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Forced Labour Convention, 1930 (No. 29) - Costa Rica (RATIFICATION: 1960)
Protocol of 2014 to the Forced Labour Convention, 1930 - Costa Rica (RATIFICATION: 2020)

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The Committee notes the observations of the National Association of Criminal Investigators (ANIC) relating to the work schedules of officials of the Judicial Investigation Body (OIJ) and the Government’s detailed replies in that respect, received in January and November 2020 respectively. In addition, it notes the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 31 August 2021 and the Government’s reply in that respect, received on 26 January 2022.
Articles 1(1), 2(1) and 25 of the Convention. 1. Trafficking in persons. Institutional framework. Previously, the Committee requested the Government to report on progress in the adoption and implementation of a national prevention policy and a national strategic plan against trafficking in persons. In this respect, it notes that the Government’s report indicates that the National Coalition to Combat the Unlawful Smuggling of Migrants and Human Trafficking (CONATT), established through Act No. 9095 of 2012 against trafficking in persons, has been strengthened. CONATT works in five standing technical committees (victim protection and assistance; prevention; access to justice; information, analysis and investigation; and project management) which direct and promote the national policy and strategic plan against trafficking in persons. A communication strategy for the prevention of trafficking in persons is also being implemented in the country’s seven provinces, particularly in the most vulnerable sectors, such as agriculture, trade and tourism. The Government adds that CONATT will continue to raise awareness among all segments of the population and encourage the participation of civil society to minimize the risks of trafficking and promote reporting of the crime.
Furthermore, the Committee notes that, in its observations, the CTRN indicates that the resources of the National Fund against Trafficking in Persons and Smuggling of Migrants (FONATT), established by Act No. 9095 of 2012, are not fully exploited owing to the bureaucratic and operational challenges of FONATT. This results in the resources not being utilized and going to surplus, restricting their use to the purchase of goods rather than investing them in training activities or assistance for victims. The Committee notes that, pursuant to section 61 of the Regulations to Act No. 9095 of 2012, any member of CONATT and any other institution, body, organization or entity that has been endorsed by CONATT may submit project proposals to the Standing Technical Committee for FONATT Project Management for funding.
The Committee requests the Government to report on the activities of the five committees under CONATT in the context of the implementation of the national policy and strategic plan against trafficking in persons, indicating the results obtained, the challenges faced and the measures taken in this respect. It also requests the Government to respond to the observations of the CTRN regarding the functioning of the National Fund against Trafficking in Persons and Smuggling of Migrants, indicating the difficulties that have arisen in the selection and approval processes of projects to be financed by the Fund.
Law enforcement. The Committee duly notes the adoption of Act No. 9545 of 2018, which supplements the definition of trafficking in persons contained in section 172 of the Criminal Code by incorporating the element of “resorting to technologies” as a means of facilitating trafficking in persons, and broadens the definition of sexual exploitation, previously limited to acts of prostitution, to “any form of sexual exploitation”. The Committee notes the Government’s indication that two police forces are responsible for investigating the crime of trafficking in persons in the country: the professional immigration police and the Judicial Investigation Body. Through the National Commission for the Improvement of the Administration of Justice (CONAMAJ), 500 officials of the Public Prosecutor’s Office were trained in trafficking in persons. The Committee notes that, from 2018 to September 2021, reports showed that investigations were under way for 19 cases of trafficking in persons for the purposes of labour exploitation. The Committee requests the Government to continue to provide information on the measures taken to strengthen the capacities of the law enforcement bodies relating to trafficking in persons, including the professional immigration police and the Judicial Investigation Body. It also requests the Government to provide information on the number of investigations, criminal proceedings opened and convictions brought under section 172 of the Criminal Code for the crime of trafficking in persons for the purposes of both sexual and labour exploitation.
Protection and assistance to victims. The Committee notes that the Government has several tools for assistance for victims of trafficking in persons, including a strategy for comprehensive care and resource mobilization for support for survivors of trafficking in persons and their dependents: inclusion, reintegration, repatriation, voluntary return and resettlement; and the protocol for comprehensive care for victims of trafficking in persons within the services of the Costa Rican social security fund, and the action protocol for the Immediate Response Team (ERI), which is the body responsible for implementing primary care measures for victims. The Government states that in 2019, 62 persons were covered under the comprehensive action strategy, including 26 dependents of victims of trafficking. The social profile of the victims was characterized by low levels of education, weak support networks, large households with dependent children, and women heads of household who were unemployed or received low pay and had no access to social security. Most of the persons covered came from Costa Rica (46), followed by Nicaraguan nationals. Two persons were repatriated and assisted return was facilitated for one person. The Committee requests the Government to continue making the necessary efforts to provide protection and assistance to victims of trafficking in persons and to report on the results, including within the framework of the strategy for comprehensive care and resource mobilization for support for survivors of trafficking in persons and their dependents. It also requests the Government to continue to provide statistical information on the number of victims who were assisted, reintegrated and/or repatriated.
2. Crime of exaction of forced work or service. The Committee takes due note that, through Act No. 9545 of 2018, section 189 bis of the Criminal Code was added so that the crime of subjecting one or more persons to carry out labour or service by force, deception, coercion or threat is subject to a criminal penalty of imprisonment of six to ten years. The penalty could be increased to 16 years where the victim is in a situation of vulnerability or disability. The Committee requests the Government to provide information on the application in practice of section 189 bis of the Criminal Code, including examples of court decisions issued in this respect. It also requests the Government to provide information on the measures adopted to train the police, Public Prosecutor’s Office and criminal judges in the application of this type of penalty. It further requests the Government to indicate the circumstances in which it is considered that a person is in a vulnerable situation within the scope of the above criminal provision.

