Costa Rican Demilitarization Façade
By Madalin Sholtz
Demilitarization as a concept has been documented as far back as the Middle Ages, where it existed often as a provision within peace treaties.[1] Pure demilitarization, that is, the complete lack of a military structure, is rarely experienced, and instead a country must craft the system to fit its specific needs.[2] While many countries throughout history have used differing legal instruments for demilitarization, such actions often result in a violation of the legal principles that made them possible and are contrary to the public policy behind the action. One example of this is demonstrated in Costa Rica’s demilitarization, where a paramilitary police force has since been implemented and treaties now provide protection from large-scale attacks by using another country’s military in lieu of their own.
Costa Rica is often advanced as the happiest place in the world, filled with friendly people who enjoy the simple life.[3] The Costa Rican relaxed lifestyle of “pure vida” is attributed in part to the country’s demilitarization.[4] Though demilitarization may have been, and still is, a popular decision,[5] the reality of demilitarization in Costa Rica is much more complex.[6] The decision to demilitarize has been characterized by some as creating “opportunities for Costa Rica to invest in butter instead of guns.”[7] Other citizens brag about “having more teachers than policeman.”[8] The peace and stability witnessed by outsiders is not always similarly associated with Costa Rican citizens as there has been an increasing sense of insecurity since the late 1990s.[9]
Historically Costa Rica did not have a strong military culture.[10] As the result of the violence experienced in the country’s civil war, then President José Figueres proposed abolishing the military.[11] Article 12 of the 1949 Constitution was drafted with an eye to peace, given the regional distress that had existed at that time.[12] Article 12 states that
[t]he Army as a permanent institution is proscribed. For the vigilance and conservation of the public order, there will be the necessary forces of police. Military forces may only be organized by a continental agreement or for the national defense; one and the other will always be subordinate to the civil power: they may not deliberate, or make manifestations or declarations in an individual or collective form. [13]
As a result of Article 12, the budget belonging to the armed forces was shifted to handling internal security, which included funding for a police force.[14] The county subsequently sought security through treaties, international organizations, and international laws.[15] After codifying demilitarization, police forces were instituted to take the place of the former military, with an organization scheme essentially along the same lines.[16] In lieu of an army there is a National Police which is part of Costa Rica’s Public Security Ministry with two other police groups handling roads and heavy tourist towns.[17] Compared to other Central American countries, the Costa Rican police are considered well trained and equipped.[18] Though a small force, it is considered “equivalent to an under-strength infantry company” and was created after training with Israeli commandos.[19] The country has since been criticized for maintaining a capacity for external defense through their police force.[20] It is true that the constitution allows for necessary police forces to effectuate public order,[21] however, the institution of these paramilitary organizations contradicts the language of Article 12.
Like many other countries in the region, Costa Rica is often faced with threats that test its demilitarization, such as issues of boarder control, drug trafficking, and criminal organizations expanding into the country.[22] The climate within the region has left citizens of Costa Rica with a sense of high insecurity.[23] Although the country claims to have stayed true to the terms of its constitutional amendment, the country has alternatively sought extensive security forces to tackle internal and regional issues.[24]
The Costa Rican military is well trained to handle internal and small-scale external conflicts. Image courtesy of Unsplash.
