Observation (CEACR) - adopted 2025, published 114th ILC session (2026)

Costa Rica

Forced Labour Convention, 1930 (No. 29) (Ratification: 1960)
Protocol of 2014 to the Forced Labour Convention, 1930 (Ratification: 2020)

The Committee takes due note of the Government’s first report under the Protocol of 2014 to the Forced Labour Convention, 1930, as well as the information provided in reply to its previous comments concerning the application of the Convention.

The Committee notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP), transmitted with the Government’s report. It also notes the observations of the Confederation of Workers Rerum Novarum (CTRN) and the Costa Rican Workers’ Movement Central (CMTC), received on 7 September 2024, and the Government’s reply. With reference to the allegations concerning the working conditions of bus drivers, the Committee refers once again to its comments under the Hours of Work (Industry) Convention, 1919 (No. 1), which address this matter more specifically.

Articles 1(1) and 2(1) of the Convention and Article 1(2) of the Protocol. Systematic and coordinated action to combat forced labour. With reference to the implementation of the National Policy to Combat Trafficking in Persons, the Committee notes the Government’s reference in its report to meetings organized by the National Coalition to Combat Trafficking in Persons and the Smuggling of Migrants (CONATT) and its standing technical committees with a view to the organization and development of work plans in accordance with the National Policy and the National Strategic Plan. CONATT, with the support of United Nations agencies, has held several workshops to address the subjects of trafficking in persons, the smuggling of migrants and forced labour, as well as a workshop to strengthen data management on trafficking in persons and the smuggling of migrants from a gender perspective.

With reference to the difficulties in using the resources of the National Fund to Combat Trafficking in Persons and the Smuggling of Migrants, the Government indicates that, although there are many needs for training, professional services and other aspects, the resources cannot be used on such items, as they can only be used for the purchase of assets such as buildings, land or computer equipment. The Government specifies that the institutions are faced with difficulties relating to personnel for the development of projects that are in compliance with the requirements for the use of the Fund’s resources, which could therefore be simplified with a view to the more efficient utilization of the resources. The Government indicates that the allocation made by the Ministry of Finance to the Fund is much lower than the figure that should really be provided, which limits the possibility of implementing new projects.

The Committee recalls the importance of the competent authorities having access to adequate training and resources to carry out their mandate and to be able to implement effectively the National Policy to Combat Trafficking in Persons, as well as any other measures to combat forced labour. The Committee therefore requests the Government to continue taking measures for the implementation of the National Policy to Combat Trafficking in Persons through the activities undertaken by the CONATT and the adoption of the Strategic Plan to Combat Trafficking in Persons provided for in the National Policy. The Committee requests the Government to provide information on this subject and on the results achieved and the difficulties encountered in the implementation of these policies. The Committee also requests the Government to indicate the manner in which systematic and coordinated action is carried out to combat other forms of forced labour that do not constitute trafficking in persons.

Article 1(1) of the Convention and Articles 1(1) and 2 of the Protocol. Prevention and action to combat forced labour by migrant workers in various sectors. The Committee recalls that in its previous comments it referred to the situation of Nicaraguan workers in pineapple and sugar cane plantations, most of whom are undocumented, and who are victims of trafficking in persons. The Committee notes that the CTRN and CMTC refer once again in their observations to the existence of various practices which result in labour exploitation and the forced labour of national and non-national workers in agriculture, and specifically in national and transnational enterprises engaged in the export of pineapples and bananas. They also reiterate their concern that trafficking in persons continues to be a serious problem in the country. They refer to structural deficiencies, such as poverty, the lack of employment opportunities and the inadequacy of inspections, and emphasize the urgent need to implement public prevention policies which have a greater impact on working conditions and access to high-quality education with a view to avoiding the traps into which victims fall.

(i) Strengthening of labour inspection. The Committee notes the Government’s indication that the National Labour Inspection Department (DNI) carries out inspections in all the workplaces in the country, including areas and plantations in which there is a considerable presence of migrant workers. In 2021, a total of 7,068 inspections were carried out, rising to 13,187 in 2022 and 14,031 in 2023. The DNI carried out 447 inspections in the agricultural sector in 2022 and 714 in 2023, as well as 179 and 361, respectively, in the construction sector. These sectors are two of the main activities in which Nicaraguan migrant workers are engaged. The Government adds that 59 inspections were carried out in agricultural enterprises and centres cultivating pineapples and 154 inspections in the banana sector, both in 2023. During some of these inspections, violations of the labour legislation were detected and, where appropriate, the cases were referred to the judicial authorities. The Committee also notes that a Bill on the strengthening of the National Labour Inspection Department is currently being reviewed under legislative file No. 21.706 (web page of the Costa Rican Juridical Information System).