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The Committee welcomes the ratification by Costa Rica of the Protocol of 2014 to the Forced Labour Convention, 1930. It hopes that the Government will provide detailed information on its application, in accordance with the report form adopted by the Governing Body.
The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 31 August 2021 and the Government’s reply in that respect.
Articles 1(1), 2(1) and 25 of the Convention. Forced labour in plantations. Trafficking of Nicaraguan workers with the purpose of labour exploitation. The Committee notes that, in its observations, the CTRN refers to the situation of Nicaraguan plantation workers, mostly undocumented, who are victims of trafficking in persons for the workforce in pineapple and sugar cane plantations. The CRTN states that these workers are recruited by contractors, who provide them with false identity cards and offer them working conditions that are not fulfilled in practice , as they work up to 12 hours a day, without social security or conditions of occupational safety and health. Some workers do not receive the promised salary and therefore have no money for food or for their return trip to Nicaragua. Moreover, in some cases, they do not report the situation for fear of being deported.
The Committee notes that, in its reply to the CTRN’s observations, the Government does not provide specific information on the situation of Nicaraguan migrant workers. However, the Committee duly notes the various measures taken to strengthen the legal and institutional framework to combat trafficking in persons referred to in its direct request. The Committee notes in particular the establishment of contact working groups by the Public Prosecutor’s Office and the judicial and administrative police in the most vulnerable areas, identified as border areas and areas of lower socioeconomic development, to follow up and address the detection of cases of trafficking in persons.
Taking into account the situation of vulnerability to trafficking in persons for the purpose of labour exploitation in which many undocumented Nicaraguan workers may find themselves, the Committee requests the Government to take the necessary measures to: (i) ensure that the labour inspectorate can conduct inspections in plantations with a large presence of Nicaraguan workers; (ii) strengthen cooperation between the police, the Public Prosecutor’s Office, in particular the Prosecutor’s Office specialized in the crime of trafficking in persons, and the labour inspectorate to prevent, identify and investigate possible situations of trafficking of Nicaraguan nationals for the purpose of labour exploitation on pineapple and sugar plantations; (iii) facilitate access of Nicaraguan nationals to legal mechanisms so they can assert their rights; and (iv) provide these Nicaraguan nationals with immediate and comprehensive assistance and protection, independent of their migratory status. The Committee requests the Government to provide detailed information in this respect and also refers to its comments under the Labour Inspection (Agriculture) Convention, 1969 (No. 129).
The Committee is raising other matters in a request addressed directly to the Government.

