COMMITTEE ON ECONOMIC, SOCIAL AND CULTURAL RIGHTS CONSIDERS REPORT OF COSTA RICA

The Committee on Economic, Social and Cultural Rights has considered the fourth periodic report of Costa Rica on how that country is implementing the provisions of the International Covenant on Economic, Social and Cultural Rights.

Introducing the report, Gioconda Ubeda, Special Missions Ambassador at the Ministry of External and Cultural Affairs of Costa Rica, said the writing of the report had taken over two years, and covered 15 years. Costa Rica had seen this as an opportunity to assess its compliance with the Covenant, and had reflected the progress achieved, as well as priorities and current challenges. The country had a commitment to the report and to the Covenant, and believed that this was not just a formal and legal commitment, but went beyond this. Since the presentation of the initial report, until 2004, Costa Rica had undergone substantial changes in a number of different areas, not just legally but also politically, economically, and from the point of view of implementing public policies, as well as cultural and social programmes.

Questions posed by Committee Experts included issues related to the referendum that had been held on whether Costa Rica should adhere to the Central American Trade Agreement and what would be the impact of this agreement on economic, social and cultural rights and to what extent the Government could compensate the parts of the population that were most affected by this treaty; what measures the Government was taking to decrease the large discrepancy between income levels of rich and poor in order to diminish potential social problems; whether the Labour Code would be revised to include the right to work for migrants; what was the scope of domestic violence against women and children and what measures had already been taken in this regard; whether the right of indigenous groups to land was recognised as part of their culture and ethnic identity.

In concluding remarks, Ms. Ubeda said the dialogue had been an intensive and enriching experience. Costa Rica had endeavoured to take on board the observations made on the various rights and activities covered by the Covenant, and had found the dialogue very helpful in this regard. The national coordinator, over the last three years, in drafting this report, had found that it put the country on the right path, and the next report would help Costa Rica to get much closer to the goal the Committee had set for it in terms of drafting, and in reflecting needs and experience. The Experts were thanked for their questions, which would be a mirror to help the country confront itself. The dialogue had very much helped to establish what the situation was in Costa Rica.

Among the delegation of Costa Rica were representatives of the Permanent Mission of Costa Rica to the United Nations Office at Geneva and the Costa Rican Government.

The next meeting of the Committee will be on Wednesday, 7 November at 3 p.m., when it will consider the fifth periodic report of Ukraine (E/C.12/UKR/5).


Report of Costa Rica

The fourth periodic report of Costa Rica (E/C.12/CRI/4) portrays a period featuring progress and setbacks (mainly as a result of the economic crisis of the eighties); and the overcoming of these setbacks (during the nineties), all thanks to the Government’s sustained social investment. It is also noteworthy that over the past 15 years, the country has expanded and consolidated citizens’ rights, moving on from the recognition of civil liberties and individual civil rights, to the introduction of the mechanisms needed for political, economic, social and collective rights to have their place in public policy. Indeed, the main feature of the reform of the Costa Rican State in the nineties was the broad roll-out of protection for and legal enforceability of human rights.

The long period covered by the report (1990-2004) enables general conclusions to be drawn that are relevant for the continuing gradual development of economic, social and cultural rights. The following is an indicative but not exhaustive list: the country needs to increase social investment and properly rationalize existing resources; the State should redefine and, in some areas, devise State policy that continues beyond the Government’s four-year term; there is a clear lack of coordination between some public institutions working in the same area or for certain population groups; there is a need to incorporate the cross-cutting theme of human rights into the National Development Plan which is drawn up every four years by the administration in government; and Costa Rica should invest more in training of civil servants, emphasizing a rights perspective, which would imply a structural change in the role of the public service.

Costa Rica’s development over the latter half of the 20th century was characterized by national efforts to modernize the production structure and improve the living standards of the population. The latter aim was achieved through significant investment in human development and the promotion of universal social policies in health, education, sanitation and social security. Over the long term this investment resulted in a country with high levels of human development as described in the latest UNDP Human Development Report, in which Costa Rica occupied 47th place. A worrying trend in Costa Rica’s development during the nineties was the increase in inequality as measured by the Gini index. Inequality in the country has increased not only between social groups but also between regions, revealing a heterogeneous development and differential impacts on the country of the economic policies implemented over the past 20 years.

