374. In his reply, the representative of the State party explained that a
draft law on states of emergency was pending before Congress and would
probably be adopted before July 1992. Under the bill, freedom of movement
could be restricted only in very specific circumstances and more extreme
restrictions, such as the issuance of safe-conduct passes, could be imposed
only during wartime.
375. The new Constitution not only guaranteed the right to privacy, but also
sought to adapt that concept to modern technological developments. Article 15
of the Constitution gave individuals the right to have access to computerized
data and to request the removal of inaccurate data. Furthermore, only a judge
could order wire-tapping or the opening of private correspondence. When it
was necessary to collect judicial evidence in rural areas where there might
not be a sufficient number of judges, arrangements were made to facilitate
travel by judges to those areas. Under the new system in which indictments
were drawn up by the new office known as the Fiscalia, all searches had to be
authorized by the judicial office coordinating the investigation.
376. In Colombia, there was extensive freedom of expression of all political
opinions and, since the television networks were State-owned/ an adjudication
process established a fair distribution of programming time. A proposal had
been introduced to establish an independent national board representing all
groups in society to regulate television operations. The Constitution
expressly prohibited censorship and the only function of the Film
Classification Committee was to issue ratings for suggested audiences. With
regard to freedom of assembly and association, the representative underlined
that the new Constitution recognized the legality and independence of trade
unions, eliminated barriers to their establishment and abrogated a general
legislative prohibition on strikes in the public sector. Trade-union leaders
whose lives had been threatened had been provided with armed escorts or
authorized to carry weapons for self-defence. A programme had also been
developed under which, in the past two years, more than 200 teachers facing
similar threats had been transferred to new jobs in other areas. Since the
promulgation of the new Constitution and the arrest of several drug
traffickers with ties to right-wing terrorist groups, violence against
journalists had ceased.
377. Another major change brought about by the new Constitution was the
granting of full religious freedom. All churches and sects were now equal
before the law, and religious minorities enjoyed special protection. The
concordat between the Government of Colombia and the Holy See granting the
Roman Catholic Church special status was consequently being modified to bring
it into line with the new Constitution. The Roman Catholic Church, however,
retained significant influence in matters concerning the family and education,
although religious education in public schools had now become optional.
Although there was no tradition in Colombia of direct participation in
decision-making, two direct national referendums had been held, the first to
decide whether a constituent assembly should be held and the second to decide
on the membership, powers &nd procedures of the Constituent Assembly.
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