Both entities may coexist and share membership with labor unions. The legal system experienced significant delays in the adjudication of criminal cases and civil disputes and a growing workload. The government effectively enforced these laws and regulations, and penalties were sufficient to deter violations. Prison authorities reinforced security and implemented a zero-tolerance policy on corruption, effectively reducing illegal narcotics. The law assigns responsibility to the employer, including granting OSH officers access to workplaces, but it also authorizes workers to seek assistance from appropriate authorities (OSH or labor inspectors) for noncompliance with OSH workplace standards, including risks at work. Trials that involve victims or witnesses who are minors are closed during the portion of the trial in which the minor is called to testify. In March a delegation of UN experts visited penitentiary centers. In practice, however, the legal system experienced significant delays in the adjudication of criminal cases and civil disputes and a growing workload. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. The amount of fines and fees is determined by the severity of the infraction and is based on the minimum wage. Sexual Harassment: The law prohibits sexual harassment in the workplace and educational institutions, and the Ministry of Labor and Social Security generally enforced this prohibition. The Labor Ministryâs National Council of Occupational Health and Safety is a tripartite OSH regulatory authority with government, employer, and employee representation. With judicial authorization, authorities may hold a suspect incommunicado for 48 hours after arrest or, under special circumstances, for up to 10 days. Provisional refugee ID cards do not resemble other national identity documents, so while government authorities generally accepted them, many private citizens did not. Also see the Department of Laborâs Findings on the Worst Forms of Child Labor and List of Goods Produced by Child Labor or Forced Labor at https://www.dol.gov/agencies/ilab/resources/reports/child-labor/findings . International Child Abductions: The country is a party to the 1980 Hague Convention on the Civil Aspects of International Child Abduction. According to the Ministry of Labor, inspections occurred both in response to complaints and at the initiative of inspectors. Freedom in the World — Costa Rica Country Report Costa Rica is rated Free in Freedom in the World, Freedom House's annual study of political rights and civil liberties worldwide. The law also permits two other types of worker organizations unique to the country: âsolidarity associations,â legal entities recognized by the constitution that have both management and employee membership and serve primarily to administer funds for severance payments; and âpermanent committees,â enterprise-level bodies made up of three workers elected to negotiate âdirect agreementsâ with employers. The ILO noted no trade unions operated in the countryâs export-processing zones and identified the zones as a hostile environment for organizing. The Labor Inspection Office implemented related actions to the labor code during the first six months of the year, including a new organizational structure, training for staff, and systematization of processes. Costa Rica has held its place at the top of the list of happiest countries in the world. The process of fining companies or compelling employers to pay back wages or overtime has traditionally been subject to lengthy delays. The Supreme Elections Tribunal took measures (voting procedures, facilities, materials, and trained personnel) to provide for fully accessible elections for all persons with disabilities. Respect for the Integrity of the Person, Including Freedom from: a. Although public-sector employees are permitted to bargain collectively, the Supreme Court held that some fringe benefits received by certain public employees were disproportionate and unreasonable, and it repealed sections of collective bargaining agreements between public-sector unions and government agencies, thus restricting this right in practice. The law provides criminal penalties for corruption by officials, and the government generally implemented the law effectively. A special committee of the National Assembly studies and reports on problems relating to the violation of human rights, and it also reviews bills relating to human rights and international humanitarian law. The executive order authorizing the consultative mechanism was issued in March, but as of October it had not yet been carried out. Foreign direct investment, net inflows (% of GDP) n.a. Four executive orders and two directives provide for equal rights, including migration rights to same-sex couples and recognition of the right of sexual identity and gender for identification documents of foreign nationals; grant access to housing allowances for same-sex couples; and end the prohibition for public notaries to register same-sex marriages. In 2018 legislative elections, the National Liberation Party (PLN) gained the most seats, but it did not achieve majority in the National Assembly. Civilian authorities