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D.
Colombia
56. Colombia informed the Special Rapporteur of developments that had
strengthened the legal framework on minority rights protection since the visit of her
predecessor, including the passing in 2011 of Act No. 1482 on combating racial
discrimination, in line with the recommendation of the former mandate holder to
enact comprehensive anti-discrimination legislation banning discrimination on all
grounds including race, and the signature of the Inter -American Convention against
Racism, Racial Discrimination and Related Forms of Intolerance and the
Inter-American Convention against All Forms of Discrimination and Intolerance.
The Special Rapporteur notes that, since the entry into force of Act No. 1482,
300 investigations have been conducted by the Office of the Prosecutor, of which
101 are related to victims of African descent. In addition, in 2011 the Victims and
Land Restitution Act entered into force, as did related decrees. The Special
Rapporteur considers that this legal framework, which recogniz es both the
collective rights of indigenous communities and communities of African descent
over their territories and the individual rights of their members, who have been the
victims of human rights violations, is a commendable development. The State also
referred to policies and projects adopted in the framework of the International
Decade for People of African Descent, including a cooperation project on
strengthening the inclusion of Afro-Colombian, Palenquero and Raizal
communities, to improve the living conditions of those groups.
57. With respect to data collection, the Special Rapporteur welcomes the State’s
inclusion of a differential approach for ethnic groups in the census forms, which
include a self-identification question, in preparation for the population census in
2016.
E.
France
58. The Special Rapporteur remains concerned with the position of France with
respect to the reservation that it made to article 27 of the International Covenant on
Civil and Political Rights relating to the rights of persons belonging to minorities,
based on the constitutional principles of equality before the law and the unity and
indivisibility of the nation. France does not recognize in its territory the existence of
minorities with a legal status as such, but states that its position does not exclude
the rights of persons belonging to minorities to enjoy, with other members of their
group, their own cultural life, to profess and practise their religion or to use their
own language. The Special Rapporteur regrets that France does not envisage
ratifying Protocol No. 12 to the Convention for the Protection of Human Rights and
Fundamental Freedoms nor the Framework Convention for the Protection of
National Minorities of the Council of Europe, as recommended by her predecessor.
59. The Special Rapporteur notes a large number of circulars and instructions to
complement legislative provisions to combat discrimination, including in the field
of criminal justice. She is pleased to learn about the establishment of a mini sterial
body responsible for designing, coordinating and facilitating the Government’s
policies on combating racism and anti-Semitism. She further welcomes the fact that
in 2015 a national plan to combat racism and anti-Semitism was launched.
60. In the field of education, the Act on Orientation and Programming for the
Rebuilding of the Schools of the Republic is intended to reaffirm the need to
promote inclusive schools for all pupils with special needs. Given the lack of an
“ethnic approach”, there is no distinction between Roma and non-Roma children,
but the former benefit from inclusive arrangements in place for newly arrived pupils
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