Observation (CEACR) - adopted 2000, published 89th ILC session (2001)

Indigenous and Tribal Peoples Convention, 1989 (No. 169) - Costa Rica (Ratification: 1993)

1.  The Committee notes the detailed report submitted by the Government.

2.  Articles 13 and 14 of the Convention.  In view of the Government’s statement in its previous report that there are large areas of indigenous lands in the possession of non-indigenous persons and that it does not have sufficient resources to compensate these persons upon their removal from those lands, the Committee requests the Government to indicate the progress made in returning the lands to the indigenous peoples concerned. The Committee also requests information on the extent of the indigenous territories still in non-indigenous possession and on the procedures that currently exist within the national legal system so that indigenous peoples can claim land which they have lost, or of which the ownership has not yet been determined. The Committee again requests the Government to supply information on the action brought against the State for alleged violations of indigenous rights as well as information on whether there are any lands occupied by indigenous peoples which have not yet been declared as indigenous reservations.

3.  Article 16.  The Government’s report states that the Electricity Institute of Costa Rica (ICE) is inquiring into the possibility of displacing indigenous populations in order to construct a hydroelectric dam. The Committee recalls that Article 16 of the Convention provides for various mechanisms to ensure the security of indigenous peoples within their territories and provides that where the relocation of indigenous peoples is considered necessary as an exceptional measure, such relocation shall take place only with their free and informed consent. Where their consent cannot be obtained, such relocation shall take place only through following appropriate procedures, established by national laws and regulations, including public hearings where appropriate, which provide the opportunity for effective representation of the peoples concerned. The Committee asks the Government to supply information on the proposed project and the peoples involved, including their numbers, the size of their territories, and how much of these lands ICE is considering appropriating. The Committee also requests information on what procedures exist for consultations with the peoples concerned and for providing for their effective representation in any relocation processes that are being considered.

4.  The Committee is addressing a request directly to the Government on other points.