A/HRC/51/28/Add.1 55. The Special Rapporteur wishes to underscore indigenous peoples’ right to peacefully defend their rights to land, territories and natural resources, and the State’s obligation to return indigenous land under Act No. 6162 and international law. E. Protected areas and environmental programmes 56. The Special Rapporteur recognizes the important role that Costa Rica plays in environmental protection at the international level. The Special Rapporteur notes that some State institutions are starting to recognize the indigenous peoples’ role in biodiversity policy and strategy. Using the consultation mechanism established by Executive Decree No. 40932 to fulfil the requirement to put in place a participatory process for indigenous peoples under article 83 of the Biodiversity Act is a particularly important step. 57. According to information received, a total of 5,844 km 2, land and sea, is under the protection of the eight indigenous peoples, which means that their ecosystems are highly protected. Within the indigenous territories, there is 1,728 km 2 of protected forest, such as national parks, wildlife refuges and three places declared World Natural Heritage sites by the United Nations Educational, Scientific and Cultural Organization. 58. However, the Special Rapporteur received reports that indigenous peoples had not been duly consulted about the delineation of protected areas and their management. Where protected areas overlap with indigenous territories and lands, as is the case with the Bribri and Cabecar peoples in the Talamanca area and in the territories of Maleku and Boruca, the peoples and their leaders informed the Special Rapporteur about the obstacles that they were facing in gaining access to their sacred places and medicinal plants and in engaging in ancestral activities. In relation to the Maleku territory, the Special Rapporteur was informed of obstacles impeding ancestral fishing practices and the prohibition of some types of ancestral hunting, even though these activities take place in accordance with their scientific knowledge, in a way that ensures the conservation of the species in question and of the environment. 59. According to reports received, although the indigenous peoples have been caring for the forests for centuries, they are not taken into account in the management of protected areas and do not receive fair and equitable environmental benefits. Indigenous peoples’ lack of participation in the drawing up of management plans that affect their collective rights is particularly worrying. 60. The Special Rapporteur was also informed of a lack of proportionality in the funds allocated, under the Programme of Payments for Environmental Services, to the indigenous peoples’ conservation work. Some peoples have not been able to gain access to the Programme and others reported that it had been discontinued, thus jeopardizing the stability of the social schemes funded by it, including education and assistance projects for vulnerable groups, such as older persons, persons with disabilities and young addicts. 61. Some indigenous persons reported that administrative requirements that are culturally inappropriate and do not take account of the indigenous peoples’ specific situation are blocking access to the Programme of Payments for Environmental Services. The Special Rapporteur is concerned about several cases in which a lack of specialist bodies and knowledge relating to the administration of the Programme’s funds has led to indigenous officials working for comprehensive development associations being accused of embezzlement. Indigenous peoples have also expressed concern about the associations’ administration of the Programme. 62. The indigenous peoples who met with the Special Rapporteur expressed concern about bill No. 21.087 on the modernization of the National Seed Office. According to reports received, indigenous peoples were not consulted about this bill, which could be detrimental to food self-sufficiency, indigenous control over native seeds and the indigenous economy. 63. The Special Rapporteur is concerned by reports that the agrifood industry sometimes pollutes buffer zones in protected areas, which has a negative impact on indigenous territories and sacred places, such as the Maleku territory. 10 GE.22-11025