A/HRC/16/45/Add.1
issues relating to their right to consultation, and identify appropriate representatives and
methodology40.
81.
Concerns, including lack of consultation with Afro-Colombians and Indigenous
People in the drafting of Decree 1320 and with the procedures established for prior
consultation processes, led the Constitutional Court to declare Decree 1320 incompatible
with the protection provided to ethnic groups in the Political Constitution. Nevertheless,
officials drew attention to the work of the prior Consultation Group established in 2008,
with responsibility to coordinate implementation of consultation with ethnic groups for
development projects affecting them and their territories.
82.
Presidential Directive 001 of 26 March 2010 aims to establish a revised general
framework for prior consultation. However the United Nations Committee on Economic,
Social and Cultural Rights in its consideration of Colombia in May 2010 found that this
Directive may not be sufficient and that indigenous and Afro-Colombian peoples were not
adequately consulted regarding the Draft Bill prepared by the Working Party on Prior
Consultation of the Ministry of the Interior.
83.
The Government highlights additional initiatives to meet its obligations to ensure
consultation and participation in decision-making, including the establishment of the High
Level Advisory Commission incorporating 27 representatives of Afro-Colombian
organizations and Afro-Colombian members of the House of Representatives. The
Commission, together with consultative commissions at the provincial and regional levels,
disseminates official information and review policies protecting Afro-Colombian rights.
Some Afro-Colombians noted their reservations over the Advisory Commission, describing
its members as not reflecting the choice of the community and its purpose as being to
circumvent the legitimate consultative structures.
VIII.
Conclusions and recommendations
84.
The Government of President Juan Manuel Santos has reiterated its
commitment to the Afro-Colombian population and has an important opportunity to
act decisively to address the immense challenges confronting Afro-Colombians. To
meet these challenges effectively will require a transformation in the approach of
Colombia’s Government to emphasize implementation and enforcement of the rights
of Afro-Colombians on an equal status with that of all other citizens. This will require
the investment of considerable additional resources and a focus on results and
outcomes.
85.
Despite a commendable constitution and a plethora of Government institutions,
programmes and policy initiatives created to advance the realization of AfroColombian rights, implementation remains woefully inadequate. Where steps have
been taken, no real enforcement has followed. Nearly two decades after Law 70, many
communities remain displaced, dispossessed and unable to live on or work their lands.
86.
Racism and structural discrimination have a significant impact on the lives and
opportunities available to Afro-Colombians and are a direct cause of marginalization,
poverty and vulnerability to violence. While anti-discrimination and equality
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Further phases include: an Opening phase; Analysis and Identification of Impacts and Measures;
Recording of Agreements; Systematization and Monitoring; and a Closing phase and signing of
agreements by participants. It notes that during the period 2003 to 2006, 51 prior consultation
processes took place relating to transportation projects, energy, mining, hydrocarbon and other natural
resource utilization. Between 2007 and May 2010, an additional 260 had taken place.
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