Institutional Policy to Provide Access to Justice to Migrant and Refugee Populations

Institutional Policy to Provide Access to Justice to Migrant and Refugee

PopulationsJudiciary of Costa Rica

MSc. Sara Castillo VargasCEO

CONAMAJ

Institutional Policy to Provide Access to Justice to Migrant and Refugee Populations

Ibero-american Background

XIV Ibero-american Judicial Summit, held in Brasilia in March 2008.

Representatives of authorities of Judicial Branches and Constitutional Courts of Spain, Andorra, Portugal, Latin America, and the Caribbean.

The “Rules for Access to Justice for Persons in Vulnerable Situations” were approved.

These rules provide effective protection of the rights of persons in vulnerable situations requiring effective access to justice as a fundamental right.


Background in Costa Rica

The Brasilia Rules were approved in an extraordinary session of the Full Court of Costa Rica, No. 17-2008 of May 26, 2008, Article II.

Follow-up in implementing the Rules from the Commission on Judiciary Accessibility of Costa Rica. Currently it is called Comisión de Acceso a Justicia (Commission for Access to Justice).

Identification and assignment of units or departments in charge of implementing the rules for populations in vulnerable situations.

The Brasilia Rules provide that the movement of persons outside the territory of their State of nationality may be a cause for vulnerability, especially in the case of migrant workers and their families.

In addition, the Rules recognise the special protection that should be given to persons that have been granted refugee status, as well as to refugee status applicants.



International and National Regulations

Costa Rica is a signatory and ratifying party of international conventions and treaties on migration and refuge protecting the right to equality, non-discrimination, access to justice, and special protection, among others.

In March 2010 a new Migration and Immigration Act (No. 8764) came into force. Article 31 states:

“All foreign nationals have the right to access to justice, to respect of the guarantees of due process, the right of defence, and the right to request and response”.

This Act has a strong focus on integration, which is new in Costa Rican immigration legislation.


The National Commission for the Improvement of Justice Administration (CONAMAJ) was appointed to advance efforts relating to migrant and refugee populations, given its record in defending and making visible the rights of this population.

In 2008, group discussion sessions were held on institutional challenges in serving this population. This process was participatory and inclusive. Jurisdictional, administrative, and auxiliary bodies of the Judiciary of Costa Rica were summoned. Additional participants included UN agencies (IOM and UNHCR), Office of the Ombudsman, Directorate of Migration and Immigration (of the Executive) and representatives of migrants and civil society.

Work Process


Two research papers were prepared, which served as the basis for the rest of the process:

Work Process

In 2009, the development of an institutional policy proposal was initiated regarding access to justice for migrant and refugee populations.

1. “Estado de la situación de acceso a la justicia y la tutela efectiva de los derechos de las poblaciones en condición de vulnerabilidad. Población migrante y refugiada” (2008).2. “Consideraciones para el trabajo de los y las funcionarias del Poder Judicial de Costa Rica en torno a características específicas de la población migrante y refugiada” (2009).


In 2010, previous efforts were enriched with further consultations, deepening the research and specialised approach of highly technical issues such as the crime of human trafficking and the correct treatment of victims.

Finally the final document was obtained, which was sent to the Full Court of the Judiciary of Costa Rica and was approved at Session No. 32-10, November 8, 2010.

Work Process


During the approval and policy implementation process, the main constraints have been the fight against stereotypes associated to these populations, internal budgetary support, structure and institutional formalism, and compliance with administrative regulations to the detriment of service and respect for the fundamental rights of persons.

Limitations

The primary problems identified are the difficulties of irregular migrants (without documents or with expired documents) to gain access to justice.


To ensure access to justice for every migrant and refuge seeker irrespective of their condition and socio-legal status, based on implementation of an institutional culture that promotes and protects the human rights of migrants and refugees.

Objective of the Policy

Priority lines of action: research, information, legal procedural actions, timely communication, follow-up on cases of migrants and refugees within and outside the country, and inter-institutional coordination.

Lines of Action


Since 2011, the policy coordinating and implementing body, Subcomité de Migración y Refugio (Subcommittee for Immigration and Refuge), initiated operations.

Progress and Monitoring

The Sub-committee is a cross-actor and cross-sector body. It is chaired by the President Judge of the Constitutional Court due to her relationship with the protection of human and fundamental rights. CONAMAJ operates as a Technical Secretariat.

In addition, the Sub-committee includes representatives of the Public Prosecutor’s Office, Public Defender, the Judiciary, Judicial Police, the Executive, UN agencies, and civil society.


Two action plans are in place for training and communication, in order to advance these sensitive areas within the Judiciary. The plans have been approved by the Sub-committee and are being implemented since 2012.

Progress and Monitoring

Topics that have been discussed: Coordination actions to improve access to services by migrants and refugees, as well as standardisation of services and treatment of migrant or refugee users, links to share inter-institutional information, and updates on migration issues.


Challenges

• An extensive area of work in terms of awareness-raising, training, and dissemination within the Judiciary (2012-2013). • Applying the basis of the policy: Access to justice irrespective of migration status.

• Reflecting on the prioritisation of legal goods and human rights, as well as an organisational culture change in the Judiciary and its traditional manner of operating.


Key Factors

• The body coordinating policy implementation should be a cross-actor and cross-sector space. • Support from other public institutions and international agencies in development and implementation.

• Leadership by a judicial authority to provide political support to the initiative.

• To include civil society representatives in order to balance and expand the vision of the needs and realities of this population.

Noveno piso, Edificio de la Corte Suprema de Justicia, oficina # 905, Apartado Postal 101-1003 San José. Tel. (506) 2295-3322, fax (506) 2233-7776, or e-mail: [email protected]

Website: www.conamaj.go.cr

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Institutional Policy to Provide Access to Justice to Migrant and Refugee Populations