E/CN.4/1997/71/Add.1
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has proceeded to the formulation of the constitutional and legal principles
establishing the necessary conditions for raising the standard of living of
the members of the Black and indigenous communities, as illustrated by the
provisions of the 1991 Constitution and transitional article 55, which has
become Act No. 70.
9.
But equality of rights is not yet reflected in everyday life, owing to
the slow pace of sociological and political change, resistance from the
controllers of capital, clashing economic interests and the resultant
widespread violence. The political will to proceed with reforms exists among
the liberals and democrats, but is encountering resistance. The indigenous
and Afro-Colombian communities, who have no watchword but the 1991
Constitution and Act No. 70, to which they constantly refer, are concerned at
the administrative delays and afraid of losing the gains they have made under
the Constitution to the major development projects which, they believe, are
aimed at divesting them of their land. They also criticize the establishment
of “special public order areas” intended “to combat drug-trafficking”, but
which they feel are in fact “dictatorships” where many members of their
communities are murdered. Furthermore, administrative detention on mere
suspicion of a misdemeanour or offence against public order results in
population displacements, according to the people with whom the
Special Rapporteur spoke. These groups fear the changes in lifestyle imposed
by large modern farms and fisheries and the harm to biodiversity caused by the
destruction of the environment. But these communities are organizing
themselves and mobilizing, together with the forces of progress, to ensure
that the hopes raised by the fundamental texts lead to action, since there is
a gap between what the law says and what happens in practice; the Colombian
Government affirms that it is attentive to this legitimate expectation.
I.
A COUNTRY MOVING TOWARDS RACIAL AND ETHNIC INTEGRATION
A.
Ethno-demographic data
5
10.
Of a total estimated population of 37 million,
the indigenous or
Amerindian populations comprise 600,000 people, or approximately 2 per cent of
the population, 6 subdivided into 81 ethnic groups spread throughout the
7
country, with high densities in the Andean and Amazonian regions.
11.
The Afro-Colombians, who are made up of descendants of Africans and of
8
persons of mixed descent, either African and European or Creole
or African
and Amerindian, number approximately 6 million (16 per cent of the total
population). 9 They live in all parts of the country, and particularly in the
large cities (Cali, Cartagena, Barranquilla) and along the Atlantic and
Pacific seaboards.
B.
Constitutional and legislative guarantees
12.
The 1991 Constitution, which was the outcome of a large-scale political
and social movement in which, notably, the indigenous and Afro-Colombian
communities took part, recognizes Colombia's ethnic and cultural diversity and
provides the country with the necessary tools to protect that diversity and
eliminate any form of discrimination.