2019 Findings on the Worst Forms of Child Labor: Costa Rica

 

In 2019, Costa Rica made a significant advancement in efforts to eliminate the worst forms of child labor. The government published data from the 2018 National Household Survey, which includes information on the prevalence of child labor in Costa Rica. In collaboration with the International Labor Organization, the Ministry of Labor began implementing the Risk Module for Identifying Child Labor, which assists government officials in targeting communities at greater risk of employing child labor. In addition, prosecutors obtained sentences for three individuals on charges pertaining to the commercial sexual exploitation of children, and the government passed new laws on trafficking in persons, including one that increased the statute of limitations for victims. The government also adopted a new 4-year National Plan for Development that includes strategies for addressing child labor. However, children in Costa Rica engage in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also engage in child labor in agriculture. Furthermore, existing social programs are not accessible to workers in all sectors and the labor inspectorate lacks the authority to assess penalties for labor violations.

I. Prevalence and Sectoral Distribution of Child Labor

Children in Costa Rica engage in the worst forms of child labor, including in commercial sexual exploitation, sometimes as a result of human trafficking. Children also engage in child labor in agriculture. (1-10) Table 1 provides key indicators on children's work and education in Costa Rica.

Table 1. Statistics on Children's Work and Education

Children

Age

Percent

Working (% and population)

5 to 14

1.1 (8,071)

Working children by sector

5 to 14

 

Agriculture

 

35.5

Industry

 

9.8

Services

 

54.7

Attending School (%)

5 to 14

96.8

Combining Work and School (%)

7 to 14

1.1

Primary Completion Rate (%)

 

98.6

Source for primary completion rate: Data from 2018, published by UNESCO Institute for Statistics, 2020. (11)
Source for all other data: International Labor Organization's analysis of statistics from Módulo de Trabajo Infantil (ENHAO-MTI), 2016. (12)

Based on a review of available information, Table 2 provides an overview of children's work by sector and activity.

Table 2. Overview of Children's Work by Sector and Activity

Sector/Industry

Activity

Agriculture

Cultivating bananas, pineapple, vegetables, roots, and tubers (8)

 

Picking coffee (2,3,13-16)

 

Weeding, clearing land, and watering seeds (4,17)

 

Cattle raising, including for the production of milk (2,8,13,17)

 

Fishing,† including shellfish extraction (13,18)

Industry

Construction, including of buildings (2,8,17,18)

 

Mining† gold (17)

 

Manufacturing, activities unknown (2,18)

Services

Working in restaurants, shops, and hotels (2,8,18,19)

 

Street vending,† car washing, and repairing motor vehicles (2,8,10,13,17,20)

 

Domestic work (2,8,10,17,18,21)

Categorical Worst Forms of Child Labor‡

Commercial sexual exploitation, sometimes as a result of human trafficking (5,6,10,22,23)

 

Use in the production of pornography (17,24,25)

 

Forced labor in the agriculture, construction, fishing, street vending, and commercial sectors (7,24,26)

 

Domestic servitude (22,23)

 

Use in transporting or selling drugs, sometimes as a result of human trafficking (17,22)

† Determined by national law or regulation as hazardous and, as such, relevant to Article 3(d) of ILO C. 182.
‡ Child labor understood as the worst forms of child labor per se under Article 3(a)–(c) of ILO C. 182.

In 2019, Costa Rica published the results of its 2018 National Household Survey (ENHAO), which includes partial data on child labor. The survey found that 13,328 children between the ages of 12 and 17 were working in Costa Rica. (10,27) The Ministry of Labor's Office for the Eradication of Child Labor and Protection of the Adolescent Worker (OATIA) noted that working children in Costa Rica are employed in agriculture, domestic service, and street vending. Children in Costa Rica, including migrant children, are also subjected to commercial sexual exploitation, particularly in tourist destinations, border areas, and in the northern and Pacific coastal zones. (5-7,10,26) Costa Rica is also a destination country for child sex tourism, particularly with tourists from Europe and the United States. (22) Migrant children, typically from Nicaragua, are subjected to forced labor in agriculture, domestic servitude, and commercial sexual exploitation. (22,23,26)

Although preschool and general basic education are free and compulsory, children in rural areas, girls, LGBTI youth, and children from indigenous and Afro-descendant communities face challenges, such as discrimination and gender stereotypes, in accessing and completing their education. (1,5,28-30)

II. Legal Framework for Child Labor

Costa Rica has ratified all key international conventions concerning child labor (Table 3).