Introduction of Report

Gioconda Ubeda, Special Missions Ambassador at the Ministry of External and Cultural Affairs of Costa Rica, said the writing of the report had taken over two years, and covered 15 years. It reflected a medium-term vision. Costa Rica had seen this as an opportunity to assess its compliance with the International Covenant on Economic, Social and Cultural Rights, and had reflected the progress achieved, as well as priorities and current challenges. That the Committee had been willing to accept a condensed report pushed Costa Rica further in its determination to produce a collaborative report, including the views of all stakeholders. It had established a constitutional group including many of the institutions involved in running the country. The exercise lasted more than two years in the first phase, aiming to provide truthful and objective information, despite changes in public administration or Government. This was the first time the process had been approached in this manner, and was the first time Government institutions had been involved in such a way, as well as non-governmental organizations and civil society, which had contributed towards the drafting of the document.

Ms. Ubeda said during the dialogue, there had been an opportunity to talk with international organizations that were involved with a range of issues. Costa Rica had hade a commitment to the report and to the Covenant, and believed that this was not just a formal and legal commitment, but went beyond this. The Committee was committed to identifying headway and challenges for the future, in order to improve implementation and protection of the rights included in the Covenant. This was a process which corresponded to and reflected the willingness of the Committee to have accepted Costa Rica reporting in a condensed manner for this period of 15 years, which time was covered by the second and third periodic reports. Next year, Costa Rica would examine this experience of writing the report, and would share this with the other countries of the region.

There were several general aspects which could serve as a framework of reference in understanding what would happen in future stages, Ms. Ubeda said. The first report came out in 1979, and this covered mainly legal issues and the general practical issues which arose, such as political practices, and measures which should be taken at a practical level. From 1990 to 2004, the report had been examined, as well as the recommendations issued by the Committee in that time, including legislation, international treaties, and changes in internal legislation, especially in the area of public policies, specific measures and programmes geared to protecting the rights included in the Covenant. Since the presentation of the initial report, until 2004, Costa Rica had undergone substantial changes in a number of different areas, not just legally but also politically, economically, and from the point of view of implementing public policies, as well as cultural and social programmes. The main priority for the future was to continue to invest in social programmes, improving quality of life and making the most of available resources.

Questions by Experts

Taking up articles one to five of the Covenant, Experts raised a range of questions, including a request for specific examples of cases where the Covenant’s provisions had been invoked directly; issues related to the referendum that had been held on whether Costa Rica should adhere to the Central America Free Trade Agreement, such as what would be the impact of this agreement on economic, social and cultural rights and to what extent the Government could compensate the parts of the population that were most affected by this treaty; what connotations did the use of the term “indigenous reserves” have and what were the rights enjoyed by the indigenous groups in this context, such as the right to ancestral lands; why there was a lack of indigenous people at Parliamentary level; what issues had been brought before the courts with regards to Afro-Caribbean and indigenous minorities in the context of racial discrimination, and what efforts had been made to ensure that “the punishment fit the crime” in this regard; and a request for assurances that the Government and the different Ministries were aware of the Committee’s recommendations and had incorporated them in their policies.

Response by Delegation

Responding to these issues and others, Ms. Ubeda said Costa Rica said that over the period of 15 years there was some progress, in particular with regards to poverty, and the drafting of the report had made it possible to more clearly identify the enormous challenges before Costa Rica. The report had objective data on what was happening within the country, and the identifiable challenges therein. Costa Rica was honest about some of the issues that had been raised today, which were in the context of the larger challenges, in particular the subject of discrimination. Costa Rica understood the Committee’s concern with regards to discrimination against minorities and women, and that no progress had been made with regards to equity in some areas, and that the Committee would like to see some progress in this regard. Costa Rica was working slowly towards a complex change, which involved many different social and economic levels.

Turning to migrants, Ms. Ubeda said that it was not in a context of racism and xenophobia, although last year there had been a law which included some articles which the current Government immediately proceeded to discuss at the international level as well as with civil society to examine the reality and practice in Costa Rica with regards to migration. That law would be reformed. On the treatment of refugees, the statements by the new Minister of Public Safety had been unfortunate, and he himself recognised this. Costa Rica had a tradition of acknowledging asylum-seekers’ requests, and this had been recognised at the international level. More expedited processes had been put in place to respond to the requests of refugees, and enormous strides had been made with regards to their integration into the work force. There were isolated cases of discrimination, but they did not reflect the overall approach with regards to asylum-seekers and refugees.

