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Showing 1 - 50 of 1259 recommendations
Goals | Recommendation | Categories |
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Costa Rica 54.The independent expert congratulates Costa Rica for its impressive achievements in the field of environmental protection. According to the Environmental Performance Index 2008, Costa Rica is ranked fifth in the world for protection of the environment. The expert notes that the progress made in the protection and management of natural resources, including the creation of national parks and reforestation of areas previously used for agricultural purposes, also have a positive impact on the protection of surface and groundwater sources. No translation available yet - check source document
(Special Procedures)
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Observation 2009
Source:A/HRC/12/24/Add.1|54| |
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Costa Rica 55.Costa Rica has made significant progress in increasing access to water and improved sanitation. The results achieved place Costa Rica among the most advanced countries in the Latin American and Caribbean region. Thanks to such efforts, Costa Rica will be able to achieve the objectives of Millennium Development Goal 7, which aims at halving, by 2015, the proportion of the population without sustainable access to safe drinking water and basic sanitation. No translation available yet - check source document
(Special Procedures)
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Observation 2009
Source:A/HRC/12/24/Add.1|55| |
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Costa Rica 56.The independent expert notes with appreciation that, according to the jurisprudence of the Constitutional Chamber, access to safe drinking water constitutes an inalienable human right that may be enforced in national courts. She also welcomes the fact that, in accordance with national legislation, the use of water for human consumption prevails over any other use, especially in times of water scarcity. The expert further notes the important role played by the Ombudsman’s Office in protecting and promoting access to safe drinking water and sanitation. No translation available yet - check source document
(Special Procedures)
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Observation 2009
Source:A/HRC/12/24/Add.1|56| |
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Costa Rica 57.The independent expert welcomes the adoption of legislative decree No. 8559 of November 2006, by which the Legislative Assembly approved the loan contract between the Government of Costa Rica and the Japanese Bank for International Cooperation for the realization of the project for the improvement of the environmental situation in the metropolitan areas of San José. The implementation of this project, which was started in 2007, will increase the percentage of the population connected to the public sewerage system and to a wastewater treatment plant from 3.5 per cent in 2007 to 26.8 per cent by 2015. No translation available yet - check source document
(Special Procedures)
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Observation 2009
Source:A/HRC/12/24/Add.1|57| |
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Costa Rica 58.Costa Rica has made significant efforts to improve the quality of water for human consumption. They include the adoption of the national programme for potable water improvement and quality sustainability of potable water services for the period 2007-2015, and the creation, in 2002, of the Seal of Quality Public Health Programme, awarded by the National Water Laboratory as an incentive for water providers to improve the quality of water they supply. No translation available yet - check source document
(Special Procedures)
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Observation 2009
Source:A/HRC/12/24/Add.1|58| |
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Costa Rica 59.The independent expert welcomes the steps taken by the Government to promote better hygiene and sanitation conditions. In this regard, she notes the success of the Blue Flag Ecological Programme, which provides an incentive to hoteliers, coastal associations and communities, schools and colleges to protect the natural resources of Costa Rica, including its beaches, protected natural areas and small water basins, and to promote measures aimed at combating the negative effects of climate change. She also welcomes the recent adoption of the national programme for the adequate management of wastewater in Costa Rica for the period2009-2015. No translation available yet - check source document
(Special Procedures)
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Observation 2009
Source:A/HRC/12/24/Add.1|59| |
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Costa Rica 60.Lastly, the independent expert notes with satisfaction the adoption of the new regulation creating an environmental tax for dumping polluting substances in water, thereby establishing the first economic instrument for the regulation of the use of water resources. The regulation, which is based on the "polluter pays" principle, applies to any person or legal entity of public or private nature who uses water, which is a public asset, as a means to introduce, transport or dispose of liquid wastes liable to provoke modifications in the physical, chemical or biological quality of water. No translation available yet - check source document
(Special Procedures)
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Observation 2009
Source:A/HRC/12/24/Add.1|60| |
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Costa Rica 61.The legal framework created by the 1942 Water Law for the management and use of water resources no longer corresponds to the social and economic situation of the country, and needs to be urgently revised and updated. The complexity of the existing normative framework on water and sanitation negatively affects its application. Furthermore, the involvement of a large number of institutions and organizations in its application raises serious doubts about their role and responsibilities, the duplication of responsibilities, the lack of inter-agency coordination and, at times, negative or positive conflicting competencies concerning the planning and the development of water and sanitation policies. No translation available yet - check source document
