The information that follows adds to that provided in CRI27945.E of 16 October 1997.

Gay or homosexual-oriented, resorts, businesses and organizations continue to exist in Costa Rica. Current and recent information on the homosexual community in Costa Rica can be found at various Internet Websites. The personal Website titled The Gay & Lesbian Guide to Costa Rica, compiles information on gay organizations, including personal accounts of life and levels of tolerance or incidents in the country, gay-oriented resorts and businesses, publications, discussion groups and bulletin boards: http://hometown.aol.com/GayCRica/guide.html. Another personal Website provides an overview of two of the major gay and lesbian groups of Costa Rica: http:// www.geocities.com/WestHollywood/Village/5826/. There are also two Websites of the International Lesbian and Gay Association (ILGA) and the International Gay and Lesbian Human Rights Commission (IGLHRC), which contain overviews of Costa Rica, including mutually-corroborating reports on the 1998 incidents mentioned below: http://www.iglhrc.org/world/mex_centam_carib/index.html#CostaRica, and http://www.ilga.org/information/legal_survey/Americas/costa_rica.htm.

One of the cited sources indicates that there are at least six homosexual organizations, of which the most prominent is Triángulo Rosa, two magazines3/4Gente 10 and Del Mismo Sexo3/4and a community newspaper called Gayness (Gay & Lesbian Guide to Costa Rica 27 July 1999). The report contains a link and references to the Asociación Creativa de Empresarios (ACES), on which it states: "The LesBiGay Business Group, ACES, has on-going projects to promote Costa Rica as the wonderful gay/lesbian tourist destination that it is, as well as projects that support the well being of the local gay communities in Costa Rica" (ibid.).

In 1998, the Archbishop of San Jose, a local priest, and later the President, criticized an annual week-long gay festival that had been held for five years, resulting in a voluntary relocation and eventual cancellation by organizers (AP 4 Aug. 1998; ILGA 10 June 1999; IGLHRC Nov. 1998). The anti-gay rhetoric prompted formal complaints before the Supreme Court against the Archbishop and the priest, and before the Human Rights Ombudsman against the President, by a group of gay organizations and non-gay supporters (ibid.; Gay & Lesbian Guide to Costa Rica 27 July 1999). One report indicates that the Archbishop was acquitted by the Supreme Court in February 1999 (ILGA 10 June 1999).

The Bulletin Board of the Gay & Lesbian Guide to Costa Rica provides one person's account of this public incident of 1998 involving the Archbishop and figures involved, with comments on the situation of some gays in Costa Rica:

On August 2, 1998, at the annual pilgrimage to the Basilica in Cartago, the Archbishop of Costa Rica, and the President of Costa Rica made statements denouncing the planned "Gay Tour Package Event" in Quepos. We believe that they did not have accurate information about the event, or about gay tourism in general. A demonstration was staged by 4 adults (including the local priest and a school teacher), and a number of young school children in Quepos. Having lived in Manuel Antonio/Quepos for a year, I can attest to the fact that the majority of residents there did not support this action, and were embarrassed by these few. Four of us from the Board of Directors of ACES, met with the Minister of Tourism, Sra. Aida Fishman. It was clear during this meeting that the government was confusing Gay Tourism with Sex Tourism.

This "little slap in the face" woke the lesbigay community up! The six existing lesbigay community organizations immediately got together to discuss ideas and strategies. A seventh group was created of gay and non-gay lawyers, (15 at the first meeting!), focusing on legal avenues for changing the discriminatory laws that are inconsistent with the Constitution of Costa Rica articles guaranteeing equal treatment of all people. The Ombudswoman's Office cited several infractions of laws that occurred when the President and Archbishop, as well as a local tv/radio priest made their statements. The lesbigay community is confident that this has created a great opportunity to bring the topic out into the open, and make corrections in the laws as needed. If this process does not proceed smoothly, it could get very dramatic before all is resolved. It is noteworthy, that unlike the U.S., Costa Rica has laws that prohibit any person or group to incite hatred toward another person or group! ...

