The
abolition of slavery in Colombia, which took place 150 years ago with
the expedition of Law 21 of 1856, constituted a landmark in the fight
against inequality, and an advance in human rights that preceded what
happened in many other countries. Nevertheless the process of accomplishment
of this group's rights was delayed by a situation characterized by their
great exclusion and deep poverty. The efforts to overcome discrimination
gained momentum after the 1991 Constitution and the expedition of Law
70 of 1993 regulating black community rights. These norms are the most
important instruments in the fight against racial discrimination, the
recognition of existing inequality and that Colombian community's process
of creating a political identity. Nowadays these communities are a high-priority
objective of public policy, based on respect for cultural and ethnic diversity,
with the purpose of promoting their sustainable development according
to their own culture.
The situation of the Afro-Colombian people in the middle of the armed
conflict and the need for promoting and defending their human rights,
have constituted a special preoccupation of the present government. This
is why it was declared a goal of the government's general policy of attention
to the most vulnerable communities. Besides the problems inherent to traditional
racial discrimination, recent attacks against their life and personal
integrity, as well as forced displacement of these communities constitute
cardinal preoccupations arising from the present Colombian situation.
The direction of government policy towards that sector of Colombian society
has been recently defined by acceptance of differences, solidarity and
social tolerance towards displaced populations.
Colombian policies have been supported by international instruments that
try to improve the situation of African-descended people, victims of racism
and racial discrimination worldwide. The International Convention on the
Elimination of all forms of Discrimination was ratified by Colombia in
1981. It is the most suitable universal norm to fight against all distinction,
exclusion, or preference based on reasons of race, color, lineage or national
or ethnic origin that has by object or result the reduction or suppression
of recognition, enjoyment or exercise, in conditions of equality, of fundamental
human rights and liberties in public, political, economic, social and
cultural life or in any other sphere. Colombia's commitment to the adoption
of an action plan arises from the results of the III World Conference
against racism, racial discrimination, xenophobia and other connected
forms of intolerance, which took place in Durban in 2001.
Colombia has advanced in the recognition of the Afro-Colombian community's
condition as a politically differentiated ethnic group; the elaboration
of diagnostics revealing the grave situation faced by these people; the
establishment of a wide legal framework; the recognition of their territorial
rights, their contribution to biodiversity conservation and their right
to benefit from it, including the faculty to decide on the traditional
knowledge associated to their territories' biological resources; the explicit
recognition by the State of the situation of discrimination, inequity
and inferior opportunities faced by Afro-Colombians; the implementation
of differentiated policies; and the adoption of measures of positive discrimination
on their behalf.
Progress has been made in the recognition of their socio-cultural identity,
the strengthening of their political participation through the establishment
of special representation mechanisms in Congress, the pursuit of equity
through education by means of an educational credit fund, the promotion
of territorial rights on their communities' ancestral lands through the
granting of collective land titles, and also in stimulating socioeconomic
development with projects such as the Pacific Plan.
Since
1994, every government and national development plan has included in its
agenda the need to overcome the situation faced by Afro-Colombians. Strategies
have included promoting socioeconomic development, basic sanitary measures,
health, education, productive activities conforming to their culture;
the recognition of difference, the promotion of rights over territory
and natural resources (granting of legal titles and acquisition of land);
organizational and institutional strengthening, and their equitable participation
in the country's organs of definition and orientation (National Council
of Black Communities and Regional Advisory Councils). The instruments
are presented in the CONPES 2909 document of February 26, 1997: "Program
of support for development and ethnic strengthening of the Black communities".
Incentives for Afro-Colombian and raizal group access in equality of conditions
to the different economic, social and cultural sectors, are included in
the National Development Plan "Change to Build Peace" (Law 508
of July 20, 1999). The CONPES document of May 23, 2002 presented concrete
actions for the protection of Afro-Colombians threatened by the conflict
and in situation of displacement.
These policy initiatives towards Afro-Colombian communities coincide with
the resurgence of their social movement, the appearance of spaces of discussion
with the State, the creation of special governmental instances to attend
their problems, such as the special directorate in the Interior Ministry,
and the inclusion of an Afro-Colombian dimension in the country's foreign
policy.
The efforts undertaken by Colombia in the promotion of Afro-Colombian
human rights have been mitigated by the enormous breach existing between
them and the rest of society, product of long-standing discrimination
and worsened nowadays by the internal conflict's impact on this community.
Their vulnerability is worsened by the threats, deaths and particularly
by forced displacement. All of this defines the Afro-Colombian population
as an object of the highest attention in human rights issues.
The arrival of Afro-Colombian families to different cities brings new
social phenomena that are being attended. In addition to relief programs
for displaced people offered by the national government through the Social
Solidarity Network of the Presidency of the Republic, there is also an
awareness campaign being implemented to promote solidarity and tolerance
with displaced groups arriving at cities. A fair number of these displaced
persons belong to the Afro-Colombian community.
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