Social Policy (Basic Aims and Standards) Convention, 1962 (No. 117) - Costa Rica (Ratification: 1966)

Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

The Committee notes the observations of the Rerum Novarum Workers’ Confederation (CTRN), received on 31 August 2021. The Committee also notes the Government’s replies to these observations, received on 26 January 2022.

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the Government’s reference to the report entitled “Analysis of the challenges of the Bicentennial National Development and Public Investment Plan (PNDIP) 2019–22”. The prime objective of the PNDIP is to “generate inclusive economic growth at the national and regional levels, in harmony with the environment, creating quality jobs and reducing poverty and inequality”, and is linked to five national targets relating to production, employment, poverty, inequality and decarbonization. The challenges faced by the implementation of the PNDIP include reducing levels of multidimensional poverty and arresting the growth in the level of inequality. The report indicates in particular that, between 2014 and 2019, multidimensional poverty fell by 5.1 percentage points while the level of inequality increased, with the Gini coefficient moving from 0.512 to 0.508. It also indicates that, according to the National Household Survey (ENAHO), households living in extreme poverty decreased from 6.7 to 5.8 per cent between 2014 and 2019. However, during the same period, poverty in households headed by women increased from 43.3 to 48.4 per cent. In addition, according to the report, the Avancemos (let’s move forward) programme was implemented in 2019, aimed at reducing poverty, and provided 200,923 financial transfers. Moreover, in 2019, the Crecemos (we’re growing) programme awarded 203,401 bursaries to primary-school students and 2,369 to teenage mothers. The report also indicates that, because of the negative effects of the COVID-19 pandemic, the unemployment rate rose, reaching 24 per cent in the second quarter of 2020. Moreover, between 2014 and 2019, social investment in the country increased from 22.7 per cent to 23.91 per cent. The Committee also notes that, according to data from the “ongoing employment survey” of the National Institute of Statistics and Censuses (INEC), the informal employment rate rose from 46 to 47 per cent between 2019 and the first quarter of 2020. As regards housing conditions in the country, the report indicates that, as at 2019, out of a total of 1,578,161 dwellings, 4,931 had no electricity supply, 67,271 had no water supply, 6,416 had no piping, and 5,316 had no septic tank. The Committee also notes the information provided by the Government on a series of actions carried out in 2019 for persons in situations of vulnerability, including measures relating to the coordination of selective social programmes to provide basic and comprehensive care for households in situations of poverty and care for older persons; social equity programmes for public education; programmes for combating the housing deficit for low-income population groups; and measures to expand and improve the sewage system in certain cities. Lastly, the Committee notes the observations of the CTRN to the effect that the information supplied by the Government does not represent the current situation in the country. The CTRN criticizes the fact that the population has become poorer, health has deteriorated, social inequalities have deepened and unemployment has risen. The CTRN maintains that between 2019 and 2020 poverty levels increased from 21 to 30.4 per cent, while levels of extreme poverty rose from 5.8 to 11 per cent. The Committee requests the Government to continue providing detailed, up-to-date information, including statistics disaggregated by sex and age, on the nature, scope and impact of measures taken to improve the living standards of the people of Costa Rica (Article 2), especially with regard to groups in vulnerable situations, such as children, women, persons with disabilities, indigenous and Afro-Costa Rican communities, LGBTI persons and persons living with HIV.

Article 4. Agricultural producers. The Committee notes the Government’s indication that in 2019 the agricultural sector contributed 4.8 per cent of GDP and that between 2017 and the first quarter of 2020 this sector ranked second in terms of job creation. As regards producers, the Government states that 84.4 per cent are men and 15.6 per cent are women. The Government adds that the rural poverty index fell from 25.1 per cent in 2018 to 24.2 per cent in 2019. However, the Committee notes the CTRN’s indication that between 2019 and 2020 the rural poverty level rose from 24.2 per cent to 31.6 per cent. The Government states that budget expenditure for agriculture in 2019 was 261,866.5 million Costa Rican colones (CRC). The Government also refers to the implementation between 2019 and 2020 of a series of projects to improve living standards for agricultural producers, including measures for increasing production capacity, such as the creation of new infrastructure, rural credit, food security and virtual training. Lastly, the Government refers to the implementation of a series of policies in the context of the PNDIP, with the aim of providing institutional guidance in agriculture, including: “Policy guidelines for the agricultural, fishing and rural sector 2019–22”; “National policy for sustainable production and consumption 2018–30”; “National policy on seeds”; “State policy for rural and territorial development in Costa Rica (PEDRT) 2015–30”; and “State policy for the agri-food sector and rural development in Costa Rica 2010–21”. The Committee requests the Government to continue providing detailed, up-to-date information, including statistics disaggregated by sex and age, on the measures taken to increase production capacity and improve living standards for agricultural producers, and on the results thereof. The Committee also requests the Government to provide detailed, up-to-date information on the results achieved by the policies implemented in the context of the PNDIP, aimed at providing institutional guidance in agriculture.

Part III. Migrant workers. In its previous comment, the Committee asked the Government to provide information on the measures taken to ensure that the working conditions of migrant workers required to live away from their homes take account of their normal family needs. The Committee notes the Government’s indication that it has not taken any action on this matter and that no agreements have been signed between employers and workers to reconcile occupational and family responsibilities. The Government adds that section 38 of the Labour Code provides that the employer must pay reasonable daily return travel costs for workers, if the distance between the worker’s usual residence and place of work is 10 km or more, and this provision includes migrant workers. Moreover, in its previous comment, the Committee asked the Government to provide information on the impact of measures taken in relation to workers employed on banana and pineapple plantations, particularly workers from the Ngäbe and Buglé indigenous communities. In this regard, the Government indicates that, in the context of the project entitled “Implementing a culture of labour compliance in the agri-export sector in Costa Rica”, 11 labour inspectors were given training to learn the language of the Ngäbe-Buglé community in 2021 to enable them, in the context of their duties, to consult indigenous workers on matters such as hours of work, lunch breaks, insurance coverage and living conditions. The inspectors also implemented various measures that were disseminated in both Spanish and Ngäbere. The Government also refers to the systematization between 2014 and 2018 of comprehensive care centres which provide food for over 600 children throughout the country belonging to indigenous families, migrants and workers on agricultural plantations, established on private coffee estates. The initiative was launched in 2014 with the aim of protecting the rights of children from the Ngäbe and Buglé indigenous communities. The Government also refers to the protocol for the implementation of general guidelines for coffee estates hiring migrant workers in the context of the COVID-19 pandemic, the aim of which is prevention and mitigation of infection from the virus, specifically on coffee estates and among producers who employ migrant and Ngäbe-Buglé indigenous workers. The Committee also notes that, according to the Directorate for Migration and Foreign Nationals, between 1 November 2020 and 30 June 2021 a total of 6,638 Nicaraguan workers entered Costa Rica, of whom only 451 had documentation. Between 20 August 2020 and 15 January 2021, a total of 6,510 Ngäbe-Buglé indigenous workers entered the country, of whom 6,026 were documented. These workers came into the country to seek work on plantations. The Committee notes the Government’s indication that it does not have statistics disaggregated by sex and age for this category of workers. Lastly, with regard to the Committee’s previous request concerning the impact of cooperation on labour migration between the authorities of the Government of Panama in relation to migrants from the Ngäbe and Buglé indigenous communities, the Committee notes the Government’s statement that no studies on the impact of such cooperation have been carried out so far.

