shipboard living arrangements. Food and catering. The Committee notes the Government’s reference to the General Health Act No. 5395 of 1973 and the Ministry of Health Organizational Act No. 5412 of 1973. However, the Committee understands that the legislation mentioned by the Government while applying to the food industry, food distribution facilities and the transportation of raw materials destined to food processing, is unrelated to the food supply and catering arrangements on board merchant ships. It further understands that in section 118 of the Labour Code mention is made of an adequate quality of food, but this is insufficient to ensure substantial equivalence with the specific requirements of Article 5 of the Food and Catering (Ships’ Crews) Convention, 1946 (No. 68), which calls for national laws or regulations providing for food and water supplies suitable in respect of quantity, nutritive value, quality and variety having regard to the size of the crew and the duration and nature of the voyage, and also for catering arrangements and equipment permitting proper meals to be served to the members of the crew. The Committee recalls that the same requirements have been incorporated in Standard A3.2(2) of the MLC, 2006. The Committee therefore requests once more the Government to indicate how substantial equivalence is ensured with the food and catering standards set out in the Convention.

Article 2(f). Flag State inspections. The Committee notes the Government’s indication that inspections related to labour conditions are conducted by the Ministry of Labour and Social Security, while those related to occupational risks are conducted by the National Insurance Institute. It also notes the statistical information provided by the Government concerning the number of inspectors in the provinces of Puntarenas and Limón. The Committee requests the Government to provide detailed particulars on the functioning of its system of inspection of Costa Rican-flagged vessels (for example, number and nature of deficiencies detected, action taken, number of inspectors).

Article 5(2). Ratification requirements. The Committee has been drawing the Government’s attention since 1990 to the need to follow up on the undertaking to fulfil the requirements to which ratification is made subject by Article 5(1) of the Convention and which have still not been satisfied. Although such an undertaking was duly given by the Government, the Office has so far not received any information concerning the steps taken to comply with the requirements of this Article of the Convention. The Committee requests the Government to provide additional explanations in this respect.

Part IV of the report form. Practical application. The Committee requests the Government to provide together with its next report up-to-date information on the practical application of the Convention including, for instance, the number of seafarers covered by the relevant legislation, statistics on flag State and port State inspections, the number and nature of any complaints considered and the action taken, copies of any standardized inspection checklist or inspection report form and official publications, such as activity reports of port authorities.

Finally, the Committee takes this opportunity to recall that Convention No. 147, together with 67 other international maritime labour instruments, is revised by the MLC, 2006. It accordingly hopes that, when considering appropriate measures to bring the national legislation into line with Convention No. 147, the Government will also take due account of the corresponding requirements of the MLC, 2006. The Committee requests the Government to keep the Office informed of any decision taken or envisaged with respect to the early ratification and effective implementation of the MLC, 2006.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

The Committee notes the information in the Government’s report for the period up to 31 May 2004. It requests the Government to provide further information on the following points:

Article 2(a) of the Convention. (Conventions listed in the Appendix to Convention No. 147, but not ratified by Costa Rica).

n  Convention No. 22. Referring to paragraph 186 of the 1990 General Survey on the Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147), the Committee recalls that the essential features of Convention No. 22 on which substantial equivalence would have to be established must include the adequate protection of the seafarer on termination of employment (Articles 10 to 14 of Convention No. 22). It asks the Government to indicate provisions of the national legislation which ensure such protection of seafarers.

n  Convention No. 68 (Article 5). Please indicate specific provisions of the national laws or regulations requiring: (i) the provision of food and water supplies, which, having regard to the size of the crew and the duration of the voyage, are suitable in respect of quantity, nutritive value, quality and variety; and (ii) the arrangement and equipment of the catering department in every vessel in such a manner as to per the service of proper meals to the members of the crew.

n  Convention No. 73. Please indicate specific provisions of the national legislation prescribing: (i) the period of validity of the medical certificate; (ii) the nature of the medical examination to be made and the particulars to be included in the medical certificate; and (iii) arrangements for re-examination in the event of refusal of a certificate.

Article 2(f) of Convention No. 147. Please give details of the functioning of inspection or other arrangements which exist to verify compliance with applicable international labour Conventions in force which Costa Rica has ratified, with the laws and regulations required by Article 2(a) of Convention No. 147 and, as may be appropriate under national law, with applicable collective agreements (for example, inspection staff, numbers and results of inspections and investigation of complaints, penalties imposed).

