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

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

The Committee refers to its observations in which it notes the measures taken by the Government to combat forced labour, particularly within the framework of the National Policy to Combat Trafficking in Persons, and it requests the Government to provide additional information on the following points:

Article 2 of the Protocol. Prevention. Clauses (a) and (b). Awareness-raising, education and information. The Committee notes the information provided by the Government on the awareness-raising campaigns and other training activities carried out by the National Coalition to Combat Trafficking in Persons and the Smuggling of Migrants (CONATT) and by the Office of the Deputy Prosecutor against Trafficking in Persons and the Smuggling of Migrants (FACTRA) to strengthen the institutional capacities of the officials of the Ministry of Labour and Social Security (MTSS), the police and certain legal advisers. In this regard, the Government refers to a campaign entitled “in San Carlos we do not accept trafficking” intended to inform, prevent and denounce trafficking in persons, which is also focused on the Canton of San Carlos, where at least ten cases of trafficking have been recorded in recent years.

The Committee also notes that, in its concluding observations of 2023, the United Nations Committee on the Elimination of Discrimination against Women expressed concern at the limited access to information on the illicit practices of trafficking and migrant smuggling networks for migrant women and girls in transit or in an irregular situation, refugee and asylum-seeking women and girls, particularly Haitians and Africans (CEDAW/C/CRI/CO/8).

The Committee requests the Government to provide information on the awareness-raising and educational activities carried out with respect to trafficking in persons for sexual and labour exploitation, and on other forms of labour exploitation involving forced labour, especially in vulnerable population groups and high-risk sectors. It also requests the Government to provide information on the data compiled through the Police Information Platform (section 31 of the Act to combat trafficking in persons and creating the National Coalition to Combat the Smuggling of Migrants, Act No. 9095 of 2012) and on the manner in which this data is used to determine the sectors and vulnerable groups in which information and awareness-raising activities should be carried out.

Clause (e). Supporting due diligence by enterprises.The Committee requests the Government to provide information on the measures adopted to support due diligence by enterprises in the public and private sectors, with an indication of whether measures have been taken in sectors where there are indicators of forced labour practices.

Article 4(2) of the Protocol. Absence of prosecution or penalties for illicit activities that victims have been compelled to commit. The Committee notes that, although section 70 of the Act to combat trafficking in persons and creating the National Coalition to Combat the Smuggling of Migrants (Act No. 9095 of 2012) provides that victims of the crime of trafficking in persons shall not be penalized, this provision would not appear to be applicable to victims of other situations that could also constitute forms of forced labour (servitude, under section 189 of the Penal Code, and forced labour, under section 189bis of the Penal Code). The Committee therefore requests the Government to indicate the system which is in place to give the guarantee of not being penalized is ensured for such victims.

Article 6. Consultation with employers’ and workers’ organizations.The Committee notes that workers’ and employers’ organizations are not members of the CONATT.It requests the Government to indicate whether consultations are held with employers’ and workers’ organizations on the application and evaluation of the National Policy to Combat Trafficking and if so, the method of consultation, as well as on the development and implementation of other policies to combat forced labour.

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

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.

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

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.

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

The Committee welcomes the ratification by Costa Rica of the Protocol of 2014 to the Forced Labour Convention, 1930. It hopes that the Government will provide detailed information on its application, in accordance with the report form adopted by the Governing Body.

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 31 August 2021 and the Government’s reply in that respect.

Articles 1(1), 2(1) and 25 of the Convention. Forced labour in plantations. Trafficking of Nicaraguan workers with the purpose of labour exploitation. The Committee notes that, in its observations, the CTRN refers to the situation of Nicaraguan plantation workers, mostly undocumented, who are victims of trafficking in persons for the workforce in pineapple and sugar cane plantations. The CRTN states that these workers are recruited by contractors, who provide them with false identity cards and offer them working conditions that are not fulfilled in practice , as they work up to 12 hours a day, without social security or conditions of occupational safety and health. Some workers do not receive the promised salary and therefore have no money for food or for their return trip to Nicaragua. Moreover, in some cases, they do not report the situation for fear of being deported.