Costa Rica had to continue work in terms of promoting the culture and diversity of indigenous peoples and Afro-Caribbeans, Ms. Ubeda said, but Costa Rica was not an environment in which discrimination prevailed. On the Central America Free Trade Agreement, a country chose its development model, and since the 1990s Costa Rica had chosen an open economic model. It was currently holding negotiations with many countries, including the European Union, and therefore the negotiation process for the Central America Free Trade Agreement had been a natural one. Costa Rica had been concerned throughout the process, as there were some segments of the population that were more affected than others, and it was looking at how to protect the more vulnerable segments from any negative impact. Measures to compensate and counter-balance the impact of the agreement needed to be taken. Costa Rica was working to increase the quality of education in order to enable its youth to get better jobs. The Government was in the process of negotiating with segments of society and the economy in order to mitigate the potential negative effects of the agreement.

There was a division in the country with regards to trade agreements, Ms. Ubeda said, and this was positive, as it led to dialogue, which had stagnated over previous years, and could bring the various sectors of the population together. A social agenda was being negotiated. Specific measures had been taken to lower poverty levels to 2.2 per cent and to prevent the more vulnerable sectors from being more negatively affected by the Central America Trade Agreement once it went into effect. Costa Rica believed in economic growth with human development and social programmes in place, and that had been a constant. This was not rhetoric - progress was charted in the data.

Continuing to respond, Ms. Ubeda said that with regards to cases where the Covenant had been directly invoked, the Constitutional Chamber had been created to cover appeals covering human rights, and this marked an important change in the democratic structure and the rule of law in Costa Rica. This was the supreme jurisdiction - its rulings were binding on all, and obliged the State at all the different levels to comply. There was thus case law on such issues, based on a direct invocation of the Covenant, and on all human rights in human rights treaties. These prevailed over national legislation. The State of Costa Rica intended to create social compensation measures to ensure that there was not too much of an impact on the more vulnerable segments of the population. There was a Bill before the National Assembly on Indigenous Peoples that provided for significant change. It had been supported by many sectors, and provided for substantial change, such as that indigenous peoples could participate in decision making in areas that were relevant to them, and would be heard to a greater extent. The reserves were a measure for protection, and should be considered in the same way as a reserve that aimed to protect biological diversity. They were communal territories that aimed to protect indigenous peoples so that they could develop autonomy, cultural diversity, and activities pertaining thereto.

There were conflicts within the National Assembly on Indigenous Peoples, and Costa Rica was working on changing the make-up of the body. Some parts of the Council were more representative of indigenous peoples than others, and this needed work. On indigenous representation in Parliament, this had not been a subject of discussion in Costa Rica. There were representatives of the Afro-Caribbeans and of the mestizos in the Government, as well as growing participation of women and of ethnic groups. On racial discrimination, and whether this continued to be a subject of discussion, this should be put into the context of a country that was evolving towards ensuring greater participation. Costa Rica was not currently living tragic systematic discrimination, however there were areas that required improvement. There were no concrete norms in place to sanction cases of discrimination, but there were measures ensuring access to justice.

With regards to the concluding observations to the 1989 report, the main focus of these were very formulistic and legal in measure, Ms. Ubeda said. The concluding observations had been taken into account whilst drafting the present report, and they were part of the guidelines that had been established for those who had worked on it for over 27 months. Costa Rica had attempted to go beyond establishing new legislation, changes in legislation, and measures that had been implemented or were being implemented. The concluding observations were very important in areas such as religion. Catholicism was still the official religion, and there had been no change in this regard to date legally, although changes were taking place at the grassroots level. There was a convergence of opinions between the official religion and other religions.

Costa Rica had ratified all the international legal instruments on discrimination against women, and had taken measures and implemented reforms in that regard, including in the Code of Work for domestic labour. There was a unit in the Ministry of Labour, which focussed on gender equality. There had been an increase in salaries at the lowest levels, including domestic labour. Training for the Court of Justice on gender equality had taken place, and judges who worked more specifically with vulnerable populations were being trained on gender equality. Support was given to women living in poverty by the appropriate Ministry, Ms. Ubeda said. There were focalised local programmes which aimed to help women to integrate, and to allow pregnant teenagers to continue their studies and to find employment whilst raising their child. Significant funds had been invested in training women so they could run their households. A number of measures were leading to change, but this was a work in progress. What was most difficult was achieving cultural change, and until there was a change in worldview, there would be discrimination, as this was an issue that was deeply entrenched. Women were, however, becoming more significant in the political, social and economic life, and were reaching a level on a par with that of men.