Direct Request (CEACR) - adopted 2000, published 89th ILC session (2001)

The Committee notes the Government’s reports for the period up to 31 May 1999.

1.  In its previous comments the Committee had asked the Government to supply details of all steps taken to implement the provisions of Article 4 of the Convention. The Committee notes the Government’s indication that in case of receiving a complaint concerning the safety of the ship the competent authorities could use any of the following alternatives: (i) conditional permission to leave the port; (ii) delay in leaving the port; and (iii) detention of the ship. The Government further indicated that within the reporting period no complaints had been filed and no ships had been detained. The Committee would be grateful if the Government could indicate the specific provisions of the national legislation laying down the powers of the competent authority in respect of the detention of foreign ships calling in the ports of Costa Rica as well as describe the existing procedure for the notification of the nearest maritime, consular or diplomatic representative of the flag State when such detention actually takes place.

2.  The Committee also notes the Government’s indication that no measures have been adopted so far to give effect to Articles 2(d)(ii) and 3, and that the matters covered by Article 5, paragraph 1, of the Convention are still under examination. The Committee hopes that the Government will be in a position to report on the progress made in this respect in the very near future, especially on the elaboration and adoption of adequate procedures for the investigation of any complaint made in connection with the engagement in Costa Rica of Costa Rican (and if possible foreign) seafarers on ships registered in a foreign country and for the prompt reporting of such complaint to the competent authority of the country in which the ship is registered, with a copy to the Director-General of the International Labour Office (Article 2(d)(ii) of the Convention).

3.  The Committee further requests the Government to provide information on the following points.

Article 2(a) of the Convention.  (Conventions listed in the Appendix to Convention No. 147, but not ratified by Costa Rica.)

-  Conventions Nos. 73, 68 (Article 5), 53 (Articles 3 and 4), 22 and 23.  In its previous comments the Committee had asked the Government to provide information on the measures undertaken to ensure substantial equivalence of the national legislation with these Conventions. The Committee notes the Government’s indication that it cannot provide information in respect of these Conventions, because they have not been ratified by Costa Rica. The Committee recalls that under Article 2(a) of Convention No. 147 each Member which ratifies this Convention undertakes to have laws or regulations laying down for ships registered in its territory the standards, measures and conditions on the matters listed in this Article and to satisfy itself that the provisions of such laws and regulations are substantially equivalent to the Conventions or Articles of Conventions referred to in the Appendix to Convention No. 147, in so far as the Member is not otherwise bound to give effect to the Conventions in question. In other words, if the Member has ratified the particular Convention listed in the Appendix to Convention No. 147, full compliance with its provisions would be required. If the Member has not ratified the particular Convention listed in the Appendix, such Convention should be applied according to the principle of substantial equivalence,which is explained in the 1990 General Survey of the Committee of Experts on Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) (paragraph 79).

In order to allow the Committee to assess the compliance of the national legislation of Costa Rica with Article 2(a) of Convention No. 147, the Committee requests the Government to indicate the specific provisions of the national legislation substantially equivalent to Conventions or Articles of Conventions referred to in the Appendix to Convention No. 147 which are not ratified by Costa Rica (Conventions Nos. 73, 68 (Article 5),53 (Articles 3 and 4), 22 and 23), and to provide copies of the relevant texts.

Articles 2(a)(i) (standards of hours of work and manning).  Please indicate the specific provisions of the national laws or regulations establishing standards of hours of work and manning for ships registered in Costa Rica.

Articles 2(b) and 2(f).  The Committee asks the Government to indicate whether the regulations governing the activities of the merchant marine inspection have already been adopted and, if so, to provide a copy of such regulations.

4.  The Committee asks the Government to forward to the ILO copies of the relevant laws and regulations mentioned in the report.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

Further to its observation, the Committee notes from the Government's last report that the draft legislation, in preparation for a number of years, has not yet been adopted. It hopes for early adoption of this legislation and for full information in the Government's next report on the following matters raised in its previous direct requests:

Article 2(a) of the Convention (Conventions appearing in the Appendix to the Convention but not ratified by Costa Rica):

