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still objects of negotiations By the A.M. Costa Rica staff
The proposed Heredia train line will not have any new passenger cars soon. Officials revealed Friday that the deal still has not been struck for Costa Rica to purchase rail cars from a Spanish line. Officials disclosed that they were seeking help from a visiting Spanish official, Trinidad Jiménez, secretary of state for Iberoamérica. A Casa Presidencial press release said that President Óscar Arias Sánchez and others wanted her help to obtain a good price. In September when Arias returned from Spain Casa Presidencial said that Arias negotiated a preferential price with the state-owned Ferrocarriles Españoles de Vía Estrecha. At the time officials said they would like to have the rail line to Heredia back in service by December. The suggestion was that the railcars already were on a boat headed toward Costa Rica. Now Ms. Jiménez suggested that negotiations still are continuing. Not having the four Spanish rail cars here does not mean the line will not go into service. There are cars already here that could be used. Officials have talked about a February start date more recently. But Jan. 6, A.M. Costa Rica learned that officials at the Instituto Costarricense de Ferrocarriles had failed to seek an administrative procedure that would have set the fares for the line. The Autoridad Reguladora de Servicios Públicos said the institute did not follow through on its request. During her visit Ms. Jiménez toured the site of the Jan. 8 earthquake and pledged $285,000 from her government for humanitarian aid. Ciudad Colón traffic flow will undergo a change By the A.M. Costa Rica staff
Ciudad Colón will lose its one-way streets for six blocks in the center of town starting Tuesday. The Ministerio de Obras Públicas y Transportes said that the Municipalidad de Mora requested the changes. The goal is to increase traffic flow, the ministry said. Officers of the Policía de Tránsito will be on duty during the week to help motorists follow the signs that will be posted. Alajuela told to vacate its municipal buildings By the A.M. Costa Rica staff
The Sala IV constitutional court has told the Municipalidad de Alajuela that it must close two structures in the municipal complex in eight days in order to protect workers there. The structures suffered damage in the 1990 earthquake and sustained even more Jan. 8. The decision, which was announced Friday, grew out of an appeal by four municipal employees. The workers said that studies showed that the building was vulnerable. Our reader's opinion
Many real estate contractscontain arbitration clauses Dear A.M. Costa Rica: My name is Leonardo Salazar, Esq. I am specialist in real estate law and have great experience in arbitration procedures. I found very interesting your article Friday, since it's something I have experienced recently in regards to many buyers who contacted me to try getting their money back from down payments. Coincidentally, almost all of the contracts that were drafted in the many developments have an arbitration clause, which means that the buyer cannot go to the court, but to an arbitration procedure only, which makes the regular court not an option. The arbitration procedure is ADR method in which a tribunal of arbitrators act like “judges – independent third party ” to resolve the problem. This is faster than the regular court actions that might take up to 5 years. Of course, this option has some inconvenient, such as you can only sue the entity that actually signed or accepted the arbitration clause and the procedure has a cost for the buyer, but it is a good way to resolve those issues. Something the buyer has to take in consideration is that some developers included arbitration clauses that were not well conceived and have mistakes, that will not allow the buyers to go to court and have a very complicated and more difficult arbitration procedure in benefit of the developers, which might be a problem for the investors-buyers. Another option, and depending of the specific circumstances, an alternative way to get their money back is, unfortunately, through a criminal case. But this needs to be studied case by case. Lic. Leonardo Salazar V. LL.M.