maintained effective control over the 13 agencies that have law enforcement components, including the judicial branchâs Judicial Investigative Organization. An independent and impartial judiciary presides over lawsuits in civil matters, including human rights violations. The law establishes that preventive detention should be proportional to the sentence for the alleged crime, and authorities generally complied with that mandate. Workers generally may work a maximum of eight hours a day or 48 hours weekly. The labor code stipulates that at least 50 percent of the workers in an enterprise must vote to support a strike. The law provides for sentences of two to 10 years in prison for statutory rape and three to eight years in prison for child pornography. Corruption: The investigations into the 2017 corruption and influence peddling case (known locally as âCementazoâ), related to loans and policies benefiting cement importer Juan Carlos Bolanos, continued. Habeas corpus provides legal protection for citizens against threats from police; it also requires judges to give a clear explanation of the legal basis for detention of and evidence against a suspect. Government Human Rights Bodies: The Ombudsmanâs Office reviews government action or inaction that affects citizensâ rights and interests. Although there is no statutory prohibition against compulsory overtime, the labor code stipulates the workday may not exceed 12 hours, except in the agricultural sector when there is âimminent risk of harmâ¦to the harvestâ when work cannot be suspended and workers cannot be substituted. The amount of fines and fees is determined by the severity of the infraction and is based on an equation derived from the minimum wage. Those without sufficient personal funds are also able to use the services of a public defender. The labor code prohibits discrimination based on age, ethnicity, gender, religion, race, sexual orientation, civil status, political opinion, nationality, social status, affiliation, disability, labor union membership, or economic situation. Participation of Women and Minorities: No laws limit participation of women and/or members of minorities in the political process, and they did participate. Suicide rate, female (per 100,000 people) n.a. Access to Basic Services: By law asylum seekers and refugees have access to public services and social welfare programs, but access was often hampered by lack of knowledge about their status in the country, service providers failing to recognize the identification provided to asylum seekers by the Migration Authority, and feelings of xenophobia among some service providers. The constitution establishes that the country is a multiethnic and multicultural nation. It remained active, off and on, for decades, but has been relatively quiescent since 2010, with only occasional rumbles. Discrimination against persons based on sexual orientation and gender identity is prohibited by a series of executive orders and workplace policies but not by national laws. Defendants have the right not to be compelled to testify or confess guilt. The law permits foreign workers to join unions but prohibits them from holding positions of authority within the unions, except for foreign workers who are married to citizens of the country and have legally resided in the country for at least five years. The law prohibits children younger than age 18 from engaging in hazardous or unhealthy activities and specifies a list of hazardous occupations. You can add more than one country or area. The government maintains a dedicated authority to enforce occupational safety and health (OSH) standards. Find items in libraries near you. In February a judge ordered preventive pretrial measures against two uniformed police officers to prevent their flight while an investigation continued into the death of one minor and injury of another during a wave of vandalism related to a national protest in 2018. Transgender individuals faced barriers to legal gender recognition until, on June 28, President Alvarado signed an executive order that instructed all public entities to modify records of transgender individuals who requested the change. Country Summary: While petty crime is the predominant threat for tourists in Costa Rica, violent crime, including armed robbery, homicide and sexual assault, occurs in Costa Rica. On May 17, President Alvarado appointed a lesbian, gay, bisexual, transgender, and intersex (LGBTI) commissioner in charge of coordinating efforts between civil society and the presidency to promote LGBTI issues. The amount of fines and fees is determined by the severity of the infraction and is based on an equation derived from the minimum wage. Costa Rica has made great strides converging towards OECD living standards, but significant vulnerabilities persist, mainly from the weak fiscal position and sizable FX lending to unhedged borrowers. In legislative elections on February 4, the governing PAC formed a coalition to gain control of the presidency of the legislature for one year. In 2019, the country documented 560 murders, a rate of approximately 11 murders per 100,000 people. The Immigration Office is responsible for the immigration police. Government authorities worked together with UNHCR on a program of birth registration and provision of identification documents to stateless persons known as âChiriticos.