Costa Rica's Government
Costa Rica is a democratic republic, as stated by the 1949 Constitution, which guarantees all citizens and foreigners equality before the law, the right to own property, the right of petition and assembly, freedom of speech, and the right to habeas corpus, among others. The government is divided into independent executive, legislative, and judicial powers. This "separation of powers" is sipulated under Article 9 of the Constitution. In 1969 an amendment ruled that neither the incumbent president nor any other president may be reelected.
Costa Rica's executive power is composed of the president, the vice-presidents, and the ministers, all of them conform a group of 17 members called Government Council. Legislative power is vested in the Legislative Assembly, an unicameral body composed of 57 members elected from proportional representation. Diputados are elected in a period of four year period and can be reelected four years later. The Assembly holds the power to amend the president’s budget and to appoint the Comptroller General, who checks public expenditures and prevents the executive power from overspending.
Costa Rica's Legislative Assembly also appoints the Supreme Court judges for a minimum term of eight years. They are automatically reappointed unless voted out by the Legislative Assembly. Twenty-four judges now serve the supreme court. These judges, in turn, select judges for the civil and penal courts. Together the courts have done much to enforce constitutional checks on presidential power. The courts also appoint the three permanent magistrates on the Special Electoral Tribunal, an independent body that oversees each election and is given far-reaching powers. The tribunal appointees serve staggered six-years terms and are appointed one every two years to minimize partisanship.
Costa Rica's seven provinces, Alajuela, Cartago, Heredia, Limon, Puntarenas, Guanacaste and San Jose, its capital, are ruled by a governor appointed by the president. The provinces are subdivided into 81 counties, which are divided into a total of 421 districts ruled by municipal councils. The provinces play only one important role: as electoral districts for the Legislative Assembly. The number of deputies for each province is determined by its population, with one member for every 30,000 people; seats are allotted according to the proportion of the vote for each party. In the past three decades, the municipalities have steadily lost their prerogatives of central authority and now are relegated to fulfilling such functions as garbage collections, casino and liquor licensing and public lightning and upkeep of the streets.
Judiciary System
The judiciary consists of justices of the peace, lower courts, labor courts, a court of cassation, two civil courts of appeal, two penal courts of appeal, and the Supreme Court, the highest court in the land. The Supreme Court is composed of 22 justices chosen for eight-year terms by the Legislative Assembly. Justices are automatically reelected for an additional eight-year term unless the Legislative Assembly votes to the contrary by a two-thirds majority. The Assembly also names 25 alternates from a list of 50 names submitted by the Supreme Court, and vacancies on the court are then filled by lot from the list of alternates. Relatives of incumbent justices are ineligible for election. The Supreme Court, by a two-thirds majority, can declare legislative and executive acts unconstitutional. Justices of lower courts are appointed by the Supreme Court, but justices of the peace are appointed by the minister of government acting for the president. Capital punishment has been abolished. The judiciary is independent of the legislative and executive branches and assures fair public trials. Public security forces generally observe procedural safeguards established by law and the 1949 constitution. The constitution prohibits arbitrary interference with privacy, family, home, or correspondence. Judges may approve use of wiretaps in limited cases, primarily to combat narcotics trafficking.
The President of Costa Rica
Óscar Arias Sánchez (born 13 September 1940, in Heredia, Costa Rica) is the current President of Costa Rica, a position he also held from 1986-1990. In 1987 he received the Nobel Peace Prize for his efforts to end civil wars then raging in several Central American countries.
He is also a recipient of the Albert Schweitzer Prize for Humanitarianism and a trustee of the Economists for Peace and Security. In 2003, he was elected to the Board of Directors of the International Criminal Court's Trust Fund for Victims.
FIRST PRESIDENCY
Arias joined the National Liberation Party (Partido Liberación Nacional, or PLN), Costa Rica's main social democratic party. In 1986 he ran successfully for president on that party's ticket. Arias's presidency saw the transformation of Costa Rica's economy from one based on the traditional cash crops (coffee and bananas) to one more focused on non-traditional agriculture (e.g., of exotic flowers and fruits) and tourism. Some within the PLN criticized his administration for abandoning the party's social democrat teachings and promoting a neoliberal economic model.
Arias received the 1987 Nobel Peace Prize for his work towards the signing of the Esquipulas II Accords. This was a plan to promote democracy and peace on the Central American isthmus during a time of great turmoil and outside influence in the midst of the Cold War. Partly due to the collapse of the Soviet-led Communist bloc that had traditionally supported leftist governments and insurgencies in Central America, the signing of the accords was indeed followed by an end to most of the fighting in Central America.
Arias then called for a higher level of integration in the Central America region and promoted the creation of the Central American Parliament (Parlamento Centroamericano). During his current administration, Arias has declared that Costa Rica will not enter the Central American Parliament. Arias also modified the country's educational system. The most notable action in this respect was the reintroduction of standardized academic tests at the end of primary and secondary school.
