Human trafficking in Costa Rica

Women and children are trafficked into Costa Rica for sex trafficking and forced labor. Most girls are trafficked from Nicaragua, the Dominican Republic, and other Latin countries. Men and children are also vulnerable to forced labor, especially in agriculture and domestic areas of Costa Rica.[6]

In 2016, it was reported that 56% of those who were arrested in South America for trafficking were women while 44% were men. More women are being convicted in South America than men.[22]

The Government of Costa Rica sustained law enforcement efforts against human trafficking during the reporting period. Article 172 of the penal code, which was amended in April 2009, prescribes penalties of six to 10 years’ imprisonment for the movement of persons both across borders and within the country for the purposes of prostitution, sexual or labor servitude, slavery, forced work or services, servile marriage, forced begging, or other forms of compelled service. This statute also prohibits illegal adoption, which does not fall within the international definition of human trafficking. Sentences may be increased to eight to 16 years’ imprisonment under aggravated circumstances, such as the victimization of a child or a trafficker’s use of deception, violence, intimidation, or coercion. The penalties set forth in amended Article 172 are sufficiently stringent and commensurate with those prescribed for other serious crimes, such as rape.[29] Articles 376 and 377 of the penal code additionally prohibit child sex trafficking, prescribing penalties of two to four years’ imprisonment. Law 8754, passed in July 2009, authorized the use of expanded law enforcement and investigative measures, such as wiretapping and the use of anticipated testimonies, when undertaking human trafficking cases.[30]

Insufficient familiarity with the new legislation, however, hindered the enforcement of these laws, and the government continued to use other statutes to prosecute trafficking offenders involved in the commercial sexual exploitation of children. In 2017, it was reported that they opened 26 new cases and prosecuted 39 others dealing with those who trafficked others into the country.[31] The government operated a six-person smuggling and trafficking law enforcement unit, and worked closely with foreign governments in cases of transnational human trafficking. No government officials were prosecuted or convicted of trafficking-related corruption, although during the reporting period one government official was suspended and ultimately fired for his involvement in an alleged forced labor scheme involving Chinese youths; authorities were still investigating the case.[5] For the prostitution and sex tourism laws for visitors, the government claims to offer severe prosecution to those who enter the country advertising and/or encouraging trafficking and prostitution of persons and child.[32] To ensure the safety of child and protect them against human trafficking, the government has the prosecutor's office with a specialized Prosecution Unit against Trafficking in Persons while the judicial investigative police and Ministry of Labor and Social Security (MTSS) works to investigate cases of human trafficking against children.[33]

The Costa Rican government has continued to ensure trafficking victims received access to a basic level of victim assistance during the reporting period. The government provided some officials with training on how to treat trafficking victims; however, it has been reported that there has been no proactive efforts to search for trafficking victims among vulnerable populations, such as women or children in prostitution. Although there were no government-provided shelter services dedicated to human trafficking victims, the government referred some victims to basic care at short-term government shelters for women and children. The government often relied on NGO's and religious organizations to provide specialized care for trafficking victims, and there is no shelter nor protection for male victims.[34] Foreign victims were eligible for the same services as Costa Rican citizens. The government’s “immediate attention” protocol defined the steps for different government institutions to take to detect, identify, protect and provide integrated assistance to a victim, and the Immediate Action Team provided services to two potential trafficking victims during the reporting period. The government provided some limited legal and psychological assistance, though NGOs noted the need for greater government efforts to reintegrate victims into their communities.[23]

The government generally did not penalize victims for unlawful acts committed as a direct result of being trafficked. Officials treated some adult migrants as illegal immigrants, however, and deported them without taking adequate measures to determine if they were trafficking victims, and the majority of trafficking victims reported by the government were foreign citizens. Foreign nationals were eligible for work permits or refugee status, and the government had provisions in place to issue a special visa to foreign trafficking victims, though no victims received any of the above during the reporting period. A new immigration law, effective March 2010, authorizes temporary residency status specifically for foreign trafficking victims. Costa Rican authorities encouraged victims to assist with the investigation and prosecution of trafficking offenders, and the government created an enhanced witness protection program last year for victims of crime, though it was not yet fully operational.[5] In 2017, the Institutional Protocol for the Care of Minors and Survivors of Trafficking in Persons was established to detect a crime. The National Coalition against Migrant Smuggling and Trafficking in Persons (CONATT) provides services for human trafficking survivors. These services include food, housing, financial, legal, and psychological.[3]

In 2016, the Costa Rican government joined the Blue Heart Campaign, which was created by the UNODC to aid governments, organizations, and both media and private outlets to reveal, prevent, and fight against human trafficking within countries.[35] Bring awareness and education to the public will aid in the identification and elimination of trafficking within the communities. The following year, 2017, for the 5th time, Costa Rica and Panama paired up together to hold a walk to and from each country that aims to educate and shed light on human trafficking and how citizens can recognize and prevent it within their countries, which is supported by both Costa Rican and Panamainan law enforcement.[36] Another organization working within Costa Rica for prevention of the trafficking of Persons is the Face of Justice Association, where they are training both police officers and politicians throughout the country to educate them on victims of trafficking and on how to recognize and eliminate it. Fundación Paniamor is an organization in Costa Rica that was declared a public interest by Costa Rican State by Decree in 1989 due to their strong efforts to provide opportunities for adolescents so they can avoid being trafficked and exploited.[37]

Some NGO's currently working within Costa Rica include: Alianza por tus Derecho is an active organization that is aiming to generate programs that promote and validate the human rights children have to eliminate the exploitation and abuse they endure during labor.[38] Some programs they offer include a psychological support system that entails individual therapy and family therapy to rehabilitate their mental health while fixing the social stigma among the family.[39] The government sustained strong prevention efforts during the reporting year, training officials and employing partnerships with NGOs, international organizations, and foreign governments to increase public awareness about human trafficking. The government, in partnership with UNICEF and other international organizations, continued the “Don’t Let Them Lie to You” anti-trafficking prevention campaign, which reached a projected fifty percent of the adult and adolescent population between October 2008 and June 2009. The government in 2018 has pledged $25,000 of its budget to go towards this program.[40]