Demande directe (CEACR) - adoptée 2010, publiée 100ème session CIT (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.