SECOND PRESIDENCY
After a controversial ruling by the Constitutional Court voided an amendment to the constitution that forbade presidential reelection, Arias announced in 2004 that he intended to run again for president in the February 2006 general elections. Though for years private polling companies and several news media published polls predicting Arias would win by a wide margin, the election was initially deemed too close to call. A month later, on 7 March, after a manual recount, the official results showed Arias beat center-left contender Ottón Solís by 18,169 votes (1.2% of valid votes cast). He took the oath of office at noon on 8 May 2006 at the National Stadium.
On 1 June 2007, he switched Costa Rica's diplomatic recognition from Taiwan (ROC) to China (PRC), making Costa Rica the 167th nation in the world to do so.
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Political Aspects of Costa Rica
Costa Rica is a democratic republic with a very strong system of constitutional checks and balances. Executive responsibilities are vested in a president, who is the country's center of power. There also are two vice presidents and a 15-member cabinet. The president and 57 Legislative Assembly deputies are elected for 4-year terms. In April 2003, the Costa Rican Constitutional Court annulled a 1969 constitutional reform which had barred presidents from running for reelection. As a result, the law reverted back to the 1949 Constitution, which permits ex-presidents to run for reelection after they have been out of office for two presidential terms, or eight years. Deputies may run for reelection after sitting out one term, or four years. In October 2007, the country held a national referendum on the U.S.-Central American-Dominican Republic Free Trade Agreement (CAFTA-DR).
The electoral process is supervised by an independent Supreme Electoral Tribunal--a commission of three principal magistrates and six alternates selected by the Supreme Court of Justice. Judicial power is exercised by the Supreme Court of Justice, composed of 22 magistrates selected for renewable 8-year terms by the Legislative Assembly, and subsidiary courts. A Constitutional Chamber of the Supreme Court, established in 1989, reviews the constitutionality of legislation and executive decrees and all habeas corpus warrants.
The offices of the Comptroller General of the Republic, the Solicitor General, and the Ombudsman exercise oversight of the government. The Comptroller General's office has a statutory responsibility to scrutinize all but the smallest public sector contracts and strictly enforces procedural requirements. With the Sala IV, these institutions are playing an increasingly prominent role in governing Costa Rica.
There are provincial boundaries for administrative purposes, but no elected provincial officials. Costa Rica held its first mayoral elections in December 2002, whereby mayors were elected to 4-year terms by popular vote through general elections. Prior to 2002, the office of mayor did not exist, and the president of each municipal council was responsible for the administration of his/her municipality. Autonomous state agencies enjoy considerable operational independence; they include the telecommunications and electrical power monopoly, the state petroleum refinery, the nationalized commercial banks, the state insurance monopoly, and the social security agency. Costa Rica has no military and maintains only domestic police and security forces. A professional Coast Guard was established in 2000.
POLITICAL CONDITIONS
Costa Rica has long emphasized the development of democracy and respect for human rights. The country's political system has steadily developed, maintaining democratic institutions and an orderly, constitutional scheme for government succession. Several factors have contributed to this trend, including enlightened leadership, comparative prosperity, flexible class lines, educational opportunities that have created a stable middle class, and high social indicators. Also, because Costa Rica has no armed forces, it has avoided military involvement in political affairs, unlike other countries in the region.
In May 2006, President Oscar Arias of the National Liberation Party (PLN) assumed office, defeating principal rival Ottón Solis of the Civil Action Party by roughly 2% of the vote. Arias has listed passage of the CAFTA-DR, along with fiscal reform, infrastructure improvements, improving education, and improving security as primary goals for his presidency. The 57-member unicameral Legislative Assembly has four principal party factions, with the governing party, PLN, having a 25-seat plurality.
Principal Government Officials
- President--Oscar ARIAS Sanchez
- Foreign Minister--Bruno STAGNO Ugarte
- Ambassador to the United States--Tomás DUEÑAS
- Ambassador to the Organization of American States--Javier SANCHO Bonilla
- Ambassador to the United Nations-- Jorge URBINA
Costa Rica maintains an embassy in the United States at 2114 S Street NW, Washington, DC 20008 (tel. 202-328-6628).
- Government Type: Democratic republic.
- Independence: September 15, 1821.
- Constitution: November 7, 1949.
- Branches: Executive--president (head of government and chief of state) elected for one 4-year term, two vice presidents, Cabinet (15 ministers, one of whom also is vice president). Legislative--57-deputy unicameral Legislative Assembly elected at 4-year intervals. Judicial--Supreme Court of Justice (22 magistrates elected by Legislative Assembly for renewable 8-year terms). The offices of the Ombudsman, Comptroller General, and Procurator General assert autonomous oversight of the government. Subdivisions: Seven provinces, divided into 81 cantons, subdivided into 421 districts.
- Political parties: Social Christian Unity Party (PUSC), National Liberation Party (PLN), Citizen's Action Party (PAC), Libertarian Movement Party (PML), Costa Rican Renovation Party (PRC).
- Suffrage: Obligatory at 18.
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