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

Costa Rica

Prevention of Accidents (Seafarers) Convention, 1970 (No. 134) (Ratification: 1979)
Merchant Shipping (Minimum Standards) Convention, 1976 (No. 147) (Ratification: 1981)

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.