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Complaint Against the Government of Costa Rica Presented By

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Complaint Against the Government of Costa Rica Presented By GB.277/9/1 CASE NO. 2030 DEFINITIVE REPORT Complaint against the Government of Costa Rica presented by – the Rerum Novarum Confederation of Workers (CTRN) and – the Trade Union of Workers and Retired Persons of the National Registry and Related Persons (SITRARENA) Allegations: Failure to comply with a collective agreement in the public sector and legal restrictions on collective bargaining in the public sector 568. The complaint is contained in a joint communication from the Rerum Novarum Confederation of Workers (CTRN) and the Trade Union of Workers and Retired Workers of the National Registry and Related Persons (SITRARENA) of May 1999. The International Confederation of Free Trade Unions (ICFTU) supported this complaint in a communication dated 29 June 1999. The Government sent its observations in a communication dated 13 August 1999. 569. Costa Rica has ratified the Freedom of Association and Protection of the Right to Organise Convention, 1948 (No. 87), and the Right to Organise and Collective Bargaining Convention, 1949 (No. 98). A. The complainants’ allegations 570. In their communication of May 1999, the Rerum Novarum Confederation of Workers (CTRN) and the Trade Union of Workers and Retired Workers of the National Registry and Related Persons (SITRARENA) explains that the National Registry contains the list of all the country’s real estate, companies, private associations, vehicles on the road, vessels, security provided as a guarantee in banking institutions, livestock records, copyright and everything connected to intellectual property; it also registers the cadastral plans of each property, as well as all other cadastral documents which show the general outlay of these properties and their location. The registry is run by an administrative board, a collegiate body made up of representatives from the authorities and professional bodies selected by the Government on the basis of lists containing three candidates; however, trade union organizations are not represented on this body. 571. The complainants allege that collective bargaining in the public sector is subject to serious limitations and restrictions in Costa Rica and that the regulations concerning collective bargaining in the public service (set up during a previous administration under Decree No. 162 of 6 October 1992 and published in the Official Gazette of 5 March 1993) have not to date been applied. Section 11 of these regulations establishes a certifying committee entrusted with approving, down to the last detail, everything negotiated between the parties and composed entirely of ministries: the Minister of Labour and Social Security, who presides the committee; the Minister of Justice (the administrative superior of the complainants); the Minister of Finance; the Minister of the Presidency; and the Minister of Planning. Section 12 also authorizes the committee to exclude whatever it might not deem fit in the reports submitted to it. Neither SITRAREWA nor the Costa Rican trade union GB277-2000-03-0415-1-EN.Doc 1 GB.277/9/1 movement consider that Decree No. 162 meets workers’ expectations of collective bargaining. Nonetheless, negotiations between the National Registry and SISTRARENA proceeded on the basis of this agreement, culminating in the signing of a “collective agreement”. Section 18 of these same regulations states that: “these standards are of a transitional nature given that a bill to settle collective disputes in the public sector, established as a result of tripartite consultations, shall be submitted to the Legislative Assembly”. However, this bill has not even been discussed before the Legislative Assembly, neither is it among the Government’s priorities. 572. The complainants point out that the certifying committee has only met once on 4 August 1994, when it adopted an agreement requesting the Attorney-General’s Office to pronounce the decree concerning collective bargaining in the public service null and void, which shows that the Government’s representatives on the committee do not believe that the abovementioned decree is legal. 573. The complainants add that the Government denies the existence of the collective agreement signed by SITRARENA, which was the only one that took effect on the basis of the abovementioned regulations. They also point out that this collective agreement has been ignored by the administrative board of the National Registry and the Ministry of Justice and has not been applied, despite the fact that SITRARENA has brought the matter before various administrative and judicial bodies. All this points to the fact that there is no compliance with Conventions Nos. 87, 98 and 135. 574. According to the complainants, after strikes had been carried out, the “collective agreement” was signed, approved by the administrative board of the National Registry and submitted by SITRARENA to the Ministry of Labour and Social Security on 5 August 1995; however, the Minister of Labour and Social Security of that time failed to convene the certifying committee provided for under the collective bargaining regulations which, moreover, at its first (and only) meeting, considered that the decree concerning the abovementioned regulations was illegal and therefore requested that it be annulled. 