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COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION CONCLUDES
REVIEW OF COSTA RICA'S REPORT

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12 March 1999

MORNING

HR/CERD/99/20
12 March 1999


The Committee on the Elimination of Racial Discrimination this morning concluded its consideration of a report submitted by the Government of Costa Rica on the efforts of that country to implement the provisions of the International Convention on the Elimination of All Forms of Racial Discrimination.

The Committee's formal, written concluding observations and recommendations will be issued towards the end of its three-week session, which concludes on 19 March. A Government delegation attended the meeting to present the report and answer questions.

In the course of the discussion of the report of Costa Rica, the Government delegation said that traditionally there had been a popular belief among the Costa Rican population in the "ethnic difference" between Costa Ricans and other Central Americans. That had given rise in the country's history to acts of discrimination against citizens from other nations of Central America, said that delegation.

Mario Jorge Yutzis, the Committee expert who served as country rapporteur to the report of Costa Rica, said that it was difficult to tell how long it would take to implement the programme of the autonomous development of the indigenous peoples if the budgetary constraints continued to impede its progress.

The following Committee experts also took the floor: Ivan Garvalov, Michael E. Sherifis, and Mahmoud Aboul-Nasr.

As one of the 153 States parties to the Convention, Cost Rica is obligated to provide periodic reports to the 18-member Committee on its national efforts to implement the treaty.

When the Committee reconvenes at 3 p.m., it will consider the situation in Australia under its early warning and urgent action procedures.

Discussion on Report of Costa Rica

In response to questions raised by Committee experts yesterday and this morning, the delegation of Costa Rica said that any individual involved in a movement, whether national or international, which was based on racial bias could be punished by 10 to 15 years of imprisonment. Costa Rica had on numerous occasions condemned all forms of racism and racial discrimination, whether institutional or derived from official doctrines, as constituting crimes against humanity.

Concerning land ownership, the delegation said that it was one of the problems facing indigenous people. The process of acquisition of land by indigenous people was stopped because of budgetary constraints. In some parts of the indigenous territory, not all the land was owned by indigenous people; non-indigenous Costa Ricans also owned land there.

There was a persisting problem of access to health care, particularly among the indigenous people, said the delegation. The Government was planning to intensify efforts to make health care facilities available to all persons wherever they lived. With regard to the health situation in the indigenous regions, the Government was encouraging the use of modern medicine along with traditional remedies.

Immigrants were obliged to participate in insurance schemes to have access to medical care, the delegation said. Children of immigrants had the right to education, health care, and other basic necessities like any Costa Rican child. In general, migrants residing in the country enjoyed their fundamental freedoms and human rights. Through the regional forum for migrants, they were informed about their rights and obligations during their stay in the country. The delegation said that some illegal Nicaraguan immigrants had been deported in the past.

The delegation said that a large majority of persons who had sought refuge in Costa Rica in the last two decades did so for economic reasons. Almost all of those persons were nationals of other Central American republics, especially Nicaragua and El Salvador. The refugee problem was compounded by the problem of racism. Traditionally, there had been a popular belief among the Costa Rican population in the "ethnic difference" between Costa Ricans and other Central Americans. That had given rise in the country's history to acts of discrimination against citizens from other nations of Central America.

With regard to the incursion in the Talamanca indigenous territory, the delegation said that a State security group had unlawfully engaged in acts of vandalism and killed several indigenous persons there. The persons involved in that sad incident were later arrested and brought to justice. They were sentenced to between three and 42 years of imprisonment.

Committee Chairman Mahmoud Aboul-Nasr said that Costa Rica was the first country that had accepted the idea of establishing the post of High Commissioner for Human Rights which had now became a reality. In addition, Costa Rica had a good record of human rights advocacy in the United Nations and other international fora. The expert stressed the need to apologize for injustices committed against indigenous peoples and Afro-Americans and to provide compensation for rights and territories lost by them. He suggested that the Organization of American States undertake an initiative so that these apologies are finally expressed.

MARIO JORGE YUTZIS, the Committee expert who served as country rapporteur to the report of Costa Rica, hoped that the next report of Cost Rica would be submitted in due time with answers to the specific questions of the Committee experts. He said it was difficult to tell how long it would take to implement the programme of the autonomous development of the indigenous peoples if budgetary constraints continued to impede its progress. On the subject of the Constitutional Court, it had been said that a person presenting his complaint was required to bring witnesses and proof to justify his case, which many people could not do because of economic constraints. The opening of a Costa Rican consulate in Cuba was part of the measures aimed at solving the problem regarding the process of immigration, he added.
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