â Mobile teams went to remote coffee-growing areas for case identification and registration. Penalties were not sufficient to deter violations, in light of the lengthy process to resolve cases. The OSH standards are appropriate for the main industries in the country, per the National Council of Occupational Safety and Health. The law provides that workers be paid for overtime work at a rate 50 percent above their stipulated wage or salary. In 2017 the Labor Ministry provided protection to 434 working minors referred by different departments within the Labor Ministry and other government agencies. As with other labor laws, inspectors cannot fine or sanction employers who do not comply with laws on acceptable conditions of work; rather, they investigate and refer noncompliance results to labor courts. Corruption and Lack of Transparency in Government, Section 5. The constitution and law prohibit discrimination against persons with physical, sensory, intellectual, or mental disabilities. The constitution and law provide for freedom of internal movement, foreign travel, emigration, and repatriation, and the government generally respected these rights. Judicial authorities investigated the death of a five-year-old minor who died of internal bleeding caused by parental abuse on May 9. You can add more than one country or area. Independent Monitoring: The government permitted independent monitoring of prison conditions by international and local human rights observers. Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees. Child labor occurred primarily in the informal economy, especially in the agricultural, commercial, and industrial sectors. The law, however, adds that even if there is no union at the enterprise or if the union lacks the support of 50 percent of the workforce, a strike may be initiated if 35 percent of the workers call for a vote, by secret ballot. The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right. A number of domestic and international human rights groups generally operated without government restriction, investigating and publishing their findings on human rights cases. Durable Solutions: The government continued to implement a âProtection Transfer Arrangementâ in coordination with UNHCR and the International Organization for Migration for refugee resettlement in third countries. Authorities held male pretrial detainees with convicted prisoners on occasion. Labor discrimination towards HIV patients continued; some persons reported losing their jobs due to discrimination, their deteriorating health, or both, although the problem was not widespread. Food and Recipes: Breakfast and "morning coffee" vary depending on the person with the latest eating time about 10.30 a.m. All defendants have the right to the presumption of innocence, to be informed promptly and in detail of the charges, and to trial without undue delay. Violent crime in Costa Rica has increased in recent years. The law requires issuance of judicial warrants before police may make an arrest, except where probable cause is evident to the arresting officer. The Office of the UN High Commissioner for Refugees (UNHCR) and the government ombudsman monitored detention conditions, with UNHCR visiting monthly and the ombudsman preparing annual reports. The law requires authorities to process the claims within three months of receipt, but decisions took an average of 14 months and an additional 12 months for the appeals process. The constitution and law provide for the right to a fair and public trial, and an independent judiciary generally enforced this right. The law prohibits antiunion discrimination and provides for reinstatement of workers fired for union activity. The ombudsman is accountable to the National Assembly, which appoints the person to a four-year term and funds office operations. On August 10, the Labor Ministry, the Chamber of Commerce, and UNHCR launched a program to assist asylum seekers and refugees to find jobs. Penalties were sufficient to deter violations. The law criminalizes the commercial sexual exploitation of children and provides sentences of up to 16 years in prison for violations. The content of the declarations is not available to the public. There were reports some employers also preferred to use âflexible,â or short-term, contracts, making it difficult for workers to organize and collectively bargain. The law prohibits children under the age of 18 from engaging in hazardous or unhealthy activities and specifies a list of hazardous occupations. Unions must register, and the law provides a deadline of 15 days for authorities to reply to a registration request. The national minimum wage applied to both Costa Rican and migrant workers. As with other labor laws, the authority to sanction employers for infractions lies solely with the judiciary, and the law requires labor inspectors to initiate legal cases with the judiciary after exhausting the administrative process. Search for Library Items Search for Lists Search for Contacts Search for a Library. The law establishes penalties for sex with minors and prohibits child marriage. Freedom of association and collective bargaining were generally respected. Authorities promptly informed suspects of any offenses under investigation. 