A/49/415/Add.1
English
Page 9
involved in domestic activities and work with men in agriculture, mining,
crafts, fishing and retail sales.
45. This is an economy that is close to nature, one in which the values of
community life, respect for and harmony with nature and the concepts of
collective and interpersonal solidarity prevail. Most of what is produced is
used by the family, and only a small percentage goes to market. In rural areas,
the communities own small parcels of land.
46. In implementation of provisional article 55 of the new national
Constitution, which calls for the enactment of a law recognizing the collective
ownership by Black communities of uncultivated lands in the territory which they
occupy, the national Government reached an agreement through consultation and
established a national commission and various regional advisory commissions
which submitted to the Congress of the Republic what is now draft law 70 of
1993. The law contains an advanced framework for the establishment of standards
to improve the objective circumstances of Black communities. Among the most
significant aspects of the law, the following merit special mention:
(a) Political rights. With the creation of a special district, Black
communities will have a minimum of two seats in the House of Representatives,
guaranteeing them a permanent voice in the Congress of the Republic;
(b) Territorial rights. The draft law grants the right of collective
ownership to the communities occupying uncultivated lands in rural areas
adjoining the rivers of the Pacific basin which they work using traditional
methods of production. In this way, moreover, the responsibility for protecting
the environmental resources of the area has been entrusted to the communities
living there, which entails a substantial commitment on their part to the
sustainable management of the biological and geographical resources of the
Chocó;
(c) Mining rights. The Black communities living in the Pacific region
have priority rights with respect to mining operations there;
(d) Ethnic education. Draft law 70 of 1993 establishes various mechanisms
guaranteeing the right to an education which reflects the population’s needs and
cultural aspirations;
(e) Economic progress and development. To achieve these goals, provision
has been made for the participation of Black communities in key social policymaking bodies, including territorial planning councils and governing councils of
the regional autonomous corporations. In addition, the Black communities
concerned are required to be actively involved in the design and execution of
technical cooperation projects.
47. The measures envisaged in draft law 70 of 1993 thus lend significant
support to the effort to improve the circumstances of Colombia’s Black
communities.
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