AFTERNOON

HR/CERD/99/54
17 August 1999




Committee Continues Adopting Concluding Observations on Iran

The Committee on the Elimination of Racial Discrimination began review this afternoon of a report of Colombia, querying a Government delegation, among other things, on the situation of African-Colombians and indigenous peoples, and asking about recent developments in the peace process in the country.

Pastor Elias Murillo Martinez, of the Ministry of External Relations of Colombia, told the Committee that by implementing a policy on ethnic issues, the Government had attempted to redress inequalities between various racial groups. He said that in 1995 and 1996, the Government had adopted policy documents with regard to Colombia’s indigenous and African-Colombian populations aimed at promoting their rights and increasing their participation in the nation's affairs.

The Colombian delegation also included Harold Sandoval Bernal, Counsellor of the Permanent Mission of Colombia to the United Nations Office at Geneva.

Gay McDougall, the Committee Expert who served as country rapporteur for the report of Colombia, said she recognized that the climate of violence stemming from internal conflict, drug trafficking and the existence of armed paramilitary groups in Colombia made full implementation of the Convention on the Elimination of Racial Discrimination and Colombia's other human-rights obligations more difficult.

Also taking part in the discussion were Committee Experts Ivan Garvalov, Luis Valencia Rodriguez, Theodoor van Boven, Regis de Gouttes, Ion Diaconu, Michael E. Sherifis, Agha Shahi and Mahmoud Aboul-Nasr.

As one of 155 States parties to the Convention, Colombia must present periodic reports to the Committee on efforts to implement the treaty.

Also this afternoon, the Committee discussed formal concluding observations on the report of Iran and adopted some paragraphs which expressed the Committee's concerns that some provinces of the country largely inhabited by persons belonging to minorities were still economically disadvantaged. The Committee will continue its work on draft concluding observations on the situation in Iran during its coming meetings.

When the Committee meets at 10 a.m. Wednesday, 18 August, it will continue its consideration of the Colombian report.

Report of Colombia

The ninth periodic report of Colombia (document CERD/C/332/Add.1) says that human-rights problems in the country are closely connected with the existence of multiple forms of violence whose limits are difficult to determine, owing in particular to the continuing internal armed conflict Colombia is experiencing. Nevertheless, to deal with this situation, the Government has designed a comprehensive and long-term policy for the promotion, protection and defence of human rights and the dissemination and implementation of international humanitarian law.

The report also says that with regard to assistance to indigenous victims of violence, the Government conducts programmes in the framework of its Social Solidarity Network and other ministries. In addition, the Office of the Presidential Advisor for Human Rights receives complaints of human-rights violations lodged by indigenous communities and encourages competent bodies to conduct investigations. The report says that the status of the Black communities of Colombia is only beginning to be a subject of systematic study by the State.

Introduction of Report

PASTOR ELIAS MURILLO MARTINEZ, of the Ministry of External Relations of Colombia, said the ninth periodic report demonstrated the efforts and commitment of the Government to solving the country’s various internal problems, including ethnic conflicts.

Mr. Martinez said that by including a policy on ethnic issues, the Government had attempted to reduce inequalities that existed in the country among various racial groups. The policy was incorporated into national guidelines designed to aid the development of the nation's ethnic groups. In addition, in 1995 and 1996, the Government had adopted policy documents with regard to its indigenous and African-Colombian populations which aimed at promoting their rights and increasing their participation in the nation's affairs.

Mr. Martinez said the Government's policy for indigenous peoples was formed in the National Economic and Social Policy Council, with a view to prompting the implementation of the Constitutional principle of the ethnic and cultural diversity of the Colombian nation, and was based on promoting the rights deriving from it. The policy was aimed at supporting indigenous people's social, economic, educational and cultural systems, at improving health, and at monitoring and adapting responses to improve coordination.

To support, strengthen and ensure the consolidation and implementation of the rights granted to indigenous peoples by the country's Constitution, the Government had adopted a plan of action for indigenous peoples, Mr. Martinez said. The plan was adopted on the basis of respect for ethnic and cultural diversity through the participation of indigenous peoples in national life and, especially, featured the design and implementation of social and economic development projects having an impact on indigenous social, economic, cultural and political systems.

With regard to Afro-Colombians, Mr. Martinez said the Government had decided to speed up implementation of a Constitutional provision on the ethnic and cultural diversity of the Colombian nation and to give effect to those rights. Black communities were encouraged by the Government to participate in decision-making processes regarding not only their own affairs but also the affairs of the nation as a whole.

