HUMAN RIGHTS COMMITTEE CONCLUDES CONSIDERATION OF COSTA RICA'S PERIODIC REPORT

HR/CT/536
5 April 1999
1746th Meeting (PM)


Questions Focus on Issues of Child
Prostitution, Religious Freedom, Right to Organize Unions


As the Human Rights Committee concluded its consideration of Costa Rica's fourth periodic report on its compliance with the International Covenant on Civil and Political Rights this afternoon, Martin Scheinin, expert from Finland, said that more data on child prostitution in Costa Rica was needed, so that members of the Committee could properly assess the issue.

The answers provided to the issue of child prostitution today by the Costa Rican delegation were an indication of true commitment by that country to address the problem, he continued. Nevertheless, the National Institute for Children had indicated that there were some 3,000 child prostitutes in San Jose alone and United Nations reports had put that figure at around 2,000. What measures were being taken against foreigners who came to the country to have sexual experiences with children? he asked. Efforts to address that situation were now critical.

Fausto Pocar, expert from Italy, said that he understood that Costa Rican children were the subjects of a high adoption rate, both nationally and internationally, therefore making it possible for them to be subject to abuses. What had been done to prevent abuses in international cases? he asked. Had the Government legislated that the time for the registration of babies after birth be monitored to avoid the abuse of those children?

Also this afternoon, a number of experts focused on the issue of religious discrimination and said that it was difficult to conceive of a situation in which there was a State religion -- Roman Catholic -- and yet no discrimination against other religions.

Cecilia Medina Quiroga, expert from Chile and Chairman of the Committee, pointed out that there were privileges accorded Catholic marriages in comparison with non-Catholic marriages and, in education, where teachers were required to be trained by the Catholic Church. In light of such fact, she said the delegation had not provided adequate responses to questions on religious discrimination.

In response, the Minister for Justice of Costa Rica, Monica Nagel, said that while the Constitution said the State religion was the Roman Catholic faith, certain things could only be understood by living in Costa Rica and understanding the characteristics of the country. The day-to-day reality of the country was that there was no discrimination whatsoever.

On the issue of the right to organize unions, Rajsoomer Lallah, expert from Mauritius, said in the chemical producing areas, especially in the banana industry, certain companies had refused to become unionized. What was the justification for that refusal and what was being done to remedy that injustice? he asked.

Elizabeth Evatt, expert from Australia, said the exercise of the right to associate were often met with reprisals and dismissals. Apparently, there were no effective remedies in place to protect the rights of those workers. What was being done to eliminate the injustice caused by the denial of the right to freedom of association? she asked.

The Permanent Representative of Costa Rica to the United Nations, Bernd Niehaus, also responded to questions from the Committee.

The Committee will meet again on Wednesday, 7 April, at 10 a.m. to begin its consideration of the initial report of Cambodia.

The Human Rights Committee met this afternoon to continue consideration of the fourth periodic report submitted by Costa Rica (document CCPR/C/103/Add.6) in compliance with article 40 of the International Covenant on Civil and Political Rights. (For background details, see Press Release HR/CT/537, dated 5 April.)

Response to Questions

MONICA NAGEL, Minister of Justice of Costa Rica, began the afternoon session by replying to questions raised this morning by experts.

Replying to the question on Costa Rica's Guardia Civil, she said there was no army in the country. The Guardia Civil was for the urban area and Guardia Rural for the rural areas. It was regulated by all the national legislation pertaining to that field and monitored by the court and the ombudsman. Over the years Costa Rica had tried to make the corp as
professional as possible. Its mandate was to prevent and punish crime and maintain public order.

Addressing the issue raised on refugees, she said there were 600,000 from Nicaragua. That group was entirely integrated into her country's working population and enjoyed all the benefits that were given to Costa Ricans, including health and education. Last year, a process of migratory amnesty had been established, to establish how many Nicaraguans
were in the country, so as to issue work permits and get social security contributions. As a result, all arrivals before November 1998 fell under the amnesty and would receive immigration papers and a labour permit. Such a large migrant population, however, had created problems for the Government. For example, the immigrants brought diseases that Costa Rica had eradicated long ago.

Concerning the question on what were the most common complaints received by the ombudsman, she said that in 1998 the majority of complaints were against the administration. Almost 12,000 cases were presented. Sixty-nine per cent of those had been successfully attended to, while 8.9 per cent were unattended and the rest were pending.