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The Committee notes the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 5 September 2017, reporting violations of the rights of certain workers employed in banana and pineapple plantations, particularly in relation to hours of work, conditions of work, social protection and trade union rights. The most vulnerable workers are migrant seasonal workers. The Committee notes the Government’s reply to these observations, received on 5 April 2018, in which it emphasizes the importance of the enforcement of labour legislation by the National Directorate of Labour Inspection and the fact that, during the period 2014–16, over 80 per cent of inspected enterprises had given effect to the measures recommended by the labour inspection services during pervious inspections. The Committee requests the Government to provide information on the supervision of conditions of work in banana and pineapple plantations in the context of its next report on the Labour Inspection (Agriculture) Convention, 1969 (No. 129).
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. 1. General policy to combat trafficking. The Committee previously noted the Anti Trafficking Act, No. 9095 of 2013, intended to promote public policies to combat trafficking, strengthen the legal framework, establish a framework for the protection of victims and promote national and international cooperation. It also noted the establishment of the National Inter-institutional Coalition to Combat the Unlawful Smuggling of Migrants and Human Trafficking (CONATT), which has responsibility for developing, implementing and evaluating policies to combat trafficking, as well as the “Immediate Response Team” (ERI), responsible for coordinating protection, assistance and rehabilitation measures for victims. The Committee requested the Government to provide information on the policies adopted and the results achieved in the context of the implementation of the new Act and on the protection and assistance provided to victims and the judicial proceedings initiated in cases of trafficking in persons.
In its report, the Government indicates that the National Directorate of Labour Inspection did not record any cases of trafficking in persons in 2016 and 2017. Between 2014 and August 2017, the judicial authorities investigated 13 cases, of which eight have been set aside, two are ongoing and one is awaiting a preliminary settlement. The Committee notes this information. However, it notes with regret that the Government has not been able to provide information on the measures taken to combat trafficking in persons since the adoption of Act No. 9095. Nevertheless, the Committee notes, according to the information available on the website of the Ministry of Migration, that several activities have been carried out by the CONATT, including training and awareness-raising activities, such as the launching in November 2016 of the “Corazón Azul” (Blue Heart) Campaign. It also notes that funds have been assigned regularly to the CONATT for the development of a number of projects intended, for example, to strengthen action by the police and the collection of data on trafficking. Furthermore, a telephone line has been established through which this crime can be denounced free of charge and confidentially to the Judicial Investigation Body (OIJ). With regard to the protection of victims, an intervention protocol has been developed by the ERI with a view to improving the coordination of its action for victims.
The Committee also notes the adoption, on 9 September 2015, of the Regulations under the Anti-Trafficking Act (Executive Decree No. 39325). The Regulations provide for the publication, one year after their entry into force, of a National Policy for the Prevention and Comprehensive Action to Combat Trafficking in Persons, which will cover a ten-year period. The guidelines for the implementation of the policy are to be determined in the Strategic National Plan to Combat Trafficking in Persons and the Unlawful Smuggling of Migrants (PNE) (sections 7 and 8). Under the terms of section 34 of the Regulations, the various commissions of the CONATT are required to report annually on the activities undertaken for the implementation of the actions envisaged in the National Policy and the PNE. The Committee therefore requests the Government to provide detailed information on the adoption of the National Policy for the Prevention and Comprehensive Action to Combat Trafficking in Persons and the Unlawful Smuggling of Migrants (PNE). Please describe the measures adopted within the framework of these two instruments, and the activities undertaken by the CONATT in the fields of awareness-raising and prevention of trafficking in persons and the protection and assistance provided to victims.
2. Penalties. The Committee notes, according to the statistical information provided by the Government, that the number of cases referred to the judicial authorities and the number of convictions fell sharply between 2009–12 and 2014–17. The Committee requests the requests the Government to take the necessary measures to raise the awareness of the competent authorities concerning the phenomenon of trafficking in persons, both for sexual exploitation and for labour exploitation, and to reinforce their capacities for the identification of cases of trafficking and the repression of the perpetrators of this crime. Please provide information on the judicial proceedings initiated and the rulings handed down in cases of trafficking in persons. The Committee would also be grateful if the Government would provide information on the cases examined by the police and judicial authorities concerning the crime of labour exploitation set out in section 189 bis of the Penal Code.

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The Committee notes the observations of the Costa Rican Federation of Chambers and Associations of Private Enterprise (UCCAEP) and the International Organisation of Employers (IOE), received on 7 August 2014, as well as the observations of the Confederation of Workers Rerum Novarum (CTRN), received on 3 September 2014. In its observations, the CTRN reiterates the concern it had previously expressed in comments submitted in 2010 regarding the working conditions of bus drivers employed by companies affiliated to the National Transports Chamber, in particular with regard to their excessively long working hours. The Committee notes that, in its report, the Government provides detailed information on measures taken with a view to addressing the issue of excessive overtime and improving the conditions of work of bus drivers. The Committee notes further that, in its observations which were also submitted with the Government’s report, the UCCAEP and the IOE provide additional information on specific measures taken by the Government and private enterprises with a view to addressing the issue. While noting that the matters raised by the CTRN would be better addressed in the context of the Hours of Work (Industry) Convention, 1919 (No. 1), the Committee encourages the Government to continue to take measures to effectively implement the legal framework on conditions of work and overtime, and refers, in this regard, to the comments made under the aforementioned Convention.
Articles 1(1), 2(1) and 25 of the Convention. 1. Legislative measures to address forced labour, including trafficking in persons. The Committee previously noted the adoption of the General Law on Migrants and Aliens, No. 8764 of 2009, which promotes the integration of migrants in the country, ensuring respect for their rights; and the Law on the Protection of Victims, Witnesses and other Individuals involved in Criminal Proceedings, No. 8720 of 2009, which among other things, modified section 172 of the Penal Code, providing for a more detailed definition of the constitutive elements of the crime of trafficking in persons, including its aggravated forms. In this connection, the Committee notes with interest the adoption of the Anti-Trafficking Law, No. 9095, in 2013, which aims to promote public policies to combat trafficking; strengthen the legal framework, as well as sanctions to punish trafficking and related offences; establish a framework for the protection and assistance of victims and their dependents; and promote and facilitate national and international cooperation to address the issue (section 1). The law also provides for the establishment of an inter-institutional National Coalition against Illicit Trafficking of Migrants and Human Trafficking, responsible for the development, implementation and evaluation of anti-trafficking policies, as well as the institutionalization of the “Immediate Response Team” (ERI), responsible for coordinating protection, assistance and rehabilitation measures for victims. Additionally, the law amends section 189bis of the Penal Code (criminalizing servitude), so as to criminalize and sanction with a maximum imprisonment term of eight years the offence of labour exploitation, defined as the act of inducing or subjecting a person to the performance of work or services to the detriment of their fundamental human rights, and to which the said person has consented or not (section 80 of Law No. 9095).
The Committee also notes the Government’s indication that 150 cases of trafficking were brought before the authorities between 2009 and 2012, resulting in the conviction of 24 individuals, out of which six were sentenced to imprisonment sanctions ranging from two to 15 years. The Government’s statistical information further indicates that over 100 victims of trafficking were registered by the ERI between 2010 and 2013, more than half of which were victims of labour exploitation. While taking due note of the above information, the Committee requests the Government to continue to provide information on the application in practice of the Anti-Trafficking Law, No. 9095 of 2013, and other relevant provisions, indicating, in particular, the number of judicial proceedings initiated, the number of convictions and the specific penalties applied, including under amended section 189bis of the Penal Code, as well as the policies adopted and results achieved in the context of the implementation of the new Law. The Committee encourages the Government to pursue its efforts to ensure that appropriate protection and assistance is provided to all victims of forced labour, including victims of trafficking, and requests it to continue to provide information on the steps taken by the ERI and other relevant institutions in this regard, and the concrete results achieved.
2. Measures targeted at vulnerable groups. The Committee notes the comprehensive information provided by the Government on the measures taken, in the context of international cooperation agreements and initiatives involving private enterprises, in order to ensure an effective labour migration management and integrate and protect migrants. The Committee also notes the adoption of the first National Integration Plan (2013–17), as well as the country’s comprehensive migration policy (2013–23). Additionally, the Government provides information on the implementation of awareness-raising campaigns regarding the rights and responsibilities of migrant workers, and indicates that, through capacity-building initiatives initiated in 2011, it has provided training to approximately 40,000 people involved in the investigation and prevention of trafficking in persons and exploitation of migrant workers. The Committee encourages the Government to pursue its efforts to protect migrant workers against the imposition of practices which may amount to forced labour, providing the necessary assistance so as to enable them to assert their rights and denounce any abuses of which they may be victims, and requests the Government to provide information on the steps taken to this end. The Committee also requests the Government to provide information on any difficulties encountered by the immigration police, labour inspectors and other law enforcement officials in identifying victims and initiating legal proceedings. Finally, the Committee requests the Government to continue to provide information on the implementation of international bilateral agreements, as well as any other cooperation measures undertaken with a view to preventing and combating trafficking and the exploitation of migrant workers, and the concrete results achieved.

