A/HRC/51/28/Add.1 transferable and exclusively for the indigenous peoples who live in them”, the Special Rapporteur has received allegations of serious violations of indigenous peoples’ rights on their lands, territories and natural resources. 31. The Special Rapporteur recalls that, for indigenous peoples, their territories are the place where their identity, culture and social system are passed on to the next generation. It is very worrying that much indigenous territory remains in the hands of non-indigenous persons, with none of the effective indemnification recommended by OHCHR and various other human rights mechanisms.8 32. According to reports received, the presence of non-indigenous persons in indigenous territories has sometimes caused the indigenous peoples to lose their identity, knowledge, language and food sovereignty, to the detriment of their individual and collective rights. It has also corroded the indigenous peoples’ social fabric, fostering division and conflict within those peoples. 33. In 2016, Costa Rica launched the National Plan for the Recovery of Indigenous Territories, led by the Rural Development Institute. The Special Rapporteur notes that, although this plan encourages the land titling, to date, no restitution has taken place. At the various meetings held with indigenous peoples, mention was made of a number of obstacles preventing this plan from ensuring the effective, fair and equitable restitution of their territories. 34. While the Special Rapporteur acknowledges the allocation of 3.2 billion colones and the preparation of 310 administrative case files by the Government for compensation proceedings, these efforts are insufficient. 35. According to information received, the National Plan for the Recovery of Indigenous Territories has created an ineffective land restitution procedure under which requirements additional to those associated with ordinary administrative eviction proceedings must be met. The comprehensive development associations’ power to request administrative evictions of possessors mala fide caused delays and procedural irregularities, since the associations lacked indigenous representation. Questions have also been raised about the Rural Development Institute’s procedure for identifying bona fide and mala fide title holders, on the one hand, and indigenous and non-indigenous persons, on the other, as the Institute does not have sufficient experts to enable it to discharge this duty. 36. The Special Rapporteur is also concerned about delays in implementing the National Plan for the Recovery of Indigenous Territories attributable to the proceedings that may be brought before the Administrative Tribunal at any stage of the process. Furthermore, the Special Rapporteur is worried about reports received about some final judgments in favour of non-indigenous persons handed down by the Administrative Tribunal due to ignorance of the legal framework on indigenous peoples’ land rights, and about failures to carry out administrative evictions of non-indigenous persons. 37. Against this backdrop, he is concerned about reports received on judicial decisions relating to forced evictions of indigenous families from their own lands, subsequent threats and violence from non-indigenous persons opposed to the indigenous peoples’ land claims – as in the case of the China Kichá indigenous territory – and the failure to adequately investigate indigenous peoples’ ownership rights to lands recognized in the Indigenous Act. 38. Although the Special Rapporteur recognizes the importance of protecting nonindigenous persons’ rights, in particular when they are in a precarious social position, it is essential that the relevant protocol provided for in the National Plan for the Recovery of Indigenous Territories, not become an instrument for postponing restitution of the indigenous people’s lands. 8 GE.22-11025 ILO, Committee of Experts on the Application of Conventions and Recommendations, observations and recommendations to the State of Costa Rica in accordance with Convention No. 107 (1991-78) and Convention No. 169 (2001, 2004, 2010, 2014 and 2016); CERD/C/CRI/CO/19-22, para. 28; CERD/C/60/CO/3, para. 11; CCPR/C/CRI/CO/6, para. 42; E/C.12/CRI/CO/5, para. 9; A/HRC/42/12, paras. 111.188 and 189; and A/HRC/27/12, paras. 128.11 and 128.179. 7