COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES PUBLIC EXAMINATION OF REPORT OF COSTA RICA

CERD
60th session
18 March 2002
Morning






The Committee on the Elimination of Racial Discrimination this morning concluded its public examination of a sixteenth periodic report from Costa Rica by hearing a Government delegation say that the International Convention on the Elimination of All Forms of Racial Discrimination has a rank higher than domestic law.

Responding to questions raised by Committee Experts in the previous meeting, a 5-member Costa Rican delegation, led by Nora Ruiz de Angulo, Ambassador and Permanent Representative of Costa Rica to the United Nations Office at Geneva, said that international conventions and public treaties entered into by the country were over and above domestic law. She said that in addition to article 48 of the Constitution that affirmed that position, laws had been put in place binding the authorities to the fact that international conventions pertaining to human rights protection had equal validity with the Constitution.

Ms. de Angulo said that although it could not yet be asserted that the country had a health policy programme in place for the indigenous communities, the authorities were acutely aware of the specific needs of that population. An agreement had been signed in March 1999 by the authorities of the Costa Rican Social Security Fund and the Buenos Aires regional indigenous organization; and the agreement provided, among other things, for the involvement of traditional doctors in the treatment of diseases, she added.

Luis Valencia Rodriguez, the Committee Expert who acted as country rapporteur to the report of Costa Rica, said that the report was detailed and well compiled; it was prepared in consultation with non-governmental organizations and in accordance with the Committee's guidelines; and the delegation had responded frankly to all the questions raised by the Committee members.

He noted that international conventions, including the Convention, had a rank higher than domestic law; and that the State had put in place rules and standards making article 4 of the Convention operational. Mr. Valencia Rodriguez further said that indigenous people were still marginalized in many aspects and he stressed that the Government should make further efforts to improve their situation.

The Committee will release its concluding observations and recommendations on the report of Costa Rica before ending its three-week session on Friday, 22 March.

Costa Rica is among the 161 States parties to the International Convention on the Elimination of All Forms of Racial Discrimination and as such it must provide periodic reports to the Committee on its performance aimed at implementing the provisions of the treaty.

When the Committee reconvenes at 3 p.m., it will take up the initial report of Liechtenstein.


Response of Costa Rica

Responding to questions raised by Committee Experts on Friday afternoon, the members of the Costa Rican delegation said that international conventions and public treaties entered into by Costa Rica and adopted by the legislative assembly were over and above domestic law. In addition to article 48 of the Constitution that affirmed that position, laws had been put in place binding the authorities to the fact that international conventions pertaining to human rights protection had equal validity with the Constitution.

Asked about the application of the law against discrimination in education and indigenous languages, the delegation said that the law was against any sort of discrimination in matters of education. The Government had introduced a new educational text incorporating a new provision of non-discrimination in the educational programme that would enter into force in 2003. In addition, an official decree had been enacted as a National Control of Propaganda, which protected minority ethnic groups from propaganda of hate or incitement to racial discrimination. The decree prohibited any radio broadcasting or television transmission or any commercial product depicting bias against women, particularly black women.

With respect to the law amending article 76 of the Constitution on the promotion of indigenous languages, the delegation said that the Government was making all efforts to implement the law. New programmes had been drafted between the Ministry of Education and the national university in training indigenous teachers with the view to implementing the language criteria of indigenous education.

Asked about the status of International Labour Organization (ILO) Convention No. 169 on Indigenous Peoples and Tribal Groups in Independent Countries and the implementation of the law on autonomous development of indigenous peoples, the delegation said the incorporation of the Convention had been preceded by an important discussion involving several groups of indigenous peoples. The ILO Convention had been incorporated into domestic law with the same rank as the country's Constitution. In addition, the law on autonomous development of indigenous peoples aimed at respecting the culture and traditional structure of the indigenous peoples.

Concerning access to the judiciary by minorities and other ethnic groups, the delegation underlined that the judicial system of Costa Rica was one of the most efficient and credible systems among the Latin American countries. In matters of constitutional jurisdiction, which were based on the law of 1989, any person had the right to recourse to amparo and habeas corpus at any time to make known his or her rights. The Constitutional Chamber resolved 10,000 cases every year.

The National Agenda for Children and Young People had also been dealing with children of ethnic groups, the delegation said. The Agenda would be valid for the coming 10 years and the policy to protect that segment of the population would be implemented in all sectors of the society.

As part of follow-up measures to the Durban World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, the delegation said that the country's Ombudsman had presented a report to the legislative assembly on the achievements of the Conference. In addition, the Minister of External Relations and Religion had participated in a number activities designed to implement the Declaration and Programme of Action of the Conference. On its part, the Institute of Inter-American Human Rights had organized seminars that brought together universities, the United Nations Educational, Scientific and Cultural Organization (UNESCO), the Canadian Embassy and non-governmental organizations.

Responding a question on access to health services by indigenous peoples, the delegation said that although it could not yet be asserted that the country had a health policy programme in place for the indigenous communities, the authorities were acutely aware of the specific needs of that population. An agreement had been signed in March 1999 by the authorities of the Costa Rican Social Security Fund and the Buenos Aires regional indigenous organization. The agreement provided, among other things, for the involvement of traditional doctors in the treatment of diseases. The delegation said that an Executive Decree had established the use of forests in the indigenous territories as the mineral resources there were of public interest. Indigenous people had the right to be consulted through their organizations if oil exploitation was to take place in their areas.

The society of Costa Rica was not structured in a manner that led to segregation and marginal habitation which discriminated against ethnic groups, the delegation said. There was not a single living quarter structured in contravention to the housing rules and regulations. The distribution of land for housing purposes was based on equality among citizens, however, the economic capacity of some people, without distinction to race, might be a factor in finding wealthy people living in some areas. That situation did not in any way reflect a racial bias.

The crime of racial discrimination could lead to a penalty of imprisonment of 10 to 15 years, the delegation said. However, a maximum of 50 years imprisonment could be handed down against aggravated circumstances of racial discrimination. Perpetrators of human rights violations, such as genocide, could receive 20 years imprisonment.

Costa Rica lacked rules to govern the use of the Internet and, in particular the crimes committed using that form of communication, the delegation said. However, in July 2000, the first training course had begun as a pilot project with computer teachers.

Cost Rican nationals and migrant workers enjoyed the same conditions of work, the delegation said; however, priority for jobs was given to nationals. That situation was reflected under article 68 of the Constitution.

LUIS VALENCIA RODRIGUEZ, the Committee Expert who acted as country rapporteur to the report of Costa Rica, said that the report was detailed and well compiled. It was prepared in consultation with non-governmental organizations and in accordance with the Committee's guidelines. The delegation had responded frankly to all the questions raised by the Committee members. He expressed thanks for the invitation of the delegation extended to all members of the Committee and all other rapporteurs involved in human rights issues.

He noted that international treaties, including the Convention, had a rank higher than domestic law. He also noted that the State had put in place rules and standards making article 4 of the Convention operational.

Mr. Valencia Rodriguez further said that indigenous people were still marginalized in many aspects and he stressed that the Government should make further efforts to improve their situation. The situation of undocumented Nicaraguans and the living conditions of migrant workers in general needed further attention. He noted that the Government was studying the situation of indigenous land rights, with the aim of promoting the retrieval of lands by indigenous peoples. He recommended that further studies should be carried out on domestic services, labour issues involving migrants and on illiteracy, among other things.




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