San José
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| A.M. Costa Rica third newspage |
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Arias economic shield
proposals getting mixed reviews
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By the A.M. Costa Rica staff
Proposals by President Óscar Arias Sánchez to shield the country from effects of a world economic crisis got mixed reviews. Union leaders have expressed concern while business executives called the ideas a good start. Arias made a 29-part presentation Thursday night. The segment most troubling to union officials was the proposal by Arias to issue a decree changing the legal working hours to provide more flexibility for employers. Predictably, the Asociación Nacional de Empleados Públicos y Privados expressed doubt that the rules would exist just during periods of economic crisis. The public employees union has battled the concept of flexibility for years and has a task force set up in opposition. The details were not given in the president speech, but over the years bills have been introduced in the Asamblea Legislative to provide for a four-day work week with perhaps 10-hour days. Under current law, employers would have to pay overtime for working employees more than eight hours. Companies like Intel Corp. have supported the proposals as a way of making the workforce more efficient. The Unión Nacional de Empleados de la Caja y Seguridad Social, the workers in the country's social security system including the hospitals, expressed opposition, too. A press release suggested that employees forced to work four days of from 10 to 12 hours each would suffer diminished mental and physical health despite a three-day weekend. The social security union also rejected the Arias plan that employers should reduce the work hours of employees so persons would not have to be fired. The Unión Costarricense de Cámaras y Asociaciones del Sector Empresarial Privado, which represents private industry liked that idea and said it would discuss such a change with lawmakers in the next few days. The organization noted that private industry employs nine of every 10 workers in Costa Rica. The Caja workers also urged Arias to put a price freeze on basis foodstuffs and dismissed as insufficient the |
 There is no doubt how the Asociación Nacional de Empleados Públicos y Privados sees the crisis. This is from the organization's Web page. promise by Arias to urge the price regulating agency to hold the line on bus fares. The Caja union also expressed suspicion of the Arias plan to lengthen the social security enrollment from three to six months of any employee who was fired. It said the proposal would increase the cost to the Caja Costarricense de Seguro Social without any corresponding increase in social security payments. Business leaders liked the idea of reducing interest rates. Arias said he would prevail on the national banks to do that and also ask the nation's housing finance agency and student loan agency to do likewise. The proposals by Arias included many ideas that already are in the works, and there was nothing dramatic presented. Nevertheless, the administration is airing the full speech by Arias during the usual cadena nacional time periods on television and radio. The original speech was carried live. |
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Anonymous tipster put
immigration chief back in hot water
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By the A.M. Costa Rica staff
The country's immigration director is in hot water again because an opposition deputy told investigators that he received an anonymous complaint about an alleged mishandling of illegal aliens. The immigration director is Mario Zamora Cordero, and his office in the Dirección General de Migración y Extranjería issued a statement Friday in which Zamora insisted that the deputy make public the name of the person who registered the complaint. Meanwhile, the Ministerio Público, the independent prosecutorial agency, confirmed Friday that it has conducted a search for documents at the La Uruca immigration offices. The case has international overtones, too, because the original allegations involved ambassadors here from other countries. Zamora is the Arias administration official who went public in 2006 with the allegation that he was offered a $2.5 million bribe to allow illegal Chinese citizens to enter the country. The case has generated an investigation of certain employers. The Poder Judicial said that the documents obtained in the immigration department search would be turned over to the Fiscalía de Delitos Económicos, Tributarios y Corrupción. The investigation centers on failing to fulfill duties and issuing untrue resolutions, known as prevaricato. The Poder Judicial also said that no evidence has been found to investigate any individual. The principal allegation is that Zamora allowed four Latin American citizens, found here illegally, to leave the country without deporting them. This means that they could have returned as tourists any time. Deportation |
prevents someone from returning for
five to 10 years,
depending on the situation. The Poder Judicial said that there was no investigation involving the Colombian ambassador here, Luis Guillermo Fernández, or the ambassador from Uruguay, Octavio Brugnini. The original allegation came from Alberto Salom of the Partido Acción Ciudadana. The foreign ministry issued a very undiplomatic and blistering statement in which it said that Salom showed absolute disrespect for diplomatic norms by carrying allegations against the ambassadors to the Ministerio Público. Even if they have done something wrong, foreign ambassadors have diplomatic immunity. And so does Salom as a legislative deputy. Zamora was quick to point that out in a similarly undiplomatic statement. He said he considered the allegations defamatory and lamented the legal immunity that Salom has. He urged the deputy to make public the name of the person making the allegation. Zamora has characterized his time at the immigration department as a continual fight against corruption. He only recently avoided being fired when the security minister, Janina del Vecchio, relented. He had been accused of causing too many Sala IV constitutional court appeals. A number of lawmakers and others came to his defense as a corruption fighter. The immigration department is mired in paperwork and appointments for residencies are a year or more behind. Zamora was appointed by Fernando Berrocal Soto, who was fired by President Óscar Arias Sánchez when he said that the political sector here was riddled with persons linked to the Fuerzas Armadas Revolucionarias de Colombia, the drug smuggling terrorist group. |
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'Buy America' clause puts
Obama on the spot over trade
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By the A.M. Costa Rica wire services
President Barack Obama is facing an early decision on trade policy, one that could anger key members of his Democratic Party, or spark a trade war with some of America's closest allies. In a few weeks Obama is to travel to Canada, where officials are warning of disastrous consequences if the United States embraces protectionism. The situation has implications for Costa Rica because opponents of the free trade treaty with the U.S. here are hoping Obama will open the document to renegotiations. But they are not hoping for changes that reduce Costa Rica's access to U.S. markets. Last week, the U.S. House of Representatives passed an economic recovery plan that could signal where U.S. trade policy is headed as the Obama administration works hand-in-hand with a Democratic Party-controlled Congress. Both the House and Senate versions of the bill stipulate American-made steel and other products be used for public-works projects designed to stimulate the economy. Canada and other U.S. trading partners are crying foul. White House Press Secretary Robert Gibbs has been non-committal on the so-called "Buy America" provision. "The administration will review that particular provision and will make a determination on that," said Robert Gibbs. The mandate to utilize domestic products has the backing of U.S. labor unions that vigorously supported Obama in last year's presidential election. It is also defended by Obama allies in Congress, like Sen. Sherrod Brown of Ohio. "To do the stimulus package in the maximum job-creation way, we ought to be using American-made materials," said Brown. "That means Ohio steel. That means concrete, cement, and other materials that are made in this country." But some foreign officials are warning the provision would spark complaints against the United States at the World Trade Organization and possible retaliation against U.S. exports. Gerald Keddy, Canada's parliamentary secretary for international trade, said the mandate would violate the North American Free Trade Agreement between the United States, Canada, and Mexico. "We do expect the Americans to live up to their international trading obligations," said Keddy. Although Costa Rica does not produce steel, the Central American Free Trade Agreement stipulates equal access to |
governmental projects for all kinds
of products and services. In Ontario, where much Canadian industry is based, provincial Premier Dalton McGuinty says a trade war would benefit no one, and that the only way to get through a global recession is for nations to support one another. U.S. business groups agree. While some labor unions have called domestic opposition to the "Buy America" provision "economic treason," the U.S. Chamber of Commerce says preserving free trade is "economic patriotism." It warns against what it sees as rising protectionist sentiment in the United States and elsewhere, noting that trade barriers contributed to the Great Depression of the 1930s. Obama has yet to speak in detail on trade matters since assuming office. As a candidate, he was criticized for sending mixed messages. During the hard-fought primary season, Obama pledged to renegotiate the North American Free Trade Agreement, and often struck populist themes on the campaign trail, as he did a year ago in Wisconsin. "I did not just start criticizing unfair trade deals like NAFTA because I started running for president," said Obama then. "I do it because I see what happens to communities when factories close down and the jobs move overseas." After securing the Democratic presidential nomination, however, Obama seemed to moderate his stance. "I believe in trade," he said. "I think trade can grow our economy and improve the lives of ordinary people." Since becoming president, Obama has made no mention of renegotiating the North American Free Trade Agreement, and administration officials show no appetite for a trade war with Canada, America's largest trading partner, or any other nation. Quite the contrary, Press Secretary Gibbs sasid the international community must work together to fix the global economy. But Democratic congressional proponents of "Buy America" are not backing down, making for what could be delicate negotiations between the White House and Capitol Hill as the economic recovery package moves through Congress. Canadian officials say they hope to secure a waiver for Canadian products if the provision becomes law. Obama travels to Ottawa Feb. 19. |
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of whale hunters, it says By the A.M. Costa Rica wire services
The anti-whaling group Sea Shepherd Conservation Society says its chase ship has located Japan's whaling fleet near Antarctica and is in pursuit. In a statement Sunday, the U.S.-based group said that after a week of searching their vessel was 11 kilometers (7 miles) from the Japanese mothership "Nisshin Maru" and two harpoon vessels and was closing in on them. Japan has called the Sea Shepherd activists pirates and eco-terrorists because of their use of aggressive tactics, such as boarding, stink bombs and collisions. But the activists say the whalers are the real pirates because their hunt violates international law. Last month, Paul Watson, Sea Shepherd founder and captain of the "Steve Irwin," which has been harassing this year's whale hunt, said the group would halt their pursuit of the Japanese fleet next season if Australia takes legal action against Japan. Australia's Labor government promised during its 2007 election campaign to begin legal proceedings against Japan at the International Court of Justice. But the government of Prime Minister Kevin Rudd now says it wants to see what progress can be made through diplomacy. Colombian rebels release four of six hostages By the A.M. Costa Rica wire services
Colombian rebels have released four hostages to the International Red Cross in a mission marred by accusations of military interference. The Red Cross said Sunday the Fuerzas Armadas Revolucionarias de Colombia had handed over three police officers and one soldier who had been held for more than a year. It was the rebel's first unilateral release of hostages in nearly one year. A Brazilian helicopter emblazoned with the Red Cross symbol retrieved the freed hostages from the jungle and flew to the Colombian city of Villavicencio, where the four were met with hugs, applause and white flowers. A journalist accompanying the mission reported that military flights over the jungle had complicated and delayed the handover. The Colombian government called the allegations unfounded. The hostages are among six captives they said it would release this week. Later Monday, the rebels are expected to release Alan Jara, a former governor kidnapped in 2001. Former lawmaker Sigifredo Lopez is expected to be freed on Wednesday. Lopez was abducted in 2002. |
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