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Title: Costa Rica Human Rights Practices, 1995
Author: U.S. Department of State
Date: March 1996
COSTA RICA
Costa Rica is a longstanding, stable constitutional democracy with a
unicameral Legislative Assembly directly elected in free multiparty
elections every 4 years. Jose Maria Figueres of the National Liberation
Party won the presidency in the February 1994 elections, in which
approximately 80 percent of eligible voters cast ballots. The
Government respects constitutional provisions for an independent
judiciary.
The 1949 Constitution abolished Costa Rica's military forces. The
Ministry of Public Security and the Ministry of the Presidency share
responsibility for law enforcement and national security. The Judicial
Police, under the Supreme Court, conducts investigations, while the San
Jose Metropolitan Police and the Transit Police within the Ministry of
Public Works and Transportation also have limited police powers. Public
security forces generally observe procedural safeguards established by
law and the Constitution.
The market-based economy depends primarily on agriculture, light
industry, and tourism. The pace of economic growth slowed from a 4.5
percent increase in 1994 to a projected rise of 2.0 percent in 1995.
The Government also faced a growing fiscal deficit. The Constitution
protects the right to own private property; however, domestic and
foreign property owners encounter difficulty gaining adequate, timely
compensation for lands expropriated for national parks and those set
aside for indigenous people or invaded by squatters.
Citizens enjoy a wide range of individual rights and freedoms. The
Government fully respects the human rights of its citizens, and the law
and judiciary provide effective means of dealing with instances of abuse
of individual rights. Nonetheless, the judicial system moves very
slowly to process criminal cases, resulting in lengthy pretrial
detentions for some suspects. There were two reported instances of
abuse by police. The Government has identified domestic violence
against women as a serious societal problem and sponsored a public
awareness program to deter such abuse. Discrimination against women and
indigenous people remains a problem.
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 or other extrajudicial killings.
There was progress in resolving some cases from previous years. In July
authorities again jailed four former Judicial Police officers for the
1994 murder of suspected drug dealer Ciro Monge, and charged them also
with the 1994 murder of a drug abuser. In August a court found a former
member of the now-defunct Immediate Action Unit (UAI) guilty of simple
homicide for killing a 12-year-old child during a drug raid in May 1990.
The former agent received a suspended 5-year sentence, and the court
ordered the Government and three former agents to pay about $45,000 (8.2
million colones) in damages to the victim's family. There was no
progress in the Malcolm and "Cobra Command" cases (described in last
year's report).
b. Disappearance
There were no reports of politically motivated disappearances.
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. Authorities generally
abide by these prohibitions. The Ombudsman's Office investigates
complaints and, where appropriate, initiates suits against officials.
In one instance during pretrial detention, however, police personnel
severely beat a person who allegedly shot a policeman, according to a
firsthand report.
In August plainclothes members of the Police Information Center (CIP)
used undue force against unruly labor demonstrators in front of the
Presidential Office in response to unruly demonstrators. Following a
public outcry, the Ministry of Public Security fired four CIP members
and disbanded the group, transforming it into merely an archive for
information on criminal activities.
A large percentage of police personnel owe their appointments to
political patronage. The Figueres administration began implementation
of a new Police Code, enacted in 1994, designed to professionalize and
depoliticize the police force. The Government implemented a program to
establish permanent, professional cadres, which is intended eventually
to result in a nonpolitically appointed career force. In September the
Ministry of Public Security initiated a revamped basic course for new
police recruits, including training using a human rights manual
developed by the Ministry.
Prisoners generally receive humane treatment. While guards rarely abuse
prisoners physically, there are credible reports that prisoners are
sometimes subjected to other forms of abuse such as extortion. The
Prison Rights Ombudsman investigates complaints and refers serious cases
of any abuse to the public prosecutor. Authorities dismissed two guards
on suspicion of drug trafficking; charges against them have not been
proven. Penitentiaries remain overcrowded--about 60 percent above their
overall planned capacities.
d. Arbitrary Arrest, Detention, or Exile
The Constitution and law prohibit arbitrary arrest, detention, or exile,
and the Government generally respects these prohibitions.