Table 3. Ratification of International Conventions on Child Labor

Convention

Ratification

ILO C. 138, Minimum Age

ILO C. 182, Worst Forms of Child Labor

UN CRC

UN CRC Optional Protocol on Armed Conflict

UN CRC Optional Protocol on the Sale of Children, Child Prostitution and Child Pornography

Palermo Protocol on Trafficking in Persons

The government has established laws and regulations related to child labor (Table 4). However, gaps exist in Costa Rica's legal framework to adequately protect children from the worst forms of child labor, including the prohibition of non-state military recruitment of children.

Table 4. Laws and Regulations on Child Labor

Standard

Meets International Standards

Age

Legislation

Minimum Age for Work

Yes

15

Articles 78 and 92 of the Childhood and Adolescence Code (31)

Minimum Age for Hazardous Work

Yes

18

Articles 1 and 5 of Law 8922; Article 87 of the Labor Code (32,33)

Identification of Hazardous Occupations or Activities Prohibited for Children

Yes

 

Article 94 of the Childhood and Adolescence Code; Article 5 of Law 8922; Article 88 of the Labor Code; Articles 5–6 of Regulation No. 36640 (31-34)

Prohibition of Forced Labor

Yes

 

Articles 20 and 56 of the Constitution; Article 8 of the Labor Code; Articles 7, 170–172, 189 bis, 192, 376, 381, and 383–384 of the Penal Code; Article 84 of Regulation No. 36659; Article 7 of the Trafficking in Persons Law (33,35-38)

Prohibition of Child Trafficking

Yes

 

Articles 7, 170–172, 189, 192, 376, 381, and 383–384 of the Penal Code; Article 84 of Regulation No. 36659; Article 5 of the Trafficking in Persons Law (35,36,38)

Prohibition of Commercial Sexual Exploitation of Children

Yes

 

Articles 160, 168, and 170–174 of the Penal Code (35)

Prohibition of Using Children in Illicit Activities

Yes

 

Articles 7, 188, 381, and 390 of the Penal Code; Article 77 of the Narcotics Law (35,39)

Minimum Age for Voluntary State Military Recruitment

N/A†

   

Prohibition of Compulsory Recruitment of Children by (State) Military

N/A†

   

Prohibition of Military Recruitment by Non-state Armed Groups

No

   

Compulsory Education Age

Yes

17‡

Articles 57 and 59 of the Childhood and Adolescence Code; Article 78 of the Constitution (31,38)

Free Public Education

Yes

 

Article 59 of the Childhood and Adolescence Code; Article 8 of the Education Law; Article 78 of the Constitution (31,38,40)

† No standing military (38)
‡ Age calculated based on available information (31,38)

In 2019, the National Assembly passed two laws related to trafficking in persons. (23) Law No. 9726 revised the definition of trafficking in persons published in the 2018 amendment to Article 5 of the Trafficking in Persons Law by removing the requirement of demonstrating movement of a victim and clarifying that means such as force, fraud, or coercion are not necessary to establish child trafficking. (36,41) Law No. 9685 extended the statute of limitations for victims to 25 years, which begins to run once the victim is age 18, for crimes involving sexual abuse, including child commercial sexual exploitation. (23,42)

During the reporting period, the government collaborated with the NGO Paniamor Foundation to amend the country's comprehensive list of hazardous occupations, with a final bill expected to be sent to the National Assembly in early 2020. The revisions would restrict the participation of minors in public presentations and some fishing activities. (10) The government also passed the Dual Law on Education and Forma Training No. 9728 in September of 2019. The law establishes the legal criteria and scope for adolescents over age 15 and under age 18 to participate in employment-related education and job placement alternatives. (43,44) Costa Rica's minimum age for work is lower than the compulsory education age, making children between 15 and 17 vulnerable to child labor exploitation.

III. Enforcement of Laws on Child Labor

The government has established relevant institutional mechanisms for the enforcement of laws and regulations on child labor (Table 5). However, gaps exist within the authority and operations of the Ministry of Labor and Social Security (MTSS) that may hinder adequate enforcement of their child labor laws.

