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The rights of the afro-colombian population
in the middle of the conflict

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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