HUMAN RIGHTS COMMITTEE CONSIDERS REPORT OF COSTA RICA

The Human Rights Committee has considered the fifth periodic report of Costa Rica on how that State party is implementing the provisions of the International Covenant on Civil and Political Rights.

Laura Thompson, Permanent Representative of Costa Rica to the United Nations Office at Geneva, said that, since its fourth report, various bodies had implemented some of the Committee's previous concluding observations. Costa Rica had also acceded to a series of international instruments, including the International Convention for the Protection of All Persons from Enforced Disappearance, and the Convention on the Rights of Persons with Disabilities, in 2007. Moreover, while reiterating Costa Rica's position in defence of the right to life, the Government was aware of clandestine abortions and was implementing awareness and education programmes in that area.

Committee Experts raised question and asked for further information on subjects pertaining to, among other things, what was done to ensure that detainees were not subject to abuse during incommunicado detentions; and how the Government was dealing with death threats made against journalists. An Expert, noting that the Church and the Ombudsman had both criticized Costa Rica's new migration act, wondered if the Government planned to take any action in that regard.

Rafael Rivas Posada, Chairperson of the Committee, in preliminary concluding remarks, said that the Committee remained concerned over the actual situation of detainees and prisoners, as well as persons being held incommunicado, and had also been struck by matters pertaining to the protection of freedom of religion because of the monopoly the Catholic Church effectively held over marriages. With regard to freedom of expression, the current legislative situation was not very clear and it was therefore hoped that those provisions would be updated.

The Committee reviewed the report of Costa Rica over two meetings and it will issue its formal recommendations on the report towards the end of the session, which will conclude on 2 November 2007.

Costa Rica is one of the 160 States parties to the International Covenant on Civil and Political Rights and is obligated to submit periodic reports on implementation of the provisions of the Covenant. It is also one of the 110 signatories of the Optional Protocol to the Covenant, which provides for confidential consideration of communications from individuals who claim to be victims of violations of any rights proclaimed by the Covenant.

The Costa Rican delegation, which presented the report, included members of the Costa Rican Permanent Mission in Geneva.

When the Committee next reconvenes in public, at 10 a.m., on Tuesday, 23 October, it is scheduled to begin its consideration of the third periodic report of Algeria (CCPR/C/DZA/3).


Report of Costa Rica

The fifth periodic report of Costa Rica (CCPR/C/CRI/5) says, that where human rights are concerned, international treaties have supra constitutional rank, such that no interpretation by domestic bodies, which impairs the rights recognized in any international treaties duly signed and ratified by Costa Rica, is admissible. On work within the prison system, it is duly regulated and is not compulsory. The prison system has set up a number of production projects with the aim of generating work for the prison population, for which a financial consideration is offered. In this way, as well as being kept busy, detainees are also helped to realize their potential and their personal development is encouraged.

With regard to migration, the majority of the deportations carried out by the Migration and Aliens Office between 2002 and 2005 involved illegal Nicaraguan immigrants; there were also large numbers of Colombians, Ecuadorians and Peruvians. Costa Rica has a long tradition of welcoming asylum-seekers and refugees. Costa Rican law does not differentiate between the rights of nationals and non-nationals, regardless of their migration status. The law applies equally to all in respect of both rights and duties. Even when an individual is not entitled to be in the country, their human rights can still be protected and safeguarded, including the rights to physical integrity, respect for human dignity and medical care. Costa Rica does not discriminate against any religious denomination and treats all citizens with the utmost equality in religious matters. It considers religion, including Catholicism, Protestantism, Judaism and Islam, to be a cornerstone of the nation. Indigenous religions, Afro-Costa Rican religions and those introduced by new migrants are now more highly valued. The country enjoys full religious pluralism. With regard to indigenous languages, the Constitution has been amended to place an obligation on the State to ensure their preservation and development.

Presentation of Report

LAURA THOMPSON, Permanent Representative of Costa Rica to the United Nations Office at Geneva, introducing the report, apologized that Costa Rica had not been able to send a full delegation to the Committee; members of the Ministry of Justice had had to cancel their trip to Geneva at the last minute.

