IACHR files case with IA Court concerning violations of labor and trade union rights in Costa Rica

November 27, 2024

Washington, D.C. — On November 13, 2024, the Inter-American Commission on Human Rights (IACHR) submitted case 12.542 concerning Costa Rica to the Inter-American Court of Human Rights (IA Court). The case involves the denial of justice over dismissals and restrictions on union rights to the detriment of workers affiliated with the Fertica Workers Association (ATFE).

In 1995, the private company Fertilizantes de Centroamérica S.A. (FERTICA) dismissed its entire workforce, including 265 unionized employees and members of AFTE's Board of Directors, without giving the union prior notice. Judicial authorities later alleged that this mass dismissal aimed to eliminate the collective bargaining agreement in place at the time along with the benefits that derived from it. FERTICA subsequently rehired workers under new conditions governed solely by the Labor Code, leaving union-linked funds and committees inactive.

ATFE pursued multiple legal actions to defend its members' rights, denouncing antiunion practices and demanding the reinstatement of dismissed workers, payment of lost wages, and the reimplementation of the collective bargaining agreement. Although some court rulings recognized that violations had taken place, including overruling the dismissals and ruling in favor of the right to collective bargaining, these decisions were never enforced. The union has been repeatedly denied standing in court.

In Merits Report no. 331/22, the IACHR found that judicial and administrative decisions in Costa Rica had severely undermined the labor and trade union rights of dismissed FERTICA workers. It observed that the refusal to allow ATFE to take part in legal proceedings violated due process and disregarded its representatives' role as complainants. Furthermore, the misuse of legal standards, such as the application of criminal provisions rather than labor laws led to the expiration of key cases, which obstructed workers' access to justice.

The IACHR also highlighted the excessive delays in the labor proceedings, which went on for more than a decade without reasonable justification, Rulings issued in favor of workers remained unenforced for over 15 years, reflecting a lack of diligence by the State. It also observed inconsistencies in the application of constitutional appeals, which did not effectively address allegations of violations of labor rights and freedom of association, thus leaving victims unprotected.

The arbitrary dismissal of union representatives not only violated individual rights to freedom of association but also deprived workers of their right to collective representation. The State's failure to protect labor stability and ensure compliance with judicial rulings compounded this situation, leading the IACHR to conclude that Costa Rica failed to uphold its obligations to protect the labor, union, and judicial rights of the victims.

The IACHR found that these actions violated the rights enshrined in articles 8.1, 16.1, and 25 of the American Convention on Human Rights in conjunction with articles 1.1 and 26, to the detriment of the dismissed FERTICA workers and the ATFE.

To address these violations, the IACHR recommended that the State of Costa Rica undertake the following measures of reparation:

1. Immediately enforce pending legal sentences and ensure payment of amounts owed to workers, taking into account the long delays in implementing these rulings.
2. Provide full reparations for the violations in question, including material and moral compensation for workers and the families of deceased victims.
3. Implement measures to prevent future violations, including mechanisms for the prompt enforcement of judicial rulings, enhanced judicial authority to guarantee compliance with sentences, and training on the protection of union rights for authorities and other stakeholders.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 298/24

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