E/CN.4/2001/21
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educational and cultural fields. The plaintiff argues that the media have not rid themselves of the
racial prejudices which were common in the former slave-owning society, that they tend to
repeat segregationist patterns that perpetuate the master-slave dialectic, that they abuse their
dominant position in society and hence ignore codes of ethics and self-regulation and fail to fulfil
their social function.
89.
The plaintiff asserts that such behaviour constitutes a violation of the fundamental rights
of Afro-Colombians; it is rooted in the collective subconscious of an intolerant society, which
associates black people with ugliness, filth, ignorance, stupidity, evil, servility, witchcraft and
the devil. Judging by the media’s attitude to Blacks, these are supposed to engage only in hard
manual work, sport, music or domestic tasks, which helps to propagate the idea of the so-called
racial superiority of those who are not black …
90.
The plaintiff adds that Blacks tend to be invisible to the public eye, and he refers to a
number of situations, such as advertising, opinion polls, surveys, comedy or sports broadcasts,
contests and, in general, the world of journalism, where racist remarks are frequent.
91.
Where television is concerned, the plaintiff refers in general to news broadcasts; he wants
the public media to cease their discrimination against the black community, and points out that
comedy programmes and advertisements provide amusement to Colombians at the expense of
the dignity of Afro-Colombians.
92.
He further states that sport and music are some of the few areas where Blacks can gain a
foothold in Colombian democracy, that on television practically the only talent they are allowed
to exhibit is culinary and that they are stigmatized in soap operas.
93.
Lastly, the plaintiff maintains that the written press also joins in the psychological
violence and he gives several examples of editorials and articles, headings, caricatures, cartoons,
interviews and advertisements, taken from several of the country’s newspapers …”.
94.
After considering the arguments and the evidence put forward by the plaintiff and the
defendant, the High Court of Cundinamarca decided to: “admit the enforcement proceedings
initiated by Mr. Alberto Antonio Angulo Quiñonez … The Court therefore ordered the Ministry
to send out the circular mentioned in its letter No. 175192, dated 26 November 1997, to all the
media within its jurisdiction, within not more than 10 days of the effective date of this
decision …” In that circular, the Ministry of Communications called on all broadcasting
licencees to abide by rules forbidding programmes from infringing in any way the Constitution
and laws of the Republic, or detracting from the life, honour and property of citizens.
95.
Ministry of Communications. Decision No. 002223 of 10 August 1999. Plaintiff:
Alberto Angulo Quiñonez. Programme criticized: “Temprano es más bacano” on the channel
“Olímpica estéreo”. In response to Mr. Angulo’s complaint and after carrying out the necessary
checks, the Ministry of Communications has noted that, in the programme referred to,
“references are made to the black communities, in comedy sketches, using a mocking and
deprecatory tone”.