In presenting its fifth periodic report, Costa Rica had reaffirmed its obligations under the Covenant, Ms. Thompson said. Moreover, since its fourth report, various bodies had implemented some of the Committee's previous concluding observations. In Costa Rica, there was an interest to improve the enjoyment of civil and political rights without distinction. Costa Rica also had a broad framework to implement human rights.

Since its last report, Costa Rica had acceded to a series of international instruments, Ms. Thompson observed, including the International Convention for the Protection of All Persons from Enforced Disappearance, and the Convention on the Rights of Persons with Disabilities, in 2007.

Ms. Thompson noted that Costa Rica had abolished the death penalty in 1878, and that it had banned torture with similar force by penalizing it in its Penal Code in 2001. Great importance was also attached to the training of police forces in order to prevent any violations of human rights.

On the issue of migration, Ms. Thompson said that arranged marriages for the purpose of obtaining Costa Rican nationality were prohibited by the law. In the area of indigenous affairs, a special body had been established to deal with that area, and a translation service within the court system had been set up to ensure indigenous people had access to documents in their own languages. In the area of trade association and labour freedom, a round table had been set up to elaborate a draft law.

Ms. Thompson reiterated Costa Rica's position in defence of the right to life. However, the Government was aware of clandestine abortions and was thus implementing awareness and education programmes in this matter.

Replies of the Government of Costa Rica to Written Questions

Gender Equality; Non-Discrimination

Responding to the Committee’s written list of issues, the delegation said, with regard to the criminalization of violence against women and the practical measures that had been taken to encourage victims to report acts of violence, that the Government had established a committee to combat that problem, which was working with determination to promote the rights of women.

Right to Life and Prohibition of Torture

On torture and police misconduct, the delegation noted that complaints were being brought before various Government bodies. As of 2005, a major decrease in violence by police forces had been observed. That was believed to be the result of several measures, including specific training and the professionalization of the police force, as well as education in the rights and duties of the police force. In addition, as of 2006, prison authority guidelines had been issued.

Concerning abortion, the delegation said that the right to life was enshrined in the law. But abortion could exceptionally not be punishable if the mother’s life was threatened and if the mother agreed to the procedure. In the Costa Rican Criminal Code it was also possible for the judge to pardon abortion if the mother had been raped.

Right Not to be Subjected to Arbitrary Arrest or Detention

On pre-trial detention, the delegation noted that currently there was no programme to decrease the period of pre-trial detention, as had been recommended by the Committee. On Incommunicado detention, it was noted that it had to be ordered by the court. Incommunicado detention would not prevent the person to communicate with their legal counsel. Also, there was currently a number of Bills to decrease the duration of Incommunicado detention.

Right to Freedom of Expression

With regard to the freedom of expression and whether measures had been taken to protect the victims of death threats, the delegation said that there were currently two cases before court.

Freedom of Association and the Right to Join Trade Unions

Responding to the assertion, in the report by the Special Representative of the Secretary-General on human rights defenders, that human rights organizations had been excluded from discussions and decisions on welfare and human rights policies in Costa Rica, the delegation said that, in fact, such organizations had amply participated with various governmental institutions in that endeavour.

As to information claiming that attacks and threats had been made against workers belonging to certain trade unions and their leaders, as well as the measures taken to identify and punish the perpetrators, the delegation explained that it had not been possible to individualize responsibilities.

Oral Questions by Committee Experts

Committee Experts then asked various questions and made comments on a number of topics, including action taken since the establishment of the law for the protection of women, in particular what had been done to ensure that women who complained of violations of their rights were protected; more information with regard to the situation of prostitution and trafficking in women; what reparations had been given to victims of police force abuse; what was done to ensure that detainees in incommunicado detention were not subject to abuse; and whether it was true that corporal punishment had not been prohibited by law. An Expert was disappointed to note the apparent ease with which journalists were targeted by death threats, and wondered how the Government dealt with that issue. That was particularly worrisome as the Government's inability to identify violators of freedom of expression could lead to impunity.

Several Experts had noted that the report, while very informative as far as legislation was concerned, did not contain enough specific examples and cases to illustrate the situation of civil and political rights in the country.