- Convention No. 22, Articles 5 and 14. The Committee notes that responsibility for these requirements (that a seafarer should, on termination, be given a document containing a record of his employment on board the vessel and showing his discharge and that he has the right to a separate certificate as to the quality of his work or indicating whether he has fully discharged his obligations) has now been transferred to the Department of Marine Transport of the Ministry of Public Works and Transport. That Department is receiving assistance from the International Maritime Organization (IMO) to deal with the documentation of merchant seafarers as well as fishermen. The Committee hopes progress will be made soon towards meeting the documentation requirements and that the Government will provide full information. Article 6, paragraphs 2 and 3, and Article 9. The Committee recalls that sections 120 and 123 of the 1943 Labour Code referred to by the Government do not deal with the requirement that the agreement should state clearly the respective rights and obligations of the parties and the necessary procedure on termination. It notes that the Government hopes to include amendments in the draft Labour Code.

- Convention No. 23, Article 5. The Committee notes the Government's statement that it considers it more appropriate to introduce standards as to repatriation expenses and remuneration in accordance with this Article in subordinate legislation. It hopes progress will soon be made towards enacting such regulations and that the Government will provide details. Article 6. Please indicate any progress in applying this Article (supervision by the public authority of the repatriation of seafarers, including, where necessary, the advance of expenses).

- Convention No. 53, Articles 3 and 4 (see also Article 2(e) of Convention No. 147). The Committee notes the Government's statement that the National Apprenticeship Institute gives training to the merchant marine and that draft regulations are being prepared to give effect to these Articles; but that practical application of the provisions will depend on the development of a national training institute. The Committee recalls that, pending the latter, the requirement of Article 3, paragraph 1, can be met by the recognition of foreign certificates of competency. It hopes the Government will soon be able to indicate progress made especially in this respect. It also observes that, whilst Article 4, paragraph 2(b), calls for the organization of examinations, it is not necessary for there to be training as such in the country. The Committee hopes the Government will indicate any steps taken through the National apprenticeship Institute or otherwise as regards the holding of exams for officers' competency.

- Convention No. 68, Article 5. The Committee again notes the Government's assurance that it is following up the draft regulations designed to give effect to these provisions. The Committee hopes the next report will provide details.

- Convention No. 73. The Committee would be glad if the Government would indicate any steps taken or proposed to comply with the requirements of Article 4, paragraphs 1 and 3 (the competent authority to prescribe the nature of the medical examination after consulting the shipowners' and seafarers' organizations concerned) and Article 8 (provision for further examination after initial refusal of a certificate).

Article 2(a)(ii). The Committee notes the Government's indication that the Social Security Fund applies to all salaried seafarers in the country but not to foreigners. Please indicate the rough percentage of seafarers on Costa Rican ships (including foreigners and those employed on a casual basis) to whom the Social Security Fund applies.

Article 2(b). The Committee notes that regulations on inspection have been drafted and consultations on them are now taking place. It hopes this process will soon be completed and that the Government will provide a copy.

Article 2(d)(ii). The Committee recalls that there should be adequate procedures in conformity with this provision for the investigation of any complaint in connection with the engagement in Costa Rica of Costa Rican (and if possible foreign) seafarers on ships registered in a foreign country, such complaints being reported promptly to the competent authorities of the country in question with a copy to the ILO. Please indicate the measures taken or proposed to ensure compliance with this requirement.

Article 2(f). The Committee has noted the Government's statement on the state of development of the merchant marine in the country and its hope that the merchant marine inspection provisions of the draft regulations will help establish an inspection system. It recalls with interest that the IMO has been lending technical assistance for training inspection staff. Please indicate the progress attained in this regard.

Article 2(g). The Committee has noted the information provided. It hopes the Government will include in future reports the details requested in the report form as to any serious marine casualties occurring.

Article 3. The Committee notes the indication that it is hard for the authorities to control the signing on process in respect of foreign-registered ships, since it usually takes place abroad. It hopes the Government will include information in future reports on this point, in so far as it becomes more practicable to advise Costa Rican nationals of the possible problems.

Article 5. The Committee hopes the Government will continue to provide information on the steps taken in relation to its undertaking, on ratifying the Convention, progressively to fulfil all the requirements of paragraph 1 of this Article.

Please also indicate any measures taken to ensure that there is legislation laying down safety standards for hours of work and manning (Article 2(a) of the Convention).

The Committee would also be grateful for information on any developments as regards port state action in respect of foreign ships (Article 4).