On the migrant population, Costa Rica had operated an amnesty programme to document those who were illegally in the country, and it had 152,000 migrants registered as living in Costa Rica, basically from Central America, 97 per cent of whom were Nicaraguan in origin. Despite problems Costa Rica may have with some groups with which there was a form of malaise, there was still a positive relationship. Migrants had access to all rights of citizens, other than the right to vote and be elected. These rights included health care, whether the migrant was insured or not.

There was no Ministry for Women, Ms. Ubeda said, and this was a step that should be taken if Costa Rica wished to make progress in this regard. There had not been a step backwards in this regard. There had been a whole series of integrated programmes and policies implemented in order to improve the status of women, and these were done with a cross-cutting approach.

With regards to the right to work for non-nationals, the delegation said it had been the case that businesses should employ at least 90 per cent of Costa Rican nationals, however, this had been declared unconstitutional in 1999, and the Constitutional Chamber had decided there was a need to reform some of the measures that could in the past have caused discrimination. There was now prohibition of employment discrimination on the basis of race, gender, or origin.

Questions by Experts

With regard to articles six to nine of the Covenant, Experts took up a range of issues, including what measures the Government was taking to decrease the large discrepancy between income levels of rich and poor in order to diminish potential social problems; why was there a high level of unemployment level of women and whether the situation was changing; why there were no programmes aiming at improving the integration of indigenous peoples and Afro-Caribbeans into the labour market; whether the Labour Code would be revised to include the right to work for migrants; what positive measures were being taken to integrate and encourage the employment of such vulnerable groups as young people; what measures had been taken to improve the situation of the disabled who were massively unemployed; what was being done to repair the worrying condition of women domestic workers; why Costa Rica did not ratify other international covenants and conventions, especially in cases where its internal legislation already surpassed the requirements of these; how had legislation actually improved the situation of the people; and to what was attributed the massive migration from rural areas to cities, and whether this was due to poor working conditions and lack of access to services, or whether it was also linked to landless people.

Response by Delegation

Responding to these questions and others, Ms. Ubeda said that Costa Rica, like all other countries, had challenges with regards to the legal, economic, political and moral implications of corruption. Two ex-Presidents were being tried for corruption. Cases had been brought to the criminal courts, and persons were being tried there. However, corruption was neither generalised nor systematic - there was a system of control. It mainly occurred in cases of the provision of goods and services. There were mechanisms, including a law on illicit enrichment, which was very important as it had given impetus to a mechanism for addressing senior officials. It had not affected investment, and appropriate measures were being taken.

On the gap between the different social sectors, despite the fact that poverty had diminished by 3.5 per cent in recent years, the gap of social inequity had been a permanent feature over the last five years. The report addressed this, and the current Government had taken a series of measures which were reflected in data which showed a number of specific measures specifically designed to reduce this social inequality. There had been a reduction in extreme poverty, which was responsible for most of the gap. There was a range of programmes, including the provision of food for children at school and care for the elderly, and this helped ensure that poverty on general had been reduced. Policies on labour and health were matched by selective policies for vulnerable populations which helped to reduce extreme poverty and thus the gap between rich and poor. One of the sectors which had benefited most was women. There was a goal to reach equal pay for men and women. All these measures were set out at the national development plan, Ms. Ubeda said.

In Costa Rica, refugees were entitled to work, under the Geneva Convention and its protocols, and their integration into the labour market was encouraged. There were measures of support for the refugee population. There was a belief that refugees did not have the right of work, and measures were therefore being carried out to correct this. All foreigners, immigrants, refugees and asylum seekers, had the same rights and obligations as Costa Ricans, Ms. Ubeda said. There was quite a bit of jurisprudence which established and defended the rights of refugees.

With respect to the indigenous and black population on labour points, the indigenous populations mostly lived in the more remote areas, far away from the centre, areas which had traditionally been depressed, where the people living along the Caribbean coast amounted to some 9 per cent of the population. There were problems in incorporation into the labour market in this area, but the Government was working on reducing inequalities between the different regions, and some progress had already been seen in terms of reducing the gap between rich and poor.

