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TITLE: COSTA RICA HUMAN RIGHTS PRACTICES, 1993
DATE: JANUARY 31, 1994
AUTHOR: U.S. DEPARTMENT OF STATE
COSTA RICA
Costa Rica is a well-established, stable democracy with
separate executive, legislative, and judicial branches. A
Supreme Electoral Tribunal is considered a fourth branch of
government. Elections for president, two vice presidents, and
57 deputies to a unicameral Legislative Assembly are held every
4 years; they have been free and fair. Rafael Angel Calderon
won the February 1990 presidential election, in which
approximately 80 percent of eligible voters participated. The
President is constitutionally barred from reelection. Members
of the Legislative Assembly may be reelected but only after at
least one term out of office. The next presidential and
legislative elections will be held in February 1994.
The 1949 Constitution abolished Costa Rica's army. Several
government ministries share responsibilities for law
enforcement and national security: The Ministry of Public
Security includes the Civil Guard, the Crime Prevention Unit,
and the Antidrug Police; the Ministry of Government includes
the Rural Guard and the Directorate of Narcotics and
Intelligence; and the Ministry of the Presidency has the
Directorate of Intelligence and Security. The Judicial Police,
under the Supreme Court, is an investigative force, while the
San Jose Metropolitan Police and the Transit Police within the
Ministry of Public Works and Transportation also have limited
police functions. Public security forces generally observe
procedural safeguards established by law and the Constitution,
but there have been occasional incidents of the use of
excessive force by the police.
Export-oriented businesses, both in agriculture and light
industry, lead the Costa Rican economy. Economic growth
accelerated in 1992 to about 7.3 percent but slowed in 1993 to
about 6 percent. The right to own private property is
protected by the Constitution; however, foreign and Costa Rican
property owners who have had land expropriated for national
parks, Indian reserves, or squatters have had significant
difficulties receiving adequate compensation in a timely manner.
Costa Ricans enjoy a wide range of individual rights and
freedoms. Complaints of human rights abuse, when they arise,
tend to cite delays in the judicial process (many prisoners are
subjected to lengthy periods of pretrial custody) or
discrimination against blacks, Indians, and women. The police,
particularly the Rural Guard, have sometimes used excessive
force. There were credible charges that in September seven
Judicial Police officers tortured and killed a suspected gang
member.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
The Government does not practice, abet, or condone political
killing, and none was reported.
Serious charges arose in September, when a suspected member of
a gang of thieves died while in the custody of the Judicial
Police. A subsequent autopsy revealed that he had been beaten
to death. Seven members of the Judicial Police were arrested,
and an investigation of the incident continued at year's end.
All seven have been discharged from the police force, and three
are under indictment.
In February 1992 residents of the Talamanca region testified
that members of a 13-man counternarcotics Rural Guard unit beat
and shot two suspected drug traffickers. These Rural Guards,
known as the "Cobra Command," were also accused of mistreating
local residents, forcing some to serve as supply- bearers, and
assaulting two women. The entire squad was taken into custody
when the Judicial Police began an immediate investigation. The
two commanding officers (charged with committing the murders)
are under indictment; the other 11 were subsequently released.
b. Disappearance
There were no known or reported incidents of politically
motivated abductions or secret arrests.
c. Torture and Other Cruel, Inhuman, or Degrading
Treatment or Punishment
The Constitution prohibits cruel or degrading treatment and
holds invalid any statement obtained through violence. These
prohibitions are generally respected in practice, but incidents
of police mistreatment are sometimes reported.
Although there was considerable debate over the suitability and
adequacy of the law enforcement system in 1993, efforts to
professionalize the various police agencies and standardize
training had little success. A bill, submitted over 2 years
ago, to grant career status to the police and set minimum entry
requirements continued to languish in the Legislative Assembly.
Prisoners generally receive humane treatment in Costa Rica.
While physical abuse by prison guards is uncommon, a limited
number of guards have been implicated in swindles, robberies,
and drug trafficking. Prisoners may bring complaints before
the special defense counsel for prison inmates, which will
investigate them. Especially serious cases are handled by the
Office of the Chief Prosecutor.
