E/CN.4/1995/78
page 19
87.
The statistics on convictions under the Prohibition Act confirm the
effectiveness of the 1992 amendment:
1988
1 conviction
1989
6 convictions
1990
1 conviction
1991
0 convictions
1992
5 convictions
1993
17 convictions
1994 (until 31 March) 4 convictions
88.
The present legal position is unsatisfactory as far as right-wing radical
printed matter and other materials are concerned. Under the Prohibition Act,
only their dissemination with intent to revive Nazism, not their mere
possession, is illegal. As a result, it appears also to be difficult to
restrict imports of extreme rightist printed publications from abroad.
Another problem is the growing use of modern electronic media in
international communications between right-wing radical groups (computer
disks, databanks etc.). Present legislation does not give the authorities
enough powers to intervene.
89.
As regards the information activities of the public security services in
schools and other educational institutions, their results vary in different
regions. The incidence of youth gangs also shows a regionally varying trend.
How far the principle that political education should be an important concern
in the teaching of all subjects in schools is followed in practical classroom
work is hard to assess because, unlike traditional "subjects", the success of
these efforts cannot be gauged by average examination results or the quality
of essays submitted at final (matriculation) exams.
D.
Colombia
90.
In its communication of 30 September 1994, the Government of Colombia
states that Colombian society is composed of a large variety of ethnic groups
and cultures. The Constitution of Colombia, adopted in 1991 by a
democratically elected Constituent National Assembly, takes note of this fact
and provides the country with the necessary tools to protect ethnic, cultural,
religious and linguistic diversity and to eliminate any form of discrimination
(art. 7).
91.
Article 13 of the Constitution stipulates that all persons are equal
before the law and enjoy equal treatment and protection on the part of the
authorities. This provision prohibits any form of discrimination based on
sex, race, national or family origin, language, religion or political or
philosophical opinion. Furthermore, it specifies that the State "shall create
conditions to make equality genuine and effective and adopt measures in favour
of categories of persons who are discriminated against or marginalized".
92.
According to the Constitution, the struggle against all forms of
discrimination must focus, in particular, on the following elements:
(a)
Efforts to achieve greater recognition and integration of the
socio-cultural features specific to the various ethnic minority groups;