Table 5. Agencies Responsible for Child Labor Law Enforcement

Organization/Agency

Role

Ministry of Labor and Social Security (MTSS)

Monitors and enforces provisions in the Labor Code related to child labor, including conducting inspections and verification at worksites to ensure children are not engaged in hazardous labor or engaging in work that compromises a child's education. (31) Through the Office for the Eradication of Child Labor and Protection of the Adolescent Worker (OATIA), responds to and attempts to prevent child labor through policy development and public awareness campaigns. (45) Protects adolescent labor rights by conducting school and workplace visits, providing referrals to government services, and writing socio-labor studies and technical reports to inform policies and programs. (19,31)

Attorney General's Office

Enforces criminal laws protecting children, including laws prohibiting forced child labor, human trafficking, commercial sexual exploitation of children, and the use of children in illicit activities. Coordinates with the Judicial Investigative Police, Immigration Police, Uniformed Police, and municipal police forces, and administers the following investigative and prosecutorial units: Specialized Prosecutorial Unit against Trafficking in Persons, Organized Crime Unit, Specialized Prosecutorial Unit for Gender Issues, and Juvenile Justice Unit. (10,17,46)

Judicial Investigative Police

Investigates child labor violations, including child trafficking, child commercial sexual exploitation, and the use of children in illicit activities. (23)

National Child Welfare Agency (PANI)

Leads the coordination of government and civil society efforts in child and adolescent protection. (47) Ensures that child labor victims receive social services, including temporary shelter, legal advice, counseling, and reintegration into the educational system. (31)

During the reporting period, the Institutional Technical Committee (CTI) of the National Child Welfare Agency (PANI) initiated revisions to the Protocol for Attention to Minor Victims of Trafficking based on a new management model adopted by PANI. The CTI also developed information-sharing capabilities using social media and mail services and planned training for at-risk minors through its mobile unit and early intervention center programs. (10)

Labor Law Enforcement

In 2019, labor law enforcement agencies in Costa Rica took actions to combat child labor (Table 6). However, gaps exist within the authority and operations of the MTSS that may hinder adequate labor law enforcement, including the ability to assess penalties.

Table 6. Labor Law Enforcement Efforts Related to Child Labor

Overview of Labor Law Enforcement

2018

2019

Labor Inspectorate Funding

$10,351,774 (1)

$14,000,000 (10)

Number of Labor Inspectors

121 (1)

123 (10)

Inspectorate Authorized to Assess Penalties

No (1)

No (10,33)

Initial Training for New Labor Inspectors

Yes (1)

Yes (10)

Training on New Laws Related to Child Labor

N/A (1)

N/A

Refresher Courses Provided

Yes (1)

Yes (10)

Number of Labor Inspections Conducted

15,873 (1)

18,082 (10)

Number Conducted at Worksite

15,873 (1)

18,082 (10)

Number of Child Labor Violations Found

42 (1)

23 (10)

Number of Child Labor Violations for Which Penalties Were Imposed

Unknown (1)

Unknown

Number of Child Labor Penalties Imposed that Were Collected

Unknown (1)

Unknown

Routine Inspections Conducted

Yes (1)

Yes (10)

Routine Inspections Targeted

Yes (1)

Yes (10)

Unannounced Inspections Permitted

Yes (1)

Yes (10,33)

Unannounced Inspections Conducted

Yes (1)

Yes (10)

Complaint Mechanism Exists

Yes (1)

Yes (10)

Reciprocal Referral Mechanism Exists Between Labor Authorities and Social Services

Yes (1)

Yes (10)

While the labor inspectorate identified 23 child labor violations during the reporting period, OATIA also identified 369 minors working, including 56 children under age 15. Meanwhile, PANI reported receiving 75 reports of minors engaged in child labor exploitation. (10) In 2019, three cases of child labor were forwarded to OATIA so that social services could be provided. (10)

The Labor Inspection Office has indicated that its 2019 budget was sufficient to meet its needs. (10) However, enforcement of child labor laws, particularly in rural areas, is reportedly challenging due to insufficient funds for travel, facilities, and per diem costs incurred during inspections. (1,17) In addition, the Labor Inspection Office indicated that the number of labor inspectors was insufficient to cover the target population. (10) The number of labor inspectors is likely insufficient for the size of Costa Rica's workforce, which includes more than 2 million workers. According to the ILO's technical advice of a ratio approaching 1 inspector for every 15,000 workers in industrializing economies, Costa Rica would employ about 148 inspectors. (48,49)