(Special Procedures)
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Observation 2009
Source:A/HRC/12/24/Add.1|61| |
Costa Rica 62.To date, progress in the institutional reform of the water sector under the direction oftheMinistry of the Environment has been limited, although the adoption of decree No.30480‑MINAE and the elaboration of the strategy for the integrated management of water resources are positive steps towards the strengthening of the water sector and the creation of national integrated management of water resources. No translation available yet - check source document
(Special Procedures)
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Relator Especial sobre los derechos humanos al agua potable y el saneamiento
Observation 2009
Source:A/HRC/12/24/Add.1|62| |
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Costa Rica 63.A number of institutions have, in addition to responsibilities concerning the development of legislation and policies on water and sanitation, responsibilities for the actual supply of water and sanitation services. AyA, for example, is the main Government agency responsible for the development and implementation of legislation and policies concerning water supply and sanitation, but also the principal operator of aqueducts and sanitary sewerage system. In the expert’s view, this situation creates a potential conflict of interests that could lead to inefficient public utility management and negatively affect the quality of services provided. No translation available yet - check source document
(Special Procedures)
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Observation 2009
Source:A/HRC/12/24/Add.1|63| |
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Costa Rica 64.The implementation of legislation and policies on water and sanitation is also hindered by a lack of sufficient human, technical and financial resources. For example, the lack of sufficient personnel, the limited financial resources and the lack of laboratories to analyse water samples prevent the Ministry of Health and AyA from systematically monitoring the quality of water for human consumption. The Water Department of the Ministry of the Environment can only count on three geologists and one hydrologist to combat illegal water connections and drilling of wells throughout the whole country. Personnel shortage also affects the capacity of the Constitutional Chamber of the Supreme Court of Justice and the Environmental Administrative Tribunal to provide an effective remedy in cases of violation of obligations relating to access to safe drinking water and sanitation. No translation available yet - check source document
(Special Procedures)
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Observation 2009
Source:A/HRC/12/24/Add.1|64| |
Costa Rica 65.The independent expert notes with concern that Costa Rica has not elaborated a national water balance. To date, this has not prevented the concession of new water permits or licences for the drilling of new wells, a policy that is inconsistent with the precautionary principle, which constitutes one of the guiding principles of Government action in the field of water management. The absence of a national water balance also fuels social conflicts over water use, some of which were witnessed by the independent expert during her mission. No translation available yet - check source document
(Special Procedures)
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Relator Especial sobre los derechos humanos al agua potable y el saneamiento
Observation 2009
Source:A/HRC/12/24/Add.1|65| |
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Costa Rica 66.The independent expert is concerned about the serious disparities still existing in some provinces and districts of Costa Rica with regard to access to safe drinking water, and notes that an estimated 18 per cent of the national population still does not have access to safe drinking water owing to the lack of maintenance of existing infrastructures, inefficient management and operation of the aqueducts, and the absence of programmes to monitor water quality. The independent expert notes with concern that the number of people without access to potable water has increased over the last four years. No translation available yet - check source document
(Special Procedures)
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Observation 2009
Source:A/HRC/12/24/Add.1|66| |
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Costa Rica 67.With regard to water providers, the independent expert notes that 23.7 per cent of the population supplied by municipalities and 40.2 per cent of the population supplied by ASADAS still do not have access to potable water. She also notes that the operation and management of rural aqueducts rests largely with community members, who carry out these functions adhonorem , often in addition to their full-time jobs, and do not have specialized knowledge on water provision services. AyA, which is responsible for overseeing the management and operation of rural aqueducts and for the direct management and operation of rural aqueducts when ASADAS cannot ensure the regularity and quality of services provided, has not been able to exercise effective control over the management and operation of rural aqueducts. No translation available yet - check source document
(Special Procedures)
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Observation 2009
Source:A/HRC/12/24/Add.1|67| |
Costa Rica 68.The inadequate management and operation of aqueducts also affects economic efficiency. Non-revenue water ("water losses") in Costa Rica is high, as most water providers operate with losses amounting to over 50 per cent. This figure reflects a high level of inefficiency, compromises continuity of service and leads to an increased need to use groundwater sources. No translation available yet - check source document
