Direct Request (CEACR) - adopted 2014, published 104th ILC session (2015)

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 Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) and the International Organisation of Employers (IOE), received on 7 August 2014, as well as the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 3 September 2014. In its observations, the CTRN reiterates the concern it had previously expressed in comments submitted in 2010 regarding the working conditions of bus drivers employed by companies affiliated to the National Transports Chamber, in particular with regard to their excessively long working hours. The Committee notes that, in its report, the Government provides detailed information on measures taken with a view to addressing the issue of excessive overtime and improving the conditions of work of bus drivers. The Committee notes further that, in its observations which were also submitted with the Government’s report, the UCCAEP and the IOE provide additional information on specific measures taken by the Government and private enterprises with a view to addressing the issue. While noting that the matters raised by the CTRN would be better addressed in the context of the Hours of Work (Industry) Convention, 1919 (No. 1), the Committee encourages the Government to continue to take measures to effectively implement the legal framework on conditions of work and overtime, and refers, in this regard, to the comments made under the aforementioned Convention.

Articles 1(1), 2(1) and 25 of the Convention. 1. Legislative measures to address forced labour, including trafficking in persons. The Committee previously noted the adoption of the General Law on Migrants and Aliens, No. 8764 of 2009, which promotes the integration of migrants in the country, ensuring respect for their rights; and the Law on the Protection of Victims, Witnesses and other Individuals involved in Criminal Proceedings, No. 8720 of 2009, which among other things, modified section 172 of the Penal Code, providing for a more detailed definition of the constitutive elements of the crime of trafficking in persons, including its aggravated forms. In this connection, the Committee notes with interest the adoption of the Anti-Trafficking Law, No. 9095, in 2013, which aims to promote public policies to combat trafficking; strengthen the legal framework, as well as sanctions to punish trafficking and related offences; establish a framework for the protection and assistance of victims and their dependents; and promote and facilitate national and international cooperation to address the issue (section 1). The law also provides for the establishment of an inter-institutional National Coalition against Illicit Trafficking of Migrants and Human Trafficking, responsible for the development, implementation and evaluation of anti-trafficking policies, as well as the institutionalization of the “Immediate Response Team” (ERI), responsible for coordinating protection, assistance and rehabilitation measures for victims. Additionally, the law amends section 189bis of the Penal Code (criminalizing servitude), so as to criminalize and sanction with a maximum imprisonment term of eight years the offence of labour exploitation, defined as the act of inducing or subjecting a person to the performance of work or services to the detriment of their fundamental human rights, and to which the said person has consented or not (section 80 of Law No. 9095).

The Committee also notes the Government’s indication that 150 cases of trafficking were brought before the authorities between 2009 and 2012, resulting in the conviction of 24 individuals, out of which six were sentenced to imprisonment sanctions ranging from two to 15 years. The Government’s statistical information further indicates that over 100 victims of trafficking were registered by the ERI between 2010 and 2013, more than half of which were victims of labour exploitation. While taking due note of the above information, the Committee requests the Government to continue to provide information on the application in practice of the Anti-Trafficking Law, No. 9095 of 2013, and other relevant provisions, indicating, in particular, the number of judicial proceedings initiated, the number of convictions and the specific penalties applied, including under amended section 189bis of the Penal Code, as well as the policies adopted and results achieved in the context of the implementation of the new Law. The Committee encourages the Government to pursue its efforts to ensure that appropriate protection and assistance is provided to all victims of forced labour, including victims of trafficking, and requests it to continue to provide information on the steps taken by the ERI and other relevant institutions in this regard, and the concrete results achieved.

2. Measures targeted at vulnerable groups. The Committee notes the comprehensive information provided by the Government on the measures taken, in the context of international cooperation agreements and initiatives involving private enterprises, in order to ensure an effective labour migration management and integrate and protect migrants. The Committee also notes the adoption of the first National Integration Plan (2013–17), as well as the country’s comprehensive migration policy (2013–23). Additionally, the Government provides information on the implementation of awareness-raising campaigns regarding the rights and responsibilities of migrant workers, and indicates that, through capacity-building initiatives initiated in 2011, it has provided training to approximately 40,000 people involved in the investigation and prevention of trafficking in persons and exploitation of migrant workers. The Committee encourages the Government to pursue its efforts to protect migrant workers against the imposition of practices which may amount to forced labour, providing the necessary assistance so as to enable them to assert their rights and denounce any abuses of which they may be victims, and requests the Government to provide information on the steps taken to this end. The Committee also requests the Government to provide information on any difficulties encountered by the immigration police, labour inspectors and other law enforcement officials in identifying victims and initiating legal proceedings. Finally, the Committee requests the Government to continue to provide information on the implementation of international bilateral agreements, as well as any other cooperation measures undertaken with a view to preventing and combating trafficking and the exploitation of migrant workers, and the concrete results achieved.