Freedom in the World 1998 - Costa Rica

1998 Scores

Status: Free
Freedom Rating: 1.5
Civil Liberties: 2
Political Rights: 1

Overview

The February 1998 election of conservative opposition leader Miguel Angel Rodriguez strengthened the pattern of alternating power between the two largest parties in Central America's oldest and most stable democracy. In response to the growing use of Costa Rica as a transit country for cocaine shipments from South America, the government has reacted by instituting tough new regulations on money laundering.

The Republic of Costa Rica achieved independence from Spain in 1821 and became a republic in 1848. Democratic government was instituted in 1899 and briefly interrupted in 1917 and 1948, when the country was torn by a brief but brutal civil war. The 1949 Constitution, which bans the formation of a national army, has proved to be the most durable in Latin America.

The social democratic National Liberation Party (PLN) was the dominant party for nearly three decades. In the 1994 presidential elections, Jose Maria Figueres narrowly defeated Rodriguez, a conservative congressman, respected economist, and leader of the Social Christian Party (PUSC), the country's other principal political organization. Figueres, son of the legendary former President Jose "Pepe" Figueres, campaigned against the neo-liberal economic policies of outgoing President Rafael A. Calderon, Jr., of the PUSC. Despite his earlier campaign pledges, Figueres' last two years in office were characterized by some of the free market policies championed by his opponent in the presidential elections.

Jose Miguel Corrales, an anti-corruption crusader and former congressman and soccer star, sought the PLN nomination in the February 1998 presidential contest. He was opposed by Rodriguez, who won with slightly less than 47 percent of the vote. The PUSC, however, failed to win a working majority in the unicameral National Assembly and was forced to make an alliance with smaller parties to sustain its legislative program.

Costa Rica's heavily armed police appear unable to stem the increase in drug-related corruption and money laundering. Public safety has become a primary concern of the residents of San Jose, which had been a safe haven in a region wracked with violence.

Political Rights and Civil Liberties

Costa Ricans can change their government democratically. The February 1998 victory of presidential candidate Rodriguez, while far narrower than expected, reflected the domination of the political landscape by the PLN and PUSC. Allegations regarding drug-tainted campaign contributions continue to plague both major parties. New campaign laws have been instituted to make party financing more transparent. In the 1998 elections, analysts noted that the high rate of absention and spoilage of ballots reflected popular disillusionment with established parties and a sense of exclusion from the process.

The constitution provides for three independent branches of government. The president and the 57-member legislative assembly are elected for four years and are prohibited from seeking second terms. The assembly has equal power, including the ability to override presidential vetoes.

The judicial branch is independent, with members elected by the legislature. A Supreme Court with power to rule on the constitutionality of laws is in operation, as are four courts of appeal and a network of district courts. An independent national election commission is elected by the Supreme Court.

The judicial system is marked by delays that create volatile situations in the country's overcrowded, violence-prone prisons. The problem is linked to budget cuts affecting the judiciary and to the nation's economic difficulties, which have led to a rise in violent crime and clashes in the countryside between squatters and landowners. An estimated 420,000 Nicaraguans, or 15 percent of Costa Rica's total population, live in the country. More than half are there illegally. In the aftermath of Hurricane Mitch, Costa Rica declared a temporary amnesty for these and other Central American illegal immigrants.

Numerous charges are still made of human rights violations by police. Independent Costa Rican human rights monitors report increases in allegations of arbitrary arrests and brutality. An official ombudsman provides recourse for citizens or foreigners with human rights complaints. The ombudsman has the authority to issue recommendations for rectification, including sanctions against government bodies, for failure to respect rights.

The written press, radio, and television are generally free. Several independent dailies serve a society that is 90 percent literate. Television and radio stations are both public and commercial, with at least six private television stations providing an influential forum for public debate. At the same time, restrictive libel laws continue to dampen full exercise of press freedoms.

Constitutional guarantees regarding freedom of religion and the right to organize political parties and civic organizations are respected. In recent years, however, a reluctance to address restrictions on labor rights has been noted.

Solidarity, an employer-employee organization that private businesses use as an instrument to prevent independent unions from organizing, remains strong and has generally been tolerated by successive governments. Solidarity remains entrenched in Costa Rica's free-trade zones, where labor abuses by multinational corporations are rife. Minimum wage and social security laws are often ignored, and fines for noncompliance are minuscule. Female workers are often sexually harassed, made to work overtime without pay, and fired if they become pregnant.