Freedom House
Regularization process for
Nicaraguan HRDs in Costa Rica
In Costa Rica, there are numerous regulations and public
policies related to migration in general, particularly for those
applying for refugee status. The General Law on Migration
and Foreigners, Law 8764, approved in 2009 explicitly states,
“respect for human rights and constitutional guarantees of
all foreigners who enter and remain in the country,” and “full
respect for international obligations on human rights and the
international protection of refugees.”24
Refugee applicants face long waiting periods in the process
of regularizing their status or obtaining refugee status, some
waiting up to two years. Some HRDs interviewed highlighted
that while they arrived in 2019, they had their first appointment
the first months of 2021. At that first appointment, they
schedule their “eligibility” interview with the Visa and Refugee
Commission. Nicaraguan HRDs, like the general migrant
population, received their work permit on average after three
months of the first appointment. This allows them to seek
employment, but in the interim they must find a way to survive
and support themselves and their families. In our interviews,
Nicaraguans HRDs described the review of paperwork as slow,
and many perceived prejudice by authorities against them,
particularly when the HRD is poorer and less educated. In our
survey to Nicaraguan HRDs, about half indicated that they had
received treatment that impacted their rights while in Costa
Rica, including xenophobia and discrimination.
GRAPH 2: NICARAGUAN HRDS IN COSTA
RICA – ARE YOU PLANNING TO RETURN
TO NICARAGUA?
12%
Are the HRDs able to find sustainable
employment to continue their human
rights work throughout the time
they are unable to return to their
home countries?
Despite Costa Rica’s welcoming policy and commitment
to offering refuge, Nicaraguan HRDs face challenges to
integrating into society. Not only are services for HRDs
scarce, but support mechanisms are operating at full capacity
and are unable to be responsive to increased demand. Many
Nicaraguan HRDs leave everything behind and exhaust their
savings to survive in the initial period of exile. With time, and
after regularizing, some exiled HRDs have managed to be
employed by continuing to work for their respective CSOs,
continuing their profession (e.g., journalists), or doing small
temporary work.
In our non-representative survey with Nicaraguan HRDs
in Cost Rica, over 90% mentioned they have continued to
work in exile as HRD. Below are some of the factors they
mentioned to be key when living in exile:
HRDs interviewed also mentioned the support of
organizations, such as the United Nations High
Commissioner for Refugees (UNHCR) and International
Organization for Migration (IOM), Costa Rican NGOs,
Nicaraguan organizations operating in Costa Rica, and
other international NGOs. However, while more than 90
percent of those Nicaraguan HRDs who responded to the
survey said they were able to work, the broader interviews
and focus groups point to other challenges as was the
case of Venezuelan HRDs in Colombia. For example, work
they find is often voluntary, unpaid work. As a result, they
face economic hardship while waiting for legal work status
or refugee status and confront xenophobia. Upon arrival,
Nicaraguan HRDs encounter a limited network of informal
and formal resources that provide the necessary immediate
information and some resources. Once they have resettled
and are awaiting regularization, HRDs face additional
“I have not been able to find work since I do
88%
not have the document that makes me legal
in the country.”
(Nicaraguan HRD in Costa Rica.)
Yes
No
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