While Costa Rica relies on outside assistance to assure its security, it also has made strong internal moves to protect its citizens from the difficulties of its region.[25] Drug trafficking with the Mexican drug cartel and boarder disputes with Nicaragua have forced the country to question its anti-military sentiment.[26] After the 1979 Nicaraguan Revolution, a plan was announced to modernize the arms of the Civil Guard to be equal to U.S. infantryman.[27] Although often seen as a picture of peace, Costa Ricans have realized that a stronger defense is necessary to protect the country from rising international contention and criminal activity.[28]
U.S. relations with Costa Rica have existed for a long time, but regional unrest has led to a more involved role.[29] As of 2016, the U.S. is Costa Rica’s greatest source of foreign investment.[30] The U.S. Department of State website describes the relationship between it and Costa Rica as working “hand-in-hand” to not only secure Costa Rica’s borders, but professionalize its police.[31] This is sought to be accomplished by training and offering technical assistance to give Costa Rica the tools to confront drug problems and growing organized crime.[32] The U.S. has aimed to address the underlying violence in the region while training local Costa Rican authorities to secure borders, improve security, and create safe communities.[33] According to the U.S. Department of State, over $281 million in assistance was issued to Costa Rica between 2018 and 2021, $175 million of which was earmarked for such things as modernizing and improving security forces. [34] The U.S. provided $50 million in support just in 2020 to “strengthen and modernize Costa Rica’s security forces.”[35] Further, in the event of an attack on Costa Rica, the Inter-American Treaty of Reciprocal Assistance would be invoked, which obligates regional powers and the U.S. to assist.[36]
These close relations between Costa Rica and the U.S. have certainly received criticism in light of Article 12.[37] By formally disarming, Costa Rica made itself reliant on others for security,[38] relying only on international rule of law to protect its people.[39] In 2010, Bolivian president Evo Morales commented about the relationship, saying that Costa Rica does in fact have an army: the U.S. military.[40] In the late 1980s, there was an outcry of public concern that Costa Rica was forming a “secret army” by using U.S. funds to train and equip the police force in relation to the contra war.[41]
So, why does a country dedicated to peace that is constitutionally demilitarized continue to train and employe a police force and utilize foreign militaries?[42] While Costa Rica is demilitarized legally by its constitution, it is considered to indeed have a small armed forces without calling it as such.[43] Costa Rican “re-militarization” has been a theme in national headlines since demilitarization in 1948, and fluctuates often with the country’s relationship with Nicaragua.[44] In fact, many citizens feel that the government is not effective at controlling internal violence or providing for security.[45] More recently, Costa Rica’s citizens are increasingly feeling insecure and dissatisfied.[46] This growing dissatisfaction is due in part to issues like rising crime rates and immigration.[47]
Costa Rica is labeled by some as a more civilized nation as a result of its lack of armed forces,[48] but it is important to remember that the Costa Rica anthem is “[c]uando alguno pretenda tu gloria manchar / verás a tu pueblo valiente y viril / la tosca herramienta en arma trocar” which translates in English to “Costa Ricans will transform their tools into weapons to defend their independence” if their country is threatened. [49] Costa Rica has not yet decided to re-institute a standing military, but the moves the county has made in recent years shows its willingness to add and rely on forces that disregard the ideals of Article 12.[50] Although a military is not permitted, the protection of a military is accepted when it belongs to and is paid for by another country.[51]
[1] Sia Spiliopoulou Åkermark, Demilitarization as a Constructive Tool for Co-operation and Peace: the Example of the Åland Islands, Org. for Sec. & Coop. in Eur. (11 Jan. 2017), https://www.osce.org/magazine/293346.
[2] Matthieu Chillaud, Territorial Disarmament in Northern Europe 5, 5-6 (Aug. 2006).
[3] Esteban Solano, Top 5 Reasons Why Do People Visit Costa Rica, Travel Excellence blog (Oct. 23, 2020), https://www.travelexcellence.com/blog/top-5-reasons-why-do-people-visit-costa-rica/.
[4] Id.; see Carlos Umaña, Costa Rica’s active role in disarmament: a case for demilitarization, Pressenza (Feb. 12, 2020), https://www.pressenza.com/2020/12/costa-ricas-active-role-in-disarmament-a-case-for-demilitarization/.
[5] David P. Barash, Costa Rica’s peace dividend: How abolishing the military paid off, L.A. Times (Dec. 15, 2013, 12:00 AM), https://www.latimes.com/opinion/la-xpm-2013-dec-15-la-oe-barash-costa-rica-demilitarization-20131208-story.html.
[6] Quirine A.M. Eijkman, We Are Here to Serve You! Public Security, Police Reform and Human Rights Implementation in Costa Rica (insert page cited) (Sch. Of Human Rights Rsch. Series, Volume 24, 2007).