With reference to migrant domestic workers, the Government indicates that, according to the National Household Survey 2020, some 23.97 per cent of the women domestic workers surveyed indicated that they had been born in Nicaragua. It adds that in 2023 the DNI Team specializing in Labour Migration was created and the Inter-institutional Agenda for Remunerated Domestic Work 2023–26 was approved, which includes the preparation of a virtual inspection protocol for domestic work and the establishment of a specialized team with the capacity to carry out virtual inspections in households.

The Committee also notes that the United Nations Special Rapporteur on Contemporary Forms of Slavery, including its causes and consequences, in his 2023 report, referred to the vulnerability of migrant workers and reports that inspections are often ineffective, bureaucratic and lacking in transparency across a range of sectors, such as domestic work, construction, transport and manufacturing, many of which are in the informal economy (A/HRC/54/30/Add.1). The Committee also notes that, in its concluding observations in 2023, the United Nations Committee against Torture regretted the shortcomings noted in several reports in identifying victims of trafficking, especially among migrants, and the higher incidence of trafficking detected among persons in vulnerable situations (CAT/C/CRI/CO/3).

The Committee notes that the measures adopted by the Government resulted in an increase in inspections in the agricultural and construction sectors and notes with concern that, despite these measures, labour exploitation practices which could constitute forced labour still persist in various sectors. The Committee firmly hopes that the Government will continue to strengthen the capacity of the labour inspection services in regions and sectors that are at risk and in which there are indicators of labour exploitation practices, particularly in plantations, domestic work and construction, with a view to preventing and identifying potential situations of forced labour. The Committee requests the Government to provide information on: (i) the action taken in this respect; (ii) the manner in which the labour inspection services collaborate with the police and the Office of the Public Prosecutor in the detection and investigation of potential situations of forced labour; and (iii) the measures adopted for the implementation of the virtual inspection protocol in the field of paid domestic work. The Committee hopes that the Bill on the strengthening of the National Labour Inspection Department will be adopted and will contribute to the improvement of the prevention and identification of potential situations of forced labour.

(ii) Protection of migrant workers during the recruitment process. The Committee notes the reference by the UCCAEP in its observations to forced labour in informal sectors and its indication that this is also addressed through formalization processes. In this regard, it emphasizes that in the construction sector simple and expeditious procedures have been introduced for the formalization of foreign workers, especially Nicaraguan workers, with a view to promoting greater access by migrant workers to decent employment.

On the other hand, the Committee notes that the United Nations Special Rapporteur on Contemporary Forms of Slavery, including its causes and consequences, indicated in his 2023 report that the subcontracting of migrant workers makes it difficult to protect them and encourages conditions of forced labour. Subcontractors regularly exploit workers by charging high fees, which are deducted from their wages, and they are not provided with contracts or insurance, which prevents them from having access to social security and other public services (A/HRC/54/30/Add.1).

The Committee requests the Government to indicate the measures taken to identify and penalize abusive practices during recruitment and to protect workers who are victims of such practices. The Committee requests the Government to provide information on the implementation of procedures for the formalization of foreign workers in sectors that are at risk, such as agriculture, domestic work and construction, and their impact.

Article 3 of the Protocol. Protection of victims. The Government indicates that, in accordance with the Act on the protection of victims, witnesses and other persons involved in criminal procedures (Act No. 8720 of 2009), once a person has been identified as a victim of trafficking in persons, the Office for Support and Protection of Victims of Crime of the Office of the Public Prosecutor (OAPVD) intervenes immediately for the provision of the services envisaged in programmes for the support and protection of victims and witnesses. It adds that, in order to determine the economic and social needs of victims, a socio-economic study is carried out with a professional social worker. When the study has been approved by the Technical Secretariat of the CONATT, the services are provided to the beneficiary. The Government also indicates that free services and assistance for victims include legal advice and migratory services and regularization. During the period from 1 June 2021 to 31 May 2024, there were approximately 120 persons who were recognized as victims of trafficking.

The Committee requests the Government, through the competent authorities, to continue providing protection and assistance to all victims of forced labour, and to ensure that the assistance services are adapted to the specific needs and various profiles of the victims so as to ensure their full recovery and rehabilitation. The Committee requests the Government to indicate the measures adopted to ensure that the protection and assistance provided for in section 37 of the Act to combat trafficking in persons and establishing the National Coalition to Combat the Smuggling of Migrants (Act No. 9095 of 2012) is extended in practice to cover all victims of forced labour (trafficking in persons, servitude and forced labour). It also requests the Government to provide information on the number of victims identified who have received assistance, their age, gender and the type of assistance provided.