About the percentage of women in the educational sector, she noted that there were about 49 per cent currently involved in that sector. With regard to the question on training of the police, she said that the civil and rural police, and the penitentiary police, were continuously trained on human rights issues. The penitentiary police were especially aware of those rights, since they were trained, not only in that area, but also vocationally. The Police School, recently established, also provided humanitarian awareness training programmes.

Concerning a question asked on the extradition of the Venezuelan bank robbers, she said that the court had censured the Ministers concerned. That was the first time the action of censure had been taken in Costa Rica. She added that it was up to the judge to grant bail at his discretion.

BERNHARD NIEHAUS (Costa Rica) said that International treaties always had priority over domestic law. There had been, however, some omissions with regard to the courts enforcing international law. The country was now seeking to redress such situations.

Ms. NAGEL, answering a question on the rights of foreigners, said those people could appeal to the ombudsman. Anyone on Costa Rican soil was entitled to equality under the law and had recourse to all relevant institutions and mechanisms. Costa Ricans and foreigners had the same rights -- that was enshrined in the Constitution. Addressing a question on the Criminal Code, she said that the Code had not been enforced very long
and she would not venture to assess its implementation. The Code had made it possible for cases to go to indictment and sentencing at a faster rate. Alternative measures were also applied more frequently and that helped to reduce the penitentiary population.

She then addressed a question on the process that took place between the indictment and trial of persons and the length of time a person could remain in custody. She noted that there was no set time period for the detention of persons between arrest and sentencing. Preventive detention, on the other hand, was for a period of 48 hours. If the perpetrator was
kept for a longer period, the situation had to be analyzed to determine its cause. She added that most persons were kept in custody for less than one year before being sentenced.

On torture, she said that it was a crime in her country. She had never heard of a single case of torture in Costa Rica. If, however, there was such a case, it would be punished. In response to a question on the right to life, she said it was only permissible to kill someone in cases of self-defence. The police could also use self-defence.

On the issue of detainees, she said they could be held for up to six hours by the police before being placed in the hands of the relevant authorities. A person in confinement also had the right to a lawyer. If that person did not have the necessary funds, a pro bono defender was appointed by the court.

In response to a question on women's participation in the labour force, she said there was no discrimination against women in the work force. Addressing the issue raised on indemnity to victims, she said the State must give joint indemnity if a person was exonerated. If innocence was proven, the State had to provide compensation. Regarding appeals, she said there were all types of appeal systems in the country. Any sentence could be appealed.

Commenting on the effectiveness of the Constitutional Chamber, she said it was one of the most effective bodies in the country. The Constitutional Chamber and ombudsman enjoyed the trust of the population. As for the question on privatization, she said she had never spoken about private jails. The new penal infrastructures were financed through the national budget. Also, there were no debtors prisons. With the exception of alimony, no one went to jail for debt. In cases of non-payment of alimony, men could get a maximum of six months in prison.

In response to a question on equal pay for men and women, she said the issue was a cultural one, since legally there was provision for equal pay without gender distinctions. She emphasized that there was, however, currently no equality in pay for men and women.

In response to another question on the distribution of assets within marriage, she stated that a marriage contract could be entered into and everything acquired afterwards would be legally recorded. In the case of divorce, there would be an even distribution of those assets. On the issue of maternal mortality, she noted that Costa Rica had one of the highest rates of maternal and child health in Latin America.

With regard to the question on where women could appeal in instances of domestic violence, she informed the Committee that there were numerous organs and bodies available to provide protection and recourse against that crime. The abusive spouse could be prevented from making any contact with his family. The most common measure was imprisonment, she added.

On the question of delinquent minors, she said Costa Rica's juvenile legislation was considered exemplary in Latin America. Minors were given all rights within the law and that provision was consistent with the Convention on the Rights of the Child. Sentences included community service and obligation to a certain type of school, among others.

She noted that in Costa Rica there was no discrimination based on nationality. She emphasized that the immigration law had stated that 90 per cent of employees should be Costa Rican. However, a law was recently amended in the Constitution to correct that discrepancy. Although cultural and social forms of discrimination existed, none existed
within the ambit of the labour law, she added.

Addressing the question raised on promoting the genuine equality of women, she said there were a number of institutions at all levels. They were accessible and enabled women to restore their rights if they were violated.

Questions from Experts

ECKART KLEIN, expert from Germany, asked if there was a minimum level of subsistence. Also, he was astonished that the police could use and fire their weapons only in self-defence and the defence of others. He did not know of a country with such restrictive weapon rules for its agents.

LORD COLVILLE, expert from the United Kingdom, asked about the judicial machinery to deal with confessions.