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The Committee notes the communication dated 22 August 2010 received from the Confederation of Workers Rerum Novarum (CTRN), which contains observations on the application of the Convention by Costa Rica, as well as the Government’s reply to these observations, received on 30 March 2011. In its communication, the CTRN expresses concern about the working conditions of bus drivers employed by companies affiliated to the National Transports Chamber, especially as regards the excessively long hours of work (from 16 to 18 hours a day, not adequately remunerated). The Committee notes that, in its reply to these observations, the Government provides detailed information on the measures it has been taking to address the issues raised by the CTRN. The Committee hopes that the Government will pursue its efforts towards the strengthening of the legal framework regarding overtime and to ensure its effective implementation, thereby averting any risk of a forced labour situation. It also refers in this connection to its comments addressed to the Government under the Hours of Work (Industry) Convention, 1919 (No. 1).
Articles 1(1), 2(1) and 25 of the Convention. Trafficking in persons. In its communication, the CTRN also expresses concern about the situation of migrant workers victims of trafficking for both labour and sexual exploitation in Costa Rica.
In its reply to the communication, the Government provides information on a number of measures it has been taking, in the last few years, to address the issue of trafficking in persons. As regards the legal framework to combat trafficking, the Government highlights the adoption of two laws in 2009: the General Law on Migrants and Aliens (No. 8764), which promotes the integration of migrants in the country, ensuring respect for their rights; and the Law on the Protection of Victims, Witnesses and other Individuals involved in Criminal Proceedings (No. 8720), which among other things, modifies section 172 of the Penal Code, providing for a more detailed definition of the constitutive elements of the crime of trafficking in persons, including its aggravated forms. The Government also indicates that labour inspections have been carried out by the Ministry of Labour and Social Security in order to monitor the application of the legislation in practice by employers, and to ensure that sanctions are imposed in case of non compliance. Finally, the Government provides information on prevention and awareness raising campaigns that have been carried out by the National Coalition against Trafficking in Persons in collaboration with UNICEF and the IOM.
While noting the above information, the Committee hopes that the Government will continue to make every effort to combat trafficking in persons, and particularly to protect and assist victims of sexual and labour exploitation. It requests the Government to continue to provide information on measures taken in this regard, as well as on the judicial proceedings initiated against those responsible for trafficking and related crimes, indicating the penalties imposed and the compensation provided to the victims.

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1. Freedom to leave employment. The Committee notes the information provided by the Inter-Confederal Committee of Costa Rica, dated 26 August 1997, alleging the violation of several Conventions ratified by Costa Rica, and it also notes the comments made by the Government, dated 9 June 1998.

In its comments, the Inter-Confederal Committee indicates that, under section 14 of the regulations with respect to first division matches and competitions, all professional teams must, as employers, register their list of players with the Competition Department of the Costa Rican Football Federation, a private association composed of football employers. Without such registration, no football player may work officially in the employment of a sporting association. Under section 32 of the same regulations, if a footballer wishes to change employer, he must be removed from the list of players of the team for which he works. Furthermore, the Committee notes that article 6 of the FIFA Regulations governing the Status and Transfer of Football Players establishes, among other requirements for the approval of a new contract of employment, that the transfer has been carried out in accordance with the association's regulations where the transfer is from one club to another within the national association. The Inter-Confederal Committee indicates that, under sections 33 and 36 of the regulations with respect to first division matches and competitions, the removal of a player from the register prior to a change of employer may be permitted at the request of the employer, in accordance with the clauses of a contract of employment or by decision of an arbitration tribunal operating within the structures of the Football Federation.

