FPP condemns new attacks against Bribri Women in Costa Rica and reiterates its rejection of all forms of impunity

Open letter to the Costa Rica authorities

Ladies and Gentlemen

President of the Republic, Carlos Alvarado Quesada

Attorney General of the Republic, Emilia Navas Aparicio

Magistrates, Plenary Court of the Supreme Court of Justice

Deputies, Special Permanent Commission on Human Rights

Amid the constant violence against indigenous communities, Forest Peoples Programme once again condemns recent acts of threats and violence, this time against the Bribri women of the Indigenous Territory of Salitre.

On 21 August 2020, the Bribri indigenous women Claudina Figueroa Rojas and Ana Patricia Calderón Figueroa, mother and daughter of the Uniwak clan, and defenders of their territorial rights, were threatened on their rightful indigenous territory. The perpetrator was known recidivist aggressor Eliodoro Figueroa Uva (sometimes known as Heliodoro).

The armed attacker entered the farm, recovered by the indigenous women, to take photographs of their plantations and crops. Ana Patricia and Claudina proceeded to intercept him, demanding he leave their property located within the territory granted by the Government to the Bribri indigenous people. The invader responded with insults and threatened them at knifepoint, saying “I am a very dangerous man,” and warning them that he would return. Upon realising that the indigenous women would not abandon their crops, he started recording them on his phone, threatening them. That was when they noticed that he also carried a firearm in addition to the knife.

These are not isolated cases.  The impostor has various criminal charges against him for crimes against the physical integrity and life of indigenous people in the area. There are even special restrictive measures against him following his attacks on another Bribri person. Despite this, he remains at large, stealing crops, carrying weapons and threatening existing victims and legitimate indigenous landowners (in accordance with internal regulations). This demonstrates the absolute impunity of his actions, perpetrating new crimes to his benefit, including those against indigenous women granted Precautionary Measures by the Inter-American Commission on Human Rights in 2015 (MC 321/12) to protect the Bribri people from such attacks and threats.

This case also demonstrates the negligence of the State authorities – particularly the police – in cases of violence against indigenous people, including women. It highlights a serious breach of its obligation to grant protection to people who are members of vulnerable groups and especially subjects of precautionary measures.

When Claudina and Ana Patricia did indeed request the assistance of the Fuerza Pública (local police), the officers repeatedly told them and managed to convince them that such threats were not their responsibility. They were told that it was not possible to file a criminal complaint, so they proceeded to withdraw without reporting the attack. The police officers did not fulfil their duty despite knowing the danger posed by the aggressor. They are aware of the existing legal proceedings against Mr Eliodoro as they have arrested him on at least two other recent occasions. Finally, a legal representative was forced to intervene and request support from the Prosecutor’s Office for Indigenous Affairs in San José so that the corresponding complaint could be filed. This is a complaint that must be investigated with due diligence and analysed within a criminal prosecution strategy designed by the Prosecutor's Office, compiling all similar recurrent crimes involving this perpetrator and his family.

This individual with surnames Figueroa Uva, together with his brother Rodrigo and his father Heleodoro, illegally and violently usurp several farms in the Territory of Salitre to maintain their economic activities. On various occasions they attempted in total impunity to  murder indigenous people, such as José Enrique Ortiz and Minor Ortiz. The latter now lives with a bullet in each leg and a hot iron mark on his chest caused by the Figueroa Uva brothers, without having obtained justice or redress.

Without the legitimacy of possessing good faith in the territory, this family is enjoying absolute impunity in their criminal activities. On at least three occasions, the Courts have rejected Eliodoro Figueroa's request for preventive custody in proceedings in which Minor Ortiz is the victim, despite compliance with the requirements of domestic legislation, Arts. 10 and 239 of the Costa Rican Criminal Procedure Code.  Therefore, there are sufficient grounds to reasonably maintain that the accused is the perpetrator of the punishable act. The crime attributed to the aggressor is punishable by imprisonment, and he continues to commit crimes because his attacks and threats are being constantly reported. Finally, and most importantly given the victim’s position of vulnerability, there is serious risk and danger for the victim and his relatives.  On at least three occasions, the Prosecutor's Office has failed to present sufficient arguments to keep this dangerous man and his family members away from the Bribri and their lands. 

The State of Costa Rica, including the Judicial Branch, continues to guarantee their impunity. Due to the state's acquiescence, the Figueroa Uva family will continue to destroy crops and houses, attacking the life and physical integrity of indigenous people in Salitre.

For these reasons, Forest Peoples Programme once again condemns all acts of violence against indigenous women and other members of indigenous communities, and calls for:

• The State and the International Community to condemn this type of crime.
• The state authorities to prioritise their duty to open serious, impartial, independent and effective investigations proprio motu and without delay into the above events. In particular, they must compile all the serious and recurrent crimes, and establish precautionary measures that ensure these serious crimes do not reoccur.
• The corresponding authorities give priority to the judicial cases related to the provision of the lands claimed by both the Bribri and the invaders of the family of Eliodoro Figueroa Uva (and Díaz).
• An Effective Mechanism to be adopted for indigenous people to file the corresponding complaints without delay; both the police and the Public Prosecutor's Office in Buenos Aires must be instructed to facilitate the filing of complaints, their process, and periodic communications with the victims to update them on the status of their cases.
• The adoption of measures to guarantee compliance with internationally agreed human rights obligations, with special emphasis on the American Convention on Human Rights, and the Convention on the Elimination of All Forms of Discrimination Against Women (CEDAW) and the Convention Inter-American Court to Prevent, Punish and Eradicate Violence Against Women (Convention De Belem Do Para).
• The adoption of measures to tackle the underlying causes of this type of violence, including: the adoption by the State of strategies to prevent new encroachments and quick and effective eviction strategies to ensure the integrity of the beneficiaries, as well as their ancestral property.
• The State of Costa Rica to comply with its obligation to guarantee the life, integrity and rights of the Native Peoples. In particular, compliance with the measures arising from MC 321/12.

Sincerely,

Louise Henson

Managing Director

 Forest Peoples Programme

CC:

• United Nations Special Rapporteur on the Rights of Indigenous Peoples
• United Nations Special Rapporteur on Violence against Women, its Causes and Consequences
• Working Group on Discrimination Against Women and Girls of the United Nations High Commissioner for Human Rights
• United Nations Special Rapporteur on the situation of Human Rights Defenders
• United Nations Special Rapporteur on Racism
• UN Committee on the Elimination of all forms of Racial Discrimination
• UN Committee on the Elimination of Discrimination against Women (UN-CEDAW)
• UN Women Geneva
• Coordinator of the United Nations Program in Costa Rica
• Inter-American Commission on Human Rights
• Ombudsman's Office, Costa Rica
• Ditso Iriria Ajkonuk Wakpa Council
• Brörán Council of Elders