E/CN.4/1997/71/Add.1
page 6
13.
Thus article 13 of the Constitution stipulates that all Colombian men
and women are equal before the law and are entitled to equal protection and
treatment by the authorities. This provision prohibits,
inter alia,
discrimination based on race, national or family origin, language or religion.
It also expressly stipulates that the State “shall promote the conditions
necessary in order that equality may be real and effective and shall adopt
measures in favour of groups which are discriminated against or marginalized.”
14.
Based on this constitutional framework, legislation and regulations have
been adopted to ensure respect for traditions and to improve the economic
development of the Afro-Colombian and indigenous communities, which are
recognized as distinct collective subjects within the Colombian nation.
15.
Pursuant to the provisions of transitional article 55 of the 1991
Constitution, which provides for the enactment of a law recognizing the right
of the Black communities to collective ownership of the uncultivated land on
the territory inhabited by them, the Colombian Government has been engaged in
consultation with the Afro-Colombian communities. This process has culminated
in the establishment of a National Commission and various regional advisory
commissions, which submitted to the Congress of the Republic a bill that
became Act No. 70 in 1993. This act establishes a precise legislative
framework for improving the living conditions of the Black communities. The
following are the most significant features of the Act:
(a)
The establishment of a special constituency to provide the
Black communities with a minimum of two seats in the Congress of the Republic;
(b)
The right to collective ownership for the communities which have
been occupying uncultivated land in rural areas adjoining the rivers of the
Pacific Basin;
(c)
Rights over the resources of the subsoil;
(d)
The right to an education geared to these communities' needs and
cultural aspirations (ethnic education); and
(e)
Participation by the Black communities in the fundamental bodies
for defining social policies, such as the Territorial Planning Councils
(Consejos Territoriales de Planeación ) and the Executive Boards of the
Autonomous Regional Assemblies ( Consejos Directivos de las Corporaciones
Regionales ).
16.
Act No. 70 should, inter alia , resolve one problem of the Black
communities that is directly linked to the question of the right to housing,
by legalizing a de facto situation: the awarding to community members who
have been living in areas adjoining the rivers of the Pacific basin for many
years of land which has never been delimited and to which they have never held
a written deed of title. They had thus found themselves in a situation of
apparent illegality vis-a-vis the settlers and large landowners in the region
and had no way of safeguarding their means of subsistence.