E/CN.4/2001/21
page 31
Despite the fact that the United Nations Special Rapporteur had recommended
banning he comedy programme ‘Sábados felices’ (happy Saturdays), its then
director - and presently congressman - Alfonso Lizarazo took the Special
Rapporteur’s report like a bad joke. His reaction was: ‘That would be
interfering with our culture … we could not even laugh any more at our own
misfortunes …’, referring to the view expressed by Mr. Gléle Ahanhanzo to the effect
that the programme’s jokes made fun of the Blacks.”
2. Reply by the Colombian Government
(a)
Comments on the cases mentioned in the communication of 6 October 2000
84.
It is only recently that citizens have started lodging complaints before judicial or
administrative authorities for acts of discrimination. Complaints about racism lodged before the
competent legal authorities are considered in conformity with current legislation. The following
are some recent cases brought to the attention of the administrative and legal bodies responsible
for considering them and following them up.
85.
Constitutional Court. Decision No. T-422/96 of 10 September 1996. Reference:
file T-95672. Author: Germán Sánchez Arregoces. Reporting magistrate: Eduardo Cifuentes
Muñoz. Subject: Positive action in favour of the black community. The Constitutional Court
has confirmed the right of the black community of the district of Santa Marta to be represented
on the district’s Educational Council, which is a joint body comprising representatives of several
social sectors, including ethnic groups.
86.
After rejecting the arguments put forward by the local authorities and the grounds given
by the judges of first instance and appeal, who refused to admit that there were such things as
black communities in that large town, the Constitutional Court ruled as follows:
“After due consideration of the circumstances of the case, the protection
proceedings - calling for a legislative measure to be adopted without delay introducing
positive action in favour of a traditionally marginalized social group - are deemed
admissible. On those grounds, the Court decides to confirm the right to equality of
Germán Sánchez Arregoces, and that of the black community residing in the tourist,
cultural and historic district of Santa Marta. The mayor of the tourist, cultural and
historic district of Santa Marta and the director of the educational service of the district of
Santa Marta must therefore appoint, in conformity with prescribed procedures, a
representative of the district’s black community within 45 days following notification of
this decision.”
87.
Administrative Court of Cundinamarca. Enforcement proceedings. File No. 355
of 26 March 1998. Author: Alberto Antonio Angulo Quiñonez. Defendant: Ministry of
Communications.
88.
The plaintiff “… complains … against the constantly discriminatory, racist attitude of the
media towards the black community and says that despite the abolition of slavery (1851),
Afro-Colombians are the victims of racial discrimination in the vocational, social, religious,