Observation (CEACR) - adopted 2015, published 105th ILC session (2016)

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

The Committee notes the observations by the Confederation of Workers Rerum Novarum (CTRN) received on 2 September 2015.

Articles 2, 6 and 7 of the Convention. Legislation on indigenous matters and consultations. The Committee indicates in its report that the Indigenous Peoples’ Autonomous Development Bill (legislative file No. 14352) is on the agenda of the Plenary session of the Legislative Assembly (item No. 41). In December 2014, the Vice Minister of the Presidency of the Republic, addressing the Legislative Assembly’s Special Standing Committee on Human Rights, reiterated the Government’s commitment to the fulfilment of indigenous peoples’ rights. The Vice Minister visited 11 of Costa Rica’s 24 indigenous territories to ascertain their needs. The Committee notes that the forum for ongoing dialogue set up in January 2013, which includes several representatives of indigenous peoples, has four areas of work: setting consultation guidelines; promoting coordination and linkage between institutions; devising a mechanism for dialogue with indigenous peoples; and formulating a policy on indigenous lands and territories. During the visit to Alto Chirripó, in March 2015, the members of the Bribri Cabécar Indigenous Network (RIBCA) devised a mechanism for dialogue with the Government for the eight Alto Chirripó territories, the population of which accounts for roughly one third of the country’s indigenous population. The Government indicates that, in the absence of a suitable procedure for indigenous consultation, the public institutions have resorted to alternative consultation mechanisms. The Committee requests the Government to continue to provide information on the results of the work done by the forum for dialogue in drawing up consultation guidelines and on the passage of the Indigenous Peoples’ Autonomous Development Bill. Please also include information on any use made of the alternative mechanisms for consultation and participation pending the adoption of other, suitable procedures.

Article 14. Lands. The CTRN states that the unlawful occupation of indigenous territories has been a serious problem since the 1960s. The indigenous peoples hold ownership of all their lands in only two of the 24 titled and recognized indigenous territories. In its reply, received in July 2014, the Government states that the Rural Development Institute (INDER) succeeded in recovering lands in the indigenous territories of (Térraba, Vesta Suruy, Huetar Zapatón, Guaymi Abrojos, Montezuma, Briybri Cabagra and Rey Curré). The INDER is engaged in seeking a solution to claims of non-indigenous persons to payment of compensation for their lands located in indigenous territories. The INDER worked on developing a procedure to apply to the relevant provisions of the Indigenous Act (No. 6172 of November 1977), which will be analysed in conjunction with the National Committee on Indigenous Affairs (CONAI). The Government further indicates that the National Land Register has been assigned the task of demarcating the indigenous territory of Salitre. The Committee requests the Government to continue to provide information on the results of the measures taken to ensure the protection of indigenous territories, particularly the initiatives of the INDER, the CONAI and the National Land Register.

Articles 6, 7, 15 and 16. The El Diquis (Puntarenas) Hydroelectric Project. The CTRN observes that the inhabitants’ ombudsperson has pointed out on several occasions that for progress to be made with the El Diquis Hydroelectric Project, consultations need to be held with the indigenous peoples. The Government indicates that the Costa Rican Electricity Institute (ICE) is conducting an environmental impact assessment (EIA) of the hydroelectric project in question. The technical team in charge of the assessment has made proposals for possible measures for the prevention, mitigation and compensation of any negative impacts identified, and the promotion of positive ones. The Committee notes that according to the ICE, the EIA will continue to be treated as a preliminary study until it has been fully discussed and analysed with the local inhabitants and until the indigenous peoples involved have been consulted. The Government indicates that a public participation process has been set up to include non-indigenous communities and public institutions. The Committee notes that the indigenous consultation process will be implemented only once a general framework has been established for action between the State and the peoples. The Committee requests the Government to continue to provide information on developments in the El Diquis Hydroelectric Project and on how the consultation, cooperation and participation of the peoples concerned is ensured, as required by the Convention.

Articles 24 and 25. Social security and health. The Government indicates that since November 2013, the Costa Rican Social Security Fund (CCSS) has developed a model for differentiated and inclusive care. The model has a multicultural approach to human rights and gender issues and respects indigenous cultural practices. The CCSS also promotes the participation of indigenous peoples in the care process, the development of human resources and health education for the eight indigenous peoples. The Committee notes with interest the various efforts made by the CCSS to improve access to health care for peoples in remote areas, through the conclusion of an agreement between the institution’s doctors and traditional doctors in the Coto Brus area; the implementation of the project “Breaking down language barriers” to raise awareness among the staff of the integrated health-care base teams and initiatives to use air transport for health professionals visiting the locations of the Bajo Bley and Piedra Mesa communities. The Committee requests the Government to continue to provide information on the measures taken to ensure that social security coverage is progressively extended. It also requests the Government to continue to report on the implementation of the differentiated and inclusive healthcare model.

The Committee raises other points in a request addressed directly to the Government.