(Special Procedures)
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Relator Especial sobre los derechos humanos al agua potable y el saneamiento
Observation 2009
Source:A/HRC/12/24/Add.1|68| |
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Costa Rica 69.The independent expert is concerned about the existing inequity of water prices, given that they are fixed by different entities, and about the fact that ARESEP has not yet established any mechanism to facilitate economic access (affordability) to safe drinking water for poor households. No translation available yet - check source document
(Special Procedures)
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Observation 2009
Source:A/HRC/12/24/Add.1|69| |
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Costa Rica 70.With regard to indigenous peoples, the independent expert, while acknowledging the efforts made by Costa Rica to improve their access to safe drinking water and adequate sanitation, remains concerned that the majority of indigenous peoples living in traditional communities continue to have no access to potable water and adequate forms of sanitation. The expert also notes that indigenous communities have not systematically been involved, as provided by the Convention concerning Indigenous and Tribal Peoples in Independent Countries (Convention No. 169) of the International Labour Organization, in the development of strategic plans aimed at improving their access to water and sanitation. No translation available yet - check source document
(Special Procedures)
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Observation 2009
Source:A/HRC/12/24/Add.1|70| |
Costa Rica 71.The independent expert wishes to express her concern with regard to the use of Bromacil, Diurón and other pesticides in agricultural plantations, in particular in pineapple plantations, which have been associated with various forms of cancer if consumed in large amounts over a long period of time. No translation available yet - check source document
(Special Procedures)
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Relator Especial sobre los derechos humanos al agua potable y el saneamiento
Observation 2009
Source:A/HRC/12/24/Add.1|71| |
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Costa Rica 72.While recognizing that economic development constitutes both a legitimate aspiration and a tool to achieve a higher quality of life for all people in the country, the independent expert notes with concern that the current rate of tourist and real estate development of the country is unsustainable, and risks having long-lasting negative effects on the water resources of CostaRica and on its natural environment. She also expresses her concern at the social conflict originated by the construction of a pipeline to supply water to a number of tourism and realestate projects in Playa del Coco and Playa Hermosa, which, according to the residents of Sardinal, would threaten the sustainable management of the aquifer and negatively affect the supply of water to their communities. No translation available yet - check source document
(Special Procedures)
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Relator Especial sobre los derechos humanos al agua potable y el saneamiento
Observation 2009
Source:A/HRC/12/24/Add.1|72| |
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Costa Rica 73.The independent expert is deeply concerned that 63 per cent of human excreta and domestic wastewater is discharged directly into rivers and other water streams, and that only3.5per cent of wastewater is actually treated before being discharged into the environment. The expert also notes that illicit connections to the sewage system or storm drains and the excessive use of septic tanks also contribute to the contamination of surface and groundwater sources. No translation available yet - check source document
(Special Procedures)
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Observation 2009
Source:A/HRC/12/24/Add.1|73| |
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Costa Rica 74. The independent expert recommends that Costa Rica move as expeditiously as possible towards the adoption of a new water law. Such a law should rationalize the existing legal framework for the management and use of water resources, currently dispersed throughout a large number of laws and regulations, and adapt it to the present economic and social situation of the country. The law should also better define the roles and competencies of the different institutions working in the water sector, as recommended below. Civil society organizations with expertise in human rights, environmental protection and water-related issues should be involved in the design, future implementation and monitoring of the law. No translation available yet - check source document
(Special Procedures)
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Recommendation 2009
Source:A/HRC/12/24/Add.1|74| |
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Costa Rica 75. The new water law should: (a)Expressly recognize, in the light of the jurisprudence of the Constitutional Chamber, and taking into account general comment No. 15 (2002) on the right to water of the Committee on Economic, Social and Cultural Rights, that access to sufficient, safe, acceptable, physically accessible and affordable water for personal and domestic uses constitutes a fundamental human right and a prerequisite for the realization of other rights enshrined in the International Bill of Rights, especially the right to life and the right to health; (b)Recognize that water is a limited natural resource and that its management and use should be based on the principles of sustainable development, equity and inter‑generational solidarity; (c)Restate that water for personal and domestic uses should be accorded the highest priority over other possible uses, in particular during times of water scarcity; (d)Include appropriate mechanisms to ensure that water and water facilities/services are accessible to all, including the most vulnerable or marginalized sections of the population, in law and in fact, without discrimination on any of the prohibited grounds; (e)Incorporate measures to improve and monitor the quality of potable water; (f)Introduce appropriate instruments to prevent and monitor the contamination of surface and groundwater sources, such as economic instruments, charges and taxes aimed at creating an incentive for polluters to limit activities that are harmful to the environment; (g)Elaborate, in the light of principle 10 of the Rio Declaration, mechanisms to raise awareness among the general public about the importance of sustainable management and use of water, and to facilitate the effective participation of concerned communities in decision-making processes that may affect them. No translation available yet - check source document
(Special Procedures)
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Recommendation 2009
Source:A/HRC/12/24/Add.1|75| |
Costa Rica 76. The independent expert also recommends that the legal regime applicable to ASADAS be reviewed so as to strengthen their adequate management and operation. No translation available yet - check source document
(Special Procedures)
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Relator Especial sobre los derechos humanos al agua potable y el saneamiento
Recommendation 2009
Source:A/HRC/12/24/Add.1|76| |
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Costa Rica 77. The independent expert recommends that Costa Rica undertake a comprehensive review of its normative framework on sanitation, as envisaged in the national programme for the adequate management of wastewater in Costa Rica for the period 2009-2015, with aview to ensuring the establishment of a coherent and comprehensive system for the collection, management, treatment and disposal of human excreta and wastewater. Such legislation should expressly recognize that access to sanitation constitutes a condicio sine qua non for the effective exercise of other rights included in international human rights treaties to which Costa Rica is a party, including the right to an adequate standard of living and the right to health. No translation available yet - check source document
(Special Procedures)
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Recommendation 2009
Source:A/HRC/12/24/Add.1|77| |
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Costa Rica 78. The independent expert recommends that the Government of Costa Rica clarify the roles and responsibilities of the various institutions working in the water sector, with a view to ensuring the effective implementation of the legislation and policies relating to water and sanitation and avoiding duplication of responsibilitiesand conflicting competencies. The elaboration and implementation of a national plan for the comprehensive management of water resourceswould be an important step towards the rationalization and simplification of the water sector. No translation available yet - check source document
(Special Procedures)
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Recommendation 2009
Source:A/HRC/12/24/Add.1|78| |
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Costa Rica 79. The independent expert recommends that Costa Rica take all appropriate steps to ensure the effective implementation of legislation on water and sanitation, in particular the laws and regulations concerning access to safe drinking water and the adequate collection, management, treatment and disposal of human excreta and wastewater. She recommends, in particular, that the capacity of national and local institutions responsible for monitoring and ensuring compliance with the legislation on water management and sanitation be strengthened through, inter alia, the allocation of appropriate human, technical and financial resources to those institutions. The expert also calls for the allocation of sufficient human and financial resources to the Constitutional Chamber of the Supreme Court of Justice and the Environmental Administrative Tribunal, in order to ensure that any person whose rights or freedoms are violated have access to an effective remedy, as provided by article 2, paragraph 3, of the International Covenant on Civil and Political Rights. No translation available yet - check source document
(Special Procedures)
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Recommendation 2009
Source:A/HRC/12/24/Add.1|79| |
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Costa Rica 80. The independent expert urges Costa Rica to strengthen the implementation of its national legislation and policies on the collection, management, treatment and disposal of human excreta and wastewater in order to prevent the contamination of rivers and other water streams. The national programme for the adequate management of wastewater in Costa Rica for the period 2009-2015 and the regulation creating the environmental tax for dumping polluting substances represent, in the expert’s view, important steps towards the achievement of this goal. No translation available yet - check source document
(Special Procedures)
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Recommendation 2009
Source:A/HRC/12/24/Add.1|80| |
Costa Rica 81. The independent expert recommends that Costa Rica prepare a national water balance, as well as water balances for the different water basins of the country, in order to assess the present and future availability of water for human consumption. The expert stresses that such an evaluation constitutes a necessary precondition for the sustainable management and use of the country’s water resources. No translation available yet - check source document
(Special Procedures)
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Relator Especial sobre los derechos humanos al agua potable y el saneamiento
Recommendation 2009
Source:A/HRC/12/24/Add.1|81| |