CHRISTINE CHANET, expert from France, said she was curious to find out if there was any law in Costa Rica to deal with a state of emergency.

HIPOLITO SOLARI YRIGOYEN, expert from Argentina, raised a number of questions on persons who were missing, including one on a person who had died in custody.

Response to questions

Ms. NAGEL said that she, too, was surprised at times at how strict her country was in enforcing the right to life provisions of the Covenant. Recently, a policeman, in pursuit of a bank robber, had fired at the robber. The policemen was sent to jail. According to the legislation, a policeman could only fire a gun if a person was fleeing from a jail and
even then it had to be proven that there was no other recourse. Great restrictions had been put on the country's agents and it had caused problems in the fight against criminality.

Regarding the issue of the minimum salary, she said that was established by workers, the Government and employers. It was meant to cover housing, food and minimum expenses.

Responding to a question on judicial mechanisms that were applied in a confession made under duress, she said Costa Rica had no such mechanisms. It preferred voluntary confessions. Sometimes there were negotiated confessions. If a confession was obtained under duress, it was illegal and could not be used. If the person was tortured and a public official was responsible, that official was forced to resign and prosecuted.

On the question on racial discrimination in relation to persons of African ancestry, she said that during the last 40 years, there had been an aggressive programme in bilingual education in all the country's schools with special emphasis on the province of Limon, where most persons of African ancestry were found. There had been isolated claims of discrimination against Costa Ricans of African origin. For example, in 1993 there was a teacher who claimed that he was discriminated against under the process of amparo, but, although the appeal was thrown out, that was proof that there were provisions in the law to deal with that right.

Continuing, she said that the Government of Costa Rica had shown interest in racial integration in the adoption of its legislation. For example, the enactment of a law, in 1994, establishing 12 October as a day for all cultures had the sincere intention of integrating ethnic cultures in the country. In 1997, a law regulating integration in education had been
established. It was also important to note that two of the 50 members of Parliament were of African-Costa Rican origin. She noted that since the creation of the office of the ombudsman, no racial discrimination complaints had been made.

With regard to the situation of indigenous peoples in Costa Rica, she stated that the legislative history of the bill allowing for the integration of indigenous peoples was important. As recently as 1997, a national forum on indigenous cultures had been held, with 39 persons elected by indigenous peoples involved in the discussion prior to the
passing of the bill in Parliament. Further, there were now three specific programmes aimed at improving the situation of indigenous peoples in Costa Rica: the health programme; the creation of the indigenous department and training of teachers in the education sector; and the efforts of the Public Defender to train local leaders, especially women, to independently demand fulfilment of the State's obligations.

She added that the main objectives of the National Commission for Native Affairs was to study, defend and disseminate information on the rights of indigenous peoples. It would also defend their rights to land and punish those who sought to abuse their rights. She also said that since the President had taken office 11 months ago, a consultation committee had met with groups of indigenous peoples.

In response to the final question on dissemination of the information on the submission of the report, she stated that each recommendation of the Committee was submitted to the appropriate body by the Government. The Public Defender's Office also received a full report, since it concerned itself with human rights issues in their entirety.

Questions from Experts

MAXWELL YALDEN, expert from Canada, said it was difficult to conceive that there was a state religion and that there was no discrimination against other religions. He wanted information about the financing of non- Catholic schools. He also wanted to know about discrimination in the private sector, in such areas as accommodation and services. There seemed to be a lack of material substantiating the progress made in the
implementation of a variety of measures. Citing the case of the indigenous people, he wanted clarification on the number of them in post-high school educational institutions and in the public and private sector.

MARTIN SCHEININ, expert from Finland, referred to child prostitution and said the answers provided to that question today were an indication of true commitment by Costa Rica to address the problem. However, there was a need for more data, so that members of the Committee could properly assess the information that was currently before them. The National Institute for Children had indicated that there were some 3,000 child prostitutes in San Jose alone. United Nations reports had put that figure at around 2,000. What measures were being taken against foreigners who came to the country to have sexual experiences with children? he asked. Efforts to address that situation were now critical.

He said the report seemed to interpret freedom of expression as freedom of speech, and seemed to focus on the media in that particular context. Freedom of expression was also a cornerstone of democracy and allowed people to express their opinions, even if they were shocking.

NISUKE ANDO, expert from Japan, asked if there was a right to collective bargaining by public servants. He noted that the privatization of former government enterprises was taking place and wanted to know the effect on former government employees. He said that working in the banana zone was hard and dangerous, due to the use of chemicals. Were there any special measures to protect workers against those dangers? Child labour still existed and he understood that youngsters of the poorer families were
dropping out of school. Was there any xenophobia against Nicaraguans and was the influx of those immigrants affecting the immigration process? he asked.

