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Demande directe (CEACR) - adoptée 2011, publiée 101ème session CIT (2012)

Convention (n° 29) sur le travail forcé, 1930 - Costa Rica (Ratification: 1960)
Protocole de 2014 relatif à la convention sur le travail forcé, 1930 - Costa Rica (Ratification: 2020)

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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.
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