CMNT_TITLE

Forced Labour Convention, 1930 (No. 29) - Costa Rica (RATIFICATION: 1960)
Protocol of 2014 to the Forced Labour Convention, 1930 - Costa Rica (RATIFICATION: 2020)

The Committee notes the observations of the National Association of Criminal Investigators (ANIC) relating to the work schedules of officials of the Judicial Investigation Body (OIJ) and the Government’s detailed replies in that respect, received in January and November 2020 respectively. In addition, it notes the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 31 August 2021 and the Government’s reply in that respect, received on 26 January 2022.

Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. Institutional framework. Previously, the Committee requested the Government to report on progress in the adoption and implementation of a national prevention policy and a national strategic plan against trafficking in persons. In this respect, it notes that the Government’s report indicates that the National Coalition to Combat the Unlawful Smuggling of Migrants and Human Trafficking (CONATT), established through Act No. 9095 of 2012 against trafficking in persons, has been strengthened. CONATT works in five standing technical committees (victim protection and assistance; prevention; access to justice; information, analysis and investigation; and project management) which direct and promote the national policy and strategic plan against trafficking in persons. A communication strategy for the prevention of trafficking in persons is also being implemented in the country’s seven provinces, particularly in the most vulnerable sectors, such as agriculture, trade and tourism. The Government adds that CONATT will continue to raise awareness among all segments of the population and encourage the participation of civil society to minimize the risks of trafficking and promote reporting of the crime.

Furthermore, the Committee notes that, in its observations, the CTRN indicates that the resources of the National Fund against Trafficking in Persons and Smuggling of Migrants (FONATT), established by Act No. 9095 of 2012, are not fully exploited owing to the bureaucratic and operational challenges of FONATT. This results in the resources not being utilized and going to surplus, restricting their use to the purchase of goods rather than investing them in training activities or assistance for victims. The Committee notes that, pursuant to section 61 of the Regulations to Act No. 9095 of 2012, any member of CONATT and any other institution, body, organization or entity that has been endorsed by CONATT may submit project proposals to the Standing Technical Committee for FONATT Project Management for funding.

The Committee requests the Government to report on the activities of the five committees under CONATT in the context of the implementation of the national policy and strategic plan against trafficking in persons, indicating the results obtained, the challenges faced and the measures taken in this respect. It also requests the Government to respond to the observations of the CTRN regarding the functioning of the National Fund against Trafficking in Persons and Smuggling of Migrants, indicating the difficulties that have arisen in the selection and approval processes of projects to be financed by the Fund.

Law enforcement. The Committee duly notes the adoption of Act No. 9545 of 2018, which supplements the definition of trafficking in persons contained in section 172 of the Criminal Code by incorporating the element of “resorting to technologies” as a means of facilitating trafficking in persons, and broadens the definition of sexual exploitation, previously limited to acts of prostitution, to “any form of sexual exploitation”. The Committee notes the Government’s indication that two police forces are responsible for investigating the crime of trafficking in persons in the country: the professional immigration police and the Judicial Investigation Body. Through the National Commission for the Improvement of the Administration of Justice (CONAMAJ), 500 officials of the Public Prosecutor’s Office were trained in trafficking in persons. The Committee notes that, from 2018 to September 2021, reports showed that investigations were under way for 19 cases of trafficking in persons for the purposes of labour exploitation. The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacities of the law enforcement bodies relating to trafficking in persons, including the professional immigration police and the Judicial Investigation Body. It also requests the Government to provide information on the number of investigations, criminal proceedings opened and convictions brought under section 172 of the Criminal Code for the crime of trafficking in persons for the purposes of both sexual and labour exploitation.

Protection and assistance to victims. The Committee notes that the Government has several tools for assistance for victims of trafficking in persons, including a strategy for comprehensive care and resource mobilization for support for survivors of trafficking in persons and their dependents: inclusion, reintegration, repatriation, voluntary return and resettlement; and the protocol for comprehensive care for victims of trafficking in persons within the services of the Costa Rican social security fund, and the action protocol for the Immediate Response Team (ERI), which is the body responsible for implementing primary care measures for victims. The Government states that in 2019, 62 persons were covered under the comprehensive action strategy, including 26 dependents of victims of trafficking. The social profile of the victims was characterized by low levels of education, weak support networks, large households with dependent children, and women heads of household who were unemployed or received low pay and had no access to social security. Most of the persons covered came from Costa Rica (46), followed by Nicaraguan nationals. Two persons were repatriated and assisted return was facilitated for one person. The Committee requests the Government to continue making the necessary efforts to provide protection and assistance to victims of trafficking in persons and to report on the results, including within the framework of the strategy for comprehensive care and resource mobilization for support for survivors of trafficking in persons and their dependents. It also requests the Government to continue to provide statistical information on the number of victims who were assisted, reintegrated and/or repatriated.

2. Crime of exaction of forced work or service. The Committee takes due note that, through Act No. 9545 of 2018, section 189 bis of the Criminal Code was added so that the crime of subjecting one or more persons to carry out labour or service by force, deception, coercion or threat is subject to a criminal penalty of imprisonment of six to ten years. The penalty could be increased to 16 years where the victim is in a situation of vulnerability or disability. The Committee requests the Government to provide information on the application in practice of section 189 bis of the Criminal Code, including examples of court decisions issued in this respect. It also requests the Government to provide information on the measures adopted to train the police, Public Prosecutor’s Office and criminal judges in the application of this type of penalty. It further requests the Government to indicate the circumstances in which it is considered that a person is in a vulnerable situation within the scope of the above criminal provision.