ABDELFATTAH AMOR, expert from Tunisia, said he was perplexed on the question of religious freedom, as the provisions for that right in Costa Rican legislation was too vague. He said that freedom of religion could not be limited under the Covenant and the Costa Rican legislation seemed to impinge on that freedom. He wondered if there was any legal definition in the country for the word "sect". Such a reference to a group of religious
believers could allow for the preclusion of the right to freedom of religion.

RAJ SOOMER LALLAH, expert from Mauritius, asked whether in the export processing zone sector there was really only one inspector for every 30,000 workers. He noted that there were currently 90,000 persons employed in that sector. Were home workers covered by the labour law? he asked. The Government should promulgate laws against employers who prevented their employees from organizing freely.

In the chemical producing areas, especially in the banana industry, women workers often produced defective babies and became sterile, he continued. Certain companies refused to become unionized. What was the justification for that refusal and what was being done to remedy that injustice? he asked.

ELIZABETH EVATT, expert from Australia, reminded the delegation of the concerns raised by the Committee in 1994 on the rights of workers in the production industry. The exercise of rights to associate were often met with reprisals and dismissals. Apparently, there were no effective remedies in place to protect the rights of those workers. Was that because of poverty -those people could not afford legal services -- lack of sufficient inspectors or delinquency on the part of authorities? What was being done to eliminate the injustice caused by the denial of the right to freedom of association? she reiterated.

FAUSTO POCAR, expert from Italy, said that he understood that Costa Rican children were the subjects of a high adoption rate, both national and international, therefore making it possible for them to be subject to abuses. What had been done to prevent abuses in international cases? he asked. Had the Government legislated that the registration of babies after birth be monitored to avoid the abuse of those children?

Costa Rican Response

Ms. NAGEL said that many of today's questions required specific information, which was not immediately available. The document that contained answers to each of the 23 questions posed by the experts prior to today's meeting was now with the Secretariat and would be available either today or tomorrow.

Replying to the question on religious discrimination, she said that while the constitution said the State religion was the Roman Catholic faith, certain things could only be understood by living in Costa Rica and understanding the characteristics of the country. The day-to-day reality of the country was that there was no discrimination whatsoever.

Responding to a question on discrimination and racism, she said there were specific examples of people who had felt discriminated against because of their colour and had resorted to the courts. The courts were at the service of any citizen who felt that they had experienced discrimination by virtue of their race or gender.

While there was absolute freedom of media, she said, responding to a question on that issue, there was also the possibility of using the courts in cases of defamation or libel.

Turning to a question on child labour, she said that in principle, minors should not work. Education was free. However, the socio-economic reality of the country forced many young people in some families to work. There were, however, many restrictions on hiring minors. Minors could also get married, but they had to have the consent of parents and that of the National Association of Children.

Responding to question posed on xenophobia, she said that was not a word she liked very much. Of course, there had been conflicts in Costa Rica over the wave of immigration from Nicaragua. When a country with 3.5 million people suddenly experiences nearly one million immigrants, difficulties would be encountered. It was a tough situation. Costa Rica was not very well developed in terms of its infrastructure, despite its high level of human development. However, while there was conflict and lack of adaptation, there was no xenophobia. There were now public policies to address the situation. Costa Rica could no longer afford to lose Nicaraguan labour.

She added that in Costa Rica there were legal holidays given to persons independently from their religion. Everyone observed national holidays.

In response to a question on the protection of minors, she stated that, if possible, the Government preferred that Costa Rican children be adopted by that country's citizens. She added that it could take more than one year for an adoption to be approved, by which time the child might not be able to leave the country. As another preventive measure against abuse, there was a policy in place that followed Costa Rican children for six
years after they had been adopted and taken abroad.

CECILIA MEDINA QUIROGA, expert from Chile and Chairman of the Human Rights Committee, noted that it would have been useful if Costa Rica's report had contained clear and precise information, so that progress made in compliance with the Covenant could be better assessed. She added that legislation regarding a state of emergency should be put in place in Costa Rica. Further, there was still a lot to be done on the rights of women.

A problem of definitions had arisen in relation to the freedom of religion, she continued. There were some discriminations contained in the constitutional legislation, in particular in the area of the privileges accorded Catholic marriages in comparison with non-Catholic marriages, as well as in education, where teachers were required to be trained by the Catholic church. The delegation had not provided adequate responses to questions on such iscrimination, she said.