Observation (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Further to its previous comments, the Committee notes that the Government's report again explains that there is no merchant fleet in Costa Rica, but that efforts are being made to establish detailed regulations on various matters dealt with in the Convention. The Committee is referring to such details in a new direct request. The Committee recalls meanwhile that certain provisions of the Convention relate to employment on foreign-registered ships (notably Article 2(d)(ii) and Article 3 concerning engagement procedures within the territory; and Article 4 concerning port state action). It hopes the Government will have due regard to these provisions and supply details of all steps taken to implement them. Article 5, paragraph 1, provides that the Convention is open to ratification by States which are parties to certain instruments of the International Maritime Organization (IMO). The Committee recalls that, under paragraph 2, a State which, like Costa Rica, is not already a party to the IMO instruments listed in paragraph 1 may ratify the Convention if it gives an undertaking to fulfil the requirements of paragraph 1. Although such an undertaking was duly given by the Government, and the Government earlier indicated the matter has been examined, the Committee would be grateful if the Government would indicate in the near future the measures taken to implement its undertaking in this respect.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

Further to its observation, the Committee notes from the Government's last report that the draft legislation, in preparation for a number of years, has not yet been adopted. It hopes for early adoption of this legislation and for full information in the Government's next report on the following matters raised in its previous direct requests:

Article 2(a) of the Convention (Conventions appearing in the Appendix to the Convention but not ratified by Costa Rica):

- Convention No. 22, Articles 5 and 14. The Committee notes that responsibility for these requirements (that a seafarer should, on termination, be given a document containing a record of his employment on board the vessel and showing his discharge and that he has the right to a separate certificate as to the quality of his work or indicating whether he has fully discharged his obligations) has now been transferred to the Department of Marine Transport of the Ministry of Public Works and Transport. That Department is receiving assistance from the International Maritime Organization (IMO) to deal with the documentation of merchant seafarers as well as fishermen. The Committee hopes progress will be made soon towards meeting the documentation requirements and that the Government will provide full information. Article 6, paragraphs 2 and 3, and Article 9. The Committee recalls that sections 120 and 123 of the 1943 Labour Code referred to by the Government do not deal with the requirement that the agreement should state clearly the respective rights and obligations of the parties and the necessary procedure on termination. It notes that the Government hopes to include amendments in the draft Labour Code.

- Convention No. 23, Article 5. The Committee notes the Government's statement that it considers it more appropriate to introduce standards as to repatriation expenses and remuneration in accordance with this Article in subordinate legislation. It hopes progress will soon be made towards enacting such regulations and that the Government will provide details. Article 6. Please indicate any progress in applying this Article (supervision by the public authority of the repatriation of seafarers, including, where necessary, the advance of expenses).

- Convention No. 53, Articles 3 and 4 (see also Article 2(e) of Convention No. 147). The Committee notes the Government's statement that the National Apprenticeship Institute gives training to the merchant marine and that draft regulations are being prepared to give effect to these Articles; but that practical application of the provisions will depend on the development of a national training institute. The Committee recalls that, pending the latter, the requirement of Article 3, paragraph 1, can be met by the recognition of foreign certificates of competency. It hopes the Government will soon be able to indicate progress made especially in this respect. It also observes that, whilst Article 4, paragraph 2(b), calls for the organisation of examinations, it is not necessary for there to be training as such in the country. The Committee hopes the Government will indicate any steps taken through the National apprenticeship Institute or otherwise as regards the holding of exams for officers' competency.

- Convention No. 68, Article 5. The Committee again notes the Government's assurance that it is following up the draft regulations designed to give effect to these provisions. The Committee hopes the next report will provide details.

- Convention No. 73. The Committee would be glad if the Government would indicate any steps taken or proposed to comply with the requirements of Article 4, paragraphs 1 and 3 (the competent authority to prescribe the nature of the medical examination after consulting the shipowners' and seafarers' organisations concerned) and Article 8 (provision for further examination after initial refusal of a certificate).

Article 2(a)(ii). The Committee notes the Government's indication that the Social Security Fund applies to all salaried seafarers in the country but not to foreigners. Please indicate the rough percentage of seafarers on Costa Rican ships (including foreigners and those employed on a casual basis) to whom the Social Security Fund applies.

Article 2(b). The Committee notes that regulations on inspection have been drafted and consultations on them are now taking place. It hopes this process will soon be completed and that the Government will provide a copy.

