REDD+ IN COSTA RICA, WHAT CAN BE IMPROVED?: Indigenous Peoples Human Rights within REDD+

Abstract

This thesis analyses the development of REDD+ in Costa Rica. It sets out to analyse what the obligations of Costa Rica are under International Human Rights Law with regard to Indigenous Peoples at the moment of implementing REDD+; what laws should be changed before implementing REDD+ whether Costa Rica wants to fulfil its international obligations towards Indigenous Peoples; what impact the Payment for Environmental Services programme has had on Indigenous Peoples; and how the Costa Rican government can improve REDD+ at the moment. This thesis is articulated in four chapters. To understand the international law context in which REDD+ stands, chapter II provides an overview of what REDD+ is; and where in the process of REDD+ Costa Rica is situated. This theoretical overview serves to identify the principal legal features of REDD+ and its objective. Specifically, this chapter answers the questions: What is REDD+? What are REDD+ safeguards? What programmes have been created to address REDD+? This analysis sets the stage for the third chapter which reviews the implementation of REDD+ in Costa Rica. We address the following questions: What is Payment for Environmental Services (PES) in CR? How is it related with REDD+? Who are Indigenous Peoples in Costa Rica? What have been the impacts of the PES programme on Indigenous Peoples? What should be improved in the current PES facing REDD+? The fourth chapter investigates the Costa Rica s human rights obligations towards Indigenous Peoples in the implementation of REDD+ and the challenges that the past and current situation poses in the development of the programme. We focus on the right to representation, consultation, property, and to receive information. The following questions will therefore be addressed: What are the points of conflict between Costa Rican national law and International Human Rights Law regarding Indigenous Peoples rights? Is REDD+ the solution to the problem of Indigenous Peoples land tenure? Has the development of REDD+ consultation fulfilled with FPIC guidelines? Is Indigenous Peoples Free, Prior and Informed Consent respected?