Violations of Indigenous Peoples’ Territorial Rights: The Example of Costa Rica
The study presents a comprehensive analysis of the multidimensional nature of the law regarding indigenous peoples’ lands, territories and resources, along with its relationship to their cultural integrity and survival. This is explored in detail with reference to three particular territories: China Kichá, Térraba and Salitre. In addition, the relationship between territorial rights and the right to self-government, self-representation, effective participation in decision-making and the legal personality of indigenous peoples is explained.
The authors examine the issues in the light of Costa Rica’s obligations under national legislation, as well as the country’s obligations under international law. Special attention is given to the case law of the Inter-American Commission and the Inter-American Court of Human Rights.
The study identifies specific actions for working towards a solution to the illegal occupation of indigenous lands in Costa Rica, and for allowing indigenous peoples full and effective enjoyment of their territories. Such actions are dependent on the willingness of the Costa Rican state.
Authors: Fergus MacKay and Alancay Morales Garro
Orginal publication date: February, 2014
Publisher: The Forest Peoples Programme
Other ELLA knowledge materials relating to Indigenous and Ethnic Minority Rights:
GUIDES AND BRIEFS
LEARNING ALLIANCE HIGHLIGHTS