On social security and ILO Conventions 118 and 113, Costa Rica was grateful for the recommendation to ratify these, Ms. Ubeda said. A large portion of the population was covered by social security - rising to 100 per cent at times of emergency. Costa Rica did provide for social security based on three main principles: universality, the principle of solidarity, and the principle of equity, which was to guarantee equal access to all by all. This crossed over with national social security, and in theory, as well as in practice, there was 100 per cent coverage. There was a difference in the coverage geographically, and this was due to difficult situations that had been identified, such as remoteness, and the Government was placing special emphasis on those regions at this time. There was provision of primary healthcare and basic healthcare systems, working from the periphery to the centre of the country.

On insurance, there had been a decrease in the uninsured, Ms. Ubeda said, down to 12.5 per cent. The entire population had grown by over 1 million, and numerically the figure was not quite as striking, however. On the reasons for massive migration from the rural areas to the urban areas, there were huge migratory flows from the country to the cities, and the economy had changed similarly, turning to tourism, construction and services, which were now the main sources of income. The tourist business was moving away from the central, urban areas, and shifting into the rural areas. The export economy needed to be better linked to the national economy, as this would allow for the integration of all peoples. There was a comprehensive policy in this regard.

In Costa Rica, Ms. Ubeda said, the demands made by the Constitutional Chambers and the standards set were very high. There was a culture among the people of Costa Rica that the Constitution was for all, and access to the Constitutional Chambers was free to all, and was expedited. There was a well-developed culture of guaranteeing access to the Chambers. Trade rights were fully respected in the free zones, including the right to strike, as they were in the rest of the country.

In follow-up questions, Experts asked, among other things, what kind of targets had the State party set down as far as unemployment was concerned, and what kind of benchmarks were established in order to determine whether there was a decrease; what was the impact in the decrease in agriculture, in particular traditional forms thereof on, among others, the right to food, and how would the Central American Free Trade Agreement further impact this; issues related to trade unions, in particular discriminatory firing, and collective bargaining policies; whether there was enforcement of the right to equality of work for migrants and whether this right was abstract or real and a request for cases in this regard; and whether work conditions in rural areas had anything to do with the exodus to urban areas.

Responding, Ms. Ubeda said Costa Rica was seeking equity in employment, both in terms of sectors and in terms of gender. There were regions that were lagging behind, and Costa Rica was striving to remedy this, and to completely eradicate poverty, towards which target it was working intensively. A national professional training institute had been set up for young professionals and to incorporate them into the labour market. Labour skills were being investigated in order to establish a National Certificate. There was a training programme for all stakeholders who provided guidance in the labour market. Purchasing power at minimal wage levels was being maintained. Costa Rica looked forward very much to quality employment and wanted to ensure the best possible conditions for its workers. On the reduction in agricultural production, this was the major source of income during the nineteenth and twentieth centuries. This was in decline, however, high agricultural production remained, with high export figures of coffee, bananas, citrus fruits, and others. Costa Rica was pursuing a policy of an open economy, and did not wish to give up social programmes when there was social positive growth.

In Costa Rica, there was a labour inspection division for each geographical region, the delegation said, and in that respect there was specific action taken by the Ministry of Labour where an attempt was made to prevent anti-labour union initiatives. An article of Labour Code, Ms. Ubeda said, gave the same rights to foreign workers as to Costa Rican workers. There was now no limit to the proportion of foreign workers that could be employed by a company. Studies showed that foreign labour had made a great contribution to economic growth in the country.

Questions by Experts

Taking up articles 10 to 12, Experts raised, among other things, the topic of abortion, which was very strictly regulated, and whether this could be or had been amended, as there was a lot of clandestine abortion being practised; what was the situation with regard to the consumption of drugs among youth and adults, and what measures had been taken to reduce or combat this phenomenon; what was the scope of domestic violence against women and children and what measures had already been taken in this regard; what specific measures had been taken to deal with the phenomenon of sex tourism; a suggestion that the Government double or even triple its efforts in order to show in the next report that there were no people in the country going hungry, naked, or living in the street; whether the poverty reduction strategy targeted the more disadvantaged and marginalized groups, in particular when they suffered from discrimination and high levels of unemployment, and whether the strategy integrated economic, social and cultural rights; whether the right to housing was justiciable; whether forced evictions complied with the commitments set out in the Committee’s General Comments four and seven; and whether the situation with regards to teenage pregnancies had improved, and what action had been taken in regards to this situation, and what had been their effect.