Public concern about crowded penitentiaries and the
availability of weapons in prisons is growing. Occasional
rioting is a problem in several large prisons. The Government
continues to earmark funds to repair or improve the more
rundown facilities.
d. Arbitrary Arrest, Detention, or Exile
Judicial warrants are required for arrests and an arraignment
before an officer of the court must take place within 24 hours
of arrest. The Constitution entitles detained persons to a
judicial determination of the legality of the detention. These
rights are generally respected, although persons charged with
serious offenses often remain in pretrial custody for long
periods due to judicial backlogs. The past 2 years brought
some improvement in this regard. The number of prisoners
awaiting trial stood at 1,145 at the end of March 1990; by the
end of June 1992, the most recent figures published, it had
dropped to 688 (as of the end of March 1992, 134 prisoners had
spent more than 9 months in detention without being sentenced).
The right to bail is provided for by law and observed in
practice. Bail is sometimes denied to repeat offenders,
however, and is usually denied to foreigners, major drug
offenders, and terrorists on the assumption they would leave
the country before coming to trial.
Generally, detainees are not held incommunicado. With judicial
authorization, however, suspects may be held for 48 hours after
arrest or, under special circumstances, for up to 10 days. The
judiciary has proven effective at ensuring that legal and
constitutional safeguards are observed.
The Constitution bars exile as punishment.
e. Denial of Fair Public Trial
The judiciary is independent and assures a fair public trial.
The Supreme Court supervises the work of the lower courts,
known as tribunals. Its 24 magistrates are elected by the
Legislative Assembly to 8-year terms, which are automatically
renewed unless the Legislative Assembly votes against a renewal
by a two-thirds majority. Accused persons may select an
attorney of their choice. Access to legal counsel is
guaranteed and honored in practice. The State provides counsel
to those who cannot afford to hire their own.
There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There were no reported instances during 1993 of extralegal
invasions of privacy conducted by, or with the knowledge of,
the Government. Judicial warrants are required to search
private homes, and police seldom fail to comply. Government
authorized wiretaps remain illegal, pending enactment of
implementing legislation by the Legislative Assembly.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution specifically provides for freedom of speech
and press, and these freedoms are respected in practice. Nine
major privately owned newspapers, several periodicals,
6 privately owned television stations, and over 70 privately
owned radio stations pursue independent editorial policies.
The media freely criticize the Government, and there is no
evidence of self-censorship or governmental intimidation.
In 1993 the Constitutional Chamber of the Supreme Court
expanded press freedom by finding Article Seven of the Press
Law unconstitutional. The law had imposed heavy penalties,
including jail terms, for those accused repeatedly of libel.
The revision now requires a separate finding of guilt in each
individual case regardless of prior legal history. A 1969 law
requires journalists to be accredited by the government-
sponsored journalists' guild. The Calderon administration
publicly supported the licensing requirement on the grounds
that it ensures professionalism.
An Office of Censorship rates films and has the authority to
restrict or prohibit their showing; it has similar powers over
television shows and stage plays. A censorship tribunal
reviews appeals of the office's actions.
b. Freedom of Peaceful Assembly and Association
Constitutional provisions for freedom of assembly and
association are fully respected. Permits required for parades
or similar large-scale gatherings are granted routinely; they
are not required for other public meetings.
c. Freedom of Religion
Freedom of religion is protected by the Constitution and
generally observed in practice. Foreign missionaries and
clergy of all denominations work and proselytize freely. Roman
Catholicism, however, is the official state religion, and Costa
Ricans affiliated with non-Catholic groups note that
non-Catholic churches are required by law to comply with
building codes from which Catholic churches are exempt. These
groups seek remedial legislation. Catholic priests may perform
marriages, whereas non-Catholic religious marriages are not
valid without an additional civil marriage. The current law on
career educators stipulates that all teachers of religion,
including non-Catholic teachers, must be approved by the
Catholic Church's Episcopal Conference. In July 1991, a number
of teachers of religion (most of them Catholic) filed suit
before the Supreme Court asking that the law be overturned. As
of the end of 1993, their plea was still pending.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
Though there are no restrictions on travel within the country,
all citizens and residents are required to obtain an exit visa
before traveling abroad. Emigration and right of return are
not restricted. Costa Rica supports multinational refugee
programs and has accepted many refugees from Central and South
America. The Constitution specifically prohibits repatriation
of anyone subject to political persecution. Political asylum
traditionally has been granted to exiled dissidents of various
political orientations.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Costa Ricans choose their government through free, open, and
competitive elections (by secret ballot) every 4 years. The
integrity of elections is ensured by the independent Supreme
Electoral Tribunal, and election results are respected. The
Legislative Assembly can and does reject executive branch
initiatives. Citizens can and do petition their elected
representatives for legislative redress and assistance with
government bureaucracies. Prior to the February 1994
elections, the ruling Social Christian Unity Party and the
opposition National Liberation Party controlled 29 and 25
seats, respectively, in the 57-member Legislative Assembly. A
leftist Coalition Party held one seat, and two independent
provincial parties each held one seat.
