A/HRC/13/56
685. On the issue of trafficking in persons, the delegation referred to important measures
taken to address the issue, in particular the law for the protection of victims and witnesses,
as well as a new law on migration, which contemplated the regularization of victims of
trafficking migration.
686. Costa Rica had been a strong advocate of the eradication of torture and other cruel
and inhumane treatment, according high priority to its prevention. In this regard, the
national preventive mechanism conducted periodic visits to detention centres, including
administrative detention centres for irregular migrants.
687. Regarding the issue of migrant workers, the delegation referred to the new law on
migration, which included a human rights perspective, and guaranteed closer supervision of
enterprises and employers for the effective respect of labour rights, also setting a limit of 24
hours for the detention of foreigners in irregular situations.
688. Costa Rica did not accept two recommendations, 1 and 5 of paragraph 92. The
delegation explained that it had not, nor would it in the near future consider the ratification
of the International Convention on the Protection of the Rights of All Migrant Workers and
Members of Their Families, as this instrument did not reflect a common interest between
countries of origin with important migration movements and recipient countries. Costa Rica
had legislation and jurisprudence that reflected the principles of the Convention,
guaranteeing the full enjoyment of their rights to migrant workers and their families. It did
not accept a recommendation which would refer to a provision within the Central American
regional integration system, as it considered it not to be applicable to the sphere of human
rights, but more to the regional political framework.
689. The delegation referred to the recommendation to ratify the Optional Protocol to the
International Covenant on Economic, Social and Cultural Rights (para. 92, recommendation
3), which it had initially not accepted, but did now.
690. Costa Rica took note of four recommendations that remained pending (see
A/HRC/13/15/Add.1). Since the country had recently elected a new president, a number of
decisions were pending the definition of new policies and actions by the new
administration. Three of the recommendations related to the rights of homosexuals and
transgender persons. The fourth referred to granting the same status to all religious
marriages, which had to be evaluated by the Legislative Assembly, which would have a
new composition in May 2010.
691. Costa Rica stressed that it remained committed to its development model and the
social rule of law.
692. In conclusion, the delegation highlighted Costa Rica’s commitment to the universal
periodic review, noting that it was important, within the framework of the review, to
develop the necessary modalities for the recommendations to be more useful and of a better
quality. In line with the provisions contained in Council resolution 5/1, Costa Rica
suggested that the troika, with the assistance of OHCHR, should filter and group the
recommendations better. It suggested the elimination of recommendations on issues already
implemented, those that referred to issues on the normal functioning of government, those
that had no relevance to human rights, as well as all congratulatory statements. It was also
important not to duplicate or replicate recommendations from the treaty bodies and special
procedures mechanisms. Costa Rica supported the idea put forward by the High
Commissioner to establish a follow-up mechanism to the universal periodic review
outcomes, and hoped that more support in this regard would be provided, including to
systematize the recommendations and to establish follow-up mechanisms.
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