Response by Delegation

Responding to these questions and others, Ms. Ubeda said that there was a close correlation between articles six and 11, and these rights were inherent, could not be dissociated, and were part of the nucleus of indivisible rights. In Costa Rica, there were not many people dying of starvation nor running around the streets naked, and it was important to emphasise that the abject poverty line was at 3.3 per cent, affecting the most vulnerable populations. However, there was not a situation in which the streets were flooded by naked starving people. Costa Rica had not achieved perfection, nor had it achieved 100 per cent of its targets, but it was striving to improve, and there were programmes in place, including student cafeterias for children below the poverty threshold, so they were guaranteed food and appropriate nutrition. There was a 99 per cent primary education attendance rate, and very high levels also for pre-school, and a number of measures had been put in place that were geared to help the vulnerable populations. There were employment, health and education programmes which were targeted to the poorer sections of the population in order to help them emerge from abject poverty.

The policies, programmes and measures that Costa Rica was implementing were focused at the most vulnerable sectors, Ms. Ubeda said. On housing, if there were any forced evictions, there were procedures under articles four and 11. Forced evictions were subject to a fairly strict procedure, based on the principles of legality and due process, as well as respect for the rights concerned. If there was a violation of a right, as established in the Constitution as well as in laws and programmes, then there was access to justice. The right to housing had certain limitations - there were certain conditions to entirely free housing. On registration of land holding in areas where there were vulnerable populations, there were a number of regulations and mechanisms which had been established in the Ombudsman’s office to ensure that settlements were properly registered. A special Labour Commission had been established to investigate problems.

In a follow-up question, an Expert asked what measures were in place to prevent homelessness, in particular in cases of forced eviction, and to prevent people from ending up on the street.

Questions by Experts

Taking up articles 13 to 15, Experts raised a variety of issues, including whether primary education was totally free or were there corollary fees such as the cost of materials; how did the salary of public teachers compare with those in private schools; what part of the country in particular as mentioned in the report had very low literacy levels; whether the educational system was adapted to the culture of minorities; whether the special schools for the mentally and physically handicapped were sufficiently equipped in staff and materials and whether they existed in rural as well as urban areas; what were the criteria used for selecting a second language to be taught in a region and what was being done to protect indigenous languages; why there had been such a significant decline in the budget of the Ministry of Culture; whether the right of indigenous groups to land was recognised as part of their culture and ethnic identity; whether there was any specific law designed to preserve ethnic identity; whether there was any Constitutional recognition of the multi-cultural and multi-ethnic nature of society; whether there was any particular law protecting intellectual property; and whether Costa Rica had any programmes or plan of action to promote integrated school systems and to promote students being on the same campus as the Afro-Caribbean and indigenous populations.

Response by Delegation

Responding to these questions and those on articles 10 to 12, Ms. Ubeda said primary education was free and compulsory - materials and school supplies were also free. Primary education was universal, it was guaranteed for all inhabitants of the Republic, not just nationals, but all those living in the country. Ninety-three per cent of primary schools were public, and only 7 per cent were private institutions. In principle, the school supplies and textbooks were not free of charge, but low-income students had access to well-developed programmes which were geared towards their needs, namely the Equity in Education Programme. Ninety-nine per cent of children received basic primary education. The salaries of teachers in public and private schools showed very little difference except for in the higher grades. With regards to illiteracy, the literacy rate was about 95 per cent, but it was different in small pockets of the country, namely in indigenous areas and areas that were remote and difficult to access, where it was hard to set up schools and recruit teachers who spoke the local language. These areas had been identified, and there were programmes targeting them with training programmes and increased infrastructure.

One of the Ministerial level priorities was to set specific programmes in education, Ms. Ubeda said, and a $ 30 million loan from the World Bank had been ear-marked to improve education for indigenous peoples, Afro-Caribbeans, and those living on the borders of the country. These programmes were geared towards creating infrastructure in the communities, in particular the indigenous communities, as these were the highest priority. One issue was training indigenous peoples and helping them to preserve their culture, however there was a lack of teachers who were trained in their languages, therefore there was a programme to remedy this. Bilingual education was very important, and the second language was usually Spanish. On integrated schools, this was not much of an issue, as the Afro-Caribbean people tended to be concentrated in the Limon province, and were fully integrated into the population as a whole, attending schools alongside the rest of the population. The Ministry of Education was developing a comprehensive programme to examine education from the point of view of ethics, aesthetics, and citizenship, with the aim of strengthening students’ sense of identity. It was in the second half of secondary school where there was the highest level of drop-outs, and this was related not only to socio-economic status, but also to the quality of education, and this programme was geared towards including art, literature and daily life in the curriculum, as this was related to ethical and moral values.