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Costa Rica 82. The independent expert urges the Government to take all appropriate measures to reduce the serious disparities still existing in some provinces and districts of Costa Rica with regard to access to safe drinking water. Such measures should include the effective implementation of the national programme of potable water improvement and quality sustainability of potable water services for the period 2007-2015 (decree No.33953‑S‑MINAE of 2007) and the allocation of adequate financial and technical resources to ensure the maintenance or improvement of existing infrastructures and more efficient management and operation of rural and municipal aqueducts. No translation available yet - check source document
(Special Procedures)
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Recommendation 2009
Source:A/HRC/12/24/Add.1|82| |
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Costa Rica 83. The independent expert recommends that Costa Rica take appropriate measures to ensure that water is affordable for all. Such measures could include the integration of a pro-poor component in the pricing system and the provision of targeted subsidies to low‑income users. No translation available yet - check source document
(Special Procedures)
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Recommendation 2009
Source:A/HRC/12/24/Add.1|83| |
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Costa Rica 84. The independent expert urges Costa Rica to take immediate steps to develop, in close consultation with the communities concerned, strategic plans aimed at providing access to safe drinking water and adequate sanitation to indigenous peoples living in traditional reserves. Such plans should take into account the customs and traditions of the communities concerned and specifically include capacity-building measures aimed at ensuring the participation of community members in the development, management and maintenance of aqueducts and sanitation systems. No translation available yet - check source document
(Special Procedures)
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Recommendation 2009
Source:A/HRC/12/24/Add.1|84| |
Costa Rica 85. The independent expert recommends that Costa Rica adopt, as a matter of priority, the draft executive decrees regulating the use of Bromacil and Diurón in agricultural production. No translation available yet - check source document
(Special Procedures)
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Relator Especial sobre los derechos humanos al agua potable y el saneamiento
Recommendation 2009
Source:A/HRC/12/24/Add.1|85| |
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Costa Rica 86. The independent expert recommends that Costa Rica develop and implement appropriate policies to ensure the sustainable development of tourist and real estate activities, especially in coastal areas. In order to avoid the depletion of water sources currently used by local communities, the concession of new water permits or licences for the drilling of new wells should be made conditional upon the realization of an environmental impact assessment to evaluate the long-term effects that the new development may have on the availability and quality of water resources and, more in general, on the natural environment. In the light of principles 10 and 17 of the Rio Declaration, this assessment should be carried out by an independent authority, with the participation of concerned individuals and communities. No translation available yet - check source document
(Special Procedures)
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Relator Especial sobre los derechos humanos al agua potable y el saneamiento
Recommendation 2009
Source:A/HRC/12/24/Add.1|86| |
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Costa Rica 87. With regard to the construction of a new pipeline in Sardinal to supply water to tourism and real estate projects in the nearby Playa del Coco and Playa Hermosa, the independent expert reminds all parties involved that, according to the Costa Rican legislation, water for domestic consumption is accorded the highest priority over other possible uses, especially in situations of water scarcity (articles 140-142 of the Water Law). As requested by the Constitutional Chamber, the expert calls on the Government to take all appropriate measures to ensure the meaningful participation of affected communities in monitoring the implementation of the project, with a view to ensuring the sustainable management and use of the Sardinal aquifer. No translation available yet - check source document
(Special Procedures)
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Recommendation 2009
Source:A/HRC/12/24/Add.1|87| |
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Costa Rica 88. Lastly, the independent expert considers that Costa Rica should develop, in addition to the existing programmes on environmental protection, such as the Blue Flag Ecological Programme, specific educational programmes and awareness-raising initiatives for the public in general aimed at promoting the preservation and sustainable use of water resources and the adequate management and disposal of human excreta and wastewater. No translation available yet - check source document
(Special Procedures)
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Recommendation 2009
Source:A/HRC/12/24/Add.1|88| |
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Costa Rica 10. The Special Rapporteur takes note of the concerns expressed by indigenous representatives and non-governmental organizations regarding the El Diquís project, and the various complaints lodged against the project in the Costa Rican courts and elsewhere at both the national and the international level. In particular, concern has been expressed about the possible environmental, social and cultural impact of the project, and there have been allegations of a lack of adequate consultation with the indigenous communities affected by it. The Government has stressed that the project is still in the study phase, has not yet been approved in accordance with the procedure established by law, and will not be approved before consultations have been held with the indigenous peoples affected. No translation available yet - check source document