The law requires issuance of judicial warrants before making arrests.
The Constitution entitles a detainee to a judicial determination of the
legality of the detention during arraignment before a court officer
within 24 hours of arrest. The authorities generally respect these
rights.
The law provides for the right to release on bail, and authorities
observe 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.
e. Denial of Fair Public Trial
The Constitution and law provide for an independent judiciary, and the
Government respects this provision in practice. The Constitution
provides for the right to a fair trial, and an independent judiciary
vigorously enforces this right.
The Supreme Court supervises the work of the lower courts, known as
tribunals. The Legislative Assembly elects the 22 Supreme Court
magistrates to 8-year terms, subject to automatic renewal unless the
Assembly decides otherwise by a two-thirds majority. Accused persons
may select attorneys to represent them, and the law provides for access
to legal counsel at state expense for the indigent.
Persons accused of serious offenses and held without bail, however,
sometimes remain in pretrial custody for long periods. Lengthy legal
procedures, numerous appeals, and large numbers of detainees cause
delays and case backlogs. There were 992 accused persons, representing
25 percent of the prison population, jailed awaiting trial at the end of
the year.
There were no reports of political prisoners.
f. Arbitrary Interference with Privacy, Family, Home, or
Correspondence
The Constitution prohibits such practices. Government authorities
generally respect these prohibitions, and violations are subject to
effective legal sanction. The law requires judicial warrants to search
private homes. Judges may approve use of wiretaps in limited
circumstances, primarily to combat narcotics trafficking.
Section 2 Respect for Civil Liberties, Including:
a. Freedom of Speech and Press
The Constitution provides for freedom of speech and the press, and the
Government respects these rights in practice. An independent press, a
generally effective judiciary, and a functioning democratic political
system combine to ensure freedom of speech and of the press, including
academic freedom. Nonetheless, courts sometimes interpret libel and
defamation laws so broadly that they potentially inhibit free
expression. For example, while exonerating the director of La Prensa
Libre of defaming the Association of Small Farmers of the Atlantic, a
court nonetheless ordered the director to pay civil damages of nearly
$31,000 (5.66 million colones) to the group and its former director. La
Prensa Libre had accused the group in 1988 of being a "paramilitary
organization."
In May the Constitutional Chamber of the Supreme Court ruled
unconstitutional a provision from a 1969 law that required a degree in
journalism from a Costa Rican university and the licensing of
journalists with the government-sponsored journalists' guild. This
requirement had long been criticized in Costa Rica and abroad as an
infringement on press freedom.
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 governmental intimidation.
The Office of Control of Public Spectacles rates films and has the
authority to restrict or prohibit their showing; it has similar powers
over television programs and stage plays. Nonetheless, foreign and
particularly American films spanning the U.S. rating system are offered
to the public. A tribunal reviews appeals of the Office's actions.
b. Freedom of Peaceful Assembly and Association
The Constitution provides for these rights, and the Government respects
them in practice.
c. Freedom of Religion
The Constitution provides for freedom of religion, and the Government
respects this right in practice. While the Constitution establishes
Roman Catholicism as the state religion, people of all denominations
freely practice their religion without government interference. Foreign
missionaries and clergy of all denominations work and proselytize
freely.
d. Freedom of Movement Within the Country, Foreign Travel,
Emigration, and Repatriation
The Constitution provides for these rights, and the Government respects
them in practice. There are no restrictions on travel within the
country nor on emigration or the right of return. There is a long
tradition of providing refuge to people from other Latin American
countries. In July the Government granted political asylum to a Cuban
diplomat after another country refused his request. The Constitution
specifically prohibits repatriation of anyone subject to potential
persecution. There were no reports of forced expulsion of those having
a valid claim to refugee status. The authorities regularly repatriated
undocumented Nicaraguans, most of whom entered the country primarily for
economic reasons.
