CRC/C/COL/CO/3
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Deprivation of liberty
92.
The Committee is concerned that the practice of individual and mass arbitrary detentions,
which escalated in 2003 and 2004, has affected the privacy and integrity of children as they have
been stigmatized as a consequence of the detention of their family members. In addition, the
Committee is concerned that the general practice of law-enforcement agents to publicly display
images in media of arrested persons contravenes the principle of presumption of innocence.
93.
The Committee urges the State party to cease the conduct of arbitrary detentions
as a matter of urgency as it seriously impacts on the safety and integrity of children.
Furthermore, investigations should be carried out promptly while ensuring that the
principles relating to the presumption of innocence and the right to a fair trial
are guaranteed.
Children belonging to indigenous and minority groups
94.
The Committee welcomes the legal steps taken to recognize ethnic diversity, autonomy
and collective land rights of minorities, in particular the Afro-Colombian and indigenous
peoples. However, it notes that in practice the above groups confront serious challenges and
threats to the enjoyment of their rights. Both the regular armed forces and the armed groups
distinct from the State armed forces block vital supplies of food and medicines, resulting in high
levels of malnutrition and disease. In particular, the Committee is concerned over the threats
against indigenous leaders, the over-representation of ethnic minority children among those
displaced, victims of landmines and those forcefully recruited by illegal armed groups. The
Committee is also concerned that among children of ethnic minorities, birth registration rates are
low and access to basic health services is lacking. Despite an established programme for
bilingual education (etnoeducación) the coverage is limited and illiteracy rates high. The
Committee is concerned that, despite affirmative legal provision, children of ethnic minorities
are victims of social exclusion and racial discrimination. Additionally, the Special Rapporteur
on the situation of human rights and fundamental freedoms of indigenous people highlighted in
his 2004 mission report on Colombia (E/CN.4/2005/88/Add.2) that several indigenous peoples in
Amazonia are facing extinction.
95.
The Committee recommends that the State party:
(a)
Devote considerable attention to securing the physical integrity of all
community members, including children. Such measures should be conducted in
consultation with Afro-Colombian and indigenous leaders;
(b)
minorities;
Provide positively differentiated assistance for displaced children of ethnic
(c)
Take affirmative measures to ensure that children of ethnic minorities gain
de facto enjoyment of their rights, in particular in the area of health and education;