COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION TAKES UP COLOMBIA REPORT

Press Release
RD/850

COMMITTEE ON ELIMINATION OF RACIAL DISCRIMINATION TAKES UP COLOMBIA REPORT

GENEVA, 29 February (UN Information Service) -- Alleged violations of the rights of members of indigenous and black communities in Colombia were among the issues raised this afternoon as the Committee on the Elimination of Racial Discrimination took up a report from that country.

According to reports cited by members of the expert panel, paramilitary groups had targeted indigenous and Afro-Colombian grass-roots leaders. It seemed, said another expert, that an impressive legislative framework was not being applied to protect minority groups. A Colombian Government delegation is scheduled to respond to the Committee's concerns tomorrow.

Prior to taking up consideration of the situation in Colombia, the Committee, charged with monitoring the implementation of the International Convention on the Elimination of All Forms of Racial Discrimination, concluded its general discussion on a report from the Russian Federation.

Discussion of Russian Federation Report

Continuing their examination of the thirteenth periodic report of the Russian Federation, Committee experts asked further questions regarding reports that some 40,000 Ingush from North Ossetia expelled by the Ossetians and had not been allowed to return home. It was also reported that some of those allowed to come back did not enjoy their rights fully. It was suggested that this information could be sent in an interim report from the Russian Federation. Committee members also requested more information on the Russian Commission on Human Rights and the application of article 4 of the Convention providing that, "States shall take effective measures to revise governmental and other public policies and to rescind laws and regulations which have the effect of creating and perpetuating racial discrimination".

ANDREI CHERNENKO, Deputy Minister at the Ministry for Nationalities and Regional Policies, said the problem of the Ossetian-Ingush conflict had many different levels, and thus required coordination of efforts of all different areas of Federal authorities to address it. The involvement of Federal authorities in the events of 1992 in the region, and further action taken since then, had allowed them to reduce the number of possible victims to a

minimum. As for the return of those Ingush forced to leave their homes, the problem on the day-to-day level did exist and needed solving. This very delicate issue needed a balanced approach and a clear dialogue. He could indicate that the resources for assisting the return of these people were provided by the Federal Government.

Concerning the question of residence permits, or "propiskas", enforcement of which was reported to discriminate against dark-skinned people, Mr. Chernenko said it was a problem. That was incompatible with the Constitution or with international human rights instruments. But now it had become more of an economic problem. Moscow had replaced "propiskas" with a system of registration.

Regarding the role of the Russian Commission on Human Rights, he said Sergei Kovalev had retired as its head. As for the relation between Commonwealth of Independent States conventions on human rights and European instruments, he said the former contained provisions on non-discrimination.

The delegation indicated that it would take note of comments on the application of article 4 of the Convention.

Report of Colombia

The seventh periodic report of Colombia (document CERD/C/257/Add.1) states that in 1991 the National Assembly promulgated a new Political Constitution which had as one of its most striking features the promulgation of a number of special guarantees concerning ethnic communities based on recognition by the State of the ethnic and cultural diversity of Colombia.

According to the report, the new charter reflected important changes designed to safeguard the rights of indigenous peoples and Afro-American Colombian and aboriginal communities. The Constitution not only provided legal guarantees for the elimination of racial discrimination; it also provided for machinery to guarantee promotion of the development of each community according to its particular outlook. At a more concrete level, the indigenous and black communities, considered as forming part of the least favoured sector population, would enjoy special protection within a social security network, the resources of which would be earmarked for the improvement of their socio-economic condition.

The report was introduced by Guillermo Alberto Gonzalez, Permanent Representative of Colombia at Geneva; Pastor Murillo Martínez, Director for Black Communities at the Ministry of the Interior; and María Carrizosa, Minister Counsellor, Chargée d'affaires, ad interim, Permanent Mission of Colombia at Geneva.

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Discussion of Colombia Report

Committee experts welcomed the report of Colombia, which listed the many measures taken to counter racial discrimination. However, the document contained little information on the actual situation in the country. The delegation was asked for information on violence against disadvantaged groups in society, including small-scale farmers, street children and indigenous people. What was being done to put a stop to the violence perpetrated by paramilitary and guerrilla groups, which in cases was reported to affect particularly Afro-Colombian and indigenous groups? it was asked. Had any specific penal provisions been enacted to punish acts of racism? What were the competence and functions of the special indigenous tribunals of Colombia? What was their relationship to regular criminals tribunals?

A Committee expert quoted from a report by the Colombia Human Rights Committee claiming that indigenous and Afro-Colombian grass-roots leaders had been among a number of people targeted for murder. The report stated that national resources in the indigenous territories shall be effected without impairing the cultural, social and economic integrity of the indigenous communities, an expert recalled. But, who had the right to exploit those resources? What was implied when it was said in the report that the principle of participative and pluralist democracy had been partially implemented? Could international legal instruments be invoked in the courts? How had the black communities responded to the measures taken to insure their participation in the organs created to promote their fundamental rights? What had been the experience in the application of decrees 1088 and 1809 of 1993 providing for indigenous self-government?

Colombian legislation was seemingly not adequate to implement the provisions of article 4 calling for the revision or repeal of policies or laws which perpetuated racial discrimination, according to an expert. The delegation was asked to comment on reports from the World Organization against Torture claiming ill-treatment of individuals in Colombia. It seemed, said an expert, that an impressive legislative framework was not being applied to protect minority groups. There were also reports from the International Working Group on Indigenous Affairs on the possible flooding of indigenous lands in the north of Colombia if the Urra power station was built. Dredging for gold was also said to be continuing in the lands of the Guainia and Puinaves groups, despite a ruling against this activity. This invasion of indigenous territories was leading to the contamination of their water.

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