Response by Delegation to Oral Questions

The delegation, responding to questions, said that, as far as concrete cases brought under the law on violence against women was concerned, it was too early to answer the question, as the law had just been implemented and information had just begun to be circulated to the population. On torture by law enforcement forces, there might be existing cases, but given the fact that it was not considered a crime until recently, there were currently no numbers to give.

Equally, the delegation had no information on trials concerning abortions, but such information would be communicated to the Committee later in written form.

Regarding the law on freedom of expression, the delegation noted that it had not been enacted as yet. It was true that the Criminal Code defined personal insults and slander as offences, but they were not considered to be serious offences, and were only subject to a fine.

With regard to freedom of association, there were a series of laws addressing that issue; however, they had not been enacted as yet. Costa Rica was in an unusual situation: it had signed a free trade agreement with the United States, but the Congress had not ratified it yet. That had created a blockage in the legislature for over a year and the legislative processes of Costa Rica had been at a standstill. The President had finally called for a referendum on the issue – the first ever in Costa Rica's history. Based on the people’s decision to ratify the trade agreement, it was now hoped that the situation with regard to bills before the legislature would improve.

On the right to belong to a union, the delegation commented that that right would be strengthened by a series of bills before the Congress; unfortunately they had not yet been enacted into law. On trafficking in persons, a public information campaign would soon be launched. Concerning laws against sexual harassment, there were laws to protect women at the workplace. Such cases had to be communicated to the Ombudsman or the Ministry of Justice if the case had happened in the private sector. On sex tourism and sexual exploitation, a number of legislative measures had been adopted to protect people against it.

Concerning corporal punishment, the delegation doubted that it was authorized in institutions, but the parents' code clearly spoke about it. The Children’s Code also provided protections for children and adolescents.

Overpopulation in prisons remained a problem, the delegation conceded, but observed that that was a problem which was widespread across the globe, affecting developing and developed countries alike. In Costa Rica, the necessary resources were not always available to tackle the situation, but efforts would continue to be undertaken in this matter.

Further Oral Questions by Committee Experts

In further comments and questions, Experts asked for greater clarification about the rights of a prisoner held in incommunicado detention. In particular, what were the rights of such detainees to contact and consult with their lawyers? Also, was it correct that such detainees could not be questioned without the presence of a lawyer? An Expert urged the Government to consider the decriminalization of slander and libel. Several Experts pled the case that Costa Rica should make every effort in future to field a full delegation, with the appropriate expertise and information to respond to the quite specific and concrete concerns of the Committee. Micro-delegations, like the current one, were not a good solution as they prevented the Committee from having access to real data.

Response by Delegation

Concerning the criminalization of insults, the delegation explained that the number of days they had cited as the punishment were "fine" days and not days spent in prison.

Further Responses by Delegation to Written Questions

Freedom of Religion and the Right to Marry and Found A Family

Commenting on the decision of the Constitutional Chamber that had confirmed that only Catholic marriage was valid for civil purposes, the delegation said that the Catholic religion was a State religion and that that was not violating the freedom of religion. Also, there were no restrictions over other religious marriages, but those did not have civil effect.

Concerning the education of minorities, the delegation said that efforts had been carried out so that respect for and equality of minorities were ensured.

Right to Recognition As A Person Before the Law; Protection of the Child

Concerning maintenance payments, those were governed by the Maintenance Payments Act of 1997, which regulated all aspects of maintenance payments arising out of family relationships as well as the procedure for application and interpretation. The delegation said that significant progress had been made in that matter, and several had been solved. Also, legislation had been reformed to prevent marriage under the age of 15, and other procedures were under way to prevent trafficking in children.

Principle of Non-Discrimination

Concerning migration policies, the delegation said that new criteria were being set out that fully respected human rights as well as all international treaties to which Costa Rica was a party. Migration law had been subject to criticism by society in Costa Rica, and therefore a new law on immigration to amend the current law had been presented before the government.

Rights of Minorities

Commenting on the progress made in adopting a law on the autonomous development of indigenous peoples, the delegation said that the draft law had been extended for four years and hearings had been held with various international organizations that had competence in those matters.

