E/CN.4/2004/18/Add.3
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“(g) Cooperate in maintaining public order within their territory in accordance
with the instructions and decisions of the national Government;
“(h) Represent the territories before the national Government and the other
entities within which they are integrated; and
“(i)
13.
Other functions stipulated by the Constitution and the law.”
The same article provides that:
“Natural resources in the indigenous territories shall be developed without harm
to the cultural, social and economic integrity of the indigenous communities. The
Government shall encourage participation by representatives of the communities
concerned in decisions adopted in relation to that development.”
14.
Article 246 of the Constitution confers jurisdiction on the indigenous communities, and
article 171 provides for the introduction of a special constituency for the election of two senators
for the indigenous communities who must have held positions of traditional authority in their
respective communities.
15.
In order to follow up to the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance (the Durban Conference), on 21 March 2003 the
Government established an inter-ministerial working group made up of representatives of the
United Nations, the World Bank, the Inter-American Development Bank and the Organization of
American States with a view to drawing up a national plan to implement the Durban Programme
of Action. The Working Group has already defined a thematic framework for following up the
Durban Conference and is continuing its consultations with representatives of the populations
concerned.
B. Measures in support of the Afro-Colombian and Raizal communities
16.
Following the adoption of Act No. 70, a national development plan in support of the
Afro-Colombian populations for the period 1998-2002 was drawn up in cooperation with
the populations concerned. This well-crafted plan provided for the allocation of some
1.6 billion pesos to improve the living environment of Afro-Colombian populations by
providing public amenities and basic social services, improving education and strengthening
the organization and participation of Afro-Colombian communities, developing road and port
infrastructures and carrying out job-creating economic projects. Since the necessary resources
were not allocated, the plan remained largely unimplemented.
17.
The new Government headed by President Uribe opted for a reformulation of the policy
in support of Afro-Colombians by including it in an overall policy in favour of ethnic groups.
Thus, the Directorate of Black Community Affairs that had previously been responsible for
developing and implementing programmes in support of those communities was abolished and
its responsibilities were transferred to the new Office of Ethnic Affairs within the Ministry of the
Interior. A presidential adviser now coordinates the formulation of ethnic policies. The
President of Colombia has also appointed a high commissioner for the islands of San Andrés and
Providencia.