Suites données aux recommandations du comité et du Conseil d’administration - Rapport No. 359, Mars 2011

Effect given to the recommendations of the Committee and the Governing Body

1. 43. In its previous examination of the case in March 2010, the Committee made the following recommendations on the questions still pending [see 356th Report, para. 666]:
   • With respect to the dismissals of the trade union leaders, Mr Teodoro Martínez Martínez, Mr Amado Díaz Guevara (member of the Committee on the Implementation of the Regional Agreement IUF/Colsiba/Chiquita), Mr Ricardo Peck Montiel and Mr Manuel Murillo de la Rosa, the Committee regrets the long period that has elapsed since the commencement of the current court proceedings without rulings being handed down up to now, trusts that the current judicial proceedings will be brought to a conclusion rapidly and requests the Government to keep it informed of their outcome.
   • With regard to the possibility of the ILO Subregional Office undertaking an independent inquiry in the banana sector into the allegations concerning the keeping of blacklists, the Committee notes the acceptance of such a mission by the Government and expects that it will be carried out in the very near future. The Committee requests the Government to keep it informed of any developments in this respect.
2. 44. In its communication of 29 September 2010, the Government provides information on the status of the judicial proceedings involving the trade union officials Teodoro Martínez Martínez (first instance ruling to be handed down shortly), Amado Díaz Guevara (enforceable judgement in the worker’s favour), Peck Montiel (ruling being appealed), and Manuel Murillo de la Rosa (enforceable judgement in the worker’s favour).
3. 45. The Government adds that it would appear from the foregoing information that the judicial cases have been dealt with in the appropriate manner and resolved in strict compliance with the existing guarantees of access to justice and the principle of due process as provided for in Costa Rican law.
4. 46. The Committee takes note of this information and requests the Government to keep it informed of the outcome of the judicial proceedings instigated by the union official Teodoro Martínez Martínez following his dismissal, and of the appeal lodged in connection with the dismissal of union official Peck Montiel.
5. 47. As regards the recommendation concerning the possibility of the ILO Subregional Office undertaking an independent investigation in the banana sector into the allegations concerning the keeping of blacklists, the Government cautions that this is an issue of which the new labour and social security authorities have been informed only recently. For this reason, before agreeing to the possibility of carrying out the mission in question in the country, the Government considers it advisable to reconsider, from a different viewpoint, the request made initially by the supervisory body for an independent investigation in the banana sector. It should be borne in mind that labour inspection is a priority area for the current administration and is being strengthened by institutional projects and the support of international cooperation. Consequently, the Government wishes to formally reconsider its agreement to allow the mission, as it considers that the competent authorities are meeting their obligations and carrying out their functions with regard to supervision and will continue to give particular importance to this sector of the national economy.
6. 48. The Committee takes note of this information, and considers that there is no disadvantage in allowing the labour inspectorate to conduct the investigation into the alleged use of blacklists in the banana sector. The Committee trusts that the Government will be in a position to communicate the results of that investigation before long.