A/HRC/16/45/Add.1 provisions exist in the Constitution, discrimination against Afro-Colombians persists in all walks of life. 87. The Government is therefore urged to enact comprehensive anti-discrimination legislation banning discrimination on all grounds including race. Such legislation should provide for effective enforcement mechanisms and establish appropriate civil as well as criminal penalties for acts of discrimination committed by both public and private actors. Importantly, implementation must be rigorously enforced by Colombia’s courts. 88. The statistical data which exists reveals the disproportionate poverty and relatively poor social and economic conditions experienced by many AfroColombians. While numerous policy initiatives and recommendations exist with the aim of improving the conditions of Afro-Colombians, these have not been effectively implemented. It is essential to move rapidly towards implementation of policies and recommendations, including those of the Intersectoral Commission for the Advancement of the Afro-Colombian, Palanquera and Raizal People, and concrete measures that will impact upon their lives. Most importantly, the provisions of Law 70 must be fully respected and upheld. 89. Despite improvements evident in the 2005 Official Census, the lack of accurate and disaggregated statistical data relating to the demographic and socio-economic situations of Afro-Colombians creates a major obstacle to accurately revealing their situation. At the national, regional and local levels data gathering and social surveys should be conducted and analysis undertaken to substantially improve the accuracy of data on Afro-Colombian communities. This will assist in the design and implementation of appropriate, differentiated and effective policy and programme responses that address the specific needs of those communities. 90. The violence committed against Afro-Colombians is ongoing, is perpetrated or motivated by a variety of actors and is manifested in numerous ways both physical and psychological. For many Afro-Colombians the experience, memory or threat of violence is a constant in their lives. The independent expert fully shares the concerns expressed by the Inter-American Commission on Human Rights and other bodies regarding the lack of judicial resolution for most of the crimes of violence that have affected Afro-Colombian communities and caused their displacement. The legal and administrative avenues currently in place are failing to address this unacceptable situation and must be reviewed, strengthened and rigorously enforced. 91. The Government must take urgent and effective steps to protect the safety of Afro-Colombian leaders, their organizations and the human rights non-governmental organizations that champion their rights. This is particularly crucial with respect to members of Community Councils and others who are advocating for land restitution. 92. The Early Warning and Risk Assessment system should be reviewed with a view to strengthening the operation of this essential protection system and the activities of the Human Rights Ombudsman’s Office, including through increasing resources provided to it. Afro-Colombian women are particularly vulnerable to violence, including sexual violence and forced labour. It is essential that Law 1257 of 2008 on measures to raise awareness, prevent and punish all forms of violence and discrimination against women is fully implemented and enforced. Women who take on leadership roles must be recognized and afforded equal and appropriate protection. Consultation with communities at risk must take place regarding security policies and measures designed for their protection. 93. The Government must take effective steps to protect and implement the “preemption” rights of Black communities in the context of the issuance of mining 20

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