A/HRC/51/28/Add.1 39. The peoples with whom the Special Rapporteur met reported that, in 2011, owing to the lack of political will in State institutions to indemnify them for their lands, which is demonstrated by, among other things, the failure to enact the bill on the autonomous development of indigenous peoples and the ineffectiveness of the National Plan for the Recovery of Indigenous Territories, they were obliged to start organized de facto requisitions of their own lands, since those lands are their only means of earning a living and keeping their culture alive. 40. The Special Rapporteur is concerned about documented acts of violence, such as threats against persons requisitioning lands and two murders of indigenous leaders (see section D), which are under investigation. He is also worried about reported violations of the right of access to basic services, such as water and electricity, on requisitioned plots of land. 41. Indigenous peoples reiterated that requisitioned plots of land are their only source of subsistence, all the more so during the coronavirus disease (COVID-19) pandemic. The Special Rapporteur was able to see that development schemes have been implemented on the requisitioned plots, fostering the recovery of indigenous identity and food self-sufficiency. One example of this is the Crun Shurín plot in the Terraba territory, where sustainable agriculture schemes support at least 26 families and 80 persons. 42. The Special Rapporteur received worrying reports about the environmental and social damage associated with monocultures and agrochemicals, for example, in the Canton of Buenos Aires, including the contamination of soil and water by companies. C. Consultation and free, prior and informed consent 43. The Special Rapporteur welcomes the adoption by the Government of a mechanism for consulting the indigenous peoples, intended to guarantee their right to free, prior and informed consent and the effective protection of their collective rights. Executive Decree No. 40932 was enacted in 2018, with the participation and consent of 22 indigenous territories, and drafted following over 120 visits to indigenous territories. The decree established the Technical Unit for Indigenous Consultation, the body of the Ministry of Justice and Peace responsible for the technical and financial administration of indigenous consultation processes and the indigenous territorial consultation bodies, the Government’s indigenous counterpart and interlocutor in each indigenous territory. Each indigenous territory appoints the members of its body on the basis of its own rules and representation mechanisms. 44. Although the Government has trained the staff of the Technical Unit for Indigenous Consultation with the support of the United Nations system, more staff still need to be recruited, the Unit’s capacity to duly handle all the requests for consultations still needs to be enhanced and staff knowledge of indigenous peoples’ rights still needs to be improved. It is also worrying that, in territories where there are no indigenous territorial consultation bodies, consultations are conducted through comprehensive development associations. 45. The Special Rapporteur notes that the consultation on the adoption of the draft public policy for indigenous peoples was the first time that use had been made of the Government’s General Mechanism for Consultation with Indigenous Peoples and will serve to evaluate its effectiveness. The public policy for indigenous peoples will address important issues, such as the recognition of indigenous autonomy and territoriality, self-development and wellbeing, the indigenous peoples’ social inclusion and institutional effectiveness in support for indigenous peoples. The Special Rapporteur congratulates the Government of Costa Rica on the progress it has made with the consultation, in particular in the Boruca territory, but reminds the Government that the Mechanism must be implemented in full in all indigenous territories. 46. The Special Rapporteur recognizes that the other branches of government have replicated this consultation mechanism for specific processes, such as Act No. 9710 and the draft institutional policy on indigenous peoples’ access to justice. However, both the Legislative Assembly and the judiciary need to set out their internal consultation procedures, in coordination with indigenous peoples and in line with applicable human rights standards. 8 GE.22-11025