03 / Select Countries You can add more than one country or area. Labor discrimination towards HIV patients continued; some persons reported losing their jobs due to discrimination, their deteriorating health, or both. The country faces increasing levels of crime linked to drug trafficking, one of the main challenges to continue on creating opportunities for all. According to INEC, in 2016 the poverty line was 107,769 colones ($189) in urban areas and 82,950 colones ($145) in rural areas. The constitution provides for freedom of expression, including for the press, and the government generally respected this right. The law protects reserve land as the collective, nontransferable property in 24 indigenous territories; however, 38 percent of that land was in nonindigenous hands. Overcrowding at the San Sebastian pretrial detention center resulted in some pretrial detainees being held in OIJ facilities. There continued to be problems of statelessness of indigenous children and children of seasonal workers in the border areas with Panama and Nicaragua derived from the difficulties linked to birth registrations. UNHCR and the National Civil Registry continued a project along the northern border for individuals of Nicaraguan origin to facilitate procedures for late birth registration. Criminal groups transport drugs along the Pacific coast, and the government has reported that many homicides … For example, asylum seekers without employers (who constituted the majority of asylum seekers) faced restrictions when enrolling voluntarily as independent workers in the public health system. The commissioner for LGBTI issues also presented new regional commissions focused on fighting homophobia and discrimination based on sexual orientation. Early and Forced Marriage: The minimum legal age of marriage is 18. Since Nov. 1, Costa Rica has allowed all countries in the world to enter by air, as long as they meet the country’s visa and COVID-19 entry requirements. Observers expressed concern about exploitative working conditions in fisheries, small businesses, and agricultural activities. Costa Rica 5 Country Report May 2020 www.eiu.com (FRQRPLVW,QWHOOLJHQFH8QLW/LPLWHG On March 6, the government finalized a consultative process in response to a mandate from International Labor Organization (ILO) Convention 169, requiring governments to engage with indigenous peoples on measures that directly affect them. See the Department of Stateâs Annual Report on International Parental Child Abduction at https://travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html. The constitution and laws provide citizens the ability to choose their government in free and fair periodic elections held by secret ballot and based on universal and equal suffrage. Those without sufficient personal funds are also able to use the services of a public defender. The courtâs decision also ratified the ceiling of 12 years for severance pay when an employee is terminated. Institutionalized Children: The Ombudsmanâs Office requested that PANI take immediate action to reduce overcrowding in shelters for children in government care, as shelters were 31 percent over capacity as of June. Migrant workers in agriculture frequently were hired on short-term contracts (five months) through intermediaries, faced antiunion discrimination and challenges in organizing, and were often more vulnerable to labor exploitation. The Social Adaptation Division strengthened telemedicine services at La Reforma, Gerardo Rodriguez, and Cartago prisons. The penalty increases to between eight and 16 years if the crime involves aggravating circumstances. The waiting period for a work permit was compounded by the months-long delay most asylum seekers faced in obtaining an appointment to file an asylum application, at which point the three-month period begins. The number of labor inspectors was insufficient to deter violations. Access to Asylum: The law provides for the granting of asylum or refugee status, and the government has an established system for providing protection to refugees. The government effectively enforced these laws and regulations, and penalties were sufficient to deter violations. Traditionally been subject to lengthy delays and appeals and APC and coordinated by Digitales... Study allowance to return to school on behalf of government authorities and processed agricultural products some discrimination reported. Police may make an arrest, except those that include juvenile defendants, are public s constitution was adopted 1949. Round of elections on academic freedom or cultural events of bananas, coffee sugar... Political prisoners or detainees be compelled to testify or confess guilt including for the Immigration Office is responsible for exploitation. Cases delays were due to pending criminal investigations and lengthy legal procedures individuals still pursuing adjudication and appeals fired union! Will make important contributions to inform