The Cahuita Afro-descendant community has filed complaints
against Costa Rica, claiming a violation of their right to equal
protection and recognition under international law, as per the
InterAmerican Convention against Racism, Racial Discrimination,
and Related Forms of Intolerance.
Unfulfilled International Commitments
Costa Rica is accused of failing to fulfill its commitments under various
international agreements, including the International Decade
for People of African Descent, leading to legal action by
the Afro-descendant community in Cahuita.
Law 6043
And the resolutions
of the Constitutional
Chamber
The Costa Rican State has legislated
and adopted policies incompatible with
pre-existing national and international
legal obligations concerning the rights
recognized for people of African
descent.
It can be observed in Law 6043 of 1977
and the resolutions of the Constitutional
Chamber, where vote 3113-09 annuls
Law 8464 and vote 2375-17 rejects
Regressive Measures
The implementation of a series
of regressive measures, such as
officially repeal or suspending
Afrodescendants from continuing
to enjoy their rights, such as
the right to title to property and
not to be exposed to evictions.
Impact and Urgency
The Costa Rican state has refused to implement corrective measures
regarding the dispossession of lands to the people of our communities.
For the mentioned reasons, we respectfully request
that the IACHR send a letter under Article 41
to state of Costa Rica.
The Afro-descendant Tribal People
of the South Caribbean are
championing the rights of
Afro-culture individuals
to manage their territories and
ancestral lands.
Recognition within the InterAmerican
system is crucial, and protecting
them from legal transgressions
is essential.
Acknowledging and strengthening
governance models on Afro lands is
vital for fair benefits distribution
in line with international conventions.
Upholding free, prior, and informed
consent is necessary for initiatives
on Afro-descendant grounds.
It needs reparative actions for
Afro-communities affected by
national policies and projects
in their territories.