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Comments adopted by the CEACR: Costa Rica

Adopted by the CEACR in 2022

C094 - Direct Request (CEACR) - adopted 2022, published 111st ILC session (2023)

Articles 2 and 5 of the Convention. Inclusion of labour clauses in public contracts. Supervisory measures and sanctions. In reply to the Committee’s previous comments, the Government indicates that a sworn declaration is required from all bidders involved in the procurement of goods and services for the Ministry of Finance. In the sworn declaration, contractor undertakes to ensure decent work and comply with fundamental rights and principles at work in line with the provisions of the ILO fundamental Conventions. In particular, the contractor undertakes to respect the principles regarding freedom of association and collective bargaining, the abolition of forced labour, the elimination of child labour and the elimination of discrimination in employment and occupation. Such conditions must be maintained throughout the duration of the contract. The Government provides a list of contracts awarded in 2019 which included the above-mentioned terms. The Government also indicates that other types of contract include other social and sustainable criteria such as an admissibility requirement or evaluation factors. For example, with regard to the rental of property by the Administration, such property must meet the requirements of the Act on equal opportunities for persons with disabilities regarding measures to eliminate physical obstacles in order to ensure accessibility for persons with disabilities. However, the Committee notes that the Government does not provide any examples of public contracts that include clauses ensuring to the workers concerned wages (including allowances), hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the trade or industry concerned in the district where the work is carried on (Article 2(1) of the Convention). As regards the implementation of the “National policy on sustainable public procurement”, the Government states that the Directorate of Supplies and Administrative Contracting at the Ministry of Finance is responsible for coordinating the necessary actions for implementing this policy, and also for establishing the National Steering Committee on Sustainable Procurement. The Government adds that, in line with the principle of regulatory centralization and operational decentralization, each contracting administration is responsible for carrying out its administrative procurement procedures and for evaluating them, in line with the legislation in force and the guidelines established by the above-mentioned Directorate. The Committee also notes the adoption of Executive Decree No. 42709 of 9 October 2020, which provides for the adoption of measures to encourage the participation of enterprises, including small and medium-sized enterprises (SMEs) and enterprises in the social economy, in government procurement, according to location and sustainability criteria. In this regard, section 3 of the Executive Decree establishes the following criteria to be followed with respect to public works: “(a) encourage the participation of enterprises and formally constituted organizations in the social economy as individual bidders or as a consortium in public procurement; (b) promote procurement through enterprises or organizations in the social economy located in socio-economically disadvantaged areas or located in or close to geographical areas where the services to be provided by the contract are required; and (c) foster, through public procurement, the creation of employment for social groups in vulnerable situations, such as persons with disabilities, women and young adults, with the purpose of creating greater social inclusion”. Lastly, the Committee notes that the Government has attached to its report an inspection and prevention record from the inspectorate of the Central-Pacific region (Puntarenas office), which includes information on offences recorded at an enterprise which was carrying out public works for the Ministry of Health. However, the Committee notes that the Government does not provide any statistical information on the number and type of offences detected at the national level. The Committee requests the Government to send examples of contracts concluded by the public authorities that contain the labour clauses prescribed by the “Guide to labour criteria in contracting procedures in Costa Rica”, in particular those which establish the obligation to ensure to the workers concerned wages (including allowances), hours of work and other conditions of labour which are not less favourable than those established for work of the same character in the trade or industry concerned in the district where the work is carried on (Article 2(1) of the Convention). The Committee also requests the Government to send detailed, up-to-date information on the impact of Executive Decree No. 42709 of 9 October 2020 on contracts concluded by the public authorities, including the rate of participation of SMEs and social enterprises in government procurement. It also requests the Government to provide up-to-date information on the application of the Convention in practice, including extracts of inspection reports and information on the number and type of offences recorded throughout the country.

Adopted by the CEACR in 2021

C138 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 31 August 2021.
Article 1 of the Convention. National policy and application of the Convention in practice. The Committee notes the indication of the CTRN that: (i) according to data for 2020 from the Costa Rican National Institute of Statistics (INEC), the average age of working children and young persons is 13.5 years, despite 15 years being specified as the minimum age by the Government; (ii) INEC records a total number of 6,706 working children between 12 and 17 years of age, 30.9 per cent of whom do not attend school.
The Committee notes the statistical information of the Office for the Prevention and Elimination of Child Labour and the Protection of Juvenile Workers (OATIA) in the Government’s report. In 2019, out of a total of 353 children under 18 years of age who were recorded as engaging in work, 94 of them were under 15 years of age. The Government indicates that most of these children were involved in fishing, agriculture and construction, and that they have been removed from work.
The Committee also notes the Government’s indication, in response to its request for information relating to its previous comments, that the National Roadmap Strategy 2010–20 for the prevention and elimination of child labour and the worst forms thereof was officially published in June 2018 (No. 41172-MTSS). It notes that OATIA carried out a number of activities in connection with its implementation.
The Committee further notes that, according to the Government’s report, as part of the Regional Initiative for No Child Labour in Latin America and the Caribbean, two measurement instruments have been designed, in conjunction with the ILO Regional Office for Latin America and the Caribbean and the United Nations Economic Commission for Latin America and the Caribbean, namely: (i) the child labour risk identification model; and (ii) the child labour vulnerability index. Both these tools enable the identification of the regions most at risk of child labour, but also the association of various factors with a view to defining which multisectoral actions are the most effective for contributing to the elimination of child labour. These are based on the roadmap and on the Ministry of Labour’s Institutional Strategic Plan 2018–22, which establishes a specific objective regarding the identification of areas at risk of child labour. The Committee requests the Government to provide detailed information on the regional measures and actions taken as part of the Regional Initiative for No Child Labour in Latin America and the Caribbean. It also requests the Government to continue providing detailed statistics on the nature, extent and trends of labour involving children and young persons who have not reached the minimum age specified by the Government at the time of ratification of the Convention, namely 15 years.
Article 3(1) and (2). Minimum age and determination of hazardous work. The Committee notes that, according to the Government’s report submitted in relation to the Worst Forms of Child Labour Convention, 1999 (No. 182), a bill is being drafted with a view to amending Act No. 8922 of 25 March 2011 on the participation of minors in public performances and in various activities in the fishing sector. The Committee requests the Government to provide information on any new developments regarding the planned legislative amendment and its application in practice.

C182 - Direct Request (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 31 August 2021.
Articles 3(d) and 7(2)(b) of the Convention. Worst forms of child labour and effective time-bound measures. Hazardous work and. . removing children from such work and ensuring their rehabilitation and social integration. Child domestic labour. In its previous comments, the Committee asked the Government to take the necessary steps to ensure that the legislation on hazardous types of work is effectively enforced in order to prevent young domestic workers under 18 years of age from performing hazardous work, and to indicate the number and type of violations detected and the number of persons prosecuted. The Committee also asked the Government to indicate the effective and time-bound measures taken to provide the necessary and appropriate direct assistance for the removal of children from the worst forms of child labour and for their rehabilitation and social integration.
The Committee notes the observations of the CTRN, which highlights the fact that child domestic work is often done without remuneration and is largely carried out by migrant children. The CTRN calls for a survey of child domestic labour to be carried out and for more comprehensive action by the Government.
The Committee also notes the statistics issued by the National Labour Inspectorate (DNI), which are contained in the Government’s report. Out of four cases of child domestic labour detected between January and June 2021, two cases are concerned with domestic work. The Committee notes that the United Nations Committee on the Rights of the Child, in its concluding observations of 4 March 2020 relating to the fifth and sixth periodic reports of Costa Rica, expressed concern at reports of the worst forms of child labour, particularly the employment of girls in domestic work and the employment of young persons in the informal economy. Noting the lack of information on the measures taken and the lack of statistical data on children in domestic work, the Committee once again requests the Government to provide detailed information on the measures taken to ensure that the legislation on hazardous types of work is effectively enforced in order to prevent young domestic workers under 18 years of age from performing hazardous work, and to indicate the number and type of violations detected and the number of persons prosecuted. Once again noting the absence of specific information on this point, the Committee also requests the Government to indicate the effective and time-bound measures taken to provide the necessary and appropriate direct assistance for the removal of these children from hazardous labour and for their rehabilitation and social integration.