On services for the disabled and poor disabled people, Ms. Ubeda said the latter was the most vulnerable group, and there was a programme for them which provided training, orientation, assistance and other help. Subsidies had been provided, economic contributions, and more than 50 per cent of those benefiting from this programme were underage. Another programme was for nuclear families, especially those living in disadvantaged conditions, and this included an element on disability. On violence in schools, use of drugs and prostitution, Costa Rica had been implementing programmes with a more integrated view for the past few years, and a programme was being carried out now with a State body responsible for drug addiction, and another on building students’ self-esteem and awareness. Training was primarily designed to try to develop the capacity to co-exist without drugs in dangerous areas of the cities where people were more vulnerable to this scourge, and continual work was done with the participation of the Ministry of Social Security. The National Development Plan had extended coverage to street-children who were taking drugs, and there would be a special centre for minors in the future in this regard.

With regards to asylum seekers and their right to work, this was a key issue, Ms. Ubeda said. Migrants had the right to work, as did refugees and those who had obtained asylum. Asylum seekers could work if they were recognised as refugees, and for this reason when there were a lot of asylum seekers, enjoyment of this right had sometimes been delayed. There was a programme to speed up the process of recognition in order to solve this issue. The report incorporated some issues which were important, including the offence of trafficking in persons, Ms. Ubeda said. This was a matter on which progress was being made internationally, in particular with regards to the setting up of various monitoring bodies. Last year, an international network was identified which operated within Costa Rica, and there was currently a trial of these individuals that were involved in trafficking. Costa Rica was implementing the criminalisation of this offence. There were some aspects of the law that were being amended which related to some points which were reflected in the Covenant, such as bringing provisions into line with the budget. The law was also being amended with regards to refugee status, and ensured that they were exempt from payment for the paperwork and procedures involved, and the cancellation of refugee status for family reasons was eliminated.

On the topic of the effects of the Central America Free Trade Agreement, Ms. Ubeda said Costa Rica was not the first country to sign the agreement, it was the last, almost at the last minute, in January 2005, just before the deadline. This was due to the Costa Rican system which required discussion. There had been a referendum in October 2007 to decide whether the agreement would be approved by the legislation. This led to a democratic process, resulting in the signing of the agreement. The decision was not sped up in any way. It was not a panacea to solve all problems. On whether it would have an impact on the social security system, and whether the country was prepared to accept the increased cost of the agreement, the fact was that as the President had said, Costa Rica had to be very careful about the results of the agreement, and about implementing everything that had to do with social compensation, but as a starting point and general view, there was no need to think that it would have an impact on the social security system. Costa Rica had an open economy, which had been growing, with more investment and increased expectations since the 1990s, and Costa Rica was convinced that its economic growth was well integrated, and should help with social development. However, Costa Rica was aware that it had to be careful, and would continue to evaluate the impact of the agreement.

There was a high rate of teenage mothers, 20 per cent of births, with 9 per cent to mothers who were 18 years old, Ms. Ubeda said, and this was a concern for the State, mainly due to the conditions under which this occurred, namely a lack of information, poor management of adolescent and child sexuality, absence of fathers, sexual violence, lack of healthcare to adolescents, and lack of assistance to teenage mothers to help them build their lives. Ninety-five per cent of teenage pregnancies were provided social security and had national healthcare. The State, according to the Constitution, had to provide special protection to the mother and child. The State had to give preferential consideration to minors and mothers who were minors, and there were special programmes targeting these, providing sexual health care. The State was working to guarantee comprehensive protection of teenage mothers, and to provide birth, post-partum and newborn healthcare. There was a programme, involving many of the Ministries, aiming to provide constant attention to teenage girls and teenage mothers in order to provide full support for this part of the population, including reintegration of teenage mothers into schools. The issue of sexual reproductive health was a main priority of the Social Security Programme, in particular teenage reproductive health.

