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TITLE: COSTA RICA HUMAN RIGHTS PRACTICES, 1994
AUTHOR: U.D. DEPARTMENT OF STATE
DATE: FEBRUARY 1995
COSTA RICA
Costa Rica is a well-established, stable constitutional
democracy with a unicameral Legislative Assembly that is
directly elected in elections that have been free and fair.
Jose Maria Figueres won the February presidential election, in
which approximately 80 percent of eligible voters participated.
The 1949 Constitution abolished Costa Rica's military. The
Ministry of Public Security, the Ministry of Government, and
the Ministry of the Presidency share responsibilities for law
enforcement and national 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.
The economy is based on agriculture and light industry as well
as tourism. Economic growth in 1993 was about 6.1 percent but
slowed to 4.5 percent in 1994, and the Government faced a
growing fiscal deficit. 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 and timely compensation.
Costa Ricans enjoy a wide range of individual rights and
freedoms, although there have been well-founded complaints
concerning the occasional use of excessive force by police and
lengthy pretrial detentions. Discrimination against blacks,
Indians, and women has also been reported, and many women are
victims of domestic violence.
RESPECT FOR HUMAN RIGHTS
Section 1 Respect for the Integrity of the Person, Including
Freedom from:
a. Political and Other Extrajudicial Killing
There were no reports of political killings and one credible
report of an extrajudicial killing.
In August the authorities arrested four officers of the
Judicial Police for the murder and mutilation of suspected drug
dealer Ciro Monge. The police dismissed all four and the
investigation continued. Although the police initially jailed
all four, they were free on bail at the end of the year. In
1993 the authorities dismissed seven Judicial Police officers
in the beating death in custody of suspected gang member
William Lee Malcom. Their trial was scheduled but had not
begun by year's end. The Monge and Lee Malcom cases, plus
alleged instances of corruption, led many sectors of society to
call for a reorganization of the Judicial Police.
The trial of the 2 commanding officers of a 13-member Rural
Guard unit (the "Cobra Command") for the 1992 murder of 2 drug
suspects and the rape and abuse of indigenous people, although
scheduled in the fall, had not begun by the end of the year.
The authorities have charged 12 ex-members of the Cobra Command
with murder, rape, and deprivation of liberty.
b. Disappearance
There were no reports 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. The
authorities generally respected these prohibitions in practice,
although a study by the National Ombudsman's office found that
reports of isolated instances of beatings and other physical
abuse by police agents were credible. The Ombudsman's office
is limited to responding to complaints that are filed with it.
The Ombudsman's office can and does investigate and file suit
against the officials involved.
There were also limited instances of police using excessive
force in controlling crowds, including squatter evictions in
Pavas and an April labor conflict in Sarapiqui. The press and
labor groups severely criticized the police for failing to
negotiate a peaceful end to the confrontations and for their
ready resort to force. In particular, the media and unions
strongly condemned the police for using firearms to clear the
strikers' blockade of the main road in Sarapiqui.
In the face of escalating crime, there was considerable debate
over the competence and adequacy of the law enforcement
system. In an effort to professionalize and depoliticize the
police force, the Assembly enacted a bill intended, over a
period of years, to reduce patronage in the appointment of
police officers and increase the level of training.
Prisoners generally receive humane treatment in Costa Rica.
Physical abuse by prison guards is uncommon. Other forms of
abuse by guards, such as extortion, do occur with some
frequency. However, the Prison Rights Ombudsman investigates
cases and refers serious cases of abuse to the public
prosecutor. Authorities have dismissed guards who have been
found to have committed physical and other abuses. While
public concern exists about crowded penitentiaries, the
availability of weapons in prisons, occasional rioting, and
assault within the prisons, the Government has achieved limited
progress in the repair and improvement of the more run-down
prison facilities.
d. Arbitrary Arrest, Detention, or Exile
The law requires judicial warrants for arrests and that an
officer of the court arraign a detainee within 24 hours of
arrest. The Constitution entitles a detainee to a judicial
determination of the legality of the detention. The
authorities generally respected these rights, although persons
charged with serious offenses often remain in pretrial custody
for long periods due to judicial backlogs. The past several
years brought some improvement in this regard. The average
number of prisoners awaiting trial fell from 20.9 percent of
all prisoners in 1991 to 18.0 percent in 1994. As of the end
of March 1992, 134 prisoners had spent more than 9 months in
detention without being sentenced. Estimates from the Ministry
of Justice for 1994 were similar.
The law provides for the right to bail, and the authorities
observed it in practice.
Generally, the authorities do not hold detainees incommunicado.
With judicial authorization, the authorities may hold suspects
for 48 hours after arrest or, under special circumstances, for
up to 10 days. The judiciary has proven effective at ensuring
the observance of legal and constitutional safeguards.
The authorities arrested four Venezuelans in June in connection
with a series of violent bank robberies and assaults, and
summarily deported them to Venezuela without resort to the
courts. The executive branch defended the expulsions on the
grounds that continued detention of the suspects invited
retaliation and represented a threat to Costa Rican lives.