Mr. Martinez said that besides policy guidelines designed to enhance the promotion and protection of Colombia’s diverse ethnic communities, the Government had recognized the existence of unequal development with regard to their rights. However, the State had no policy of racial discrimination. On several occasions, the Government had expressed acknowledgement and recognition of the problems it had encountered regarding ethnic issues. Similarly, it had taken a series of measures to overcome the difficulties it had faced in that regard. It was also working to reduce inequalities between different ethnic groups, giving particularly attention to indigenous inhabitants and African-Colombians, he said.

Speaking about the serious consequences of internal armed conflicts and internal displacements, Mr. Martinez said the Government was seeking solutions which might bring the situation back to normal. In regions where the armed conflicts had intensified, they had seriously affected ethnic communities based there, he said. The mass internal displacement of people had also been a grave problem. Similarly, there had been serious environmental incidents due to oil exploration and exploitation of indigenous lands. The situation had become a great concern for native communities and the Government, he said.

Mr. Martinez said a new decree had enabled the establishment of a standing committee on human rights, which was presided over by a high-ranking Government official with members drawn from different ministries and human-rights organizations. Representatives of the United Nations High Commissioner for Human Rights, the United Nations High Commissioner for Refugees and other relevant human-rights bodies would be associated with the activities of the committee.

In conclusion, Mr. Martinez said that a new military criminal code adopted on August 11 stipulated, among other things, that promotion in the armed forces and the continuation of military careers depended on the human-rights records of the officers in question. He said members of the armed forces were involved in security-maintenance activities among civilians.

Discussion of Report

GAY MCDOUGALL, the Committee Expert who served as country rapporteur for the report of Colombia, said she recognized that the climate of violence that was linked to the internal conflict, drug trafficking and the existence of armed paramilitary groups made full implementation of the Convention and all of Colombia's human-rights obligations more difficult. However, as the indigenous and Afro-Colombian communities were disproportionately more likely to be victimized by the violence, their situation with respect to the ongoing internal conflict in the country should be a matter of vital concern to the Committee.

Ms. McDougall said that with respect to the armed conflict, a great concern was that increasingly both paramilitary groups and rebel forces had been attacking and threatening unarmed civilians, including both the indigenous and Afro-Colombian communities. In addition, the internal conflict had already led to one of the largest internally displaced populations in the world, and Afro-Colombian and indigenous communities appeared to be disproportionately represented in the growing mass of displaced persons.

Ms. McDougall said that in terms of Government policy on racial discrimination, a significant number of affirmative policies had been established, such as the effort undertaken by the Government to create a comprehensive policy for the benefit of Colombia's indigenous peoples. However, the Government had recognized that financial limitations had hindered implementation of the policy, particularly the "programme for ethnic support and strengthening of the indigenous peoples of Colombia 1995-1998". She asked the delegation to inform her on measures taken by the Government to implement the programme.

With regard to the country’s Afro-Colombian communities, Ms. McDougall recalled that a new and ambitious development plan had been issued by the Government as part of its national development plan. Approximately 1.6 billion Columbian dollars would have been allocated to a development programme targeting Afro-Colombian communities. She said she would very much like to receive an update from the delegation on the current status of that development plan. Had any money been allocated? Had any programme been initiated under the plan? To what extent had steps been taken to ensure that the plan did not suffer from the same material limitations that had impacted the country in 1995-1998?

Other members of the Committee also had remarks on the report and put questions to the Colombian delegation on such issues as the situation of Afro-Colombian and indigenous peoples; the consequences of the armed conflicts; the condition of women, particularly indigenous and Black women; internally displaced persons; and Government measures to combat racial discrimination.

HAROLD SANDOVAL BERNAL (Colombia), responding to some of the questions raised by Committee members, said the Colombian Government was cooperating with international humanitarian organizations, including a Regional Office of the United Nations Office of the High Commissioner for Human Rights, which had started operatious in 1997. A Special Rapporteur of the Commission on Human Rights had also had an opportunity to visit the country on several occasions to report on the evolution of the situation.

Mr. Bernal said that as a multi-ethnic and multi-cultural society, Colombia had been endeavouring to create a harmonious and diversified society by enabling everyone to enjoy the rights enshrined in the Constitution and other international instruments to which Colombia was a party. However, the Government was faced with problems in the realization of its plans and programmes mainly related to financial resources and the ongoing armed conflict.

Mr. Bernal said the main development since the new Government had taken power in 1998 was an increased effort to enhance the peace process. The Head of State had been seeking ways and means to resolve the armed conflict which had affect the country's peace and democratic processes.

Mr. Bernal admitted that the participation of indigenous and Black women in the country's work force was weak. He said the Government was taking all possible measures to rectify the situation and to promote national awareness of anti-discrimination standards.