A/HRC/16/45/Add.1
provisions exist in the Constitution, discrimination against Afro-Colombians persists
in all walks of life.
87.
The Government is therefore urged to enact comprehensive anti-discrimination
legislation banning discrimination on all grounds including race. Such legislation
should provide for effective enforcement mechanisms and establish appropriate civil
as well as criminal penalties for acts of discrimination committed by both public and
private actors. Importantly, implementation must be rigorously enforced by
Colombia’s courts.
88.
The statistical data which exists reveals the disproportionate poverty and
relatively poor social and economic conditions experienced by many AfroColombians. While numerous policy initiatives and recommendations exist with the
aim of improving the conditions of Afro-Colombians, these have not been effectively
implemented. It is essential to move rapidly towards implementation of policies and
recommendations, including those of the Intersectoral Commission for the
Advancement of the Afro-Colombian, Palanquera and Raizal People, and concrete
measures that will impact upon their lives. Most importantly, the provisions of Law 70
must be fully respected and upheld.
89.
Despite improvements evident in the 2005 Official Census, the lack of accurate
and disaggregated statistical data relating to the demographic and socio-economic
situations of Afro-Colombians creates a major obstacle to accurately revealing their
situation. At the national, regional and local levels data gathering and social surveys
should be conducted and analysis undertaken to substantially improve the accuracy of
data on Afro-Colombian communities. This will assist in the design and
implementation of appropriate, differentiated and effective policy and programme
responses that address the specific needs of those communities.
90.
The violence committed against Afro-Colombians is ongoing, is perpetrated or
motivated by a variety of actors and is manifested in numerous ways both physical
and psychological. For many Afro-Colombians the experience, memory or threat of
violence is a constant in their lives. The independent expert fully shares the concerns
expressed by the Inter-American Commission on Human Rights and other bodies
regarding the lack of judicial resolution for most of the crimes of violence that have
affected Afro-Colombian communities and caused their displacement. The legal and
administrative avenues currently in place are failing to address this unacceptable
situation and must be reviewed, strengthened and rigorously enforced.
91.
The Government must take urgent and effective steps to protect the safety of
Afro-Colombian leaders, their organizations and the human rights non-governmental
organizations that champion their rights. This is particularly crucial with respect to
members of Community Councils and others who are advocating for land restitution.
92.
The Early Warning and Risk Assessment system should be reviewed with a
view to strengthening the operation of this essential protection system and the
activities of the Human Rights Ombudsman’s Office, including through increasing
resources provided to it. Afro-Colombian women are particularly vulnerable to
violence, including sexual violence and forced labour. It is essential that Law 1257 of
2008 on measures to raise awareness, prevent and punish all forms of violence and
discrimination against women is fully implemented and enforced. Women who take on
leadership roles must be recognized and afforded equal and appropriate protection.
Consultation with communities at risk must take place regarding security policies and
measures designed for their protection.
93.
The Government must take effective steps to protect and implement the “preemption” rights of Black communities in the context of the issuance of mining
20