Many members of the judiciary criticized the action as
arbitrary and outside established legal procedure. The
Venezuelans filed suit, which resulted in a judgment that three
government ministers may be financially liable for the
expulsions and may also lead to formal charges against them.
Any further civil or criminal charges against the ministers
will depend on the removal of the immunity inherent in their
office.
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. The Legislative Assembly elects the 24
Supreme Court magistrates to 8-year terms, which are
automatically renewed unless the Assembly votes against a
renewal by a two-thirds majority. Accused persons may select
an attorney of their choice, and the law provides for access to
legal counsel at state expense for the indigent.
There are no political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
There were no reports of extralegal invasions of privacy
conducted by, or with the knowledge of, the Government. The
law requires judicial warrants to search private homes, and
police seldom fail to comply. In August the Legislative
Assembly approved legislation permitting government-authorized
wiretaps in certain restricted circumstances, primarily to
combat narcotics trafficking.
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 generally respected in
practice. However, courts sometimes construe libel and
defamation laws so broadly as potentially to inhibit free
expression. A judge sentenced journalist Bosco Valverde to
1 year in prison for "disrespect" displayed in an editorial he
wrote about the judges presiding in an important fraud trial.
Although a court later reduced the sentence to probation and a
fine, the case raised concerns that journalists would be less
likely to criticize public figures in the course of covering
public events.
A 1969 law requires that journalists must have a degree in
journalism from a Costa Rican university and a license from the
government-sponsored journalists' guild. Journalists have
attempted to challenge the law in court several times, but
without success.
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 has been
little evidence of self-censorship or governmental intimidation.
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
The Constitution provides for freedom of assembly and
association, and the Government fully respected these rights.
The law requires permits for parades or similar large-scale
gatherings, which the authorities routinely grant.
c. Freedom of Religion
The Constitution protects freedom of religion, and the
authorities generally observed it in practice. Foreign
missionaries and clergy of all denominations work and
proselytize freely. Roman Catholicism is the official state
religion, and the Catholic Church benefits from certain
privileges which non-Catholic persons and institutions are
denied. For example, non-Catholic churches are required by law
to comply with building codes from which Catholic churches are
exempt, and Catholic priests may perform marriages, whereas
non-Catholic religious marriages are not valid without an
additional civil marriage. The law on career educators
stipulates that all teachers of religion, including
non-Catholic teachers, must be approved by the Catholic
Church's Episcopal Conference.
d. Freedom of Movement Within the Country, Foreign
Travel, Emigration, and Repatriation
There are no restrictions on travel within the country, and
emigration and the 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. The Government considers large numbers
of undocumented Nicaraguans to be economic migrants and
frequently expels them summarily.
Section 3 Respect for Political Rights: The Right of Citizens
to Change Their Government
Citizens exercise this right through free, secret ballot
elections every 4 years. The independent Supreme Electoral
Tribunal insures the integrity of elections, and the
authorities and the citizens respect the election results. The
Constitution bars the President from reelection; Assembly
members may seek reelection after at least one term out of
office. National Liberation Party (PLN) candidate Jose Maria
Figueres won the February elections, in which the PLN gained a
plurality in the 57-member Legislative Assembly with 28 seats.
The opposition Social Christian Unity Party won 25 seats. A
leftist coalition party holds two seats, and two independent
provincial parties hold one each.
There are no legal impediments to participation by women or
minorities in politics. Although women are underrepresented in
leadership positions in government and politics, this has begun
to change. Two Cabinet ministers, seven vice ministers and
nine members of the Legislative Assembly are women. In
addition, one of the two vice presidents is a woman.
Costa Rica's 30,000 blacks, who reside largely on the Caribbean
coast, enjoy full fights of citizenship, including the
protection of laws against racial discrimination. The
Legislative Assembly includes one black member; one member of
the Cabinet is black.
Indigenous people are free to participate in politics and
government. However, they have not had a significant presence
in either except on issues directly impinging on indigenous
rights. This lack of political role and influence stems from
historical neglect, discrimination, physical isolation, and the
very small number of indigenous people relative to the total
population.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations
of Human Rights
At least three nongovernmental groups monitor and report on
human rights free of government restriction: 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. The Ministry of Justice
houses an official Ombudsman, empowered to hear individual
complaints concerning human rights abuses.
The Government is open and responsive to concerns expressed by
international human rights groups and 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
The Constitution pronounces all persons equal before the law.
Women
While there is no legal discrimination, and in fact a number of
laws seek to protect women from sex discrimination in such
areas as property ownership, employment, and inviolability of
person, in practice women face a number of inequalities.
Official statistics indicated that 30 percent of working-age
women earn wages, as opposed to 79 percent of working-age men.