[7] Barash, supra note 5.
[8] Louie Matrisciano, Costa Rica: The Revolution of 1948, A Cause and Effect Analysis, The Spirit of 48 (Mar. 17, 2015), https://elespiritudel48.org/costa-rica-the-revolution-of-1948-a-cause-and-effect-analysis/.
[9] Eijkman, supra note 6.
[10] Carlos Umaña, Costa Rica’s active role in disarmament: a case for demilitarization, Pressenza (Feb. 12, 2020), https://www.pressenza.com/2020/12/costa-ricas-active-role-in-disarmament-a-case-for-demilitarization/.
[11] Id.
[12] Juan C. Méndez Barquero, Does International Humanitarian Law play any role in demilitarized countries? A policy analysis of Costa Rica and Panama, 84 U. Costa Rica 109, 110 (2012).
[13] Constitution of the Republic of Costa Rica (1949).
[14] Otton Solis & Pamina Firchow, Costa Rica: An Army-less Nation in a Problem-Prone Region, Council on Hemispheric Affs. (June 2, 2011), https://www.coha.org/costa-rica-an-army-less-nation-in-a-problem-prone-region/.
[15] Eisenhower asked, "Is there no other way the world may live?" Demilitarised Costa Rica answers him - a sign of hope, in war times, THE ALTERNATIVE (18 Mar. 2022), https://www.thealternative.org.uk/dailyalternative/2022/3/21/costa-rica-abolish-army.
[16] Costa Rica Doesn’t Have a Military? Not So Fast, War is Boring: Blog (Aug. 10, 2014), https://medium.com/war-is-boring/costa-rica-doesnt-have-a-military-not-so-fast-499b5d67e160.
[17] Alejandro Zúñiga, Costa Rica doesn't have an army. Who protects it?, CRC DAILY (Dec. 3, 2020), https://www.crcdaily.com/p/crc-daily-costa-rica-doesnt-have.
[18] Solis & Firchow, supra note 16.
[19] Not So Fast, supra note 18.
[20] Matthew Adams, Costa Rica: A Peaceful Nation Ready to Fight (Dec. 2018), (public release through Calhoun) (Naval Postgraduate School Dissertation).
[21] Constitution of the Republic of Costa Rica (1949).
[22] Solis & Firchow, supra note 16.
[23] Eijkman, supra note 6.
[24] Solis & Firchow, supra note 16.
[25] Solis & Firchow, supra note 16.
[26] Solis & Firchow, supra note 16.
[27] Adams, supra note 22.
[28] Solis & Firchow, supra note 16.
[29] U.S.-COSTA RICA RELATIONS, U.S. Dep’t State (Sept. 15, 2021), https://www.state.gov/u-s-relations-with-costa-rica/.
[30] S. Fitzgerald Haney, Costa Rica and the United States: An Enduring Partnership, Council Am. Ambassadors (2016), https://www.americanambassadors.org/publications/ambassadors-review/spring-2016/costa-rica-and-the-united-states-an-enduring-partnership.
[31] U.S.-COSTA RICA, supra note 30.
[32] Id.
[33] Haney, supra note 31.
[34] U.S.-COSTA RICA, supra note 30.
[35] Id.
[36] Alejandro Zúñiga, Costa Rica doesn't have an army. Who protects it?, CRC DAILY (Dec. 3, 2020), https://www.crcdaily.com/p/crc-daily-costa-rica-doesnt-have.
[37] Solis & Firchow, supra note 16.
[38] Barquero, supra note 4 at 14.
[39] Umaña, supra note 12.
[40] Solis & Firchow, supra note 16.
[41] Adams, supra note 22.
[42] Id.
[43] Not So Fast, supra note 18.
[44] Adams, supra note 22.
[45] Eijkman, supra note 6.
[46] Id.
[47] Id.
[48] Solis & Firchow, supra note 16.
[49] Zúñiga, supra note 37.
[50] Solis & Firchow, supra note 16.
[51] See generally, Zúñiga, supra note 37.