The Committee notes with concern that the CTRN, in its observations, denounces violations suffered by workers, mostly migrant and indigenous workers, employed on banana, pineapple, sugar cane and other plantations, in relation to hours of work, wages, working conditions, social protection and trade union rights. The CTRN also refers to the lack of inspections in the sector and inadequate planning thereof. The Committee also notes that the CTRN asserts that migrant and indigenous children and young people are often obliged to work to augment the family income owing to their vulnerable and marginal situation. In this regard, the Committee refers to its direct request of 2021 on the application of the Worst Forms of Child Labour Convention, 1999 (No. 182), in which it noted the observations of the CTRN asserting that child domestic work is often done without remuneration and is largely carried out by migrant children. The Committee further notes that the United Nations Committee on the Rights of the Child (CRC), in its concluding observations of 4 March 2020, regarding children’s standard of living, expressed concern at the fact that, according to the 2018 National Household Survey of the National Institute of Statistics and Censuses, 34 per cent of children in Costa Rica are living in poverty and 12 per cent in extreme poverty. The CRC also noted with concern the deprivation suffered by migrant children and by children with disabilities living in rural, coastal and border areas (CRC/C/CRI/CO/5-6, paragraph 39). In conclusion, the CTRN requests, in view of the seriousness of the situation, that a technical and/or direct contacts mission be sent to observe in situ the violation and non-observance of the Convention. In light of the concerns expressed by the CTRN, the Committee reminds the Government that the existence of child labour is incompatible with the objective of the Convention, namely the well-being of the population and improvement of living conditions (Articles 1 and 2). The Committee requests the Government to take the necessary steps to secure working conditions and minimum standards of living for migrant workers, particularly those who work on banana, pineapple and sugar cane plantations, and to send detailed, up-to-date information in this respect. The Committee also requests the Government to continue sending information on the impact of the measures taken with regard to workers from the Ngäbe and Buglé indigenous communities. The Committee further requests the Government to continue sending statistical information, disaggregated by sex and age, on the number of migrant workers obliged to live away from their homes. Lastly, the Committee once again requests the Government to send detailed, up-to-date information on the impact of cooperation on labour migration between the authorities of the Government of Panama, in relation to migrants from the Ngäbe and Buglé indigenous communities (Article 8 of the Convention).

Direct Request (CEACR) - adopted 2019, published 109th ILC session (2021)

The Committee notes the observations of the Costa Rican Confederation of Democratic Workers (CCTD), transmitted by the Government in its report. The Committee also notes the Government’s replies to the observations.

Parts I and II of the Convention. Improvement of standards of living. The Committee notes the detailed information provided by the Government on the impact of the measures adopted with a view to the achievement of the objectives of the Convention within the framework of the National Development Plan (PND) 2015–18. The objectives of the Plan include: promoting economic growth, generating quality employment, combating poverty and reducing inequality. In this regard, the Government indicates that, according to the statistical data of the International Monetary Fund (IMF), in 2017 the economy of Costa Rica grew by a little over 3.2 per cent, compared to global economic growth of 3.7 per cent. Social investment amounted to 22.7 per cent of Gross Domestic Product (GDP) in 2014, rising to 23.3 per cent in 2016. The Government indicates that, according to the National Household Survey (ENAHO), between 2013 and 2017 the unemployment rate fell by 1.1 per cent and the informal employment rate decreased from 44 per cent to 41 per cent. In terms of target population groups, the youth unemployment rate between 15 and 17 years of age also fell from 26 per cent in 2013 to 23.2 per cent in 2017, and the youth unemployment rate for young persons between 18 and 25 years of age also fell from 19.8 per cent in 2013 to 17.8 per cent in 2017. Over the same period, the unemployment rate for poor households fell by 2.4 per cent and the unemployment rate for women fell by 1.5 per cent. With regard to access to health and housing, the health system maintained broad coverage with 86 per cent of the population being covered by insurance schemes, and the housing shortage (the shortage of new houses) fell from 15.8 per cent in 2013 to 14.9 per cent in 2017. The Government also refers to various indicators showing improvements in the living standards of the population, including the increase in school attendance rates in primary and secondary education, and life expectancy, as well as the reduction in infant mortality rates. With a view to achieving the PND objective for poverty reduction, the National Poverty Reduction Strategy of the Solís Rivera Administration (2015–18) was implemented under the title of the “Bridge to Development”. intended to ensure preferential access to social programmes for 54,600 families living in extreme poverty. The Government adds that, as a result of the Strategy, extreme poverty decreased from 6.7 per cent in 2014 to 5.7 per cent in 2017, while the non-extreme poverty rate fell from 15.7 per cent to 14.3 per cent. The inequality rate fell slightly from 0.512 in 2014 to 0.514 in 2017 due to the increase in income from work and in household income through state transfers, subsidies and grants. Nevertheless the Committee notes that, in its concluding observations of 21 October 2016, the Committee on Economic, Social and Cultural Rights (CESC) expressed concern at the fact that the measures taken to combat poverty have not been sufficiently effective in reducing the levels of poverty and extreme poverty in recent years, or in tackling the rising levels of inequality that affect the most disadvantaged and marginalized groups (E/C.12/CRI/CO/5, paragraph 39). The Government also reports the conclusion on 9 September 2016 of the National Pact for the Achievement of the Sustainable Development Goals (SDGs). The Committee further notes the adoption in December 2018 of the Bicentennial National Development and Public Investment Plan 2019–22, which includes among its targets reducing multidimensional poverty by between 2.3 and 2.7 percentage points and maintaining the growth of the inequality index at 0.511 of the Gini coefficient. However, in its observations, the CCTD indicates that the information provided by the Government does not represent the current situation in the country. The CCTD indicates that the population has grown poorer, health has deteriorated, the social gap has grown and unemployment has risen. The Committee therefore requests the Government to provide detailed and updated information, including statistics disaggregated by sex and age, on the results achieved by the Bicentennial National Development and Public Investment Plan 2019–22, and any measures intended to ensure the improvement of the living standards of the population of Costa Rica (Article 2), particularly with regard to vulnerable groups.

