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

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

The Committee notes the reports provided by the Government on the application of Conventions Nos 113 and 114 on the fishing sector. The Committee notes that the Government has requested the technical assistance of the Office in this regard and trusts that this assistance will contribute to the full implementation of these Conventions. With regard to the Work in Fishing Convention, 2007 (No. 188), the Government indicates that it was submitted to the Legislative Assembly on 21 May 2009, but was not approved. 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, as follows.

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

Article 3 of the Convention. Medical examination and medical certificate. Tripartite consultations. The Committee previously requested the Government to adopt 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. The Committee notes the Government’s indication that, after consulting institutions working in this area, it was agreed that the College of Physicians and Surgeons of Costa Rica has the authority to specify the content of medical examinations. In this regard, the Government indicates that this professional association has initiated the necessary coordination with the Ministry of Labour and Social Security. The Government also indicates that the Minister of Labour and Social Security convened a meeting with the various institutions involved in the area of fishing and that, as a result, it was agreed that it is necessary to request the technical assistance of the ILO. The Committee understands that the Government has already contacted the Office in this regard and trusts that the technical assistance requested will be provided in the near future.

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

Article 3 of the Convention. Written articles of agreement. The Committee previously requested the Government to indicate the measures adopted to guarantee in practice that fishers’ articles of agreement are drawn up in writing. The Committee notes the Government’s indication that the Ministry of Labour and Social Security has undertaken to: (1) strengthen the necessary measures to disseminate Directive No. 17 of October 2002, which concerns the articles of agreement and medical examinations of fishers, among the employers’ and workers’ organizations in the fishing sector; and (2) reaffirm the provision that fishers’ articles of agreement shall be made available at the National Employment Directorate and the administrative branches of the National Labour Inspection Directorate. While it notes this information, the Committee requests the Government to indicate the follow-up measures adopted by the Ministry.

Article 5. Record of employment. The Committee previously requested the Government to adopt the necessary measures to ensure that a record of employment is maintained for every fisher. The Committee notes the Government’s indication that it has requested the technical assistance of the Office in this regard. The Committee trusts that the technical assistance requested will be provided in the near future and hopes that the necessary measures to give effect to this Article of the Convention will be adopted in the near future.

Article 8. Information on board on conditions of employment. The Committee previously requested the Government to indicate the manner in which it is guaranteed that fishers can obtain clear information on board as to the conditions of employment applicable to them. The Committee notes that the Government refers, inter alia, to sections 282 and 284 of the Labour Code on the obligations of employers. However, the Committee considers that the legislation referred to by the Government does not comply with the requirements of this provision of the Convention, as it does not specifically guarantee that the necessary measures shall be laid down to enable clear information to be obtained on board as to the conditions of employment so that fishers can satisfy themselves as to the nature and extent of their rights and obligations. The Committee once again requests the Government to indicate the measures adopted or envisaged to give effect to this Article of the Convention.

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

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.

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

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.

Direct Request (CEACR) - adopted 2006, published 96th ILC session (2007)

The Committee notes the information provided in the Government’s report. It would be grateful to be provided with further information on the following points.

Article 3 of the Convention. Issuing a medical certificate. The Committee notes the Government’s indication that there is no predefined medical certificate for the examinations carried out in hospitals and health centres and that it is therefore impossible to provide a sample of the medical certificates issued to fishers. The Committee also notes that, with a view to bringing the legislation into conformity with the requirements set out in Article 3 of the Convention, the Government has requested the Social Security Fund to develop a model medical certificate for fishers. While recalling that, under this Article of the Convention, the Government is under the obligation to consult the fishing-boat owners’ and fishers’ organizations concerned with a view to prescribing the nature of the medical examination to be made, and the particulars to be included in the medical certificate, the Committee requests the Government to keep it informed of any development in this field and to provide the above model when it has been finalized.

Part V of the report form. The Committee notes that the Government still does not have available statistical data on the number and nature of infringements reported in relation to issuing medical certificates for fishers. While noting the information on the programme for the computerization of the inspection services, which is being formulated, and the reorganization of the labour inspectorate envisaged by Decree No. 28578-MTSS of 3 February 2000, the Committee hopes that the Government will make every effort to compile and communicate in its next report concrete data on the application of the Convention in practice including, for instance, the number of medical examinations carried out and medical certificates issued each year, the number of inspections conducted and the results achieved by the inspection services.

Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

The Committee notes the Government’s report. It would be grateful if the Government provides in its next report information on the organization and working of inspection (Part III of the report form), information concerning the number and nature of the contraventions reported, if such statistics are available (Part V of the report form), as well as a sample of a medical certificate (Article 3 of the Convention).