A/HRC/51/28/Add.1 Peoples Convention, 1989 (No. 169), and voted to adopt the United Nations Declaration on the Rights of Indigenous Peoples in 2007. 10. Although article 7 of the Constitution of Costa Rica states that international treaties need to be approved by the legislature if they are to form part of the country’s legal system, the Constitutional Court (Chamber IV of the Supreme Court) established that international human rights treaties may be directly transposed into the domestic legal system on the basis of the criteria laid down in the Vienna Convention on the Law of Treaties.3 Moreover, the Constitutional Court has clarified, in its final judgments, that international rights instruments have supra-constitutional rank.4 11. Although article 1 of the Constitution, amended in 2015, stipulates that Costa Rica is a multi-ethnic and multicultural State, it does not recognize the existence of the indigenous peoples. Only article 76 refers to the indigenous peoples, providing that the State must ensure “the maintenance and cultivation of national indigenous languages”. Nevertheless, Costa Rica has specific legal instruments that address various aspects of indigenous rights, including Act No. 6172 of 1977, which, inter alia, establishes the legal status of indigenous peoples and provides for the recording of property in the Public Register, mechanisms for preventing the appropriation of lands by non-indigenous persons, expropriation and compensation procedures, expropriation funds, the internal administration of commercial premises and the exploitation of natural resources. However, the failure to implement the Act and the use of the term “reserves” to refer to indigenous territories are a cause for concern. 12. Other laws and policies address specific aspects of the recognition and protection of the indigenous peoples. Act No. 5251of 11 July 1973 establishes the National Commission on Indigenous Affairs, assigning to it various functions, such as improving living conditions, safeguarding the indigenous peoples’ rights, and institutional coordination. The purpose of the Act on Access to Justice for the Indigenous Peoples of Costa Rica (Act No. 9593) is to ensure respect for indigenous cultures in the State justice system; however, it incorrectly refers to the indigenous peoples as “populations”, thereby minimizing their legal status. In addition, article 339 of the Code of Criminal Procedure provides for the concepts of “cultural diversity” and “cultural expertise” in criminal proceedings. 13. To ensure the protection and recognition of indigenous identity and culture, the Ethnic and Linguistic Diversity Act (Act No. 8054) of 4 December 2000, the Day of Cultures Act (Act No. 7426) of 23 August 1994 and the National Policy on Cultural Rights 2014–2023 have been adopted. Articles 9, 10 and 66 of the Biodiversity Act (Act No. 7788) and Executive Decree No. 20645 of 1991 also recognize various aspects of indigenous identity and culture, and Executive Decree No. 32454 of 2005 designates the Canton of Buenos Aires in the Province of Puntarenas as a special region for the Aboriginal cultures of Costa Rica. 14. Within that legal framework, the political participation of indigenous peoples has been promoted through the creation of permanent forums for dialogue and coordination between indigenous peoples and the State. The indigenous dialogue forums of Buenos Aires and Perez Zeledón are examples of this. 15. The Special Rapporteur recognizes as a good practice for promoting the political participation of indigenous peoples the establishment by the State in 2018, through Executive Decree No. 40932, of the General Mechanism for Consultation with Indigenous Peoples, following the recommendation made by the previous mandate holder in 2011 and in line with international human rights standards on the matter. 16. The Special Rapporteur congratulates the State on the enactment in 2019 of Act No. 9710, drafted in consultation with the indigenous peoples concerned, on the recognition of the transnational nature of the Ngäbe-Buglé people, which guarantees recognition of the right of the Ngäbe-Buglé people to Costa Rican nationality. 17. The Special Rapporteur highlights as a good practice the interministerial approach to the indigenous agenda, under the coordination of the Office of the Deputy Minister for Political Affairs and Civic Dialogue under the Office of the President. The management of 3 4 4 Supreme Court, Constitutional Chamber, judgment No. 6624, 11 November 1994. Ibid., No. 2313-1995, 9 May 1995; and No. 6856-2005, 1 July 2005. GE.22-11025