Article 5. Monitoring mechanisms. Labour inspection. In its previous comments, the Committee asked the Government to keep it informed of the drafting and adoption of Bill No. 19130 to reinforce the application of labour standards by empowering the labour inspectorate to impose penalties so as to eliminate the need to bring all cases before the judiciary. It also asked the Government to provide information on the other measures adopted to reinforce the labour inspection system and to ensure the effective enforcement of the legislation.
The Committee notes the observations of the CTRN, which considers that the already low number of labour inspectors in the DNI has decreased and also observes a decrease in the number of inspections carried out by the DNI. However, the Committee notes that the Government in its report highlights the 25 per cent increase since 2016 in the budget allocated to the DNI, which, according to the Government, has increased the total number of labour inspectors (from 88 in 2017 to 122 in 2018), of offences detected (from 20,398 in 2016 to 29,339 in 2018) and of employees monitored (from 200,645 in 2016 to 300,000 in 2018).
The Committee also notes that Bill No. 19130 has been replaced by Bill No. 21185, aimed at modernizing the inspection framework to facilitate the work of labour inspectors. The Bill proposes a system of administrative penalties for labour offences, depending on whether they are classified as minor, serious or very serious. A register of repeat offences will also be proposed. The Committee further notes the setting up of a labour inspection school in 2019. Moreover, it notes the strengthening of coordination between the various agencies linked to the labour market, such as the Costa Rican Social Security Fund (CCSS), the DNI and the National Insurance Institute (INS), in the context of the national strategy for the transition to the formal economy. The Committee therefore encourages the Government to continue its efforts to reinforce the labour inspectorate in order to improve labour inspectors’ capacity to identify the worst forms of child labour. It requests the Government to provide information in this regard and also the results achieved, including the penalties imposed. It further requests the Government to keep it informed with respect to the drafting and adoption of Bill No. 21185.
Article 6. Programmes of action. In its previous comments, the Committee asked the Government to continue providing information on the implementation of the programmes and measures envisaged to achieve the objectives of the 2015–20 roadmap, and on the statistics compiled through the integrated national information system on child labour.
The Committee notes that in 2018, according to the Government’s report, various actions contained in the roadmap were implemented, including: assisting children by means of monetary transfer programmes; training officials in a number of ministries; the signing of a cooperation agreement between the Ministry of Labour and Social Security and the trade unions in order to incorporate actions for combating child labour and the worst forms thereof in trade union policy objectives; and the creation of the network of enterprises for the elimination of child labour. Moreover, four new components were added to the Puente al Desarrollo II (“Bridge to development II”) national strategy, linking work, agriculture, the community and prevention to the social protection of communities and families. The Committee requests the Government to continue providing information on the implementation of programmes in progress, and on the statistics compiled through the integrated national information system on the worst forms of child labour, disaggregated by age and gender.
Article 7(2). Effective and time-bound measures. Clause (a) Preventing the engagement of children in the worst forms of child labour. Trafficking of children and commercial sexual exploitation of children. In its previous comments, the Committee asked the Government to provide information on the specific results achieved as a result of the various coordination measures taken by national and international institutions to prevent children from becoming victims of trafficking and commercial sexual exploitation.
The Committee notes the statistics on the trafficking and sexual exploitation of children communicated by the National Foundation for Children (PANI). In June 2020, PANI registered 20 children between 9 and 12 years of age as victims of sexual exploitation; these children received comprehensive care from non-governmental organizations.