Section 3 Respect for Political Rights: The Right of Citizens to
Change Their Government
The Constitution provides citizens with the right to change their
government peacefully, and citizens exercise this right in practice
through free and fair elections held on the basis of universal suffrage
and by secret ballot every 4 years. The independent Supreme Electoral
Tribunal ensures the integrity of elections, and the authorities and
citizens respect election results. The Constitution bars the President
from seeking reelection, and Assembly Members may only seek reelection
after one term out of office. In the 1994 elections, President
Figueres' National Liberation Party gained a plurality in the
Legislative Assembly, winning 28 of 57 seats. The Social Christian
Unity Party won 25 seats, the Democratic Force won 2 seats, and 2
provincial parties each garnered one seat.
Women encounter no legal impediments to their participation in politics.
While women are underrepresented in leadership positions of the
Government and political parties, this situation has begun to change.
Currently, one vice president, two cabinet ministers, seven vice
ministers, nine Legislative Assembly members, and seven directors of
autonomous institutions are women. Indigenous people may participate
freely in politics and government. In practice they have not played
significant roles in these areas, except on issues directly affecting
their welfare, largely because of their relatively small numbers and
physical isolation. Costa Rica's 30,000 blacks, largely resident on the
Caribbean coast, enjoy full rights of citizenship, including the
protection of laws against racial discrimination. The Legislative
Assembly includes one black member; one member of the cabinet is black.
Section 4 Governmental Attitude Regarding International and
Nongovernmental Investigation of Alleged Violations of Human Rights
Various human rights groups operate without government restriction,
investigating and publishing their findings on human rights cases.
Government officials are cooperative and responsive to their views. 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, monitor and report on human rights.
Several international organizations concerned with human rights,
including the Inter-American Institute for Human Rights and the Inter-
American Court of Human Rights, are located in San Jose.
Section 5 Discrimination Based on Race, Sex, Religion, Disability,
Language, or Social Status
The Constitution pronounces all persons equal before the law and the
Government generally respects these provisions.
Women
The Government has identified domestic violence against women and
children as a serious societal problem. In July the First Lady and the
National Center for the Development of Women and the Family initiated a
public awareness campaign "For a Life Without Violence." Beginning in
September, authorities incorporated training on handling of cases of
domestic violence in the basic training course for new police personnel.
The Government regularly prosecutes physical abuse of women, including
domestic violence, and often imposes stringent punishment.
Women constitute 49.5 percent of the population. The 1990 Law for the
Promotion of the Social Equality of Women not only prohibits
discrimination against women but obligates the Government to promote
political, economic, social, and cultural equality. This year the
Government's National Center for the Development of Women and the Family
promulgated social awareness programs on "Active Participation by Women
in Decisionmaking" and "Technical Training and the Fight Against
Poverty."
According to the 1993 census, 30 percent of working-age women earn wages
outside the home, compared with 79 percent of working-age men. One-
fifth of all families depend primarily on the earnings of women. Most
women work in the services sector, with others working in industry and
agriculture. While laws require that women and men receive equal pay
for equal work, average salaries for women remained below those of male
counterparts. The average life expectancy for women increased by 12
years since the early 1970's to 77 years, higher than the 74-year
average for men.
Children
The Government is committed to children's rights and welfare through its
well-funded systems of public education and medical care. The
Government spends more than 4 percent of gross domestic product on
education and over 5 percent on medical care. Accordingly, Costa Rica
has a high rate of literacy (94 percent) and a low rate of infant
mortality (12.99 per 1,000). The autonomous National Institute for
Children oversees the implementation of the Government's programs for
children. In August the Catholic Church began construction of a home
for both teenage mothers and for children with AIDS, which the Church
will operate with help from the National Institute for Children.
In recent years, the National Institute for Children has increased
public awareness of crimes against children. The Institute intervened
in 2,405 cases of abandonment, 696 cases of physical abuse, 842 cases of
sexual abuse, and 71 cases of psychological abuse of children during the
first 6 months of 1995. Abuses appear to be more prevalent among
impoverished, less-educated families. Traditional attitudes and the
inclination to treat such crimes as misdemeanors sometimes hamper legal
proceedings against those who commit crimes against children.
People with Disabilities
No laws prohibit discrimination against those with disabilities nor
mandate access to buildings for such persons. Certain public and
private institutions, however, have made individual efforts to improve
access.
