E/CN.4/2001/21
page 33
96.
The broadcast which gave rise to the complaint and to the administrative proceedings
undertaken by the Ministry of Communications was recorded by the Ministry. These are some
extracts:
“Title of the programme: ‘Temprano es más bacano’ (Early is better), date:
13 October 1998. OK, the topic of the day is: ‘Would you kiss a Negro (laughter) …
Oh, you have to say a Black, of course, not a Negro; … And their backside, they say
their backside is like it is because they can’t get off it to go and work … People
apparently would rather kiss a homosexual than a black man … Hello, good morning,
who am I speaking to? … Hi Chavela, this is Julian. Good morning Julian, how are you
doing? Tell me Julian, would you kiss a Black? I mean a black man, not a black
woman? Well, you wouldn’t kiss a black woman either? And why not? Well, I don’t
know, because they’re black …’”
On the basis of that recording, and after carrying out the necessary checks, the Ministry of
Communications “sanctioned Organización Radial Olímpica S.A., licensee for the station
Olímpica S.A., imposing a fine of 2,364,600 pesos, equivalent to 10 months of legal
minimum wage …”
97.
Administrative Court of Cundinamarca. Enforcement proceedings. File AC-00-0258.
Plaintiff: Alberto Antonio Angulo Quiñonez. Defendant: Office of the Ombudsman. In
accordance with the decision referred to, the plaintiff, after describing the legal obligations of the
Office of the Ombudsman and after pointing out that the official concerned had failed on several
occasions to perform his duties, “(…) appealed for measures to be taken enforcing the
performance of those duties, for legal proceedings to be initiated against media violating the
fundamental rights of the black community, and for a press release to be disseminated in all the
media condemning the racist and discriminatory comments made by some journalists with
reference to the black community. The press release should also mention the ruling of the
Administrative Court of Cundinamarca, in order to create awareness in Colombian society of the
need to respect the dignity of members of the black community, who have been persecuted,
marginalized and stigmatized throughout history …”
98.
As defendant, the Office of the Ombudsman reported to the Court on steps the Office had
taken in response to the discriminatory acts referred to in the author’s complaint and, in some
cases, disseminated by the media; among such acts, it is worth mentioning in particular the
incidents of a racist nature which occurred in Suba, a large neighbourhood of the capital, where
racial tension was observed for several days between the half-caste population and black
residents.
99.
The Office also considered the complaints arising from the comments made by the
journalist Iván Mejía Alvarez; according to the transcripts made by the Ministry of
Communications, in a sports programme, the journalist commented on the performance of a
well-known Colombian footballer, a member of Colombia’s national team, in the following
terms: “(…) Hasn’t anybody told that lazy, dumb Black of a Ricard that you don’t mark from
the front …”