The labor inspectorate is authorized to give warnings to employers and conduct re-inspections. However, the authority to assess labor-related penalties rests with Labor Courts in the Judicial Branch. (10) Government monitoring and enforcement of child labor laws is also limited in the informal sector, in which most child labor occurs, especially hazardous adolescent work. (2,13,25,50,51) Informal work is more common in agriculture than in other sectors in Costa Rica. (2)

Criminal Law Enforcement

In 2019, criminal law enforcement agencies in Costa Rica took actions to combat child labor (Table 7). However, gaps exist within the operations of the criminal enforcement agencies that may hinder adequate criminal law enforcement, including training for criminal investigators.

Table 7. Criminal Law Enforcement Efforts Related to Child Labor

Overview of Criminal Law Enforcement

2018

2019

Initial Training for New Criminal Investigators

No (1)

Yes (10)

Training on New Laws Related to the Worst Forms of Child Labor

Yes (1)

Yes (10)

Refresher Courses Provided

Yes (1)

Yes (10)

Number of Investigations

Unknown

91 (10)

Number of Violations Found

13 (1)

79 (10)

Number of Prosecutions Initiated

2 (1)

16 (10)

Number of Convictions

Unknown

9 (10)

Imposed Penalties for Violations Related to The Worst Forms of Child Labor

Yes (1)

Yes (23)

Reciprocal Referral Mechanism Exists Between Criminal Authorities and Social Services

Yes (1)

Yes (10)

In 2019, the National Coalition against Migrant Smuggling and Trafficking in Persons (CONATT) identified two child victims of forced domestic labor and commercial sexual exploitation, one girl age 15 from Costa Rica and one girl age 15 from Nicaragua. (10) CONATT's Immediate Response Team certified that four minor girls were victims of trafficking in persons, including the two victims of commercial sexual exploitation, and referred them to social services. (23) Meanwhile, PANI reported identifying 73 victims of commercial sexual exploitation during the reporting period. (10)

In addition, investigators arrested two people on charges of sexual trafficking, remunerated sexual acts with minors, and dissemination of images containing sexual abuse of minors. Authorities identified six victims, five of whom were minors. (23) In March 2019, one of the traffickers was convicted and sentenced to 39 years in prison. (23) In a second case, three individuals were arrested on charges of commercial sexual exploitation of a minor. Two of the perpetrators were sentenced to 300 years and 19 years of prison respectively, and the third one was acquitted. (23) In 2019, authorities within the Attorney General's Office investigated 30 cases of remunerated sexual acts with minors, 2 cases of remunerated sexual relations with minors, and 1 case of attempted remunerated sexual relations with minors. (10) However, the Government of Costa Rica did not provide disaggregated data identifying the totality of criminal investigations and penalties issued in relation to the worst forms of child labor for inclusion in this report.

During the reporting period, the Specialized Prosecutorial Unit against Trafficking in Persons offered extensive training on trafficking in persons and related crimes, including those involving organized criminal organizations, to more than 50,000 individuals representing government agencies and the public. CONATT reached almost the same number of individuals through training it provided in 2019, significantly increasing the reach of its training compared to 2018. (23)

Reports indicate that the judiciary, prosecutors, and the police require additional staff, training, and resources to identify victims of human trafficking and commercial sexual exploitation, refer victims to appropriate social services, and investigate, prosecute, and convict perpetrators. (6,23,26,52) Costa Rica also lacks a database to track human trafficking cases, making it difficult to target enforcement and prevention efforts. (26)

IV. Coordination of Government Efforts on Child Labor

The government has established mechanisms to coordinate its efforts to address child labor (Table 8). However, gaps exist that hinder the effective coordination of efforts to address child labor, including sufficient resources to ensure coordination among relevant agencies.

