Ombudswoman Lisbeth Quesada Friday presented concerns about the constitutionality of the Central American Free-Trade Agreement with the United States (CAFTA) before the Constitutional Chamber of the Supreme Court (Sala IV), according to a statement from the Ombudsman's Office.

Quesada's consulta comes as Costa Rica looks toward a referendum on this controversial trade pact. The Legislative Assembly last week approved a presidential decree for a nationwide vote on CAFTA, and the Supreme Elections Tribunal (TSE) must now decide whether the vote will be convened by a joint assembly-Executive Branch decree or a signature-collection process by a group of citizens (TT, April 27).

“There are 1.5 billion reasons why the Sala IV should admit to and make a pronouncement about the extremes of what is suggested” in CAFTA, Quesada said, listing workers' rights, health benefits, intellectual property and the protection of minority groups as areas her office sees as problematic or not included in the trade pact.

The Ombudsman's Office feels it's important to make sure nothing in the agreement is unconstitutional before the referendum is held, the statement said. The Sala IV has one month to respond to Quesada's consulta.

“This consulta should create confidence in the democratic system; it's a tool that will strengthen, without a doubt, the referendum and consequently, its result,” Quesada said, according to the statement.

This isn't the first time the Ombudswoman has voiced concern over CAFTA. A year ago, her office studied the agreement and released a report saying CAFTA could “intensify national problems” and lead to a more unequal distribution of the country's wealth (TT, April 7, 2006).

-Tico Times