A/HRC/51/28/Add.1
I. Introduction
1.
The present report reviews the situation of the indigenous peoples of Costa Rica,
drawing on information received by the Special Rapporteur during his visit to the country
from 6 to 17 December 2021 and taking into account the observations made by his
predecessor in 2011, 1 the communications issued by mandate holders and the
recommendations of other international and regional human rights mechanisms.
2.
The Special Rapporteur met with, among others: the incumbent President; senior
representatives of the Office of the President of the Republic and of several ministries; the
Human Rights Committee of the Legislative Assembly; representatives of the judiciary,
including the acting Attorney General and his team in a bilateral meeting; representatives of
the National Council of Persons with Disabilities; and representatives of the Office of the
Ombudsman.
3.
He met with indigenous authorities, representatives of indigenous women’s
associations, human rights defenders, civil society organizations, trial lawyers,
representatives of organizations of persons with disabilities, representatives of the United
Nations system and representatives of the international community.
4.
The Special Rapporteur visited indigenous communities, where he held meetings
attended by around 400 representatives of some 70 different organizations, associations and
networks, which included organizations of older persons, women’s organizations,
development and youth associations and organizations of persons with disabilities.
5.
The Special Rapporteur would like to thank the Government of Costa Rica for its
cooperation, which enabled him to conduct his visit independently. He also wishes to thank
the Resident Coordinator Office, the United Nations system and the Office of the United
Nations High Commissioner for Human Rights (OHCHR) for their support in making the
visit a success. In particular, he wishes to thank the indigenous peoples of Costa Rica for
their hospitality in their territories.
II. General considerations
6.
Costa Rica is home to eight indigenous peoples: the Boruca or Brunca, the Bribri, the
Bröran or Terraba, the Cabecar, the Chorotega, the Huetar, the Maleku or Guatuso and the
Ngäbe. According to the 2011 census, they make up 2.4 per cent of the country’s total
population. Of this number, 34.5 per cent live in the country’s 24 indigenous territories,
which account for 6.7 per cent of the national territory (3,344 km 2).2
7.
Although these 24 territories are protected by the Indigenous Act (Act No. 6172) of
29 November 1977, the 2011 census shows that most of these indigenous territories are in
the hands of non-indigenous settlers. This is the case for 52.3 per cent of the Bribri people’s
Kéköldi territory; 53.1 per cent of the Brunca people’s Boruca territory; 58.7 per cent of the
Maleku people’s Guatuso territory; 56.4 per cent of the Teribe people’s Terraba territory; and
88.4 per cent of the Huetar people’s Zapatón territory.
8.
Although the Special Rapporteur emphasizes the importance of the inclusion, for the
first time, of the ethnic self-identification rubric in the 2011 census, he finds it regrettable
that the disaggregated statistical data on indigenous peoples required to set social and
economic policies relevant for meeting those peoples’ specific needs are lacking.
III. Indigenous rights and the legal and institutional framework
9.
Costa Rica has ratified the main international and inter-American human rights
treaties, in particular the International Labour Organization (ILO) Indigenous and Tribal
1
2
GE.22-11025
A/HRC/18/35/Add.8.
International Work Group for Indigenous Affairs, El Mundo Indígena 2020, 34th ed. (Lima, 2020),
pp. 400–407.
3