(Special Procedures)
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Observation 2011
Source:A/HRC/18/35/Add.8|10| |
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Costa Rica 11. It is important to note that all parties agree on the need to undertake consultations with the indigenous peoples of the territories affected by the project before it is approved, and that the consultation process should be consistent with international standards. Furthermore, in his meetings with representatives of the indigenous communities affected, the Special Rapporteur noted that, with few exceptions, there was a willingness to enter into a dialogue with the authorities about the project and to seek ways to protect their rights and share in the profits of the project. No translation available yet - check source document
(Special Procedures)
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Observation 2011
Source:A/HRC/18/35/Add.8|11| |
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Costa Rica 12.The Special Rapporteur believes that the Government should have launched the consultation process before carrying out technical studies, which would have allowed the indigenous communities affected to participate in the initial decision-making process. The design of the project is now at an advanced stage, however, and the Government has taken various decisions which commit it to researching and developing the project, without adequate consultation beforehand. It is clear to the Special Rapporteur that, although the hydroelectric project has not yet received final approval, the ability of the indigenous peoples to exercise their right to self-determination and establish their own priorities for development has been infringed. No translation available yet - check source document
(Special Procedures)
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Observation 2011
Source:A/HRC/18/35/Add.8|12| |
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Costa Rica 13.Nevertheless, the Special Rapporteur considers that it would be possible to remedy the lack of indigenous participation in the development of the project if a proper consultation process were launched now that met international standards and addressed the particular challenges posed in this case. The Special Rapporteur proposes criteria to further a consultation process of this kind below. No translation available yet - check source document
(Special Procedures)
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Observation 2011
Source:A/HRC/18/35/Add.8|13| |
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Costa Rica 14.According to the applicable international instruments, consultation with indigenous peoples who may be affected by the El Diquís hydroelectric project should be undertaken with the goal of obtaining their free, prior and informed consent. Such consent, which should be obtained before the project is approved, involves the indigenous peoples’ acceptance of the impact that the project will have on them, and must be on fair and equitable terms. The consequences of the project in the Teribe people’s case, under the current proposals, are that 10 per cent of their territory would be affected or flooded, and thousands of construction workers would be located there. For the other indigenous peoples affected, the impact would be less but still significant. As part of the consultation process, the parties should be open to seeking alternatives in the design of the project, so that its eventual impact will be different from that currently envisaged. No translation available yet - check source document
(Special Procedures)
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Observation 2011
Source:A/HRC/18/35/Add.8|14| |
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Costa Rica 15.Free and informed consent to the impact of the project should be sought prior to any Government decision to allow construction work to begin, and should be explicitly framed in an agreement or agreements which contain commitments by the Government or ICE. The agreements must take into account all the rights affected by the project in relation to each of the indigenous peoples affected, including their rights to land and natural resources, any rights that could underpin claims for compensation, any mitigation measures and sharing the project’s profits. No translation available yet - check source document
(Special Procedures)
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Observation 2011
Source:A/HRC/18/35/Add.8|15| |
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Costa Rica 16. With the aim of reaching consent and agreement, the consultation process consists of an intercultural dialogue held in good faith to achieve consensus and mutual accommodation of the parties’ legitimate interests. At the start of the process, neither the Government nor ICE should take it for granted that the project will go ahead, given that the final decision on whether or not the project should be undertaken is subject to the outcome of the consultations, irrespective of other considerations of social and national interest. Likewise, all parties to the consultations, including the indigenous parties, must act in good faith and recognize all parties’ legitimate interests in the hydroelectric project, and try to reach consensual decisions. No translation available yet - check source document
(Special Procedures)
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Observation 2011
Source:A/HRC/18/35/Add.8|16| |
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Costa Rica 17. In order to launch and move forward with a consultation process and to reach consensual long-term decisions, a climate of trust needs to be established between the parties, as well as within the process itself. Given the project’s history and various factors related to the disadvantaged situation of the indigenous peoples concerned, a number of concrete measures need to be taken in order to build this trust. No translation available yet - check source document
(Special Procedures)
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Observation 2011
Source:A/HRC/18/35/Add.8|17| |
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Costa Rica 18.Firstly, ICE should acknowledge and address the concerns expressed by various representatives of the indigenous peoples and organizations concerned regarding the terms on which the hydroelectric project has been promoted and the preparatory studies carried out. There have been complaints from representatives of the Teribe people about construction work carried out by ICE, as well as the presence of heavy machinery for geological and other research within the Térraba territory. It is alleged that ICE did not conduct adequate consultations before moving onto Térraba territory, where it has been present since 2006. However, ICE and the Government maintain that it was not necessary to carry out the consultations stipulated in international instruments because ICE was only there to carry out research prior to starting the project. ICE also maintains that it did consult with the inhabitants of the Térraba territory, that it disseminated information on the hydroelectric project and that it sought permission to set up research facilities in the territory. No translation available yet - check source document
(Special Procedures)
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Observation 2011
Source:A/HRC/18/35/Add.8|18| |
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Costa Rica 19.The Special Rapporteur has observed that the indigenous peoples and organizations concerned generally believe that whatever consultations ICE carried out in the past were inadequate. Furthermore, the Special Rapporteur shares the view that, in accordance with international standards, ICE should have conducted consultations on the research facilities and activities before starting work in the Térraba territory, independently of any consultations carried out before the project is implemented. He also believes that ICE could have shown more consideration towards the indigenous peoples with regard to the project, as acknowledged by the ICE leadership in conversations with him. No translation available yet - check source document
(Special Procedures)
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Observation 2011
Source:A/HRC/18/35/Add.8|19| |
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Costa Rica 20.The withdrawal of ICE from its facilities and operations in the Térraba territory, which was announced during the Special Rapporteur’s visit, is a positive step towards overcoming the obvious mistrust caused by their presence. The Special Rapporteur believes it would also be advisable for ICE to agree not to recommence operations in indigenous territories without carrying out adequate consultations beforehand and to acknowledge the shortcomings in its behaviour towards the indigenous peoples. No translation available yet - check source document
(Special Procedures)
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Observation 2011
Source:A/HRC/18/35/Add.8|20| |
Costa Rica 21.Also to help build a climate of trust, the Special Rapporteur considers it would be advisable for ICE to release the feasibility studies carried out before the current stage of research began. Several organizations have requested these studies, yet to date ICE has refused to release them, arguing that they are incomplete or that the information in them could be misinterpreted. No translation available yet - check source document
(Special Procedures)
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Relatora Especial sobre los derechos de los pueblos indígenas
Observation 2011
Source:A/HRC/18/35/Add.8|21| |
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Costa Rica 22.The Special Rapporteur understands that the current feasibility and impact studies complement existing ones, and notes that ICE intends to disseminate information from the studies at future consultations on the project, as is its duty. However, the failure to release the completed feasibility studies has resulted in strong criticism and mistrust of the position of ICE and the Government as regards the project. The Special Rapporteur believes it would be advisable for ICE to seek a way of making these completed studies available, as a sign of its readiness to engage in a transparent consultation process in which the indigenous parties have access to comprehensive information. No translation available yet - check source document
(Special Procedures)
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Observation 2011
Source:A/HRC/18/35/Add.8|22| |
Costa Rica 23.Another issue is that most of the indigenous territories affected by the project are occupied by non-indigenous persons. It is estimated that at least 80 per cent of the Térraba territory is occupied by non-indigenous persons. In building the reservoir, the El Diquís project could mean the loss of 10 per cent of the Térraba territory. It is therefore understandable that the Teribe people see the project as a threat and fear that instead of recovering more of their territory, they may lose even more of it. No translation available yet - check source document
(Special Procedures)
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Relatora Especial sobre los derechos de los pueblos indígenas
Observation 2011
Source:A/HRC/18/35/Add.8|23| |
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Costa Rica 24.As explained in paragraphs 42-44 below, the possession of large tracts of indigenous territories by non-indigenous persons is an underlying problem in Costa Rica and should be addressed by the Government as a matter of priority. In the case of the indigenous peoples affected by the El Diquís project, the Special Rapporteur believes that efforts should be made to establish a mechanism for land recovery, which could help create the conditions for consensus on the project. No translation available yet - check source document
(Special Procedures)
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Observation 2011
Source:A/HRC/18/35/Add.8|24| |