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Costa Rica: The recourse available to landowners who are forced off their lands by wealthy landowners or influential people (1997 to October 2002)

No reports of landowners being forced off their lands by wealthy landowners or influential people could be found among the sources consulted.

However, land invasions by squatters are common in Costa Rica (A.M. Costa Rica 8 July 2002; Central America Report 26 Mar. 1998; Country Reports 2001 2002, section 1f). The Central America Report states that 17,000 hectares of land were occupied by some 1,278 families in the district of Sarapiqui, Heredia province (26 Mar. 1998). By law, landowners are obliged to pay squatters after one year of occupation for any improvements made to the farm property (finca) (ibid.). In terms of recourse available to landowners, they can, if they have legal titles to their properties and have paid their taxes, call the public security forces to remove the squatters after the first day of occupation (ibid.). The report states, however, that often fincas are occupied for years and despite attempts to evict the squatters, landowners tend to support the status quo to avoid any problems (ibid.). Observers criticize the Agrarian Development Institute (IDA) for not acting quickly enough to resolve the problem of land invasions (ibid.).

On land invasions, Country Reports 2001 states that:

The law grants considerable rights to squatters who invade uncultivated land, regardless of who may hold title to the property. Irregular enforcement of property rights and duplicate registrations of title have damaged the real property interests of many who believe they hold legitimate title to land. Landowners throughout the country have suffered frequent squatter invasions for years. The incidence of squatter invasions had increased in 1999 in anticipation of the land tenure regularization. During 2000, the Government removed 230 families without reports of protests or violence. However, on July 20, the Government removed 400 families from a Standard Fruit Company property in Rio Frio, involving use of tear gas by police and gunfire by some of the squatters. The Red Cross reported that in the aftermath it treated 38 individuals, including 5 policemen and 8 squatters. According to the Ministry of Public Security, one squatter who was injured by tear gas later died from an illness unrelated to the tear gas exposure (2002, section 1f).

An 8 July 2002 A.M. Costa Rica report states that some 54 people will go to trial in Liberia, Guanacaste province, for invading land owned by private firms. The report adds that: "such land invasions are a serious threat to land ownership here because under certain circumstances the invaders quickly acquire residency rights" (ibid.).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim to refugee status or asylum. Please find below the list of additional sources consulted in researching this Information Request.

References

A.M. Costa Rica [San José]. 8 July 2002. Vol. 2, No. 133. "Trial this Week on Land Invasion." <http://www.amcostarica.com/070802.htm> [Accessed 9 Oct. 2002]

Central America Report [Guatemala City]. 26 March 1998. "Costa Rica: Land Invasions Increase." <http://www.inforpressca.com/CAR/> [Accessed 9 Oct. 2002]

Country Reports on Human Rights Practices for 2001. 2002.

<http://www.state.gov/g/drl/rls/hrrpt/2001/wha/8329.htm> United States Department of State. Washington, DC. [Accessed 9 Oct. 2002]

Additional Sources Consulted

IRB Databases

Latinamerica Press [Lima]. 1997-2002

LEXIS/NEXIS

World News Connection (WNC)

Internet sites including:

Amnesty International

Human Rights Watch

La Nación [San José]

Search engines:

Alltheweb.com

Google