Costa Rica: Indigenous peoples suffer violent attacks for demanding recognition of their land rights

There are 8 indigenous peoples in Costa Rica with a total population of 104,143 people, comprising approximately 2.4 percent of the national population. Many live in 24 legally-recognised and titled indigenous territories, as well as on lands traditionally occupied, but not presently recognised or titled. The majority of indigenous peoples’ territories have been massively and illegally occupied by non-indigenous people, including some extreme cases where 98 percent of the land is held by non-indigenous people.

 

The recognition of indigenous territories began in the late 1930s and illegal occupation on these territories has been documented since at least the 1960s, when official State reports acknowledged it as a grave and urgent situation. Sadly, however, no concrete actions have been taken to tackle the problem. In 1977, Costa Rica adopted the Indigenous Law which provided that these territories are “inalienable and imprescriptible, non-transferable and exclusive for the indigenous communities…”. Nevertheless, Costa Rica’s actions and omissions contravene its own domestic legislation and international obligations as it implicitly approves of this illegal occupation. These actions and omissions have resulted in serious consequences for indigenous peoples, who cannot fully exercise and enjoy their property rights as well as other interrelated rights.

Studiesfile:///S:/Communications/ENewsletter/E-News%2019%20-%20February%202013/1_FPPEnews_Feb2013_CostaRica_AMG_Eng.docx#_ftn1[1] show that this is a nation-wide problem where some 6,087 non-indigenous people illegally occupy 43 percent (142,386.77 hectares) of the area that has been legally titled to indigenous peoples. In only two of the 24 indigenous territories are indigenous peoples in possession of 100 percent of their titled lands; in five (20.75%) they possess between 75 and 90 percent; in four (16.66%) they possess between 58 and 60 percent; and in six (25%) they possess between 32 and 50 percent. The remaining seven territories (29.16%) possess less than one-quarter of their titled lands, and three of these possess less than 10 percent. 

Over the past year indigenous peoples and their leaders have been attacked just for demanding the protection of their land rights. Since February 2012, racial hatred and tension against indigenous peoples has resulted in the attempted murder of two indigenous leaders (Pablo Sibas Sibas of the Teribe people and Sergio Rojas, leader of the Bribri of Salitre) and severe injury to over twenty people. The attempt on Sergio Rojas’ life was partly instigated by the Municipal Council of Buenos Aires who declared him persona non grata. As recently as 6 January 2013, three unarmed and peaceful Bribri members of Salitre, who participated in the recovery of illegally occupied lands within their territory, were attacked at midnight by armed non-indigenous assailants. Wilbert Ortiz was shot in the leg, Marcos Obando Delgado was stabbed with a machete leaving him with deep lacerations and two severed fingers and Mainor Ortiz Delgado was also stabbed with a machete and tortured with a hot iron rod, permanently scarring his chest. Undoubtedly, these attacks have caused severe physical and psychological trauma.  

As a result of this incident, the Costa Rican State’s Ombudsman and the United Nations country office issued a joint press releasefile:///S:/Communications/ENewsletter/E-News%2019%20-%20February%202013/1_FPPEnews_Feb2013_CostaRica_AMG_Eng.docx#_ftn2[2] condemning these acts of violence  and urging the state to take all necessary measures to ensure the life and physical integrity of all people involved in the conflict. They called for “these situations to be solved by peaceful means, within the legal framework and guaranteeing the rights of indigenous persons to their territory.”

These violent and atrocious actions against indigenous people and their leaders are unprecedented in Costa Rican recent history and are symptomatic of the negligence of the State to adequately address the land rights situation, despite demands by indigenous peoples and the recommendations of international human rights bodies, such as UN CERD and the Special Rapporteur on the Rights of Indigenous Peoples.

file:///S:/Communications/ENewsletter/E-News%2019%20-%20February%202013/1_FPPEnews_Feb2013_CostaRica_AMG_Eng.docx#_ftnref1[1] To see detailed graphs and figures of land ownership in Costa Rica, please visit: http://tinyurl.com/as7feb6

file:///S:/Communications/ENewsletter/E-News%2019%20-%20February%202013/1_FPPEnews_Feb2013_CostaRica_AMG_Eng.docx#_ftnref2[2] http://www.pnud.or.cr/index.php?option=com_content&view=article&id=1510:preocupacion-por-los-hechos-de-violencia-ocurridos-en-el-territorio-indigena-de-salitre&catid=49:reduccie-la-pobreza-desigualdad-y-exclusi&Itemid=101 (in Spanish only)