E/CN.4/2001/21
page 34
100. After considering the arguments of the parties and on the basis of the evidence presented,
the Court decided: “(…) to agree in part to the enforcement proceedings, and therefore to order
the Ombudsman, within 10 days, to contact … the Ministry of Communications, either directly
or through an official delegated to that effect, to urge the Ministry to speed up its inquiries in
order to complete them within the delays prescribed by law in response to the complaints lodged
against the station Candela FM Estéreo and against the journalist Iván Mejía Alvarez, and to
keep informed of the outcome of the inquiry …”
101. Another incident recently aroused the indignation of representatives of the black
communities; this was a study carried out as part of the study programme for the Master’s
Degree in sociology at del Valle University. According to the complaint lodged by Hector
Enrique García, an electronic engineering student, against the principals of the establishment, in
a study carried out by students for their Master’s Degree in sociology aimed at determining
factors of violence in certain neighbourhoods of the town of Cali, an option with racist
connotations had been added in a list of replies as follows:
“(…) Interviewer: Do you think that violence in the neigbourhood is due to the
presence of certain types of people or groups, such as the following:
Drug traffickers
Prostitutes
Transvestites
Beggars
Gangs
Policemen
Blacks”
According to the author of the complaint, the use of the option “Blacks” “… has the effect,
imperceptibly and perniciously, of equating a physiological trait with a social phenomenon
(violence); this attitude flouts all the historic and scientific evidence, which demonstrated in the
last century that the physiological characteristics of human beings are completely unrelated to
social behaviour (and is tantamount to ignoring sociology altogether as a science), bearing in
mind that such attitudes have lead to the deaths of at least some 30 million human beings …”.
(b)
Comments on legal, administrative, judicial or other measures adopted
recently to combat racism, xenophobia and related intolerance
102. It should be pointed out that the 1991 Constitution brought about considerable changes in
the lives of Colombians, while it altered the structure of the State and introduced a series of rules
of considerable importance for combating racism in all its forms.
103. Among the basic legal principles underlying those changes, it is worth mentioning
article 7, which recognizes the ethnic and cultural diversity of the nation, and article 13 of the
Constitution, which is worded as follows: