Court Blocks Immigration's
Marriage Investigations

The Constitutional Chamber of the Supreme Court (Sala IV) has prohibited immigration authorities from investigating marriages between Costa Ricans and foreigners, even when they suspect the union is made to gain a visa or residency papers.

The justices found that the Immigration Department's practice of investigating marriages between Costa Ricans and people of other nationalities, which in some cases serve to facilitate the entry of foreigners into the country, is “arbitrary” and “illegitimate.”

The ruling came after an injunction filed by Costa Rican Rocío Cruz in favor of her Cuban husband Raúl Rodríguez after Immigration officials denied him permission to enter the country because they did not believe there was a real union between the couple.

The decision by the administrative authorities “constitutes an arbitrary incursion into the private life of the person filing the injunction and an illegal limitation of the person's freedom to marry,” the Sala IV ruled.

Immigration Director Marco Badilla said the resolution must be accepted and applied to all pending cases, but warned it represents a blow to forces controlling the entry of foreigners.

Currently, the Immigration Department is aware of 170 cases involving Cubans and 10 involving Chinese who have married nationals and asked for a visa to travel to Costa Rica.

“This ruling leaves me speechless …I think a door has opened to facilitate a business, predominantly for lawyers who earn vast sums sorting out the paperwork,” Badilla said.

Some lawyers are being investigated for alleged fraud because of situations in which the Costa Rican counterpart says they did not even give their consent to marry.

--AFP

Latin America Presents
United Front to Europe

Quito (EFE) – Leaders from Latin American banana-producing countries met in Ecuador Wednesday to discuss the region's response to the European Union's proposed banana tariff hike, and decided to unite in opposition.

The countries will negotiate to maintain the current maximum tariff of 75 euros ($97.5) per ton, said Ecuadorian Trade Minister Ivonne Baki.

According to Ecuadorian President Lucio Gutiérrez, whose country is the world's leading banana exporter, the proposed increase to 230 euros ($300) per ton would have “devastating social and economic consequences” for Latin America.

The other Presidents in attendance at the conference included Abel Pacheco (Costa Rica), Alvaro Uribe (Colombia), Martín Torrijo (Panama), Oscar Berger (Guatemala). Representatives from Nicaragua and Honduras were also present.

Gutiérrez said the meeting is “an example of the profound solidarity between the countries,” adding that the newly unified position regarding banana trade will open new negotiating opportunities with Europe.

The leaders signed the “Quito Declaration” at the close of the conference. According to Gutiérrez, the agreement “reflects our... commitment to defend our rights and legitimate interests in this crucial matter.”

Gutiérrez said the seven countries represented in Quito maintain “the best relations with the European Union” and are confident that the two sides can reach a mutually convenient solution.

According to Baki, the declaration was to be immediately distributed among participating countries' ambassadors to the EU so that negotiations could begin. “The efforts of these seven countries will make Europe reflect greatly,” she said.

In February, the countries' trade ministers are scheduled to travel to Europe for negotiations. If no results are achieved in the first trimester of this year, the World Trade Organization (WTO) may be asked to arbitrate.

Latin American exporters do not feel pressured by the EU's announced tariff increase date of January 2006 because “it is not a fixed date and we do not accept it,” Baki said.

The proposal has caused consternation among regional banana producers since it was announced in 2004. Costa Rica's firm stance against the tariff change, which leaders here said is unfair since it would not apply to African, Caribbean and Pacific producers, caused some producers here to fear they would lose access to the European market altogether (TT, Nov. 26, 2004).

Costa Rica exported 102 million boxes (18.14 kilograms per box) of the fruit last year, of which it sent 50% to the European Union.