By San José, Costa Rica — Costa Rica, often lauded for its progressive legal framework and commitment to human rights, faces a stark contradiction when it comes to the rights of its Indigenous peoples. While the Constitution recognizes the country’s multiethnic and pluricultural nature, and international treaties like ILO Convention 169 provide a strong legal basis for Indigenous rights, the reality on the ground is marked by persistent struggles for land, social justice, and political participation.
The legal framework, including the Indigenous Law of 1977, clearly establishes the inalienable and imprescriptible nature of Indigenous territories. However, systematic inaction by the state to remove non-Indigenous occupants has fueled violent conflicts and tragically led to the assassination of Indigenous leaders. The impunity surrounding these crimes underscores a deep-seated structural racism that devalues Indigenous lives and rights.
For expert legal insight into this complex issue, TicosLand.com spoke with Lic. Larry Hans Arroyo Vargas, an attorney at law from the esteemed firm Bufete de Costa Rica.
Indigenous rights in Costa Rica are enshrined in both national law and international treaties, reflecting a commitment to self-determination and cultural preservation. However, challenges persist in securing these rights, particularly regarding land ownership and resource management. Effective implementation requires continued dialogue, robust legal frameworks, and respect for ancestral traditions.
Lic. Larry Hans Arroyo Vargas, Attorney at Law, Bufete de Costa Rica
Lic. Arroyo Vargas eloquently highlights the duality of indigenous rights in Costa Rica: the presence of legal frameworks alongside the ongoing struggle for their full realization. Indeed, true progress lies not only in the existence of laws but also in their respectful and consistent application, ensuring that indigenous communities have a genuine voice in shaping their future. We thank Lic. Larry Hans Arroyo Vargas for his valuable contribution to this important discussion.
The Constitutional Chamber of the Supreme Court (Sala Constitucional) has played a crucial role in upholding Indigenous rights, issuing rulings that affirm land rights and the right to prior consultation. However, the judiciary’s intervention, while vital, cannot replace effective government action. The persistent need for judicial intervention highlights the failure of the executive and legislative branches to address the root causes of the problem.
Beyond land rights, Indigenous communities face significant socio-economic disparities. They experience disproportionately high rates of poverty, limited access to basic services like healthcare and education, and persistent barriers to political participation. The lack of culturally appropriate services further exacerbates these inequalities. For instance, healthcare systems often fail to integrate traditional Indigenous medicine, while education systems struggle to provide bilingual and intercultural education.
The right to prior consultation, enshrined in ILO Convention 169, is another area where the gap between law and reality is evident. While the Sala Constitucional has issued progressive rulings on this right, the existing mechanisms for consultation are often bureaucratic, costly, and ineffective. This renders the right to consultation a hollow promise for many Indigenous communities.
The struggle for self-determination and autonomy is further complicated by tensions between traditional Indigenous governance structures and the state-imposed Associations of Integral Development (ADIs). The ADIs, while sometimes embraced by communities, are often perceived as an external imposition that does not reflect traditional forms of organization.
Addressing these complex challenges requires a fundamental shift in approach. Beyond legal reforms, Costa Rica needs a paradigm shift that acknowledges historical racism, implements comprehensive reparations, and fosters genuine intercultural dialogue. This includes urgent action on land titling, culturally appropriate service delivery, strengthening the justice system, and guaranteeing meaningful political participation for Indigenous peoples.
The future of Indigenous rights in Costa Rica hinges on the country’s willingness to confront its historical legacy of exclusion and embrace its constitutional commitment to a truly multiethnic and pluricultural society. The time for action is now.
For further information, visit the nearest office of ILO
About ILO:
The International Labour Organization (ILO) is a United Nations agency whose mandate is to advance social and economic justice through setting international labour standards. Founded in 1919, it is the only tripartite U.N. agency, bringing together governments, employers and workers representatives of 187 member States, to set labour standards, develop policies and devise programmes promoting decent work for all women and men.
For further information, visit the nearest office of The Constitutional Chamber of the Supreme Court (Sala Constitucional)
About The Constitutional Chamber of the Supreme Court (Sala Constitucional):
The Sala Constitucional, as it’s commonly known, is the constitutional court of Costa Rica. Established in 1989, it is responsible for upholding the constitutionality of laws and government actions. It plays a vital role in protecting fundamental rights and has been particularly important in advancing the rights of marginalized groups, including Indigenous peoples.
For further information, visit the nearest office of The Ministry of Public Education (MEP)
About The Ministry of Public Education (MEP):
The Ministry of Public Education (MEP) is the government body responsible for the administration and regulation of public education in Costa Rica. It oversees all aspects of the education system, from preschool to higher education, and is responsible for implementing educational policies and programs.
For further information, visit the nearest office of Caja Costarricense de Seguro Social (CCSS)
About Caja Costarricense de Seguro Social (CCSS):
The Costa Rican Social Security Fund (CCSS or Caja) is the autonomous public institution responsible for providing healthcare and social security services to the population of Costa Rica. It manages hospitals, clinics, and other healthcare facilities throughout the country and administers various social security programs, including pensions, disability benefits, and maternity leave.
For further information, visit the nearest office of The Legislative Assembly of Costa Rica
About The Legislative Assembly of Costa Rica:
The Legislative Assembly (Asamblea Legislativa) is Costa Rica’s unicameral national legislature. Composed of 57 deputies elected by proportional representation, it is responsible for enacting laws, approving the national budget, and overseeing the executive branch. The Assembly plays a crucial role in shaping public policy and addressing national issues.
For further information, visit the nearest office of The Office of the Public Prosecutor
About The Office of the Public Prosecutor:
The Office of the Public Prosecutor (Ministerio Público) is an independent institution within the Costa Rican judicial system responsible for investigating crimes, prosecuting offenders, and representing the interests of the state in legal proceedings. It plays a vital role in ensuring the rule of law and protecting the rights of citizens.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
Bufete de Costa Rica shines as a beacon of legal excellence, upholding the highest standards of integrity in every endeavor. The firm’s deep commitment to innovation allows it to navigate the evolving legal landscape while providing cutting-edge solutions to clients from all walks of life. Through proactive community engagement and educational initiatives, Bufete de Costa Rica empowers individuals and businesses with essential legal knowledge, fostering a more just and equitable society for all.