Article 4. Agricultural producers. The Committee notes the information provided by the Government on the improvement in the various indicators relating to economic growth in the agricultural and livestock sector. In this regard, the Government indicates that, despite the impact of natural phenomena at the national level, agricultural production rose by 2.7 per cent in 2017. The Government also reports the implementation between 2015 and 2018 of 15 new projects with a view to improving the standards of living of families in rural areas, including measures relating to the acquisition of land, infrastructure, rural credit and food security. The Government adds that 477,327 families benefited from these projects. With regard to the reduction of rural poverty, the Government reports that 24.1 per cent of rural households were reported to be in a situation of poverty in 2017, thereby meeting the target of 25 per cent envisaged by the PND. The Government also refers to the implementation of various financial projects to assist producers in regions affected by climate-related factors. The Government adds that, as a result of the implementation of these programmes, between 2016 and 2017 there was an increase of 2.8 per cent in average household income in rural areas and of 7.2 per cent in the number of jobs in the rural sector. The Committee requests the Government to continue providing detailed and updated information on the measures adopted to increase production capacity and improve the standards of living of agricultural producers, and their results.

Part III. Migrant workers. The Committee notes the initiatives implemented within the framework of the Comprehensive Migration Policy for Costa Rica (2013–23) with a view to the protection of migrant workers. In particular, the Government refers to the adoption of measures to simplify migration procedures for indigenous migrants, such as the implementation of the “Migramóvil” programme by the General Directorate of Migration and Foreign Nationals in the Los Santos area, through which guidance was provided and applications were processed for the regularization of the situation of migrants from the Ngäbe indigenous community. Capacity-building was also provided to public officials in the Los Santos area on the rights of migrants, with particular emphasis on indigenous people. The Committee also refers to its 2015 direct request on the application of the Indigenous and Tribal Peoples Convention, 1989 (No. 169), in which it noted the measures adopted with a view to improving cooperation between the Government and Panama in relation to the migration of the Ngäbe and Buglé indigenous communities. Finally, the Committee refers its 2018 direct request on the application of the Forced Labour Convention, 1930 (No. 29), in which it noted the observations of the Confederation of Workers Rerum Novarum (CTRN) concerning violations of the rights of certain workers engaged in banana and pineapple plantations, particularly with regard to working time, working conditions, social protection and trade union rights. In this regard, the CTRN indicated that the most vulnerable workers are seasonal migrant workers. The Committee requests the Government to provide detailed and updated information on the measures adopted or envisaged with a view to guaranteeing the working conditions of migrant workers required to live away from their homes, taking into account their normal family needs (Article 6). In particular, the Committee requests the Government to provide information on the impact of these measures in relation to workers engaged in banana and pineapple plantations, and workers from the Ngäbe and Buglé indigenous communities. The Committee also requests the Government to provide statistical data, disaggregated by sex and age, on the number of migrant workers required to live away from their homes. It further requests the Government to provide updated and detailed information on the impact of cooperation in relation to labour migration between the authorities of the Government of Panama in relation to migrants from the Ngäbe and Buglé indigenous communities (Article 8).

Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

Parts I and II of the Convention. Improvement of living standards. The Committee notes with interest the information supplied by the Government in the report received in September 2013, in reply to its request of 2008. The Government reports an increase in average household income between 2010 and 2012, an improvement in job quality, a reduction in the percentage of households living in poverty and extreme poverty between 1990 and 2012 and a drop in rural poverty between 2010 and 2012. Moreover, the Government highlights the adoption of the National Development Plan 2011–2014 (PND 2011–2014), which incorporates the Millennium Development Goals. As regards the future of the country and its people, Costa Rica aspires to becoming a nation that is more competitive and more closely integrated in the global dynamic with development driven by innovation, science and technology, and to achieving greater fairness and solidarity. The Government adds that the production capacity and living standards of agricultural producers have increased. The strategic actions set forth in the PND 2011–2014 include improving the competitiveness of micro, small and medium enterprises (MSMEs) and production chains; and stimulating the development of SMEs and agro-enterprises in strategic zones associated with priority sectors and areas. The Government also includes a summary of the work done by the Rural Development Institute in the area of human settlements, with a view to giving agricultural workers who need it access to a plot of land for development and production. The Committee invites the Government to include in its next report an up to date summary of the results achieved and the initiatives undertaken to ensure that “the improvement of standards of living” has been regarded as the principle objective of economic development plans (Article 2 of the Convention). The Committee would be grateful if the Government would continue to report on the results achieved by the measures taken to increase production capacity and improve the standard of living of agricultural producers (Article 4).

Part III. Migrant workers. The Government refers in its report to amendments introduced in the Regulations on Foreigners to regularize the immigration status of foreign nationals, particularly foreign workers. The Committee notes that the persons benefiting from these measures include domestic, agricultural and construction workers. The Committee would be grateful if the Government would continue to provide information on the measures taken to protect migrant workers.

Direct Request (CEACR) - adopted 2008, published 98th ILC session (2009)

Parts I and II of the Convention. Improvement of standards of living. In reply to the direct request of 2005, the Government provides information in its report received in October 2008 on the major components of the National Development Plan 2006–10 and emphasizes the role of the Ministry of Agriculture and Stock Rearing in applying Articles 2 and 4 of the Convention. The Agricultural Development Institute supports actions designed to promote the development of rural communities with a low social development index. The Committee reiterates its interest in receiving an up to date evaluation in the Government’s next report of the manner in which it is ensured that “the improvement of standards of living” has been regarded as “the principal objective in the planning of economic development” (Article 2 of the Convention) and requests the Government to provide information on the results achieved regarding the promotion of productive capacity and the improvement of the standards of living of agricultural producers (Article 4).

Part III. Migrant workers. The Government refers in its report to the amnesty granted to migrant workers, addressing some 465,000 persons of Central American origin, the majority from Nicaragua. In 2008, the Directorate-General of Migration estimated that 185,000 migrant workers requested the renewal of their documents. The Government is seeking to conclude bilateral agreements with Nicaragua and Panama in the area of migration. The Committee would be grateful if the Government would continue to supply information on the measures taken to protect migrant workers.

Direct Request (CEACR) - adopted 2005, published 95th ILC session (2006)

1. The Committee notes the detailed information sent by the Government in June 2000 and September 2003 relating to the observation made in 1999.