Article 4(1) of the Protocol. Access to remedies and compensation mechanisms. The Committee recalls that section 73 of the Act to combat trafficking in persons and establishing the National Coalition to Combat the Smuggling of Migrants (Act No. 9095 of 2012) provides that, when a court finds that the accused person has committed the crime of trafficking in persons or related activities, and the victim has taken civil action to claim compensation, it shall also order the accused to pay compensation for the damages suffered by the victim. In this regard, the Government indicates that any victim in a criminal procedure has the right to take civil action for compensation, and that the application of general and specific rules implies that persons shall not be revictimized in criminal proceedings, which is not only applicable to this crime, but also to others.

The Committee also notes the allegations by the CTRN and CMTC in their observations that the law is inadequate in light of the violations committed by many enterprises and that workers in the agricultural sector remain silent out of fear of losing their jobs. The Committee also notes that the United Nations Special Rapporteur on Contemporary Forms of Slavery, including its causes and consequences, indicates in his 2023 report that migrants in both regular and irregular situations are reluctant to report instances of abuse or exploitation to the authorities due to the fear of unemployment or deportation (A/HRC/54/30/Add.1).

The Committee notes that section 71 of Act No. 9095 of 2012 provides that, even if the victim does not wish to submit a complaint, officials are under the duty to do so whenever any instance of trafficking in persons comes to their knowledge. The Committee emphasizes the need in this regard for the competent authorities to adopt proactive measures that are not exclusively dependent on complaints by victims, so that all victims of forced labour, irrespective of their legal situation or whether or not they are present in the national territory, have effective access to appropriate and effective legal action and compensation and are aware of their rights. Such measures are even more important when victims are in a situation of vulnerability that could limit the exercise of their rights, as is often the case for certain migrant workers.

The Committee requests the Government to provide information on the measures taken to ensure that victims are aware of their rights and the services to which they may have access for their protection. It also requests the Government to provide information on cases in which the courts have required persons convicted of the crimes of trafficking in persons (section 172 of the Penal Code), servitude (section 189) and forced labour (section 189bis)to provide compensation to victims for the damages suffered, and on the type of support that is provided to victims to take civil action with a view to obtaining compensation. The Committee further requests the Government to provide information on the method of compensation which is provided to victims in instances where they do not make complaints or return to their countries of origin.

Article 25 of the Convention and Article 1(1) of the Protocol.Prosecution and application of penal sanctions. With reference to the prosecution of the crime of trafficking in persons (section 172 of the Penal Code), the Government indicates that in 2022 there were 13 referrals of cases of trafficking in persons for labour exploitation, and that in 2023 there were 55 such cases, with 433 persons charged and 22 victims. Of these cases, 40 are related to the crime of trafficking for sexual exploitation, 11 to the crime of trafficking for labour exploitation and five to forced begging. As of June 2024, there are 31 current cases involving trafficking for sexual or labour exploitation, 24 of which relate to the crime of trafficking for sexual exploitation and seven to trafficking for labour exploitation. In 2023, there were nine final convictions and two acquittals.

With regard to the application in practice of section 189bis of the Penal Code (forced labour and services), the Government reports that the Judicial School has carried out training for legal personnel on labour exploitation and judicial decisions have been provided which were issued under section 189 of the Penal Code on servitude. The Committee also notes Decision No. 01459-2023 of the Criminal Sentences Appeals Court II of the judicial circuit of San José, in which it found that excessive physical effort or degrading work is not required to constitute the crime of forced labour, and that it is sufficient that the person is required to provide a service against her or his will.

The Committee requests the Government to continue to take measures so that the competent authorities (the police, prosecutors and the labour inspection services) are able to coordinate their efforts and to train their officials in the appropriate identification of the various forced labour situations (trafficking in persons, servitude and forced labour) and carry out investigations proactively, in order to initiate the relevant judicial procedures. The Committee requests the Government to provide information in this regard and to indicate the number of investigations and judicial proceedings that are in progress or have been concluded in relation to the exaction of forced labour under sections 172, 189 and 189bis of the Penal Code, with an indication of the type of crime investigated, the number of cases in which criminal penalties have been imposed and the type of penalties which are applied.

The Committee is raising other matters in a request addressed directly to the Government.