Direct Request (CEACR) - adopted 2013, published 103rd ILC session (2014)

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

Articles 2 and 33 of the Convention. Coordinated and systematic action. Appropriate participatory bodies and mechanisms. The Committee again invites the Government to provide information on the areas of competence and the coordination methods of the bodies referred to in Articles 2 and 33 of the Convention, explaining how indigenous participation in these bodies is ensured.

Articles 8 to 12. Administration of justice. The Committee notes the establishment of an indigenous peoples subcommittee, which reports to the Judiciary’s Accessibility Committee, and the monthly meetings held with indigenous communities to ensure that the indigenous population has access to the justice system. The Committee invites the Government to continue to provide up-to-date information on the measures taken to give effect to Articles 8 and 12 of the Convention.

Article 14. Lands. The Government included in its 2013 report the observations of the Rural Development Institute (INDER), which expressed concern at the lack of planning, human and financial resources and proper institutional coordination. The Government notes that a pilot project is under way to demarcate an indigenous territory that will extend over several areas. The Committee asks the Government to take the necessary steps to ensure the protection of the indigenous territories, including through the recovery of lands traditionally occupied, and to provide further information in its next report on the results of INDER’s initiatives. It also invites the Government to provide information on the implementation and impact of the delimitation project mentioned in its report.

Article 15. Natural resources. The Government reports that, as part of the internal procedure of the National Technical Secretariat for Environment (SETENA), when an environmental impact assessment form is received, there is a review of the project’s geographical location; if the project is located on an indigenous reservation or if the direct or indirect area of influence established by the developer includes an indigenous reservation, the developer is informed that this element is to be taken into account in the environmental assessment. The Committee notes that the handbook of the Costa Rican Petroleum Refinery states that “the exploitation of natural resources in indigenous territories requires the latter’s consent (prior consultation) and must be carried out without prejudice to the cultural, social and economic integrity of the indigenous communities”. The Committee invites the Government to include information on the consultations held by SETENA during the period covered by the next report, for the authorization of projects that may harm the interests of the indigenous peoples. Please indicate how the participation of the communities concerned in the benefits of such projects is ensured (Article 15(2)).

Article 19. Agrarian programmes. The Committee notes the adoption of a state policy for the agro-food sector and rural development in Costa Rica 2010–21, with measures carried out in pursuit of respect for the culture of indigenous peoples, the autonomy of their territories, respect for nature and good production practices. The Committee also notes the projects being implemented by the Ministry of Agriculture and Livestock under the Programme for the Sustainable Development of the Binational Sixaola River Basin, the project to strengthen the sustainable traditional production system of men and women producers of the Cabécar indigenous territory, the project for the enhancement of business and value added in sustainable cacao production, and the project to strengthen the Kekoldi indigenous territory. The Committee invites the Government to include information in its next report on the impact of the agrarian development projects and programmes. It also invites the Government to report on the establishment of national funds for indigenous development.

Article 20. Conditions of work. The Committee notes the Confederation of Workers Rerum Novarum’s (CTRN) comments on the work situation of indigenous peoples. The CTRN indicates that employment in the indigenous territories is concentrated in the agriculture, livestock and fishing sectors, and refers to breaches of labour law and shortcomings in labour inspection, objecting that wages are lower than those of other workers, overtime is unremunerated and there are no holidays. The Committee requests the Government to provide its own observations to the remarks made by the CTRN and to continue to provide information allowing it to ascertain the social and occupational status of the indigenous peoples, particularly as compared to the non-indigenous population. The Committee also invites the Government to supply information on the results of labour inspection as regards the working conditions of indigenous workers.

Articles 21 to 23. Vocational training, handicrafts and rural industries. The Committee notes the information supplied by the Government on the progress observed by the National Training Institute (INA) in identifying training needs in consultation with the indigenous communities and with their participation. The Committee takes note of the research and projects undertaken to identify the indigenous peoples’ needs by the Health, Culture and Handicrafts Unit. The Committee invites the Government to continue to provide information on the INA’s activities, giving particulars of how it ensures that indigenous peoples are involved in designing special programmes for training and the promotion of their traditional activities.

Articles 24 and 25. Social security and health. The Committee notes that the Costa Rican Social Security Fund (CCSS) has sought progressively to extend the social security scheme and adequate health services provided in coordination with the indigenous population. According to the statistical data supplied by the Government, in the country as a whole the proportion of the active indigenous population without direct social security is around 44.8 per cent, whereas the figure for the non-indigenous population is 25.3 per cent. The Committee notes that the installed capacity for the provision of health care to the indigenous population consists of 19 health areas, 48 basic integral health-care teams (EBAIS), five area offices, 36 EBAIS offices and 82 centres for periodic check-ups that serve these communities. Information on the medicines supplied by the EBAIS is delivered by means of pictograms that are relevant to the way of life and world view of the people concerned, to help them to understand the instructions and follow the treatment. The Committee invites the Government to continue to provide information on the measures taken to ensure that coverage of the social security scheme is progressively extended.

Article 28. Indigenous languages. The Committee notes the measures taken by the Government to eradicate illiteracy in indigenous communities and the initiative headed by the Ministry for Culture and Youth (MCJ) in the process to devise a policy and a law on culture. The Government indicates that the MCJ, through the Culture Department, has developed a series of strategic actions to protect various cultural expressions of indigenous peoples that include support for the teaching and protection of the Brunca language. The Committee invites the Government to supply further information in its next report on the education measures taken to protect indigenous languages, including bilingual education.

Article 32. Cross-border contacts and cooperation. The Committee takes note of the two projects of the Migration and Foreigners Directorate that seek to regularize the status of the indigenous population living permanently in Costa Rica and the indigenous peoples, entering the country as temporary workers and cross-border workers (in 2011, 3,171 indigenous peoples were identified as living permanently in Costa Rica). The Committee also takes note of the agreements reached by the Costa Rican and Panamanian authorities in the course of a technical meeting held in October 2011 on the subject of the Ngöbe and Buglé laissez-passer. The Government indicates that the Migration and Foreigners Directorate has approached the Sixaola banana producers and the Coto Brus coffee producers in order to explain the process and the benefits for workers and employers. The Committee would be grateful if the Government would continue to provide information on the agreements reached with Nicaragua and Panama on the subjects covered by the Convention.

[The Government is asked to reply in detail to the present comments in 2015.]