IOM counter- trafficking experts provided guidance and input for
the country's recently passed legislation that defines human
trafficking and provides more effective tools to punish the
perpetrators.

The new law, passed by the Costa Rican National Assembly,
typifies the crime of human trafficking, includes longer jail
sentences for those found guilty of trafficking, and provides
protection for victims and witnesses participating in judicial
processes.

As part of the National Coalition Against Human Trafficking, IOM
participated in the drafting of various articles and in the
revision of the penal code related to human trafficking.

A recent IOM study had confirmed some shortcomings in the
existing legislation and its application. 

"In Costa Rica, human trafficking was already a crime but jail
terms were limited.  Also, the law did not include internal
trafficking and limited the ability of the presiding judge to
interpret the law.  And crimes, such as organ trafficking and
labour exploitation were not clearly sanctioned," explains Ana
Hidalgo, IOM Regional Counter-Trafficking Coordinator.

The new law is based on the Palermo Protocol which includes
forced marriages, domestic servitude, illegal organ extraction,
slavery, as well as internal trafficking.

It also calls for harsher penalties when a government employee
uses his or her position to commit the crime, when the crime is
committed by two or more persons (making it organized crime), when
the trafficker is a blood relative of the victim, and when the
victim's health was impacted.

IOM was instrumental in making sure that provisions were
included to ensure the protection of victims during judicial
procedures.  This includes the right to receive information in
a language spoken by the victim and to be protected by a migration
mechanism that prevents their immediate deportation.

"This protection mechanism is very specific to victims of
trafficking, because many victims are foreigners.  So while
the investigation is underway, while the risks to their person are
being evaluated, and better alternatives for their future are
found, the victims are protected under this special migration
status," explains Luis Fernando Centeno, IOM's Legal
Consultant.

The latest reforms in the Criminal Code allow judges to hold a
private trial in human trafficking cases, and to receive victims'
statements using special techniques such as through video
conference or recorded by the Gessell Camera which protects their
identity.

These new tools will help IOM and other organizations involved
in combating human trafficking to provide better protection and
assistance to victims of trafficking.

Costa Rica is a country of origin, transit and destination for
human trafficking.  There is evidence of Costa Rican nationals
being trafficked outside of the region and of foreigners, from as
far away as Romania, being brought into the country as victims of
trafficking.  Internal trafficking has also been
evidenced.

For more information, please contact:

Ana Beatriz Fernández

IOM Costa Rica

Tel. +506. 222. 15348, ext. 136

E-mail: "mailto:afernandez@iom.int">afernandez@iom.int