The law requires that women and men receive equal pay for equal
work, but due in part to limited resources the Government has
not effectively enforced it. On average, women's salaries are
20 percent below men's.
The National Ombudsman's office in June reported that women and
children were the targets of physical, sexual, or psychological
abuse in a significant proportion of all households. The
Government regularly prosecutes physical abuse of women,
including domestic violence, which is increasingly recognized
as a serious problem, and often imposes stringent punishment.
Children
The Government is committed to children's rights and welfare,
spending more than 4 percent of gross domestic product on
education and over 5 percent on medical care. This has
contributed to a high rate of literacy and a low rate of infant
mortality.
Public awareness of crimes against children has grown. The
National Institute for Infancy reported that in the first
3 months of 1994, there were 376 cases of physical mistreatment
of minors, 314 cases of sexual abuse, and 47 of psychological
abuse; compared to a total of 625 new cases of mistreatment or
sexual abuse for the first 3 months of 1993. Traditional
family attitudes and the fact that such crimes are treated as
misdemeanors hampered legal proceedings against those who
committed crimes against children.
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. The Government established the National
Indigenous Commission (CONAI) to address concerns of indigenous
people, but many indigenous people have complained CONAI is
paternalistic and does not adequately represent their views.
The Ombudsman has also established an office to investigate
violations of indigenous rights and to strengthen its oversight
of these rights.
People with Disabilities
There are no laws prohibiting discrimination against those with
disabilities, nor mandating access for such persons, although
certain public and private institutions have made individual
efforts to improve access.
Section 6 Worker Rights
a. The Right of Association
The law specifies the right of workers to join unions of their
choosing without prior authorization, although barriers exist
in practice. Approximately 15 percent of the work force is
unionized, almost entirely in the public sector. Unions are
independent of government control and are generally free to
form federations and confederations and to affiliate
internationally.
Certain trade unions contend that the "solidarismo"
(solidarity) movement has hurt unions' right of association.
The movement espouses employer-worker cooperation and offers
the latter 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 collective bargaining
agents). Employers partly finance solidarity associations; the
law allows them to offer a range of services and engage in
profit-making activities, which unions are not permitted to do.
"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.
The International Labor Organization (ILO) Committee on Freedom
of Association concluded a 2-year investigation in June 1991
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. In June the ILO's Committee of Experts ruled
that, with the changes to the Labor Code enacted in 1993 and
the promises of further reforms, Costa Rican workers have made
progress towards greater freedom of association.
There are no restrictions on the rights of private workers to
strike, but very few private sector workers are union members,
and strikes in the private sector are rare. In April a labor
dispute between Geest Caribbean Company and the workers at
Geest's banana plantation in Sarapiqui escalated into
violence. There were numerous injuries, and the police
arrested several strikers for inciting violence.
The law restricts the right of public sector workers to
strike. In April the Government introduced a bill that would
guarantee 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, but the
Assembly had not passed it by year's end. Public sector labor
disputes produced a scattering of demonstrations and brief work
stoppages.
b. The Right to Organize and Bargain Collectively
The Constitution protects the right to organize. Specific
provisions of the 1993 labor code reforms provide protection
from dismissal for union organizers and members during the
period of union formation. The revised provisions of the Labor
Code require employers found guilty of antiunion discrimination
to reinstate workers fired for union activities.
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. Private sector unions have the legal right to
engage in collective bargaining but, owing to the dearth of
unions, it is not a widespread practice.
All labor regulations apply fully to the country's nine export
processing zones (EPZ's). The Labor Ministry oversees labor
regulations within the EPZ's, but acknowledged that it has only
one inspector for every 30,000 workers.
c. Prohibition of Forced or Compulsory Labor
The Constitution prohibits forced or compulsory labor, and
there were 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. Children older than 15 but under 18 can work a maximum of
7 hours a day and 42 hours weekly. For children between the
ages of 12 and 15, the limit is 5 hours a day and 30 hours
weekly. The National Children's Agency, an autonomous
government institution, in cooperation with the Labor Ministry,
is reasonably effective in enforcing these regulations in the
formal sector. In response to the deaths of two adolescents by
chemical poisoning while working on banana plantations, the
authorities prohibited further employment of youths under the
age of 18 in the banana industry. Nonetheless, child labor
continues to be an integral part of the large informal economy.
e. Acceptable Conditions of Work
The Constitution provides for 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, which was last set in
July for the private sector, ranges from $115 (18,176 colones)
for domestic servants to $557 (88,023 colones) for certain
professionals. Public sector negotiations, based on the
private sector minimum wage, normally follow the settlement of
private sector negotiations. The Ministry of Labor enforces
minimum wages. It has been reasonably effective, more so in
the San Jose metropolitan area than in rural areas. 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
proportion of their pay on basic human needs.
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. 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 in 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 made little effort 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. Due in part to
budgetary constraints, the Government has not fielded enough
labor inspectors, especially outside the capital, to ensure
that minimum conditions of safety and sanitation are always
maintained.
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