There are no legal impediments to women's participation in
politics. Women are underrepresented in leadership positions
in government and politics, but this has begun to change.
There are two women cabinet ministers, three vice ministers and
six members of the Legislative Assembly. Ten women candidates
for national deputy have solid chances to win in the February
1994 elections, and a woman is assured election as vice
president, since both major parties have female candidates.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
A 1984 executive order created the Office of Ombudsman for
Human Rights, now housed in the Ministry of Justice. The
Ombudsman's office hears complaints from individuals about
human rights abuses. As noted above, a similar office
considers complaints within the penitentiary system. Three
nongovernmental groups monitor and report on human rights in
Costa Rica: the Costa Rican Commission for Human Rights; the
Commission for the Defense of Human Rights in Central America;
and the Family and Friends of Political Prisoners of Costa
Rica. There are also several private groups dedicated to
assisting refugees.
A new ombudsman's office, the Defender of the People, opened in
October with a mandate to look into any perceived human rights
abuses committed by public officials. The office will
concentrate initially on administration of justice, public
health, and medical administration (malpractice); however, the
offices of the Ombudsmen for Children and Women are also in the
process of being transferred to the new authority.
Costa Rica has traditionally been a strong supporter of
multilateral and private human rights organizations. Both the
Inter-American Institute of Human Rights and the Inter-American
Court of Human Rights maintain their headquarters in San Jose.
The Government has invited the Inter-American Commission on
Human Rights to visit the country whenever it wishes.
Section 5 Discrimination Based on Race, Sex, Religion,
Disability, Language, or Social Status
Women
The role of women, although still primarily domestic, is
legally unrestricted. According to the latest Census Bureau
statistics, 30 percent of working-age women earn wages, as
opposed to 79 percent of working-age men, although these
figures probably underestimate the number of women in the work
force due to the nature of their employment. The number of
female professionals and technical workers is growing.
Women and men are generally paid equally for equal work. In
1990 the Legislative Assembly passed significant legislation
designed to supplement existing laws against sex discrimination.
The new law reinforces women's property rights, forbids
employers from firing a woman for becoming pregnant or adopting
children, and reaffirms the necessity for institutional
safeguards to prevent and punish violence against women. Two
relatively new government agencies, the Justice Ministry's
Women's Defense Counsel and the Government Ministry's Women's
Delegation, act as advisors and legal advocates for women who
have suffered abuse, harassment, or discrimination. The White
Cross Center, which reports to the Ministry of Public Security,
was established in 1992 for the specific purpose of
investigating and prosecuting crimes against women and
providing temporary shelter for battered women. However, owing
to a lack of personnel and funds, it has had little impact.
A recent government-sponsored survey indicated that 78 percent
of 1,300 women interviewed reported having suffered abuse,
either physical or mental, with 35 percent reporting frequent
abuse. (The definition of "abuse" was not reported in the
survey.) The increase in reported crimes against women may
reflect increased attention to human rights, making it easier
for women to file charges and take advantage of social
services. Physical abuse of women, including domestic
violence, is prosecuted and often results in stringent
punishment. Still, many proponents of women's rights want an
overhaul of the Penal Code to stiffen penalties and broaden the
definition of rape. (Abuse of female minors, for example, is
only considered aggravated assault.) There are a number of
private organizations, including the Arias Foundation, that
monitor abuse of women, provide counseling, and work to inform
women of their legal rights.
Children
The Government is committed to children's human rights and
welfare within the constraints of a limited budget. Although
spending has decreased somewhat in recent years due to
continued economic strains, the Government has consistently
spent over 4 percent of its gross domestic product on education
and over 5 percent on medical care. This commitment to
children has yielded a high rate of literacy and a low rate of
infant mortality.
Children are not the victims of any systematic or organized
discrimination or exploitation, but public awareness of crimes
against children has grown. During the first 3 months of 1993,
625 new cases of the mistreatment or sexual abuse of children
were reported, compared to 203 cases of child sexual abuse for
all of 1990 (estimates are that two-thirds of all abuse is
sexual). As with violence against women, it is difficult to
determine whether the increasing number of cases is due to
better reporting or reflects an actual increase in the number
of such crimes. Legal proceedings against those who commit
crimes against children are hampered by traditional family
attitudes and the fact that such crimes are treated as
misdemeanors.