The Committee notes that, in its reply to the CTRN’s observations, the Government does not provide specific information on the situation of Nicaraguan migrant workers. However, the Committee duly notes the various measures taken to strengthen the legal and institutional framework to combat trafficking in persons referred to in its direct request. The Committee notes in particular the establishment of contact working groups by the Public Prosecutor’s Office and the judicial and administrative police in the most vulnerable areas, identified as border areas and areas of lower socioeconomic development, to follow up and address the detection of cases of trafficking in persons.

Taking into account the situation of vulnerability to trafficking in persons for the purpose of labour exploitation in which many undocumented Nicaraguan workers may find themselves, the Committee requests the Government to take the necessary measures to: (i) ensure that the labour inspectorate can conduct inspections in plantations with a large presence of Nicaraguan workers; (ii) strengthen cooperation between the police, the Public Prosecutor’s Office, in particular the Prosecutor’s Office specialized in the crime of trafficking in persons, and the labour inspectorate to prevent, identify and investigate possible situations of trafficking of Nicaraguan nationals for the purpose of labour exploitation on pineapple and sugar plantations; (iii) facilitate access of Nicaraguan nationals to legal mechanisms so they can assert their rights; and (iv) provide these Nicaraguan nationals with immediate and comprehensive assistance and protection, independent of their migratory status. The Committee requests the Government to provide detailed information in this respect and also refers to its comments under the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

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

Direct Request (CEACR) - adopted 2018, published 108th ILC session (2019)

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 5 September 2017, reporting violations of the rights of certain workers employed in banana and pineapple plantations, particularly in relation to hours of work, conditions of work, social protection and trade union rights. The most vulnerable workers are migrant seasonal workers. The Committee notes the Government’s reply to these observations, received on 5 April 2018, in which it emphasizes the importance of the enforcement of labour legislation by the National Directorate of Labour Inspection and the fact that, during the period 2014–16, over 80 per cent of inspected enterprises had given effect to the measures recommended by the labour inspection services during pervious inspections. The Committee requests the Government to provide information on the supervision of conditions of work in banana and pineapple plantations in the context of its next report on the Labour Inspection (Agriculture) Convention, 1969 (No. 129).

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. General policy to combat trafficking. The Committee previously noted the Anti Trafficking Act, No. 9095 of 2013, intended to promote public policies to combat trafficking, strengthen the legal framework, establish a framework for the protection of victims and promote national and international cooperation. It also noted the establishment of the National Inter-institutional Coalition to Combat the Unlawful Smuggling of Migrants and Human Trafficking (CONATT), which has responsibility for developing, implementing and evaluating policies to combat trafficking, as well as the “Immediate Response Team” (ERI), responsible for coordinating protection, assistance and rehabilitation measures for victims. The Committee requested the Government to provide information on the policies adopted and the results achieved in the context of the implementation of the new Act and on the protection and assistance provided to victims and the judicial proceedings initiated in cases of trafficking in persons.

In its report, the Government indicates that the National Directorate of Labour Inspection did not record any cases of trafficking in persons in 2016 and 2017. Between 2014 and August 2017, the judicial authorities investigated 13 cases, of which eight have been set aside, two are ongoing and one is awaiting a preliminary settlement. The Committee notes this information. However, it notes with regret that the Government has not been able to provide information on the measures taken to combat trafficking in persons since the adoption of Act No. 9095. Nevertheless, the Committee notes, according to the information available on the website of the Ministry of Migration, that several activities have been carried out by the CONATT, including training and awareness-raising activities, such as the launching in November 2016 of the “Corazón Azul” (Blue Heart) Campaign. It also notes that funds have been assigned regularly to the CONATT for the development of a number of projects intended, for example, to strengthen action by the police and the collection of data on trafficking. Furthermore, a telephone line has been established through which this crime can be denounced free of charge and confidentially to the Judicial Investigation Body (OIJ). With regard to the protection of victims, an intervention protocol has been developed by the ERI with a view to improving the coordination of its action for victims.