In its comments, the Inter-Confederal Committee of Costa Rica alleges that, in practice, the employment contracts of footballers do not contain clauses covering the expiry of the contract or permitting the footballer to request his removal from the register. This practice, according to the Inter-Confederal Committee, means that footballers are in a situation of being contracted for life and, with regard to their removal from the list of players, they are dependent on the wishes of their employer. Furthermore, the Inter-Confederal Committee alleges that, when a footballer wishes to change employer, he is required to pay a sum of money or sign a discharge stating that nothing is owed to him under the terms of the labour legislation, under penalty of not being removed from the list.

The Committee notes that removal from the register, as a prerequisite for ceasing or changing employment, is not dependent on the wishes of the worker, but on the actions of the employer. The worker is therefore constrained to continue an employment relationship which was freely entered into, but which it should be possible for him to bring to an end, if he so wishes, by giving a reasonable period of notice.

The Committee would be grateful if the Government would provide its comments on the allegations made by the Inter-Confederal Committee of Costa Rica with regard to the freedom of footballers to leave their employment, the practice of footballers' removal from the register as well as information on any measures which have been taken or are envisaged to ensure compliance with the Convention in this respect.

2. Article 2, paragraph 2(c), of the Convention. With reference to its general observation on the Convention made in its report to the 87th Session of the International Labour Conference (1999), the Committee requests the Government to include in its next report information as to the present position in law and practice as regards:

(i) whether there are prisons administered by private concerns, profit-making or otherwise;

(ii) whether any private prison contractors deploy prisoners to work either inside or outside prison premises, either for the account of the contractor or for that of another enterprise;

(iii) whether private parties are admitted by the prison authorities into prison premises of any kind for the purpose of engaging prisoners in employment;

(iv) whether employment of prisoners outside prison premises, either for a public authority or for a private enterprise, is allowed;

(v) the conditions in which employment under any of the above conditions takes place, in respect of remuneration (indicating the level and comparing it with any minimum wage applicable to such work), benefits accruing (such as pension rights and workers' compensation), observance of occupational safety and health legislation and other conditions of employment (e.g. through labour inspection), and how those conditions are determined;

(vi) what the source of any remuneration is (whether from public or private funds) and for what purposes it must or may be applied (e.g. for the personal use of the prisoner or if it is subject to compulsory deductions);

(vii) for whose benefit is the product of prisoner's work and any surplus profit deriving from it, after deduction of overheads, and how it is disbursed;

(viii) how the consent of the prisoners concerned is guaranteed, so that it is free from the menace of any penalty, including any loss of privileges or other disadvantages following from a refusal to work.

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The Committee notes the Government's report in which it indicates, in reply to the previous direct request, that the draft text on the conditions of service of the professional police is still being examined by the Legislative Assembly.

The Committee recalls that the Government has been referring to this draft legislation since 1983. The Committee first raised the question in relation to the right of members of the police to leave their employment subject to notice of a reasonable length. Please indicate the present situation in this regard.

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The Committee notes from the information supplied by the Government in its report that the draft text of the conditions of service of the professional police service is being examined by the Legislative Assembly.

The Committee requests the Government to supply a copy of the above text when it has been adopted.

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The Committee notes that, according to the Government's indications in its report, the draft text of the conditions of service of the professional police service has not yet been adopted.

The Committee requests the Government to supply a copy of the above text when it has been adopted.

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The Committee notes that the Government's report has not been recieved. It hopes that a report will be supplied for examination by the Committee at its next session and that it will contain full information on the following matters raised in its previous direct request:

The Committee takes note of the Bill to issue the Conditions of Service of the Professional Police Service, provided by the Government.

The Committee requests the Government to provide a copy of the above Conditions of Service as soon as they have been adopted.

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The Committee takes note of the Bill to issue the Conditions of Service of the Professional Police Service, provided by the Government.

The Committee requests the Government to provide a copy of the above Conditions of Service as soon as they have been adopted.

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