Among the governmental programs that provide services and
safeguard the rights of children are an integrated program for
adolescent health, a national guardianship for infancy, and a
program for abused children. Private organizations that
provide assistance include the Arias Foundation and Paniamor.
Indigenous People
Costa Rica's population of 3.2 million includes some 24,000
indigenous people. Most live in traditional communities on
21 reserves which, in part because of their remote location,
often lack access to schools, health care, electricity, and
potable water. Although hampered by budgetary restraints, the
Government is attempting to improve the quality of basic
services in the indigenous areas. Indigenous people
participate in the management of their own affairs through the
National Indigenous Commission (CONAI), and indigenous leaders
continue to urge the Government to devote more resources to
helping their communities. A serious concern is the management
and control of natural resources located within indigenous
reserves.
Until quite recently, about 20 percent of indigenous people
were undocumented and so lacked proof of citizenship. That
problem has been all but eliminated by legislation that helped
nearly 7,000 indigenous people obtain identification papers,
allowing them to vote and making it easier for them to obtain
credit. A number of cases were filed in 1993 with the Office
of the Ombudsman for Human Rights alleging discrimination
against indigenous people. Most of these cases involved actions
taken by CONAI rather than allegations of discrimination by
individuals.
National/Racial/Ethnic Minorities
Costa Rica's 30,000 blacks, who reside largely on the Caribbean
coast, enjoy full rights of citizenship, including the
protection of laws against racial discrimination. The 1990-94
Legislative Assembly includes one black member. The Government
treats all matters of racial discrimination as human rights
issues; the Office of the Ombudsman for Human Rights received
no complaints of racial discrimination in 1993.
People with Disabilities
Government funding for those with disabilities has been limited.
Discrimination against those with disabilities is not prohibited
by law, and there are no laws mandating access for such persons.
Social services that exist function primarily as charities,
with little emphasis on integration into the larger society.
Both governmental and private agencies provide services, among
which are the Costa Rican Foundation for the Blind, the
National Council for Rehabilitation and Special Education, and
the Costa Rican Federation for the Functionally Limited.
Section 6 Worker Rights
a. The Right of Association
Workers are nominally free to join unions of their choosing
without prior authorization, although barriers exist in
practice. Approximately 15 percent of the work force is
unionized. Unions are independent of government control and
are generally free to form federations and confederations
(three social democratic labor federations merged in 1991), and
to affiliate internationally. However, the American Federation
of Labor and Congress of Industrial Organizations (AFL-CIO),
the International Confederation of Free Trade Unions (ICFTU),
and other trade union organizations contend that trade
unionism's right of association has been hurt by Costa Rica's
"solidarismo" (solidarity) movement.
This movement espouses cooperation between employers and
workers, offering workers such benefits as credit unions and
savings plans in return for their renunciation of the right to
strike and bargain collectively (although, in practice,
solidarity associations have in the past acted as psuedo-
collective bargaining agents). Solidarity associations are
financed in part by employers and are allowed under Costa Rican
law to offer a range of services and engage in profit-making
activities, which unions are not permitted to do.
In November the Legislative Assembly approved a package of
reforms to the Labor Code that addressed International Labor
Organization (ILO) concerns based in part on activities of the
solidarity movement. These reforms included: reducing the
number of members necessary to form a trade union to equal that
required to form a solidarity association; explicitly
prohibiting the dismissal of workers who attempt to organize or
join a union; and increasing fines and tightening enforcement
against employers who violate the Labor Code. A separate
reform proposal would include a fund ("cesantia") created to
provide severance and retirement benefits, partially funded by
employers but employees could designate the organization which
would receive the funds. This would enable unions to compete
directly with solidarity associations in a number of service
activities. As of the end of the year, the severance pay
reform had not been approved.
"Permanent workers' committees" made up of members of
solidarity associations have entered into "direct agreements"
with their employers, sometimes in order to stop attempts by an
established union to negotiate a collective bargaining pact.
In June 1991, the ILO's Committee on Freedom of Association
concluded a 2-year investigation and ruled that management's
use of solidarity and the associations' involvement in trade
union activities (such as collective bargaining) were
violations of freedom of association. The 1993 package of
labor code reforms included a provision explicitly prohibiting
solidarity associations from participating in collective
bargaining or direct agreements affecting labor.
Strikes and labor unrest increased somewhat but remained at a
low level in 1993. There are no restrictions on the rights of
private workers to strike, but the Labor Code contains clauses
that employers have used to fire employees who try to organize
or strike. Very few private sector workers are union members,
and there were no notable private sector strikes in 1993.
