IACHR approves a Report on Admissibility of the Bröran people, following international actions undertaken by the Bribri of Salitre and the Brörán of Terraba against the State of Costa Rica.

Submitted by the FPP team in Costa Rica

Washington, D.C. - On 15 July, the Inter-American Commission on Human Rights (IACHR) notified the approval of the Report on Admissibility No. 167/20 on the lack of recognition of the ancestral territory of the Teribe people by the State of Costa Rica. This lack of recognition limits their effective and reasonable participation in decision-making and the administration of their traditional territory, and disregards their own indigenous institutions and authorities in virtue of the imposition of the Association for Integral Development. The report also acknowledged the continued absence of free, prior and informed consultation and of effective legal remedies. All these facts were alleged on 22 March 2012 to the IACHR by two Brörán indigenous organisations, the Council of Elders of the Bröran People of the Teribe indigenous territory, and more than a dozen victims.

In its Report on Admissibility, the IACHR notes that the victims and legitimate petitioners denounced these violations at the national level, and observes that the alleged victims exposed the matter through adequate and valid alternatives and the State had the chance to address the matter in its jurisdiction, without properly establishing formulas for protection, stating that the victims had exhausted domestic remedies. Finally, the IACHR stated that the alleged facts could characterise violations of the rights to recognition of legal personality, due process, judicial guarantees and protection, freedom of expression, property, and political rights of the members of the Teribe indigenous people by the State of Costa Rica. These aspects will be substantially examined on the analysis on the merits, which is now beginning in case 14.026.

The petitioner, indigenous leader and defender of the rights of the Teribe, Pablo Sibar, said that as indigenous people, this report makes them feel highly proud, happy and willing to continue their struggle. He emphasised his gratitude to the IACHR and the importance of this resolution in relation to the murders of two indigenous leaders, and the constant danger and fear with which other leaders, including himself, live.

Meanwhile, Elides Rivera, leader and member of one of the petitioner organisations, the Orcuo dBon Women's Association (Mano de Tigre), said that as women who have participated since the beginning of the process, they welcome this report with great satisfaction, and that the report is a path towards achieving greater security in their territory, as well as well-being for their children, grandchildren and future generations.

This case is part of the constant and well-founded complaints that the Bribri of Salitre and the Brörán of Terraba indigenous peoples have made before the IACHR, and that in the case of the Bribri of Salitre,  originated case 13.540, at present awaiting the joint decision of admissibility and merits.

As victims of a massive illegal occupation, backed by the State, both indigenous peoples experience systematic violence on a daily basis in their territories. They concur that, along with denying the current dimension of violence, the State does not grant them the adequate protection that the seriousness of the situation demands, putting the lives and integrity of  their communities at risk, and preventing them from effectively possessing and securing the control of their traditional territory.

These indigenous peoples, beneficiaries since 2015 of the unfulfilled precautionary measure MC 321/12, have faced an increase of violence against them; the unpunished assassination of two of their leaders, Sergio Rojas and Jehry Rivera; have suffered threats, attacks and injuries; have survived murder attempts on many of their members, including women and children; and have suffered the terror of having their lands burned. In consequence, during a working meeting with the IACHR and the State on 8 July 2020, the Bribri indigenous people of Salitre and the Brörán indigenous people of Terraba, along with their legal representatives, reiterated the need for the IACHR to pronounce itself on the request made since 2018, so that the people benefited by it, who at the moment are under very serious risk, can count on the protection of provisional measures granted by the Inter-American Court of Human Rights.

For further information, please contact: Lic. Karinna Fernández, karinna@forestpeoples.org