Committee on Economic, Social and Cultural Rights

Concluding observations on the fifth periodic report of Costa Rica *

1.The Committee considered the fifth periodic report of Costa Rica (E/C.12/CRI/5) at its 51st and 52nd meetings (see E/C.12/SR.51 and 52), held on 19 and 20 September 2016. It adopted the present concluding observations at its 79th meeting, held on 7 October 2016.

A.Introduction

2.The Committee welcomes the submission of the fifth periodic report of Costa Rica and the written replies to the list of issues (E/C.12/CRI/Q/5/Add.1), which were supplemented by the oral responses provided by the delegation. The Committee expresses appreciation for the constructive and open dialogue held with the high-level delegation of the State party. The Committee is pleased to have received the additional information offered during the dialogue.

B.Positive aspects

3.The Committee welcomes the following legislative and other measures taken by the State party:

(a)The amendment, in August 2015, of article 1 of the Constitution to recognize the multi-ethnic and pluricultural character of the State party;

(b)The adoption, on 30 June 2016, of the Act on the Promotion of the Personal Autonomy of Persons with Disabilities (No. 9379);

(c)The adoption, on 9 December 2015, of the Labour Law Reform Act;

(d)The adoption of the national employment and production strategy in August 2014.

4.The Committee welcomes the ratification of the Optional Protocol to the International Covenant on Economic, Social and Cultural Rights, on 23 September 2014.

5.The Committee welcomes the State party’s ratification of or accession to the following international instruments:

(a)The Optional Protocol to the Convention on the Rights of the Child on a communications procedure, on 14 January 2014;

(b)The International Convention for the Protection of All Persons from Enforced Disappearance, on 16 February 2012;

(c)The Convention on the Rights of Persons with Disabilities and its Optional Protocol, on 1 October 2008.

C.Principal subjects of concern and recommendations

Domestic application of the Covenant

6.While the Committee welcomes the examples provided by the State party of the direct application of the rights set out in the Covenant, it is concerned that those examples are limited in scope, since they relate mostly to the right to health and are confined to decisions of the Constitutional Chamber.

7. The Committee recommends that the State party take the necessary steps to promote the enjoyment of all the rights recognized in the Covenant at all levels of the judicial system. In this connection, the Committee encourages the State party to provide training that draws on the content of the Committee’s general comments concerning what those rights cover, publicizing the possibility of invoking the Covenant before the courts, with a special focus on judges, lawyers, law enforcement officials, members of the Legislative Assembly and other officials responsible for implementation of the Covenant. It also encourages the State party to organize awareness campaigns for rights holders. The Committee draws the State party’s attention in particular to general comment No. 9 (1998) on the domestic application of the Covenant and asks that it include in its next periodic report information on cases in which Covenant rights have been invoked by the national courts.

Rights of indigenous peoples

8.The Committee is concerned about the failure to consistently respect the right of indigenous peoples to prior consultation with a view to obtaining their free, prior and informed consent in respect of decision-making processes that may affect their ability to exercise their rights, in particular their economic, social and cultural rights. The Committee is also concerned that the bill on the autonomous development of the indigenous peoples has not yet been passed into law and that, although the State has recognized indigenous territories, in practice many of those territories are occupied by non-indigenous persons, a situation which has given rise to serious conflicts (art. 1).

9. The Committee recommends that the State party:

(a) Ensure that indigenous peoples are regularly consulted with a view to obtaining their free, prior and informed consent in respect of decision-making processes that may affect their ability to exercise their economic, social and cultural rights;

(b) Expedite discussions in the Legislative Assembly on the bill on the autonomous development of the indigenous peoples and set a specific time frame for the speedy enactment of the bill;

(c) Ensure and protect the right of indigenous peoples to own, use, develop and control the lands, territories and natural resources that they possess, including through suchlegal recognition and protection as may be necessary, and ensure that lands occupied by non-indigenous persons are returned to them.

Engagement with civil society

10.Although the Committee welcomes the establishment of a standing body for civil society consultation as proposed by the Inter-Agency Commission for the Monitoring and Implementation of International Human Rights Obligations, it is concerned that that body is not fully operational and that effective mechanisms are not in place for promoting collaboration between State bodies and civil society organizations (art. 2).

11. The Committee recommends that the State party step up its efforts to ensure that the Inter-Agency Commission for the Monitoring and Implementation of International Human Rights Obligations and the standing body for civil society consultation become fully operational in the nea