Costa Rican law restricts the right of public sector workers to
strike, but two articles of the Penal Code that mandated tough
punishment for striking government workers were repealed by the
Legislative Assembly in June. The Government has indicated
that it will present a new law to the Legislative Assembly that
would guarantee organization and collective bargaining rights
to all public sector workers and afford the right to strike to
public workers who are not in "essential services" as defined
by the ILO. Public sector labor disputes produced a scattering
of demonstrations and brief strikes, notably one that occurred
in late summer and caused minor disruptions in social services,
particularly in classrooms due to the participation of
teachers' unions.
b. The Right to Organize and Bargain Collectively
The right to organize is protected by the Constitution.
Specific provisions of the labor code reforms provide
protection from dismissal for union organizers and members
during the period of union formation. In a separate decision
in October, the Constitutional Chamber of the Supreme Court
ruled that Costa Rica's ratification of ILO Convention 135 in
1977 protects union leaders from being fired without cause.
These two events greatly enhanced legal guarantees for workers
seeking to organize. Previously, employers used a clause in
the Labor Code, permitting employees to be discharged "at the
will of the employer" provided the employee received severance
pay, to fire labor organizers. Currently mandated severance
pay equals 1 month's salary for every year worked, up to a
total of 8 years. The payment of severance benefits to
dismissed workers has often been circumvented in practice.
Public sector workers cannot engage in collective bargaining
because the Public Administration Act of 1978 makes labor law
inapplicable in relations between the Government and its
employees.
Collective bargaining is allowed in the private sector but, due
to the dearth of unions, is not a widespread practice. All
labor regulations apply to the country's nine export processing
zones (EPZ's). Labor Ministry oversight of labor regulations
within the EPZ's is limited, however, by a lack of manpower and
resources.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, and
there are no known instances of either.
d. Minimum Age for Employment of Children
The Constitution provides special employment protection for
women and minors and establishes the minimum working age at 12
years, with special regulations in force for workers under 15.
A child welfare agency, in cooperation with the Labor Ministry,
is responsible for enforcement. Enforcement in the formal
sector is reasonably effective. Nonetheless, child labor
appears to be an integral part of the large informal economy
and there were scattered reports of children being employed in
export industries. (These incidents appear to be isolated and
do not represent an industry-wide pattern.)
e. Acceptable Conditions of Work
The Constitution provides the right to a minimum wage. A
National Wage Board, composed of three members each from
government, business, and labor, sets minimum wage and salary
levels for all sectors. The monthly minimum wage ranges from
$111 (16,829 colones) for domestic servants to $540 (81,501
colones) for certain professionals. Pay can and does exceed
the set amounts. The Board usually meets at the beginning and
middle of each year. While violations sometimes occur, the
wage and salary levels are generally respected. The minimum
wage set in November was to take effect on January 1, 1994 for
the private sector. Public sector negotiations, based on the
private sector minimum wage, were still under way at year's
end. Workers at the low end of the wage scale often find it
difficult to maintain an acceptable standard of living, whether
they have a family to support or not, and must spend an
inordinate percentage of their pay on basic human needs such as
food.
The Constitution sets the workday hours, remuneration for
overtime, days of rest, and annual vacation rights. It
requires compensation for discharge without due cause, although
this provision is often circumvented in practice. Maximum work
hours are 8 during the day and 6 at night, up to weekly totals
of 48 and 36 hours, respectively. Ten-hour days are permitted
for work not considered unhealthful or dangerous, but weekly
totals may not exceed 48 hours. Nonagricultural workers
receive an overtime premium of 50 percent of regular wages for
work in excess of the daily work shift. Agricultural workers
are not paid overtime, however, if they work beyond their
normal hours voluntarily. There is little evidence that
employers coerce such overtime from employees.
A 1967 law governs health and safety at the workplace. This
law requires industrial, agricultural, and commercial firms
with 10 or more workers to establish a management-labor
committee and allows the Government to inspect workplaces and
to fine employers for violations. Most firms required to set
up such committees have followed the letter of the law, but
often little effort is made to utilize the committees or turn
them into effective instruments for improving the workplace.
Workers have the right to leave work if conditions are
dangerous. In practice, however, workers who leave the
workplace may find their jobs in jeopardy unless they file a
written complaint with the Labor Ministry. There are too few
labor inspectors, especially outside the capital, to ensure
that minimum conditions of safety and sanitation are maintained.
(###)
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