A/HRC/51/28/Add.1
recognized as full subjects of rights and as rights holders, instead of recipients of charity. It
is particularly worrying that State programmes to support persons with disabilities are not
promoted at the community level and that the scant support available for indigenous persons
with disabilities tends to be provided through community-led schemes, as in the case of
Kéköldi, the funding for which is often temporary. There is a lack of State programmes to
support indigenous persons with disabilities and their families in the areas of education,
employment and assistance.
87.
The Special Rapporteur is concerned about the absence of State-run programmes to
prevent suicide and to prevent and treat addiction among indigenous persons, despite the high
rate of attempted suicide of 27.4 per cent recorded among indigenous persons in 2017,
compared with a rate of 14.94 per cent for the population as a whole. 16 He is also concerned
that the loss of cultural identity, the lack of appropriate education and job opportunities and
the presence of drug trafficking are the chief factors driving the high rates of suicide and
addiction among indigenous young people, particularly in the Talamanca region. Indigenous
young persons have no choice but to resort to assistance schemes set up by their own peoples.
88.
The Special Rapporteur congratulates Costa Rica for its efforts to promote culturally
appropriate schemes, such as Mujeres Semilla Gestoras de Vida. In indigenous territories,
however, public investment in economic programmes to increase production and output is
limited, inaccessible and fails to take account of indigenous peoples’ realities, which is not
conducive to the self-sufficient, comprehensive development or well-being of indigenous
peoples.
89.
The Special Rapporteur wishes to note that undocumented indigenous migrants, such
as the Miskito, suffer even more from unemployment and insufficient pay and protection for
their rights.
VI. Conclusions and recommendations
90.
The Special Rapporteur wishes to underscore the openness and cooperativeness
of the Government and various State institutions. They acknowledge the challenges
identified and the need to undertake a reform process, in order to advance the
protection of indigenous peoples’ rights, and are prepared to accept the observations
constructively. The Special Rapporteur acknowledges the new Government’s political
will and the progress it has made; he urges the Government to continue making
progress.
91.
The Special Rapporteur points out that the structural causes of violations of
indigenous peoples’ rights are the lack of an appropriate land restitution policy and of
a legal framework ensuring recognition of indigenous peoples and their own authorities.
He is particularly concerned about the structural racism that permeates State
institutions, in particular at the local level; the failure to realize indigenous peoples’
economic, social and cultural rights; and the lack of effective measures to protect
human rights defenders.
92.
The Special Rapporteur underscores that the State must work together
cooperatively with the indigenous peoples on applying all the recommendations
included in this report.
Legal and institutional framework
93.
The Special Rapporteur recommends that the State:
(a)
Comprehensively revise the current legal framework by incorporating the
recognition of indigenous peoples and their collective rights, including the right to
indigenous justice at the constitutional and legal levels, and adjustments to the
terminology relating to peoples and territories;
16
14
Ibid.
GE.22-11025