Costa Rica: The Struggle for Accessible Public Transportation Finally Yields Results

On May 13, 2004, the first 150 adapted buses for persons with disabilities rolled onto the streets, an example of concrete implementation of Law 7600, Costa Rican Equal Opportunities Law for Persons with Disabilities, pending fulfillment by the transportation companies of Costa Rica.

The introduction of adapted buses is part of an agreement negotiated in year 2003, by a group of organizations of persons with disabilities, the transportation companies (Foro Nacional de Transporte) and the Costa Rican Council of Rehabilitation and Special Education (Consejo Nacional de Rehabilitación y Educación Especial, CNREE), the government agency responsible for disability issues.

This agreement includes the introduction of buses with hydraulic ramps or platforms and other accommodations to improve public transportation of the country. These improvements benefit persons with disabilities and people having restricted mobility.

The announcement was made on May 13, with extensive media coverage. The new buses began to circulate immediately at the official inauguration act with President of Costa Rica, Dr. Abel Pacheco and the Minister of Public Works and Transportation, Javier Chávez.

The judicial obligation to provide accessible public transportation

The Law No. 7600 establishes via its article 45, that the Costa Rican State is responsible for providing accessible transportation to all. The article 46 of this law established that the transportation authorities are to cancel the concessions or permits to the providers of public transportation that fail to provide accessibility, pursuant to this Law and its by law, article 165. Here in Costa Rica, public transportation is the responsibility of the State and, it is provided by private companies that need a concession or an official permit to operate, always under government supervision.

The Law 7600 had established that there would be a period of seven years, beginning May 29, 1996, at the end of which for all buses should be accessible:

"TRANSITORY VI. The Ministry of Public Works and Transportation shall initiate, immediately and with the existing resources, measures to comply with the obligations established by the present law. Said compliance measures must be completed within a period not exceeding a seven year period." (Law 7600)

Though there has been reiterated non-compliance of the pertinent dispositions and though the term for full accessibility had become due for the transportation providers, the administration of President Pacheco did not cancel any concession or revoke any transportation permit, which he had the power to do as a way of prompting the accessibility and security for all.

Because of this situation, the transportation issue had become a top priority for persons with disabilities, being at the top of the social and political struggle.

The key role of civil society organizations

Though they took too long, the effort by the transportation companies of purchasing accessible buses deserves recognition. It means progress toward accessibility and the rights of person with disabilities. Disabilities leaders mentioned that media coverage by the Costa Rican Rehabilitation Council and other sources, omitted that there had been a long social struggle on the part of national disability groups.

The following are some concrete actions undertaken by national disability groups, including the Costa Rican Forum on Human Rights of Persons with Disabilities (Foro por los Derechos Humanos de las Personas con Discapacidad) and the Network of Sheltered Workshops:

On Friday December 1, 2000, five persons with disabilities, belonging to the Costa Rican Forum for Human Rights of Persons with Disabilities, filed a writ at the Costa Rican Constitutional Court seeking constitutional guarantees for protection of human rights, against the Ministry of Public Works and Transportations. These persons posited that the government agency, responsible for public transportation was not demanding the transportation companies and their affiliates to duly comply with the law, specifically with respect to guaranteeing that persons with disabilities should be accorded accessible transportation in order to enjoy freedom of movement. On March 10, 2001, the petitioners were notified of a negative resolution of the Constitutional Court. Therefore, national remedies were exhausted with respect to guaranteeing the freedom of movement and the right to accessible transportation for all.

-On June 1, 2001, celebrating the fifth anniversary of the approval of Law 7600, 2000 persons with disabilities, families and supporters hit the streets of San Jose, with a "March for Equal Opportunities". This event, organized by the Costa Rican Forum and the Network of Sheltered Workshops, emphasized our need for accessible public transportation and then we presented our Open Letter to Costa Rica, which was handed to the President of the Costa Rican Legislation.

-On September 10, 2001, five persons of the Costa Rican Forum for Human Rights of Person, after not receiving the corresponding remedies for the Costa Rican Constitution Court, filed a demand at the Inter American Commission on Human Rights, stating that that as a State, Costa Rica was not providing accessibility to public transportation for all persons and, therefore, it was permitting restrictions to the freedom of movement for persons with disabilities. This petition is being supported by the Center for Justice and International Law, in the capacity of legal advisers. The petition is moving forward according to the procedural stages of the process.

-At an initiative of the Costa Rican Forum for Human Rights of Persons with Disabilities, at the

March 15, 2003 General Assembly of the nongovernmental disability organizations, a petition to be delivered to the President of the republic was approved. The text also included specific demands for accessible public transportation..

-On May 29, 2003, as part of the celebration of the seventh anniversary of the Law 7600, about 1000 persons with disabilities, families and friends, gathered at the Presidential House requesting an official answer to the 10 point petition which we had presented to the government. The seven year period to complete accessibility accommodations in public transportation ended on that day and we felt that not much had been achieved.

During this demonstration, Vice President Lineth Saborío, Coordinator of the Social Council of the Costa Rican government, requested the establishment of a commission to began the negotiation process, which subsequently proved to be productive. The Commission was formed by three persons with disabilities, one parent of a person with disabilities and representatives of the corresponding Ministries of the Government and Executive Authorities.

-There were also meetings with Karla González, Vice Minister of Transportation, the National Transportation Forum, grouping the private providers of transportation and representatives of persons with disabilities. There, after intense negotiations, the decision to move on with the accessibility accommodation and the acquisition of the 150 accessible buses was made.

Non-conformity

Leaders from the Costa Rican Forum for the Human Rights of Persons with Disabilities and from the Network of Sheltered Workshops have manifested their discontent with respect to the way the Costa Rican Council of Rehabilitation and Special Education has handled the information regarding this relative and late advancement in proving an accessible public transportation. They consider that the government agency has sought to minimize and even make invisible the fundamental role played by the organizations of persons with disabilities. The Costa Rican Rehabilitation and Special Education has undermined other actors, including themselves. They have contributed, but have not developed the active role as they should.

Catalina Devandas, Vice President of the Costa Rican Forum for Human Rights of Persons with Disabilities, told Disability World: "Citizen participation is the key to developing a real democracy. But this participation is very difficult for us, the persons with disabilities. We have to confront many physical and social barriers. That is why the access to public transportation is so important and is must be a priority."

On the other hand, Francisco Villalta, who has two sons with cognitive disabilities, says that: "The Costa Rican Council of Rehabilitation and Special Education has to contribute to strengthen the social and political participation of persons with disabilities in their struggle for their vindications. In current media coverage... the role played by persons with disabilities is overshadowed. That is not the way of fostering the necessary participation."

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