There are ... priests currently living with AIDS, afraid of being thrown out onto the streets if their illness is discovered. There are people very high up in the government who are known to be gay or bisexual. We are hoping that these people will have enough self-esteem and integrity to help support the efforts to change all laws which create a double standard for members of the Lesbigay Community. If they don't, the practice of OUTING may make things quite interesting! This would be unfortunate, because it robs the outed person of the opportunity to demonstrate their own self-esteem, pride, honesty, and integrity. (ibid.)

Another development of significance to the gay community of Costa Rica in 1998 was a decision by the Supreme Court of Costa Rica, which ordered the social security service in September to pay for comprehensive AIDS medication to a patient (ILGA 10 June 1999). In March of same year, a gay teacher ill with AIDS was reportedly transferred from his teaching position to an administrative one at the behest of parents (ibid.).

Like the ILGA and IGLHRC Websites cited, the above-quoted Bulletin Board also mentions other reported events and incidents related to the gay and lesbian community of Costa Rica.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum.

References

Associated Press (AP) Worldstream. 4 August 1998. "Critics Drive Costa Rican Homosexual Festival Into Secrecy." (NEXIS)

The Gay & Lesbian Guide to Costa Rica [San Jose]. 27 July 1999. "ACES," and "Bulletin Board." http://hometown.aol.com/GayCRica/guide.html [Accessed 9 Aug. 1999]

The International Gay and Lesbian Human Rights Commission (IGLHRC), San Francisco. November 1998. "Costa Rican Gay Association Fights Discrimination by Church and Government Officials." http://www.iglhrc.org/world/ mex_centam_carib/index.html#CostaRica [Accessed 9 Aug. 1999]

The International Lesbian and Gay Association (ILGA), Brussels. World Legal Survey. "Costa Rica." http://www.ilga.org/information/legal_survey/americas/ costa_rica.htm [Accessed 9 Aug. 1999]

The manager of the Planning Department (Departamento de Planificación) at the Migration and Foreign Affairs Directorate (Dirección de Migración y Extranjería) of the Ministry of Public Security (Ministerio de Seguridad Pública) in San José provided the following information in a 28 July 1999 telephone interview. The department is in charge of formulating new policies in matters related to migration and foreigners.

The conditions and requirements for admission, entry and residence of foreigners in Costa Rica are outlined in the Ley General de Migración y Extranjería y Su Reglamento, published in the La Gaceta, the country's official paper, on 13 August 1986 and 31 May 1989. As Article 51b indicates, a foreigner may have his/her residency or stay (permanencia) cancelled if he/she has lived outside the country for a period exceeding one year. This one-year rule applies to those foreigners with permanent resident status, while those with temporary resident permits must not live outside the country for more than six months. However, if one exceeds the period of time permitted by law outside the country, he/she can provide an explanation in writing to the National Council of Migration (Consejo Nacional de Migración), which advises the Dirección General de Migración y Extranjería on migratory policies, as to the reasons for being abroad. The Council studies each case and renders its decision based on the reasons of the particular case. In practice, a residency permit is not cancelled automatically when a person re-enters the country after overstaying the six month or one year period permitted by law. Generally, an individual with a residency permit would still use it upon returning to Costa Rica and would not need to obtain a visitor's visa.

Central Americans and Spaniards may make a request for Costa Rican citizenship after five years of residency, while all other foreigners must reside in the country for at least seven years. However, for foreigners who are married to Costa Rican citizens, citizenship may be obtained after two years of permanent residency.

The manager was unable to provide information as to whether or not previous time in Costa Rica would count as part of the requirement for obtaining citizenship. Attempts to obtain additional information from the Costa Rican Consulate in Montreal were unsuccessful within the time constraints of this Response.

Additional information on residency requirements for foreigners in Costa Rica can be found in CRI8120 of 13 March 1991 and CRI31670.E of 30 April 1999.

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

Reference

Departamento de Planificación, Dirección de Migración y Extranjería, San José. 28 July 1999. Telephone interview with the manager.

Additional Sources Consulted

Research Directorate's Legal File on Costa Rica.

Electronic Sources: IRB Databases, REFWORLD and Internet.