575. Subsequently, the Ministry of Labour at that time stated the following in writing: … In reply to your request, I should like to inform you that inside the copy of the file enclosed, there is no original or duly certified copy of the “collective bargaining” mentioned with the signatures of the signatory parties or the date of registration. There is only a certified copy of a document with this title, which fails to comply with the conditions mentioned. According to the complainants, it was precisely by using as an argument the inaccurate statement of the former Minister of Labour that the Minister of Justice, who presides the administrative board of the National Registry, succeeded in getting this collegial body to sign an agreement and subsequently annul under decision No. 18-97 all the terms of the agreement concerning the collective bargaining of 17 April 1997. From this moment on, the Director-General of the National Registry asked its representatives to refrain from attending the joint bodies that had been operating for a year on the basis of the “collective agreement” – such as the Labour Relations Board and the Occupational, Safety and Health Committee – and informed all the bodies of the National Registry that all the rights granted workers under the “collective agreement” were null and void. The complainant organizations point out that, given such a serious violation, SITRARENA filed administrative proceedings to annul the decision taken by the administrative board, which are still pending despite the fact that they were initiated more than two years ago (and might take five years). SITRARENA also turned to the Constitutional Court of the Supreme Court of Justice (which dismissed the appeal for amparo (enforcement of constitutional rights)) and the National Inspectorate and the General Labour Board, GB.277/9/1 without success (the complainants summarize a number of decisions and criteria put forward by the Constitutional Court and the Attorney-General’s Office). 576. The complainants add that in a communication dated 24 July 1998, the Legal Affairs Board of the Ministry of Labour made the following pronouncement which goes back on the statement made by the previous Minister of Labour: … 2. The said collective agreement [between SITRARENA and the National Registry] was submitted to this ministry [Ministry of Labour] on 9 August 1995 for approval, in accordance with section 8 of the abovementioned regulations concerning collective bargaining in the public sector, provided for under paragraph 11 of these regulations. To date, no decision has been taken in this respect. … B. Specific reply: taking into account the opinion put forward by the Attorney-General’s Office in the abovementioned communication O.J.-064-98 of 17 July 1998, to the effect that the said regulations [on collective bargaining] are in force, it is the opinion of this Board that the “collective bargaining” that we are examining [National Registry-SITRARENA] should be considered approved, given that the time limit of two months stipulated in paragraph 14 of the said regulations has expired. The problem for the complainants is that this pronouncement had no effect whatsoever and did not serve any purpose because the present Minister of Justice still continues to refuse the existence and validity of the “collective agreement”. The present administration of the National Registry also refuses to acknowledge the “collective agreement” and requests that the matter be settled either by the courts or the ILO. For their part, the complainants request that the existing “collective agreement” should enter into effect and not be arbitrarily ignored; they also ask that it should be effectively recognized in order to re-establish the rights of workers that were infringed and that there should be a possibility for renegotiation once it has expired. The complainants also call for the adoption of legislation promoting collective bargaining in the public sector and request that a direct contacts mission be sent to the country. B. The Government’s reply 577. In its communication of 13 August 1999, the Government states that the complaint contains careless and inexact allegations giving a wrong impression to the ILO of the events which occurred, because it is made up of inaccurate, subjective and rash statements with absolutely no foundation either in fact or in law. The complainants deny the content of communications signed by the former Ministry of Labour, when, in fact, they provide no reliable evidence in support of their statements. 578. The Government adds that the protection of trade union rights is of primary importance because it constitutes one of the major objectives firmly spelt out in the national plan for dialogue, promoted by the President of the Republic with the active participation of the Minister of Labour and Social Security, and all the civil society in Costa Rica.
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