Indigenous People
Costa Rica's population of about 3.3 million includes nearly 29,000
indigenous people divided among eight ethnic groups. Most live in
traditional communities on 22 reserves which, because of their remote
location, often lack access to schools, health care, electricity, and
potable water. The Government through the National Indigenous
Commission initiated distribution of national identification cards to
facilitate access to public medical facilities. The Government also
began construction of a medical clinic and two community health centers
in indigenous areas. The Ombudsman has established an office to
investigate violations of the rights of indigenous people.
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. About
15 percent of the work force is unionized, almost entirely in the public
sector. Unions operate independently of government control and may form
federations and confederations and affiliate internationally.
Some trade union leaders contend that "solidarity" associations, in
which workers renounce the right to strike and bargain collectively in
return for receiving certain services including credit unions and
savings plans, hurt the right of association. After the International
Labor Organization (ILO) Committee on Freedom of Association ruled that
solidarity associations and their involvement in trade union activities
violated freedom of association, the Government amended the Labor Code
in 1993. The following year, the ILO Committee of Experts ruled that
these and other planned changes fostered greater freedom of association.
In 1995 this Committee encouraged the Government to approve legislation
to allow unions to administer compensation funds for dismissed workers
and to repeal Labor Code provisions restricting the right to strike in
certain nonessential public, agricultural, and forestry sectors.
Costa Rica has no restrictions on the right of private sector workers to
strike, but very few workers in this sector belong to unions.
Accordingly, private sector strikes rarely occur. The Constitution and
Labor Code restrict the right of public sector workers to strike.
Nonetheless, in mid-1995, teachers' unions conducted a largely peaceful,
month-long strike to protest changes to a law on teachers' pensions.
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 union formation. The revised provisions
require employers found guilty of 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.
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 such practices.
d. Minimum Age for Employment of Children
The Constitution provides special employment protection for women and
children and establishes the minimum working age at 12 years, with
special regulations in force for workers under 15. Children between 15
and 18 can work a maximum of 7 hours daily and 42 hours weekly, while
children between 12 and 15 can work a maximum of 5 hours daily and 30
hours weekly. The National Institute for Children, in cooperation with
the Labor Ministry, effectively enforces these regulations in the formal
sector. After two adolescents died from chemical poisoning while
working on banana plantations, the authorities prohibited employment of
youths under 18 in the banana industry. Nonetheless, child labor
remains an integral part of the large informal economy.
e. Acceptable Conditions of Work
The Constitution provides for a minimum wage. A National Wage Council,
composed of three members each from government, business, and labor,
sets minimum wage and salary levels for all sectors. Monthly minimum
wages, last adjusted in July for the private sector, range from $121
(21,928 colones) for domestic servants to $587 (106,282 colones) for
certain professionals. Public sector negotiations, based on private
sector minimum wages, normally follow the settlement of private sector
negotiations. The Ministry of Labor effectively enforces minimum wages
in the San Jose area, but less effectively in rural areas. Workers at
the lower end of the wage scale, especially those with families,
encounter difficulty maintaining acceptable standards of living and in
taking care of their basic human needs.
The Constitution sets workday hours, overtime remuneration, days of
rest, and annual vacation rights. Although often circumvented in
practice, it also requires compensation for discharge without due cause.
Generally, workers may work a maximum of 8 hours 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 do not receive overtime, however, if they voluntarily work
beyond their normal hours. Little evidence exists that employers coerce
employees to perform such overtime.
For several years, the ILO Committee of Experts has asked the Government
to enact provisions regarding accident prevention for seafarers, as
required by ILO Convention 134 on the "Prevention of Accidents
(Seafarers)." At year's end, the Committee had not yet received the
requested regulations.
A 1967 law on health and safety in the workplace 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 subject to
the law establish such committees, but either do not use the committees
or neglect to turn them into effective instruments for improving
workplace conditions. While workers have the right to leave work if
conditions become dangerous, workers who do so may find their jobs in
jeopardy unless they file written complaints with the Labor Ministry.
Due partly to budgetary constraints, the Ministry has not fielded enough
labor inspectors to ensure consistent maintenance of minimum conditions
of safety and sanitation, especially outside San Jose.
(###)
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