Costa Rica Biodiversity Law of 1998

Summary

Costa Rica’s Biodiversity Law No.7788 of 1998 creates a legal framework in line with the principles and themes outlined in the Convention on Biological Diversity (CBD) of 1992: conserving biodiversity, using it sustainably, and ensuring fair sharing of benefits. The initiative to develop a national biodiversity law in Costa Rica was originaly proposed by Luis Martínez Ramírez, a former congressman and president of the Environmental Commission of the Legislative Assembly, in response to compliance with the mandates of the UN Convention on Biological Diversity.

The law introduces a participatory governance system for the sustainable use of biodiversity, and seeks to “”recognize and compensate the knowledge, practices and innovations of indigenous peoples and local communities for the conservation and ecologically sustainable use of biodiversity elements.””

Jurisprudential Framing
Article 9. establishes general principles for applying the Biodiversity Law, including: “”Respect for life in all its forms. All living beings have the right to life, regardless of their current or potential economic value”” – highlighting the intrinsic value of Nature. Article 86. states that “”Biological education should be integrated into educational plans at all levels to foster an understanding of the value of biodiversity and its role in the life and aspirations of every human being”” and mandates that the Ministry of Education coordinate with the Ministry of Environment and Energy to design formal education policies and programs that integrate knowledge of the importance and value of biodiversity.

Additional ecocentric framing is found throughout the law, including:
ARTICLE 11. “”The use of biodiversity elements must guarantee the development options of future generations, food security, the conservation of ecosystems, the protection of human health and the improvement of the quality of life of citizens.””
ARTICLE 49. “”Maintaining ecological processes is a duty of the State and its citizens.””
ARTICLE 53. “”The restoration, recovery and rehabilitation of ecosystems, species and the environmental services they provide, must be promoted by the Ministry of Environment and Energy and other public entities””

However, the law still reflects elements of anthropocentric framing, namely by the commodification and defining of “”biodiversity elements”” as “”valuable assets”” that have “”strategic importance for the development of the country and are indispensable for the domestic, economic, social, cultural, and aesthetic use of its inhabitants”” and provisions like it’s Payment for Environmental Services (PES) program.

Impact Statement

Despite its anthropocentric elements, the law remains one of the most comprehensive biodiversity frameworks currently in effect. It reframed biodiversity governance by extending protection beyond species and ecosystems to include genetic resources and the traditional knowledge of Indigenous Peoples and local communities, and introduced one of the world’s earliest frameworks for equitable access and benefit-sharing. Since its implementation, protected areas have expanded to cover more than one third of Costa Rica’s land area. In 2021, Costa Rica increased its marine protected areas from 2 percent to 30 percent and is the first developing country to have halted and reversed deforestation.