The Committee also notes the adoption, on 9 September 2015, of the Regulations under the Anti-Trafficking Act (Executive Decree No. 39325). The Regulations provide for the publication, one year after their entry into force, of a National Policy for the Prevention and Comprehensive Action to Combat Trafficking in Persons, which will cover a ten-year period. The guidelines for the implementation of the policy are to be determined in the Strategic National Plan to Combat Trafficking in Persons and the Unlawful Smuggling of Migrants (PNE) (sections 7 and 8). Under the terms of section 34 of the Regulations, the various commissions of the CONATT are required to report annually on the activities undertaken for the implementation of the actions envisaged in the National Policy and the PNE. The Committee therefore requests the Government to provide detailed information on the adoption of the National Policy for the Prevention and Comprehensive Action to Combat Trafficking in Persons and the Unlawful Smuggling of Migrants (PNE). Please describe the measures adopted within the framework of these two instruments, and the activities undertaken by the CONATT in the fields of awareness-raising and prevention of trafficking in persons and the protection and assistance provided to victims.

2. Penalties. The Committee notes, according to the statistical information provided by the Government, that the number of cases referred to the judicial authorities and the number of convictions fell sharply between 2009–12 and 2014–17. The Committee requests the requests the Government to take the necessary measures to raise the awareness of the competent authorities concerning the phenomenon of trafficking in persons, both for sexual exploitation and for labour exploitation, and to reinforce their capacities for the identification of cases of trafficking and the repression of the perpetrators of this crime. Please provide information on the judicial proceedings initiated and the rulings handed down in cases of trafficking in persons. The Committee would also be grateful if the Government would provide information on the cases examined by the police and judicial authorities concerning the crime of labour exploitation set out in section 189 bis of the Penal Code.

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

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.

Direct Request (CEACR) - adopted 2011, published 101st ILC session (2012)

The Committee notes the communication dated 22 August 2010 received from the Confederation of Workers Rerum Novarum (CTRN), which contains observations on the application of the Convention by Costa Rica, as well as the Government’s reply to these observations, received on 30 March 2011. In its communication, the CTRN expresses concern about the working conditions of bus drivers employed by companies affiliated to the National Transports Chamber, especially as regards the excessively long hours of work (from 16 to 18 hours a day, not adequately remunerated). The Committee notes that, in its reply to these observations, the Government provides detailed information on the measures it has been taking to address the issues raised by the CTRN. The Committee hopes that the Government will pursue its efforts towards the strengthening of the legal framework regarding overtime and to ensure its effective implementation, thereby averting any risk of a forced labour situation. It also refers in this connection to its comments addressed to the Government under the Hours of Work (Industry) Convention, 1919 (No. 1).

Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its communication, the CTRN also expresses concern about the situation of migrant workers victims of trafficking for both labour and sexual exploitation in Costa Rica.

In its reply to the communication, the Government provides information on a number of measures it has been taking, in the last few years, to address the issue of trafficking in persons. As regards the legal framework to combat trafficking, the Government highlights the adoption of two laws in 2009: the General Law on Migrants and Aliens (No. 8764), 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), which among other things, modifies 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. The Government also indicates that labour inspections have been carried out by the Ministry of Labour and Social Security in order to monitor the application of the legislation in practice by employers, and to ensure that sanctions are imposed in case of non compliance. Finally, the Government provides information on prevention and awareness raising campaigns that have been carried out by the National Coalition against Trafficking in Persons in collaboration with UNICEF and the IOM.

While noting the above information, the Committee hopes that the Government will continue to make every effort to combat trafficking in persons, and particularly to protect and assist victims of sexual and labour exploitation. It requests the Government to continue to provide information on measures taken in this regard, as well as on the judicial proceedings initiated against those responsible for trafficking and related crimes, indicating the penalties imposed and the compensation provided to the victims.