Table 8. Key Mechanisms to Coordinate Government Efforts on Child Labor

Coordinating Body

Role & Description

MTSS Office for the Eradication of Child Labor and Protection of the Adolescent Worker (OATIA)

Coordinates government policies and programs to combat child labor. (2,4) Oversees the Inter-Institutional Coordinating Protocol for the Protection of Working Minors. (53) In 2019, OATIA worked with ILO to finalize the first phase of the Risk Module for Identifying Child Labor, which will enable authorities to proactively target child labor by identifying communities at risk. (10)

National Committee for the Elimination of Child Labor and the Protection of Adolescent Work

Develops and promotes policy and program initiatives focused on eliminating child labor and regulating adolescent work. Overseen by OATIA and includes a technical secretariat that comprises representatives from various sectors. (4,54) As part of the committee's work, in 2019 OATIA developed child labor and hazardous adolescent work eradication projects focusing on indigenous populations primarily in the Limon province, and projects in artisanal fishing in the Central Pacific region and the islands in the Gulf of Nicoya. (10)

National Coalition against Migrant Smuggling and Trafficking in Persons (CONATT)

Leads government efforts to combat human trafficking and coordinates with OATIA and the National Commission Against the Commercial Sexual Exploitation of Children and Adolescents (CONACOES). (6,17) In 2019, produced a documentary called Sobrevivir (Surviving), which includes testimonies of victims of trafficking as a tool to train public employees and civil society. Also created a training process focusing on labor exploitation for approximately 600 public employees and continued its training and awareness-raising programs during the reporting period. (10) In addition, CONATT worked on achieving final approval and publication of its Public Policy on Trafficking and Smuggling and the policy's implementation plan, and finalized a draft bill against the smuggling of migrants to combat labor exploitation. (10)

National Commission Against the Commercial Sexual Exploitation of Children and Adolescents (CONACOES)

Prevents the commercial sexual exploitation of children and provides assistance and protection to victims. (17) Led by the National Council of Childhood and Adolescence; coordinates with OATIA and CONATT to address the worst forms of child labor. (17,55) Underwent a restructuring process in 2019, which included the Institutional Technical Committee drafting new regulations for the commission. (10)

Reports indicate that coordination is lacking between institutions responsible for investigating the worst forms of child labor and those providing social services to victims. (4,6) OATIA has reported that its office needs additional staff to better assist children engaged in child labor and their families. In addition, OATIA has noted that its office shares one vehicle with two other MTSS units, which limits its ability to provide oversight of child labor programs. (46)

V. Government Policies on Child Labor

The government has established policies related to child labor (Table 9). However, policy gaps exist that hinder efforts to address child labor, including implementation.

Table 9. Key Policies Related to Child Labor

Policy

Description

Roadmap against Child Labor and the Worst Forms of Child Labor (2010–2020)

Aims to eradicate all forms of child labor in Costa Rica by 2020 by strengthening anti-poverty, health, and educational programs and policies, and by raising awareness of child labor. (56-58) During the reporting period, MTSS implemented the first phase of the Child Labor Vulnerability Model, including publishing national- and provincial-level vulnerability statistics on its website. (10,59)

Inter-Institutional Coordinating Protocol for the Protection of Working Minors

Outlines provision of services for child laborers through collaboration between MTSS, PANI, the Ministry of Public Education, and the Joint Institute of Social Assistance (IMAS), and their regional and local agencies and the private sector. (2,4,60) Research was unable to determine whether activities were undertaken to implement the protocol during the reporting period.

National Plan for Development (2019–2022)†

Outlines the government's objectives, priorities, and goals in the use of resources and in the implementation of policies, plans, and projects over a 4-year period. The plan incorporates labor rights, child welfare and development, and poverty reduction, and integrates child labor as an indicator for establishing decent work and reducing employment insecurity. (10,62)

†Policy was approved during the reporting period.

VI. Social Programs to Address Child Labor

In 2019, the government funded and participated in programs that include the goal of eliminating or preventing child labor (Table 10). However, gaps exist in these social programs, including the accessibility of programs to all relevant groups.