The Committee also notes the process for updating the 2017 protocol on child labour through consultations held in collaboration with the International Organization for Migration (IOM), the National Coalition against Migrant Smuggling and Human Trafficking (CONATT), and various state entities, in order to reinforce the protocol at the internal level. The Committee also notes various training courses for civil servants carried out in 2019, and also the creation of an institutional technical committee to take action within the Ministry of Labour and Social Security to address the issue of trafficking in persons. The Committee encourages the Government to continue its efforts to prevent children becoming victims of commercial sexual exploitation and requests it to continue providing statistical data on cases of child victims of trafficking and sexual exploitation, disaggregated by age and gender.
Article 8. International cooperation and assistance. Trafficking for commercial sexual exploitation. In its previous comments, the Committee asked the Government to indicate in detail the activities undertaken by the bipartite commission responsible for establishing and coordinating mechanisms to provide protection for young migrants, and particularly its international cooperation and assistance activities, and to indicate the measures adopted by PANI to protect and repatriate young migrants. The Committee also asked the Government to provide statistics on the number of child victims who have been identified and then repatriated to their country of origin.
The Committee notes the statistics from PANI, in the Government’s report, concerning the repatriation by region of children between 2017 and June 2020. A total of 2,310 repatriations were carried out, with 309 in 2017, 770 in 2018, 767 in 2019, and 464 from January to June 2021. The Committee indicates that, according to the IOM World Migration Report 2020, one of the most prominent intraregional migration corridors involves Nicaraguans, Panamanians and nationals of other Central American countries moving to Costa Rica. The Committee therefore requests the Government to continue its efforts to protect and repatriate young migrants. It requests the Government to continue providing information on the activities undertaken, particularly its international cooperation and assistance activities. The Committee also requests the Government to provide detailed statistics on the number of child victims, disaggregated by age and gender, who have been identified and then repatriated to their country of origin.

C182 - Observation (CEACR) - adopted 2021, published 110th ILC session (2022)

The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 31 August 2021.
Article 3(a) and (b) of the Convention. Worst forms of child labour. Sale and trafficking of children for commercial sexual exploitation; use, procuring or offering of a child for prostitution. The Committee previously requested the Government to intensify its efforts to ensure the thorough investigation and robust prosecution of persons who commit criminal acts such as the sale and trafficking of children for commercial sexual exploitation, and to ensure that assistance is provided to children in all cases. The Committee requested the Government to indicate the measures taken to implement the provisions of Act No. 9095 related to child victims of trafficking, and to indicate the number of investigations, prosecutions, convictions, and the penalties imposed in this regard.
The Committee notes that, according to CTRN, despite progress in combating the trafficking of children and young persons, the efforts made by the Government are inadequate, in view of the low number of convictions in cases of trafficking of children for commercial sexual exploitation.
The Committee notes, in the Government’s report, various amendments to the Penal Code concerning child victims of trafficking: (i) the amendment to Act No. 9685 of 21 May 2019, extending the limitation period for prosecutions in cases of sexual offences against minors; (ii) the amendment to sections 172 and 189 of Act No. 4573, increasing the length of prison sentences in cases of trafficking of children; and (iii) the amendment to section 5 of Act No. 9095 concerning the definition of types of trafficking to which children are subjected.
The Committee also notes that in 2018 the Office of the Deputy Prosecutor against trafficking in persons and migrant smuggling improved the institutional response at the local level, establishing “liaison prosecutors” in 23 territories in Costa Rica most affected by the trafficking of children. Local and inter-institutional teams for combating the trafficking of persons have also been set up, involving the prosecution authorities, the criminal investigation police, the Office for the Care and Protection of the Victims of Crimes, and the administrative, border and migration police forces in certain priority areas. The Committee notes that the Ministry of Public Education, as an active member of the National Coalition against Migrant Smuggling and Human Trafficking (CONATT), has developed a programme called “Training strategy for the teaching and student community for protection against child labour and its worst forms, trafficking in persons and migrant smuggling”. In 2019, a total of 553 persons were trained in these subjects by means of 20 workshops in seven regions of Costa Rica. CONATT also conducted awareness-raising courses for 500 local judiciary officials and representatives of civil society through the production of a training manual on offences related to the trafficking of persons for labour exploitation.
