20 years later, the reality of ethnic rights in the Afro-Colombian population facing the declaration
on the rights of minorities.
By: Leydi Pérez Vente
Lawyer
Santiago de Cali University
Colombia
Talking about the issue of ethnic minority rights in a country like Colombia can be risky as well as
complex, taking into consideration that the collective ethnic territories (of Afro and indigenous
peoples) are permanent scenes of the armed conflict, especially those in the regions of the
Pacific Coast as they are surrounded by jungle and make it difficult to enter.
With the constitutional reform of 1991, Colombia began a broad policy development in favour of
the recognition of afro-descendant population highlighting the rights on: prior consultation,
collective ownership of ancestral lands, ethnic education, access to the political arena, an
assigned number of spaces in University among other positive things. However, despite this
broad legal framework it is necessary to look at the reality of those who live in the South Pacific
region of Colombian, a place where more than 60% of the afro descendant population live.
One of the biggest problems facing this region is the growing racism and discrimination, although
Colombian law opens the door for access to education for afro descendants, there is no public
policy on access to employment on an equal footing. On the contrary, it is quite common to hear
members of the States’ public corporations expressing racist remarks without there being any
exemplary sanctions, which is surprising considering the fact that in Colombian law it is
considered a criminal offense to do so. Similarly, access to employment within the public sector,
specifically within the ministry, the armed forces, and positions of high representation are
banned. The President of the Republic himself has stated that no person of Afro descent is good
enough for the ministry. Furthermore it is quite common for NGOs and international
organisations who conduct activities in the areas to only hire staff from the country’s capital or
foreign staff who are likely to ignore the social profile and the potential of those who live there.
Within the private sector it is common to find public job offers in the national newspapers that
have the letters ‘NN’ meaning no black people. It is also quite evident that the structural and
State racism, which translates into complete invisibility and neglect of the nation. Considering
that the Pacific region is engulfed in complete poverty, with the highest rates of poverty, child
malnutrition, suffering, illiteracy, lack of basic needs, forced displacement and violent deaths,
combined with the constant presence of armed groups making the life of the residence a living
hell.
Another issue that the collective territories and the black communities of Cauca, Choco and
Nariño face are the international extraction companies of precious metals who have the approval
of the State. This phenomenon is destroying the rivers that have represented the basis of
livelihood for the families for generations. Today the river has high levels of chemical such as
mercury which destroys the biodiversity of the river; the riverbanks have been destroyed due to