Table 10. Key Social Programs to Address Child Labor

Program

Description

Bridge to Development†

Aims to reduce poverty and eliminate vulnerability, including child labor, by providing social services to families in poor communities. (4,25,58,63) Relaunched in 2019 under the new administration, the program was expanded to cover more than 75 districts. (64)

Face of Justice Shelter†

NGO-run shelter for child victims of human trafficking that provides PANI-funded monthly subsidies to victims and care from full-time staff, including a trauma psychologist and health practitioner. (24,26) During the reporting period, assisted 30 victims of child commercial sexual exploitation and initiated a campaign to purchase the shelter in which it houses clients. (67) In 2019, PANI provided additional funding of $176,000 to support services for sexually exploited children and to increase Face of Justice's service quotas. (68)

Houses of Joy (Casas de la Alegría)†

Public-private alliance that provides culturally sensitive daycare and meals to Ngäbe Buglé, indigenous children whose parents work on coffee farms in Coto Brus. Aims to promote social inclusion and developmental opportunities for indigenous children and provide an alternative to child labor during the coffee harvest. (3,14,17,25,69-71) IMAS funds meals, caregiver salaries, and training; farm owners provide the land and classrooms, with financial contributions from UNICEF for building and teaching materials. (1,14,17,25,55,60,70) Assisted 737 children during the reporting period in Coto Brus and in new centers established in Tarrazu and Grecia. (10)

Let's Get Ahead Program (Avancemos)†

IMAS program that provides monthly conditional cash transfers to low-income families to keep children in school and out of exploitative work. (2,30,72) In 2019, 199,896 high school students received cash transfers and the government invested $95,000,000 in the program during the reporting period. (10)

USDOL-Funded Projects to Support Youth Apprenticeship

USDOL-funded, $3 million Youth Pathways to Leadership, Learning, and Livelihoods in Costa Rica (2016–2020) and $2.9 million Promoting Apprenticeship as a Path for Youth Employment in Argentina, Costa Rica, and Kenya through Global Apprenticeship Network (GAN) National Networks (2016–2019). (73,74) Additional information is available on the USDOL website.

† Program is funded by the Government of Costa Rica.

‡The government had other social programs that may have included the goal of eliminating or preventing child labor. (75,76)

Research indicates that Ngäbe Buglé, indigenous children in Costa Rica who migrate with their families to work seasonally on coffee farms, face additional challenges in accessing social services due to long distances to service providers, language barriers, and complications in obtaining required documents from government institutions. (3,14,15)

VII. Suggested Government Actions to Eliminate Child Labor

Based on the reporting above, suggested actions are identified that would advance the elimination of child labor in Costa Rica (Table 11).

Table 11. Suggested Government Actions to Eliminate Child Labor

Area

Suggested Action

Year(s) Suggested

Legal Framework

Ensure that the law criminally prohibits the recruitment of children under age 18 by non-state armed groups.

2016 – 2019

 

Raise the minimum age for work to be commensurate with the compulsory age for education.

2019

Enforcement

Authorize the labor inspectorate to assess penalties.

2014 – 2019

 

Publish information on the number of child labor violations for which penalties were imposed and collected, and disaggregate data related to the totality of criminal investigations conducted and penalties issued in relation to the worst forms of child labor.

2017 – 2019

 

Allocate sufficient resources to ensure regular labor inspections in rural areas and the informal sector, including child labor inspections, particularly in agriculture.

2015 – 2019

 

Increase the number of labor inspectors to meet the ILO's technical advice.

2015 – 2019

 

Ensure that the judiciary, prosecutors, and the police have sufficient staff, training, and resources to investigate, prosecute, and convict perpetrators of human trafficking and commercial sexual exploitation of children; and identify victims of child trafficking and refer them to appropriate social services.

2017 – 2019

 

Develop a mechanism to properly track human trafficking cases to improve enforcement and prevention efforts.

2019

Coordination

Strengthen coordination and information sharing between institutions responsible for investigating child labor and providing social services to victims.

2015 – 2019

 

Increase transportation and human resources for the Office for the Eradication of Child Labor and Protection of the Adolescent Worker so that the office can improve program oversight.

2015 – 2019

Government Policies

Ensure that government policies, such as the Inter-Institutional Coordinating Protocol for the Protection of Working Minors, are actively implemented, and report on regular activities.

2019

Social Programs

Enhance efforts to eliminate barriers and make education accessible for all children, including children in rural areas, girls, LGBTI youth, and children from indigenous and Afro-descendant communities.

2015 – 2019

 

Improve access to social services, particularly for migrant, Ngäbe Buglé indigenous children in coffee-growing areas.

2015 – 2019

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