E/CN.4/1995/78
page 20
(b)
Culture in its various forms is the basis of nationality.
Article 70 of the Constitution provides: "The State recognizes the equality
and dignity of all cultures coexisting in the country. It shall encourage
research, science and development, and dissemination of the nation’s cultural
values";
(c)
The guarantee of non-discrimination is also reflected
freedom of every individual, without any distinction, to develop
personality as he deems fit. The right to personal independence
for in article 16, in the context of the concept of the right to
development of the personality;
in the
his
is provided
free
(d)
Similar importance is given, in article 18 of the Constitution, to
recognition of freedom of conscience. In addition, article 20 lays down the
right to freedom of expression and freedom to disseminate opinions, a
safeguard that is fundamental for the protection of cultural pluralism;
(e)
Guarantees for foreigners are established by article 100, which
stipulates: "Foreigners in Colombia shall enjoy the same civil rights as
those granted to Colombians. Nevertheless, for reasons related to public
order, the law may impose special conditions on the exercise of certain civil
rights granted to foreigners or deny them. Similarly, foreigners in the
territory of the Republic benefit from the guarantees accorded to nationals,
subject to any restrictions provided for by the Constitution or the law.
Political rights are reserved for nationals, but the law may grant foreigners
residing in Colombia the right to vote in municipal or district elections and
referenda";
(f)
Protection of linguistic traditions is established by article 10,
which stipulates that "education shall be bilingual in communities with their
own linguistic traditions".
93.
Within the political framework thus laid down by the Constitution, there
are various laws and governmental measures, among which particular mention
should be made of those designed to ensure respect for the traditions and
economic development of the ethnic minority groups living in the country. In
this connection, there follows an analysis of the provisions relating to the
improvement of the living conditions of the black communities, on the one
hand, and those regulating the right of the indigenous communities to
self-government according to their own customs.
94.
Under the provisions of transitional article 55 of the new Constitution,
which provides for the adoption of a law recognizing the collective ownership
of the black communities of uncultivated land in the territory where they
live, the Government conducted consultations resulting in the establishment of
a national commission and various regional consultative commissions which
submitted to the Congress of the Republic a bill that, in 1993, became
Act No. 70. This Act establishes a very elaborate legislative framework for
improving the living conditions of the black communities. Among its most
important provisions, particular emphasis should be placed on the following: