A/HRC/16/45/Add.1
represented throughout all levels of the executive and administrative branches of
Government and in public employment. The independent expert draws attention to
the recommendations of the Forum on Minority Issues on minorities and effective
political participation (A/HRC/13/25) and urge their appropriate implementation.
99.
Prior consultation is a central principle in the protection of all rights of AfroColombian communities and is particularly relevant as they seek to maintain control
of their lands under considerable pressure from State and private actors. The right to
free, informed prior consultation and consent must be respected and enforced in
relation to all decisions that would affect Afro-Colombians and their territories. The
rapid adoption of appropriate legislation to codify the right to prior consultation
would be beneficial in this respect. Directive 001 must also be reviewed and revised
appropriately to achieve that objective. Moreover, any bill on prior consultation and
consent must itself be subject to a previous consultation process.
100. Community Councils offer essential representative structures and possibilities
for local governance. However, there has been a lack of recognition and respect for
Afro-Colombian leadership and decision-making structures and credible evidence of
the manipulation or co-opting of Community Councils, often leading to divisions
within communities. Community Councils must be legitimately elected by the
communities that they represent. They should guarantee the equal representation of
women.
101. Afro-Colombian cultural identity, traditions, languages and traditional
livelihoods are an important part of the history and rich and diverse cultural mosaic
of Colombia that must be protected. However, the damage inflicted by discrimination,
racism and poverty, and the impact of violence, forced displacement and dispossession
of territories, is immense. Solutions must focus on preventing further displacement
and facilitating the urgent and secure return to their lands.
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