On the law on protecting minors, longer sentences were given when the victims were more vulnerable or incapable of helping themselves, or had been intimidated, or a relationship of trust had been broken. Costa Rica was making efforts to improve the protection of minors, Ms. Ubeda said, including their commercial sexual exploitation. There were multi-dimensional challenges in this regard, with sustained and integrated efforts required to change the conditions leading to the commercial sexual exploitation of girls and boys. There were preventative campaigns at the national, regional and local levels, and preventative work in areas where this phenomenon was known to occur. There were also programmes to aid victims. On marital rape, the crime of rape was dealt with the same way whether it took place within or without marriage - the sentence was the same, and it was treated in the same way. However, it was much more difficult to prove marital rape. Parental authority included the right to moderately correct the child - moderation was the key to discipline in this regard. There was no concrete specific norm however that banned corporal punishment, and a moderate use was sanctioned. However, society was changing in order to reject corporal punishment. Corporal punishment by teachers was banned, and there was increased monitoring and control of this phenomenon. The use of corporal punishment was vanishing. There was a Bill before the Parliament to eliminate this phenomenon, but it was still being discussed.

Work was being done to reduce the housing deficit, Ms. Ubeda said, with increased construction. Currently there were significant efforts underway to improve settlements which provided subsidies for repairs of housing for those in abject poverty or poverty, construction of one’s own housing, mortgage assistance, and project assistance to those owning property. There had been a series of measures taken by the State for the provision of housing to poor people and to those with disabilities as well as indigenous peoples. Costa Rica recognised that the State had to promote construction of housing, in particular for the most vulnerable groups, however, it could provide alternatives in the form of a voucher or a subsidy in this regard. In the case of forced evictions, which generally occurred due to cases of squatting on land that was scheduled for construction, temporary solutions had to be provided for the evicted persons. An Inter-Ministerial Commission had been set up for resettlement which was supposed to determine the legal situation of those who were seeking to have their rights established. There was national concern about this phenomenon, and thus a national body to deal with it. Another subject of major national concern was road infrastructure. The Costa Rican State was implementing a project on reconstruction of bridges and roads, and this had the highest priority, and it had been increasing taxes with the aim of directing funds to reconstruction of this infrastructure.

On the conservation of indigenous reserves, Ms. Ubeda said these were designed to protect. On the right to water, 75 per cent of the population by 2003 did not, apparently, have access to water, and there was now a programme for modernisation of the water-supply system, which was being implemented in an integrated manner in order to ensure that populations had access to water and sewage systems. The problem was mainly the treatment of waste water, and this was where Costa Rica was trying to focus its public policies. The law criminalizing domestic violence had entered into force last year. Much work had been done with regards to maintaining the balance of environmental conservation. There were special bio-diversity areas, and Costa Rica was examining the production of clean energy, the sale of carbon benefits, and others, whilst bearing in mind the high tourism levels. Communities which hosted the largest numbers of tourists were given help in order to preserve the environment, despite the presence of tourists. There was also a whole set of national programmes, which had been constantly expanded.

In a follow-up remark, an Expert reminded the delegation that the State party was responsible for the implementation of the Covenant, and any discrepancy in norms was the responsibility of the State party, and whether the violations were committed by public or private individuals was irrelevant. Responding, the delegation said that when a right was violated, the State was responsible for ensuring that this situation was remedied. Costa Rica was aware of this, and included it in its daily activities.

Concluding Remarks

Gioconda Ubeda, Special Missions Ambassador at the Ministry of External and Cultural Affairs of Costa Rica, in concluding remarks, said it had been an interesting experience for the delegation. Attending to the comments and questions of the Experts had been far more helpful than writing the report itself. It had been an intensive and enriching experience. The report was a medium-term vision. Costa Rica had endeavoured to take on board the observations made on the various rights and activities covered by the Covenant, and had found the dialogue very helpful in this regard.

The national coordinator, over the last three years, in drafting this report, had found that it put the country on the right path, and the next report would help Costa Rica to get much closer to the goal the Committee had set for it in terms of drafting, and in reflecting needs and experience. The Experts were thanked for their questions, which would be a mirror to help the country confront itself. The condensed report set a higher standard to reach for the next report. The dialogue had very much helped to establish what the situation was in Costa Rica. All inhabitants enjoyed economic, social and cultural rights, however, work remained to be done, such as with regards to education.

It was comforting that the Committee had taken such an interest in the situation. Costa Rica was increasingly implementing programmes which showed that Costa Rica was clearly aware of its need to work further with its population, in particular the indigenous, and to work further on the issues of gender equality and the enjoyment of rights among the Afro-Caribbeans. The next report should show improvement in these areas. The Central America Free Trade Agreement had led to a great deal of national debate, and the Government was prepared to continue tackling unavoidable challenges and to make adaptations and adjustments in those areas that would be impacted by the agreement, whilst continuing to promote social human development. The Government and people were committed to these goals.


For use of information media; not an official record

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