E/CN.4/1997/71/Add.1
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personeros (municipal councillors), representatives of the Office of the
Attorney-General and the Public Prosecutor's Office, members of Congress such
as Mrs. Zulia Maria Mena Garcia, Senator Lorenzo Muela, the head of the Office
of Indigenous Affairs and the head of the Office of Afro-Colombian Affairs
(Ministry of the Interior), and representatives of indigenous and
Afro-Colombian communities in the different regions of the country, in Bogotá,
Buenaventura, Cali, Cartagena, Quibdo and Tumaco. He would also like to
express his gratitude to the municipalities that received him, in particular
those of Cali, Buenaventura and Quibdo, and to the different communities that
he met, particularly those of African origin, with whom he shared cultural
evenings: African history, anthropology and dances. They expressed their
attachment to their ancestral roots and their keen desire to establish
intercultural relations with Mother Africa. The Special Rapporteur promised
to speak on their behalf to UNESCO, which has produced important learned
publications on African culture and their relations with the African diaspora,
and on indigenous and Caribbean cultures. Those meetings were most
interesting and rewarding.
C.
General
7.
The Special Rapporteur finds that, since colonization, Colombia has been
experiencing persistent structurally and economically entrenched racial
discrimination in the form of domination by Whites over Amerindians and
Afro-Colombians. This system has been perpetrated through education, the
media, the economy and interpersonal relationships, although great hopes were
raised by the historic institutional turning-point for the country represented
by the adoption of the 1991 Constitution and transitional article 55, which
became Act. No. 70 of 27 August 1993. The Special Rapporteur has noted that:
(a) the indigenous and Black populations have been and are marginalized, they
are the poorest and most vulnerable groups, and they live in unfavourable
economic and social conditions, in appalling shanty towns such as Aguablanca
in Cali and the intolerably unhygienic Quibdo market; (b) racial
discrimination seems almost natural, unconscious, as illustrated by a weekly
television programme Sábados Felices , which ridicules Blacks; even the most
militant human rights activists only realize the discriminatory nature of this
popular programme and its incitement to racial hatred when their attention is
drawn to it; (c) questions on the number or percentage of indigenous people
and Afro-Colombians in the army or navy, the diplomatic corps or the Catholic
hierarchy are met with awkward replies or an embarrassed silence, as if the
questions were unusual.
8.
The 1991 Constitution and Act No. 70 of 1993 recognize and guarantee the
rights and fundamental freedoms of the indigenous and Afro-Colombian
communities, especially their right to collective ownership of the land and
the right to preserve their natural identity, which led the Colombian
Government to write the following in a report to the Working Group on
Contemporary Forms of Slavery: “Because of the major institutional change
which the adoption of the 1991 Constitution represented for the country, not
only is the Government's current policy and goal to promote recognition of
ethnic and cultural diversity, but there is now legislation in existence to
support the development of the country's black communities, thereby putting an
4
end to racial discrimination”.
Colombia has gone beyond the stage of
debating whether to recognize the different ethnic groups and their rights and