Article 2(d)(ii). The Committee recalls that there should be adequate procedures in conformity with this provision for the investigation of any complaint in connection with the engagement in Costa Rica of Costa Rican (and if possible foreign) seafarers on ships registered in a foreign country, such complaints being reported promptly to the competent authorities of the country in question with a copy to the ILO. Please indicate the measures taken or proposed to ensure compliance with this requirement.

Article 2(f). The Committee has noted the Government's statement on the state of development of the merchant marine in the country and its hope that the merchant marine inspection provisions of the draft regulations will help establish an inspection system. It recalls with interest that the IMO has been lending technical assistance for training inspection staff. Please indicate the progress attained in this regard.

Article 2(g). The Committee has noted the information provided. It hopes the Government will include in future reports the details requested in the report form as to any serious marine casualties occurring.

Article 3. The Committee notes the indication that it is hard for the authorities to control the signing on process in respect of foreign-registered ships, since it usually takes place abroad. It hopes the Government will include information in future reports on this point, in so far as it becomes more practicable to advise Costa Rican nationals of the possible problems.

Article 5. The Committee hopes the Government will continue to provide information on the steps taken in relation to its undertaking, on ratifying the Convention, progressively to fulfil all the requirements of paragraph 1 of this Article.

Please also indicate any measures taken to ensure that there is legislation laying down safety standards for hours of work and manning (Article 2(a) of the Convention).

The Committee would also be grateful for information on any developments as regards port state action in respect of foreign ships (Article 4).

Observation (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been received. It must therefore repeat its previous observation which read as follows:

Further to its previous comments, the Committee notes that the Government's report again explains that there is no merchant fleet in Costa Rica, but that efforts are being made to establish detailed regulations on various matters dealt with in the Convention. The Committee is referring to such details in a new direct request. The Committee recalls meanwhile that certain provisions of the Convention relate to employment on foreign-registered ships (notably Article 2(d)(ii) and Article 3 concerning engagement procedures within the territory; and Article 4 concerning port state action). It hopes the Government will have due regard to these provisions and supply details of all steps taken to implement them. Article 5, paragraph 1, provides that the Convention is open to ratification by States which are parties to certain instruments of the International Maritime Organization (IMO). The Committee recalls that, under paragraph 2, a State which, like Costa Rica, is not already a party to the IMO instruments listed in paragraph 1 may ratify the Convention if it gives an undertaking to fulfil the requirements of paragraph 1. Although such an undertaking was duly given by the Government, and the Government earlier indicated the matter has been examined, the Committee would be grateful if the Government would indicate in the near future the measures taken to implement its undertaking in this respect.

Direct Request (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its observation, the Committee notes from the Government's last report that the draft legislation, in preparation for a number of years, has not yet been adopted. It hopes for early adoption of this legislation and for full information in the Government's next report on the following matters raised in its previous direct requests:

Article 2(a) of the Convention (Conventions appearing in the Appendix to the Convention but not ratified by Costa Rica):

- Convention No. 22, Articles 5 and 14. The Committee notes that responsibility for these requirements (that a seafarer should, on termination, be given a document containing a record of his employment on board the vessel and showing his discharge and that he has the right to a separate certificate as to the quality of his work or indicating whether he has fully discharged his obligations) has now been transferred to the Department of Marine Transport of the Ministry of Public Works and Transport. That Department is receiving assistance from the International Maritime Organization (IMO) to deal with the documentation of merchant seafarers as well as fishermen. The Committee hopes progress will be made soon towards meeting the documentation requirements and that the Government will provide full information. Article 6, paragraphs 2 and 3, and Article 9. The Committee recalls that sections 120 and 123 of the 1943 Labour Code referred to by the Government do not deal with the requirement that the agreement should state clearly the respective rights and obligations of the parties and the necessary procedure on termination. It notes that the Government hopes to include amendments in the draft Labour Code.

- Convention No. 23, Article 5. The Committee notes the Government's statement that it considers it more appropriate to introduce standards as to repatriation expenses and remuneration in accordance with this Article in subordinate legislation. It hopes progress will soon be made towards enacting such regulations and that the Government will provide details. Article 6. Please indicate any progress in applying this Article (supervision by the public authority of the repatriation of seafarers, including, where necessary, the advance of expenses).

- Convention No. 53, Articles 3 and 4 (see also Article 2(e) of Convention No. 147). The Committee notes the Government's statement that the National Apprenticeship Institute gives training to the merchant marine and that draft regulations are being prepared to give effect to these Articles; but that practical application of the provisions will depend on the development of a national training institute. The Committee recalls that, pending the latter, the requirement of Article 3, paragraph 1, can be met by the recognition of foreign certificates of competency. It hopes the Government will soon be able to indicate progress made especially in this respect. It also observes that, whilst Article 4, paragraph 2(b), calls for the organisation of examinations, it is not necessary for there to be training as such in the country. The Committee hopes the Government will indicate any steps taken through the National apprenticeship Institute or otherwise as regards the holding of exams for officers' competency.

- Convention No. 68, Article 5. The Committee again notes the Government's assurance that it is following up the draft regulations designed to give effect to these provisions. The Committee hopes the next report will provide details.

- Convention No. 73. The Committee would be glad if the Government would indicate any steps taken or proposed to comply with the requirements of Article 4, paragraphs 1 and 3 (the competent authority to prescribe the nature of the medical examination after consulting the shipowners' and seafarers' organisations concerned) and Article 8 (provision for further examination after initial refusal of a certificate).

Article 2(a)(ii). The Committee notes the Government's indication that the Social Security Fund applies to all salaried seafarers in the country but not to foreigners. Please indicate the rough percentage of seafarers on Costa Rican ships (including foreigners and those employed on a casual basis) to whom the Social Security Fund applies.

Article 2(b). The Committee notes that regulations on inspection have been drafted and consultations on them are now taking place. It hopes this process will soon be completed and that the Government will provide a copy.

Article 2(d)(ii). The Committee recalls that there should be adequate procedures in conformity with this provision for the investigation of any complaint in connection with the engagement in Costa Rica of Costa Rican (and if possible foreign) seafarers on ships registered in a foreign country, such complaints being reported promptly to the competent authorities of the country in question with a copy to the ILO. Please indicate the measures taken or proposed to ensure compliance with this requirement.

Article 2(f). The Committee has noted the Government's statement on the state of development of the merchant marine in the country and its hope that the merchant marine inspection provisions of the draft regulations will help establish an inspection system. It recalls with interest that the IMO has been lending technical assistance for training inspection staff. Please indicate the progress attained in this regard.

Article 2(g). The Committee has noted the information provided. It hopes the Government will include in future reports the details requested in the report form as to any serious marine casualties occurring.

Article 3. The Committee notes the indication that it is hard for the authorities to control the signing on process in respect of foreign-registered ships, since it usually takes place abroad. It hopes the Government will include information in future reports on this point, in so far as it becomes more practicable to advise Costa Rican nationals of the possible problems.

Article 5. The Committee hopes the Government will continue to provide information on the steps taken in relation to its undertaking, on ratifying the Convention, progressively to fulfil all the requirements of paragraph 1 of this Article.

Please also indicate any measures taken to ensure that there is legislation laying down safety standards for hours of work and manning (Article 2(a) of the Convention).

The Committee would also be grateful for information on any developments as regards port state action in respect of foreign ships (Article 4).

Observation (CEACR) - adopted 1991, published 78th ILC session (1991)

Further to its previous comments, the Committee notes that the Government's report again explains that there is no merchant fleet in Costa Rica, but that efforts are being made to establish detailed regulations on various matters dealt with in the Convention. The Committee is referring to such details in a new direct request.

The Committee recalls meanwhile that certain provisions of the Convention relate to employment on foreign-registered ships (notably Article 2(d)(ii) and Article 3 concerning engagement procedures within the territory; and Article 4 concerning port state action). It hopes the Government will have due regard to these provisions and supply details of all steps taken to implement them.

Article 5, paragraph 1, provides that the Convention is open to ratification by States which are parties to certain instruments of the International Maritime Organization (IMO). The Committee recalls that, under paragraph 2, a State which, like Costa Rica, is not already a party to the IMO instruments listed in paragraph 1 may ratify the Convention if it gives an undertaking to fulfil the requirements of paragraph 1. Although such an undertaking was duly given by the Government, and the Government earlier indicated the matter has been examined, the Committee would be grateful if the Government would indicate in the near future the measures taken to implement its undertaking in this respect.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee notes that the Government's report has not been received. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the matters raised in its previous direct request, which dealt with the following:

Article 2(a) of the Convention (Conventions appearing in the Appendix to the Convention but not ratified by Costa Rica):

- Convention No. 22, Articles 5 and 14. The Committee notes that responsibility for these requirements (that a seafarer should, on termination, be given a document containing a record of his employment on board the vessel and showing his discharge and that he has the right to a separate certificate as to the quality of his work or indicating whether he has fully discharged his obligations) has now been transferred to the Department of Marine Transport of the Ministry of Public Works and Transport. That Department is receiving assistance from the International Maritime Organisation (IMO) to deal with the documentation of merchant seafarers as well as fishermen. The Committee hopes progress will be made soon towards meeting the documentation requirements and that the Government will provide full information. Article 6, paragraphs 2 and 3, and Article 9. The Committee recalls that sections 120 and 123 of the 1943 Labour Code referred to by the Government do not deal with the requirement that the agreement should state clearly the respective rights and obligations of the parties and the necessary procedure on termination. It hopes that through the new draft Labour Code or by other legislation this will be accomplished, and the Government will supply details.

- Convention No. 23, Article 5. The Committee notes the Government's statement that it considers it more appropriate to introduce standards as to repatriation expenses and remuneration in accordance with this Article in subordinate legislation. It hopes progress will soon be made towards enacting such regulations and that the Government will provide details. Article 6. Please indicate any progress in applying this Article (supervision by the public authority of the repatriation of seafarers, including, where necessary, the advancement of expenses).

- Convention No. 53, Articles 3 and 4. The Committee notes that a draft is being prepared to give effect to these Articles, but that practical application of the provisions will depend on the development of a national training institute. The Committee recalls that, pending the latter, the requirement of Article 3, paragraph 1 can be met by the recognition of foreign certificates of competency. It hopes the Government will soon be able to indicate progress made especially in this respect. It also observes that, whilst Article 4, paragraph 2(b) calls for the organisation of examinations, it is not necessary for there to be training as such in the country. The Committee hopes the Government will indicate any steps taken through the National Apprenticeship Institute or otherwise as regards the holding of exams for officers' competency.

- Convention No. 68, Article 5. The Committee again notes the Government's assurance that a copy of the regulations designed to give effect to these provisions will be forwarded when they are adopted. The Committee hopes this will be soon.

- Convention No. 73. The Committee would be glad if the Government would indicate any steps taken or proposed to comply with the requirements of Article 4, paragraphs 1 and 3 (the competent authority to prescribe the nature of the medical examination after consulting the shipowners' and seafarers' organisations concerned) and Article 8 (provision for further examination after initial refusal of a certificate).

Article 2(a)(ii). The Committee notes the Government's indication that the Social Security Fund applies to all salaried seafarers in the country but not to foreigners. Please indicate the rough percentage of seafarers on Costa Rican ships (including foreigners and those employed on a casual basis) to whom the Social Security Fund applies.

Article 2(b). The Committee notes that regulations on inspection have been drafted and consultations on them are now taking place. It hopes this process will soon be completed and that the Government will provide a copy.

Article 2(d)(ii). The Committee recalls that there should be adequate procedures in conformity with this provision for the investigation of any complaint in connection with the engagement in Costa Rica of Costa Rican (and if possible foreign) seafarers on ships registered in a foreign country, such complaints being reported promptly to the competent authorities of the country in question with a copy to the ILO. Please indicate the measures taken or proposed to ensure compliance with this requirement.

Article 2(f). The Committee has noted with interest that the IMO is lending technical assistance for training inspection staff. It would be glad if, in this light, the Government would provide details of the size of the inspection staff, numbers and results of inspections and investigations of complaints, and penalties imposed, indicating to which vessels these arrangements apply.

Article 2(g). The Committee has noted the information provided. It hopes the Government will include in future reports the details requested in the report form as to any serious marine casualties occurring.

Article 3. The Committee notes the indication that it is hard for the authorities to control the signing on process in respect of foreign-registered ships, since it usually takes place abroad. It hopes the Government will include information in future reports on this point, in so far as it becomes more practicable to advise Costa Rican nationals of the possible problems.

Article 5. The Committee hopes the Government will continue to provide information on the steps taken in relation to its undertaking, on ratifying the Convention, progressively to fulfil all the requirements of paragraph 1 of this Article.

Please also indicate any measures taken to ensure that there is legislation laying down safety standards for hours of work and manning (Article 2(a) of the Convention).

The Committee would also be grateful for information on any developments as regards port state action in respect of foreign ships (Article 4).