Observation (CEACR) - adopted 2023, published 112nd ILC session (2024)

Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87) - Costa Rica (Ratification: 1960)

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The Committee notes the Government’s reply to the observations of the International Trade Union Confederation (ITUC), the Confederation of Workers Rerum Novarum (CTRN) and the National Association of Nursing Professionals (ANPE) of 2020. The Committee also notes the joint detailed observations of the CTRN, the Costa Rican Confederation of Democratic Workers (CCTD), the Costa Rican Workers’ Movement Central (CMTC), the General Confederation of Workers (CGT) and the Workers’ Unitary Confederation (CUT), received on 1 September 2023 which, like those of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) transmitted by the Government with its report, concern issues that the Committee is examining in this observation, as well as in the direct request that accompanies this observation. The Committee further notes the detailed observations of the Unity in Trade Union Action (UAS), received on 31 October 2023, which also cover issues examined below. The Committee requests the Government to provide its comments in this respect.

Pending legislative issues. Articles 2 and 4 of the Convention. The Committee recalls that for several years its comments have referred to the following issues:

• The need to amend section 344 of the Labour Code to establish a short, specific period for the administrative authority to reach a decision on the registration of trade unions, after which, in the absence of a decision, they are deemed to have obtained legal personality. The Committee notes that although the Government reiterates that this situation has been remedied in practice for more than a decade, it highlights its agreement to seek possible reforms and assistance in this matter. The Committee also notes that the trade union confederations highlight that there remains an urgent need to amend section 344 of the Labour Code since, in practice, the deadlines set forth in this provision extend by months, and this situation generates confusion among affiliates and compromises the worker-employer relationship, leading to employers taking advantage so as not to recognize the organization.
• The need to amend section 346(a) of the Labour Code, which requires the executive board of trade unions to be appointed every year. While the Committee notes that the Government has not provided information in this respect, it recalls that previously the Government indicated that the Register of Civil Organizations does not apply this provision and the Ministry of Labour and Social Security (MTSS), in practice, guarantees organizations full autonomy in determining the term of their executive boards. The Committee notes that the trade union confederations highlight that that while it is true provisions of more subordinate law have resulted in the Department of Social Organizations of the MTSS accepting the registration of executive boards for a duration of more than one year, this does not entail legal certainty.
• The need to amend article 60(2) of the Constitution and section 345(e) of the Labour Code, which prohibit foreigners from holding office or exercising authority in trade unions. The Committee notes the Government’s indication that, while it understands and supports the Committee’s request, the process of constitutional reform entails particular difficulties which have prevented progress in this respect to ensure the participation of foreigners in trade union office. The Committee notes that the trade union confederations highlight that it is unacceptable that the Government, due to a lack of political will, has not acted as necessary to present a reform or derogation of section 60(2) of the Constitution and of section 345(e) of the Labour Code. The trade union confederations also highlight that the migrant population constitutes 95 per cent of the working population in agro-industrial activities and the construction industry, and that they are all prevented from holding positions of management or authority in trade unions.

While regretting to note once again that no progress has been made in relation to the matters raised, the Committee takes due note that the Government highlights its agreement to seek possible reforms and assistance in some of these matters. Reiterating the need for the Government to take all necessary measures to amend the above-mentioned provisions of the Labour Code and the Constitution, as well as the practice of their application by the relevant authorities into conformity with the Convention, the Committee hopes that the Government will receive the assistance referred to and will take the measures requested as soon as possible. The Committee requests it to provide information on any progress in this respect.

The Committee is raising other matters in a request addressed directly to the Government.