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

1. Freedom to leave employment. The Committee notes the information provided by the Inter-Confederal Committee of Costa Rica, dated 26 August 1997, alleging the violation of several Conventions ratified by Costa Rica, and it also notes the comments made by the Government, dated 9 June 1998.

In its comments, the Inter-Confederal Committee indicates that, under section 14 of the regulations with respect to first division matches and competitions, all professional teams must, as employers, register their list of players with the Competition Department of the Costa Rican Football Federation, a private association composed of football employers. Without such registration, no football player may work officially in the employment of a sporting association. Under section 32 of the same regulations, if a footballer wishes to change employer, he must be removed from the list of players of the team for which he works. Furthermore, the Committee notes that article 6 of the FIFA Regulations governing the Status and Transfer of Football Players establishes, among other requirements for the approval of a new contract of employment, that the transfer has been carried out in accordance with the association's regulations where the transfer is from one club to another within the national association. The Inter-Confederal Committee indicates that, under sections 33 and 36 of the regulations with respect to first division matches and competitions, the removal of a player from the register prior to a change of employer may be permitted at the request of the employer, in accordance with the clauses of a contract of employment or by decision of an arbitration tribunal operating within the structures of the Football Federation.

In its comments, the Inter-Confederal Committee of Costa Rica alleges that, in practice, the employment contracts of footballers do not contain clauses covering the expiry of the contract or permitting the footballer to request his removal from the register. This practice, according to the Inter-Confederal Committee, means that footballers are in a situation of being contracted for life and, with regard to their removal from the list of players, they are dependent on the wishes of their employer. Furthermore, the Inter-Confederal Committee alleges that, when a footballer wishes to change employer, he is required to pay a sum of money or sign a discharge stating that nothing is owed to him under the terms of the labour legislation, under penalty of not being removed from the list.

The Committee notes that removal from the register, as a prerequisite for ceasing or changing employment, is not dependent on the wishes of the worker, but on the actions of the employer. The worker is therefore constrained to continue an employment relationship which was freely entered into, but which it should be possible for him to bring to an end, if he so wishes, by giving a reasonable period of notice.

The Committee would be grateful if the Government would provide its comments on the allegations made by the Inter-Confederal Committee of Costa Rica with regard to the freedom of footballers to leave their employment, the practice of footballers' removal from the register as well as information on any measures which have been taken or are envisaged to ensure compliance with the Convention in this respect.

2. Article 2, paragraph 2(c), of the Convention. With reference to its general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoner's work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

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

The Committee notes the Government's report in which it indicates, in reply to the previous direct request, that the draft text on the conditions of service of the professional police is still being examined by the Legislative Assembly.

The Committee recalls that the Government has been referring to this draft legislation since 1983. The Committee first raised the question in relation to the right of members of the police to leave their employment subject to notice of a reasonable length. Please indicate the present situation in this regard.

Direct Request (CEACR) - adopted 1994, published 81st ILC session (1994)

The Committee notes from the information supplied by the Government in its report that the draft text of the conditions of service of the professional police service is being examined by the Legislative Assembly.

The Committee requests the Government to supply a copy of the above text when it has been adopted.

Direct Request (CEACR) - adopted 1993, published 80th ILC session (1993)

The Committee notes that, according to the Government's indications in its report, the draft text of the conditions of service of the professional police service has not yet been adopted.

The Committee requests the Government to supply a copy of the above text when it has been adopted.

Direct Request (CEACR) - adopted 1992, published 79th ILC session (1992)

The Committee notes that the Government's report has not been recieved. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee takes note of the Bill to issue the Conditions of Service of the Professional Police Service, provided by the Government.

The Committee requests the Government to provide a copy of the above Conditions of Service as soon as they have been adopted.

Direct Request (CEACR) - adopted 1990, published 77th ILC session (1990)

The Committee takes note of the Bill to issue the Conditions of Service of the Professional Police Service, provided by the Government.

The Committee requests the Government to provide a copy of the above Conditions of Service as soon as they have been adopted.