2. Parts I and II of the Convention. Improvement of standards of living. The Committee notes the information submitted in September 2003 on the measures adopted by the Agricultural Development Institute. The Committee would be grateful if the Government’s next report included updated information on the way in which it is ensured that the "improvement of standards of living" is regarded as the "principal objective in the planning of economic development" (Article 2 of the Convention) and provided details of the results achieved for the promotion of productive capacity and the improvement of standards of living of agricultural producers (Article 4).

3. Part III. Migrant workers. In its 2003 report, the Government indicated that approximately 365,000 people had qualified for residency and that a comprehensive migration policy and a new general draft law on migration had been envisaged. Since it is difficult to prevent abusive practices relating to migrant workers and their families, the Committee would be grateful if the Government’s next report could include updated information on the measures adopted to protect migrant workers.

Observation (CEACR) - adopted 1999, published 88th ILC session (2000)

Article 8 of the Convention. Migrant workers. The Committee notes the information supplied in the report of the Government in reply to its earlier comments. The Committee notes with interest the final report of the IV Binational Meeting between Nicaragua and Costa Rica, held on 12 and 13 May 1997, especially as regards the Subcommittee on Security and Migration, as well as the Government's intention to make every effort to treat the situation of migrant workers in Costa Rica with justice and solidarity, in conformity with the principles set forth in the Convention and enshrined in the ILO. The Committee also notes from the same report that "an agreement was reached to request technical cooperation from the international organizations to conduct a critical assessment of ways and means for exchange of information between the parties so as to allow cross-checking and permit rapid issuing of the seasonal worker card".

The Committee reminds the Government that it may request ILO technical assistance if it so wishes.

In addition, the Committee notes that the Government wishes to continue to make efforts with a view to resolving matters relating to migrant Nicaraguan workers in Costa Rica. The Committee requests the Government to continue providing information on the measures taken to ensure application of Article 8, and in particular on: (i) the analysis of results obtained with systems implemented to deal with the situation of foreigners including migrant Nicaraguan workers; (ii) the analysis of the results of the seasonal worker card; (iii) the number of seasonal worker cards issued to Nicaraguans, and the results of the regularization, so as to avoid their return or deportation, of their status as migrants; (iv) the measures taken to initiate a procedure to issue a special passport for migrants; (v) the implementation and the results of the information campaign on the seasonal worker card to promote regulated migration, and (vi) the measures taken to resolve the problem of the migrants' families as well as their results.

Observation (CEACR) - adopted 1997, published 86th ILC session (1998)

Migrant workers. Further to its previous observation, the Committee notes with interest the information supplied in the Government's report, and in particular, the Government's comments on the report of the ILO mission on "The situation of migrant workers in Costa Rica", and a Joint Declaration concerning Labour Migration made in May 1996 in San José by the Labour Ministers of Belize, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama and the Dominican Republic. It notes with interest that the Government has been continuing its efforts to deal with matters relating to migrant workers of Nicaraguan nationality working in Costa Rica. It notes in particular that the Government is proposing a system of a seasonal labour card.

The Committee requests the Government to continue to supply information on the measures taken or envisaged to ensure the application of Article 8 of the Convention, with particular reference to developments concerning Nicaraguan migrants mentioned above.

Observation (CEACR) - adopted 1995, published 83rd ILC session (1996)

Migrant workers

The Committee notes with interest that, with the Government of Nicaragua and the technical assistance of the Office, the Government is examining matters relating to migrant workers of Nicaraguan nationality working in Costa Rica. It notes in particular that the establishment of a temporary work permit under Decree No. 24432-TSS-G, which is issued only on production of an employment contract offering guarantees of employment conditions and wages which are not lower than those existing in the sector of activity concerned, is encountering practical difficulties. It notes in this respect the recommendations made at the conclusion of the Office's mission to overcome the difficulties encountered and offset certain shortcomings (simplifying procedures for granting, diversifying and increasing periods of validity, delivery of official papers to members of the migrant's family).

The Committee requests the Government to supply information on the measures taken or envisaged to ensure application of the Convention on this point as well as on the agreements concluded in application of Article 8 of the Convention.