E/CN.4/2001/21
page 35
“All individuals are born free and equal before the law, and are entitled to equal
protection and treatment by the authorities, and to enjoy the same rights, freedoms and
opportunities without discrimination based on gender, race, national or family origin,
language, religion, political opinion or philosophy.
The State promotes the necessary conditions to make equality real and effective
and adopts measures in favour of groups which are discriminated against or marginalized.
The State especially protects those individuals who, on account of their economic,
physical or mental condition, are in clearly vulnerable circumstances and sanctions any
abuse or ill-treatment perpetrated against them.”
104. These principles have been embodied in laws and decrees, and in extensive case law.
One item of legislation worth mentioning is Act No. 70 of 1993, entitled “Act on the ethnic
rights of black communities”, which, in article 33, provides that:
“The State shall suppress or avoid any act of intimidation, segregation,
discrimination or racism against black communities, within the social sectors of the
public administration at the highest level, and especially in the media and the school
system; it shall ensure observance of the principle of equality and respect for the ethnic
and cultural identity of the nation.
To that end, the competent authorities shall apply sanctions as necessary, in
accordance with the National Police Code, in conformity with the provisions concerning
the media and the school system and any other relevant provisions.”
3. Comments by the Special Rapporteur
105. The Special Rapporteur welcomes the measures which have been taken and hopes that
they will be effectively applied. He will maintain contact with the Colombian Government and
persons concerned.
D. Israel
106. In his report to the Commission on Human Rights in 1997, the Special Rapporteur cited
discriminatory treatment of Ethiopian Jews who donated their blood for use in transfusions
(see E/CN.4/1997/71, paras. 120-122). A summary of the Israeli Government’s initial reply
was provided by the Special Rapporteur in his report to the fifty-first session of the
General Assembly (A/51/301, paras. 34-35). Additional material is reproduced below.
1. Additional reply from the Government of Israel
107. The Navon Commission investigating blood donations by Ethiopian Immigrants issued
its report yesterday (Sunday), 28 July 1996. Former Prime Minister Shimon Peres established
the Commission after an article appeared in the Ma’ariv newspaper on 24 January 1996, entitled
“The Lie of Ethiopian Blood”, and following the violent demonstrations which occurred in the
wake of the article, when it was determined that blood donated by members of the Ethiopian
community was not being used and that that fact was being withheld from the donors.