Dissemination of the Covenant

Concerning the promotion and dissemination of information about the current report, the delegation said that there has been a process of consultation with non-governmental organizations while preparing the report. The report itself was publicly available and had been posted on the Government website.

Further Oral Questions Posed by Experts

Committee Experts then asked further questions, including whether non-governmental organizations had been involved in the drafting of the report from the beginning of the process. Considering that the church and the Ombudsman had criticized the new migration act, did the Government plan any action in that regard? An Expert was also concerned by reports that undocumented migrants had been subject to torture by the police. An Expert also asked how many complaints had been lodged against police misconduct.

An Expert asked what body was responsible for establishing the curriculum of religious teachings in schools? If it was the State, how was it decided upon? If it was the teachers, one might fear that certain sensitivities might not be taken into account.

Response by Delegation

Responding to those questions and others, the delegation said that in Costa Rica the State religion was Catholicism, but everyone enjoyed freedom to practice their religion. AS to what body framed the curriculum for religious teachings, Catholic teachers provided religious instruction in Catholic schools, under the supervision of the Ministry of Education.

Concerning prior dissemination of the report, the delegation said that the report had been drafted in consultation with a number of institutions, as well as the Ombudsman. That custom was complicating the whole process and had been one of the reasons for the delay in submitting of the current report.

With regard to sexual exploitation, the Government was currently working on an action plan in that area in collaboration with the International Labour Organization, the delegation confirmed.

As for the Migration Act, there was a reform process going on, in collaboration with the Ombudsman, and it was hoped that, once enacted, it would be able to improve the situation. Costa Rica had received a huge flow of migrants and this had been a huge problem for such a tiny country. The current number of refugees exceeded the country's capacities, and the Government had asked the United Nations Refugee Agency for help.

With respect to environmental protection, an area in which Costa Rica was a leader, the delegation noted that Costa Rica had specific initiatives to protect the environment. Some 20 per cent of the country had been designated as national park land. Though its tough stance on environmental protection was an expensive one for such a small country, Costa Rica and its current leadership were wholly committed to the path of sustainable development.

Turning to human rights education, the delegation noted that the reports of the Ombudsman were being made public and widely disseminated. Children were receiving specific human rights education as part of the curriculum.

On the matter of representation of indigenous communities, the delegation said that the communities had a special representative stemming from indigenous associations.

Concerning the attacks against the trade union heads, the delegation acknowledged that in Costa Rica there had been an increase in the number of armed attacks. However, the attack in question was not linked to the trade union. Nevertheless, the judicial proceedings had been carried out as normal.

Concerning the freedom of press, there was currently a draft law before Congress on this issue, the delegation said.

The delegation noted that sexual harassment was not criminalized under current legislation in force. As for sexual harassment against girls in educational facilities, there were specific regulations that made it possible to deal with such cases. Concerning the right of parents to punish their children, a draft law was currently under discussion which should penalize such corporal punishment.

Preliminary Concluding Observations

RAFAEL RIVAS POSADA, Chairperson of the Committee, in preliminary concluding observations, began by echoing the sentiment expressed by many of the Committee members, the that Costa Rica was playing an exemplary role in the area of human rights.

Mr. Rivas Posada hoped that, in the future, persons responsible for the matters covered by the Committee would be included in the Costa Rican delegation so that they could get more specific information and details.

Among continuing concerns, was the actual situation of detainees and prisoners in Costa Rica, as well as persons being held incommunicado, Mr. Rivas Posada said. Incommunicado detention had to be fully justified by the State party in order not to jeopardize the protection of the rights of the detainees. Also of concern was the protection of freedom of religion, given the monopoly held by the Catholic Church over marriages. A lack of civil recognition of marriages performed by other religions was an outdated policy, and Costa Rica should free that institution from the monopoly of the Catholic Church.


Regarding protections for indigenous peoples, a number of laws were still awaiting adoption and thus it was too early to make a statement, Mr. Rivas Posada felt. With regard to freedom of expression, the current legislative situation was not very clear and it was therefore hoped that those provisions would be updated. Any limitations or restrictions placed on the press had to be fully justified.

One further concern was that the possibility of corporal punishment still existed under parental authority. If such forms of chastisement were not prohibited, the protection afforded under the Covenant was not being fully implemented.


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