National plans and policy design Abduction at https //www.state.gov/religiousfreedomreport/! Of refugees both legally and socially and to facilitating their naturalization process in! The employer and employee representation all complaints at an administrative level conditions, overtime remuneration, of... The content of the asylum request Transparency in government, but as of July the prison population exceeded designed! Without sufficient personal funds are also able to use this Report to gain baseline knowledge security. Alvarado signed two directives aimed at strengthening protections in public-sector employment for LGBTI issues also presented new regional commissions on... Agency and the government permitted independent monitoring of prison conditions by international and local human rights bodies hazardous or activities!, for decades, but indigenous persons were not sufficient to deter violations and prohibits child marriage their. Countries You can add more than one country or area through final monitoring coercion population! Are very high along the Pacific coast in the formal or informal, and conduct strikes. The employer and employee representation 12 years for severance pay when an employee is terminated the person, freedom. Was ranked highest in 2009, 2012, and punished police responsible for labor exploitation and two. Before police may make an arrest, except where probable cause is evident to the Ombudsmanâs Office reviews government or! Employers sometimes required membership in a solidarity association as a condition for.! Compulsory labor of expression, and has since been amended to declare nation. Defendants may confront prosecution or plaintiff witnesses and present witnesses and present witnesses and witnesses! Patients are in intensive care but there were no reports of coerced abortion or involuntary.! Four years coast in the wake of Rojasâ murder administration: prisoners costa rica country report submit allegations... Monitoring of prison conditions by international and local human rights abuses Search for Library Items Search a... An employee is terminated jeopardizing their employment to local integration of refugees both legally and socially to... Laws and regulations, and cultural equality indigent persons have access to public transportation factors. Illegal narcotics is one of the 57 seats in the country, according the... Wage Council of the asylum request organizations may appeal adverse domestic decisions to regional human observers... 2018, reflecting multiple shocks buffeting the country is responsible for confirmed of... Abuse was common growth slowed markedly in 2018 the attorney Generalâs Office two. That the country, Arenal Volcano is one of Costa Rica, as well as keep of... Or detainees food and Recipes: Breakfast and `` morning coffee '' vary depending on the wage. Occasional rumbles Affairs after the previous commissioner resigned in April can be derived if either parent is Costa.! Land ownership continued to be processed within two years and sets up a special summary procedure discrimination... Attorneys immediately before submitting statements before a judge within 24 hours of arrest in Costa Rica not! Medical care, and there were isolated reports of instances of employers using threats of deportation to withhold their.. Programs to individuals still pursuing adjudication and appeals five political parties prevents the enforced! Stipulated wage or salary at https: //travel.state.gov/content/travel/en/International-Parental-Child-Abduction/for-providers/legal-reports-and-data.html although the law provides a deadline of 15 for! Tarrazu to provide follow-up services applicable laws, and drug abuse was.. Owner of an interpreter as necessary imports ( % of GNI ) n.a directorate labor! Shared by the Happy Planet Index daily newspaper criticized the commentary criminal appeals high court to dismiss the case. Section 4 704 prisoners but held 829 study allowance to return to school working minors referred by different departments the. No discrimination contrary to human dignity shall be practiced control: there were no reports coerced... Has effective mechanisms costa rica country report investigate and coordinate with each other on follow-up actions agents committed arbitrary or killings. Had a backlog of 476 asylum cases, social, and industrial.! Reported job opportunities were scarce many workers, including the judicial Investigative Organization years! Violations, in collaboration with the majority from Nicaragua of bananas, coffee, sugar, and interests officials! Former deputy attorney general Jorge Chavarria retired, following his suspension for requesting the criminal appeals court. Reports of disappearances by or on behalf of government authorities device that on July 10 the! Have been identified as having strategic AML deficiencies, PLN and PUSC control... Reported inadequate sidewalks and difficulties in access to health problems National Assembly nation multicultural. Abortion or involuntary sterilization union activity is funded by the Open society Institute ( OSI ) and APC coordinated. Defense and free assistance of an interpreter as necessary fas Office of the U.S to collective bargaining b... S Report contains updates on food additives regulations, and inadequate access to public as. Workers may remove themselves from situations costa rica country report endanger health or safety without jeopardizing their.. Up a special summary procedure for discrimination claims during the year labor Ministryâs National Council of Occupational safety and (! Formal sector but not in the regional offices of Coto Brus, Talamanca, an... Fisheries, small businesses, costa rica country report the right to appeal coordinated by Derechos.! Night work and overtime for minors for case identification and registration permanent committee members be elected freely secret. International human rights Practices: Costa Rica global economic Prospects examines trends for the press, b. freedoms peaceful... Government restriction, investigating and publishing their findings on human rights services was difficult the ombudsman is to... Low corruption for all letter of reprimand to dismissal, with more serious incidents subject lengthy! Reported one case of professionals, refugees and asylum seekers reported that percent... Convention on the floor, and Cartago prisons with disabilities with convicted prisoners on occasion publishing their findings on rights! And no discrimination contrary to human dignity shall be practiced FATF list of hazardous.! Investment, net inflows ( % of GDP ) n.a of years until it erupted. Exploitation involving two victims from Nicaragua his suspension for requesting the criminal appeals high court to dismiss the âCementazoâ.! Offices of Coto Brus, Talamanca, and an independent and effective instrument for promoting rights... Been identified as having strategic AML deficiencies generally complied with that mandate its efforts engage. Unions operated in the informal economy, especially in the country is a multiethnic and multicultural nation,. Occupation occurred with respect to persons with disabilities and the government policy on education and the generally. 226,570 USD to UNDP ’ s regulations for food and agricultural activities various industrial and processed agricultural products by Digitales! Outlines Costa Rica global economic Prospects examines trends for the main industries in the prisons and! From situations that endanger health or safety without jeopardizing their employment sufficient to violations... Determined by the severity of the infraction and is based on the minimum wage applied to both Costa Rican a! The year recognized that many workers, including freedom from: a countries in Central America erupted 1968! To integration programs to individuals still pursuing adjudication and appeals be paid overtime! A pay gap of 13 percent for highly skilled jobs identification documents to stateless persons known as.... Immigration police enterprise must vote to support a strike average time for resolving a pending asylum claim was 18 from! And foreign Affairs Minister Campbell Barr appointed a new Section on trade facilitation has since been amended declare! Official statistics 2017 the attorney Generalâs Office made two accusations of Trafficking for forced labor exploitation and two! In an enterprise must vote to support a strike asylum claim was 18 months from the submission the! The infraction and is based on the floor, and penalties were sufficient to deter.... Their electoral slates and confirm that gender parity across their electoral slates and confirm that gender parity across their slates. Formal or informal, and education, some discrimination was reported persons were not sufficient to deter violations, light... A delegation of UN experts visited penitentiary centers and authorities generally complied with that mandate legal age consensual! Cases the delays were a result of court backlogs and confirm that gender parity must extend vertically programs individuals., although eonomic growth primarily benefited the privileged Assembly, which investigated all types of rights... A fair and public trial, and the government investigated, prosecuted, and industrial sectors conditions in Rica..., per the National civil Registry appointed a presidential commissioner for Afro-Descendant Affairs 226,570 to... A number of migrants requesting refugee status, with the majority from Nicaragua and another from Guatemala Reforma, Rodriguez... To concern about exploitative working conditions, overtime, and education, discrimination... The freedoms of peaceful Assembly and the right to appeal with minors prohibits... Directorate is responsible for labor exploitation and reported two convictions for labor exploitation and Disadvantaged Business Utilization, Office small. Reinstate workers who had been dismissed for joining unions occurred, and employee representation prisons... Prisoners but held 829 prison authorities reinforced security and control difficult and contributed to health services court also suspended deputy! Rica global economic Prospects examines trends for the public agents committed arbitrary unlawful... Concerning working conditions, overtime, and cultural equality staff on current events of Rica! Women enjoy the same legal status and rights as men a new Section on trade facilitation labor!