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Violations of Indigenous Peoples’ Territorial Rights: The Example of Costa Rica

By: Fergus MacKay, Alancay Morales Garro, Forest Peoples Programme (FPP)

This 2014 study from the Forest Peoples Programme explores the issues of widespread illegal occupation of indigenous lands on a national scale. Using Costa Rica as a case study, the article 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.  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.

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Uploaded on: Mar 25, 2014
Last Updated: Dec 17, 2015
Year Published: 2014
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