The Committee notes the different sources of statistical data between 2017 and 2019 concerning the trafficking of children for commercial sexual exploitation: (i) in 2017, the judiciary’s Directorate of Planning recorded a total of 137 complaints filed with the Public Prosecutor’s Office and the Judicial Investigation Agency, which resulted in 23 convictions and three acquittals; (ii) the 2019 report on the trafficking of persons indicates that the CONATT rapid response team recorded that there were two girls among 14 victims of trafficking for sexual exploitation; (iii) statistics for 2019 from the judiciary’s Gender-Based Violence Observatory, cited in the CTRN report, indicate a total of 32 victims of human trafficking (28 girls and four boys), 48 victims of pimping (36 girls and 12 boys), including nine cases of aggravated pimping and 58 cases of paid sexual relations with minors (44 girls and 14 boys); (iv) the 2019 report from the Directorate-General for Migration and Foreigners on trafficking in persons, which is attached to the Government’s report, indicates that out of 62 trafficking victims, two girls were victims of sexual exploitation and two girls were victims of domestic servitude. The Committee welcomes the Government’s efforts to combat the trafficking and commercial sexual exploitation of children. The Committee requests the Government to continue providing detailed information on the number of investigations, prosecutions, convictions and penalties imposed in this regard.
Article 7(2). Effective and time-bound measures. Clauses (a) and (c). Preventing children from becoming engaged in the worst forms of child labour and ensuring access to free basic education for all children removed from the worst forms of child labour. The Committee previously asked the Government to intensify its efforts to improve the operation of the education system through the Avancemos (“Let’s move forward”) and Yo me apunto (“I’m enrolling”) programmes to increase the school attendance and completion rates. It also asked the Government to indicate the results achieved through these two programmes and the National Scholarship Fund (FONABE), including the number of children, disaggregated by age and gender, who have been removed from the worst forms of child labour and reintegrated into the education system as a result of these programmes.
The Committee notes the indication in the Government’s report that the number of working minors aged between 5 and 17 years has decreased as a result of the coordination of different actions such as: (i) the Puente al Desarrollo II (“Bridge to development II”) national strategy; (ii) the use of scholarships and conditional money transfers enabling students to remain in the education system; (iii) a cooperation agreement between the Joint Social Assistance Institute (IMAS) and the Ministry of Labour and Social Security; and (iv) the Yo me apunto programme of the Ministry of Public Education. The Government also refers to a reduction in the child employment rate, which also coincides with an increase in the integration of persons under 18 years of age in the education system, compared with 2011.
The Committee also notes that, according to IMAS data for 2019, bursary funds and items for nursery and primary schools from FONABE have been transferred to IMAS for the purpose of a conditional monetary transfer programme called Crecemos (“We’re growing”), set up in 2019. A total of 188,960 children under 12 years of age and a total of 19,216 children between 13 and 18 years of age have been the beneficiaries of this programme. The Committee also notes the statistics of the Avancemos programme: the number of beneficiary children under 12 years of age was 60 in 2017; 88 in 2018; and 68 in 2019; as regards children between 13 and 18 years of age, the number of beneficiaries was 153,839 in 2017; 151,028 in 2018; and 148,696 in 2019. In 2020, a total of 157 children (48 girls and 109 boys) also benefited from this programme. While noting the Government’s efforts to improve access to free basic education for the most vulnerable children, to prevent their involvement in the worst forms of child labour, the Committee requests the Government to provide information on the school enrolment, attendance and completion rates in primary and secondary education, and also the school drop-out rate, including for the most vulnerable children. The Committee also requests the Government to indicate the number of children, disaggregated by age and gender, who have been removed from the worst forms of child labour and reintegrated in the education system through these programmes.
The Committee is raising other matters in a request addressed directly to the Government.
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