Annual Report State of Human Rights of the Afro-Colombian Population 2010

7/30/2019 Annual Report State of Human Rights of the Afro-Colombian Population 2010

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National Movement for Human Rights in the Afro-ColombianCommunities CIMARRN

www.movimientocimarron.orgcimarronnacional@movimientocimarron.org

Cr 9 No 1288 Of. 601

Annual Report: State ofHuman Rights of the Afro-ColombianPopulation, 2010

Carlos Augusto VifaraLpez1Consultant

With support of the Spanish Agency of International Development Cooperation(AECID), European Union and Social Action

Bogot, 2010

1 Economist (M. A., Population Studies), Professor, Department of Economics, Universidad del Valle. I amindebted to the excellent research assistance of Jackelin Mara Posada Ramos, Economics student ofUniversidad del Valle. The author takes full responsibility for any errors or omissions.
http://www.movimientocimarron.org/http://www.movimientocimarron.org/mailto:[email protected]:[email protected]:[email protected]://www.movimientocimarron.org/


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Foreword

No Colombian person should ignore neither the origin nor the condition of the Afro-Colombian communities presence and their painful (economical and cultural)contribution to Colombian development. People of African descent live in Colombia and

America because they were kidnapped, enslaved, segregated and condemned to racismand marginalization, which are the same sources of poverty, ethnic imbalance and bothracial and social unrest that characterizes the Colombian society and deprive Afro-Colombian population of Human Rights and dignity.

As a contribution to reflection and social commitment brought by the bicentennial year ofColombias independence, the fulfillment of the Millennium Development Goals and thespirit of United Nations in light of its decision to declare 2011 as International Year ofpeople of African descent, the National Movement for Human Rights in the Afro-Colombian Communities (CIMARRN) presents, to the country and the world, the2010 Report on the State of Human Rights of the Afro-Colombian population,

which shows the dramatic consequences of invisibility and neglect to Afro-Colombianpeople perpetrated by the State and the ruling elites during 200 years of Republic ofColombias political existence.

Cimarrn appreciates the discipline and scientific rigor of this report's author, Dr. CarlosVifara, researcher at Universidad del Valle, who has deserved national and internationalrecognition for his social researches on Afro-Colombian peoples reality.

Finally, the completion of this report was possible thanks to the commitment to thetransformation of the Afro-Colombian reality, the support for Cimarrns institutionalstrengthening, and the economical support of the European Union Colombia, the

Spanish Agency for International Cooperation to Development (AECID for its Capitals inSpanish) and the Presidential Agency for Social Action. All of those institutions arecommitted to the integration of the differentiated Afro-ethnic approach in public policyand Afro-Colombian Human Rights protection for elimination of racism and racialdiscrimination.

Juan de Dios Mosquera MosqueraNational Director, Cimarrn

19.


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Introduction: Human Rights and Human Development ................................................. 4

Normative Framework of Human Rights for Afro-Colombian Population .................... 6

Racial Discrimination in Colombia: Stylized Facts........................................................ 12

Perception of racial discrimination ....................................................................................... 22

Have you ever been a victim or a witness of racist attitudes? ..............................................................23Where have you been a victim or a witness of racist behaviors or actions? ........................................25If you have been a victim or a witness of an act of racial discrimination, did you report it when ithappened? ............................................................................................................................................26In your opinion, what entities do exercise racial discrimination on an ongoing basis? ................... ....27Do you think that entrepreneurs tend to pay Afro-Colombian people lower wages than other peopleand/or discriminate them? ....................................................................................................................30

Economic and Social Development and Afro-Colombian Population .......................... 32

Demographic Concentration of the Afro-Colombian Population ....................................... 32

Sociodemographic Vulnerability and Living Standards of the Afro-ColombianPopulation ................................................................................................................................ 33

Education, health and nourishment for the Afro-Colombian Population ......................... 37Education .............................................................................................................................................37Health ...................................................................................................................................................43Nourishment .........................................................................................................................................48

Labor market........................................................................................................................... 50Laboral activity ....................................................................................................................................51Occupational Insertion .........................................................................................................................53Labor income .......................................................................................................................................56Labor income and discrimination.........................................................................................................58

Access to Financial Services and Participation in GDP ....................................................... 59

Programs of Economic and Social Development Designed for the Afro-Colombian

Population ................................................................................................................................ 62

Human Rights and the Afro-Colombian Population...................................................... 67

Homicides, massacres, anti-personnel landmines and unexploded ammunition incidents

................................................................................................................................................... 67

Forced Displacement and Causes of Mobility ...................................................................... 68

Vulnerability of Collective Territories Law 70..................................................................... 72Threats to Collective Territories ..........................................................................................................73

Characterization and Political Participation of the Afro-Colombian Population ........ 77

Other features of political participation ............................................................................... 80

The Afro-Colombian caucus: a choice? ................................................................................ 81

Conclusions and recommendations................................................................................. 82

References ........................................................................................................................ 85

Appendix ........................................................................................................................... 95


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Introduction: Human Rights and Human Development

The Human Development Report (2000) defines Human Rights as follows:

[...] Human rights are the rights possessed by all persons, by virtue oftheir common humanity, to live a life of freedom and dignity. They giveall people moral claims on the behaviour of individuals and on thedesign of social arrangementsand are universal, inalienable andindivisible. Human Rights express our deepest commitments toensuring that all persons are secure in their enjoyment of the goods andfreedoms that are necessary for dignified living. (UNDP, 2000, pp. 16-17).

Usually, Human Rights have been linked to assuring political freedoms, civil rights, anddemocratic freedoms for all people may demand claims against others. It also involves

being protected from actions against their will and all types of deprivation. On the otherhand, human development has been considered in the recognition of social, economic andcultural rights due to its relationship with expansion of capacities, which reflect thedegree of freedom that a person has in order to choose the way of life that values andwishes (Sen, 1990). Even human development calls for the most basic of skills: Toappear in public without shame (UNDP, 2000, p. 20) Although the objectives seenbefore may seem dissimilar, there is a growing consensus concerning the realization ofHuman Rights and the promotion of human development: both of them share a commonmotivation to ensure peoples freedom, welfare and dignity.

If human development focuses on the enhancement of the capabilitiesand freedoms that the members of a community enjoy, Human Rightsrepresent the claims that individuals have on the conduct of individualand collective agents and on the design of social arrangements tofacilitate or secure these capabilities and freedoms. (UNDP, 2000, p.20)

When human development and Human Rights advance together, theyreinforce one another expanding peoples capabilities and protectingtheir rights and fundamental freedoms. (UNDP, 2000, p. 2)

The emphasis on the integrated approach implies centrality of human beings, as well asassuring freedom as the fundamental principle that should prevail in any society. Today,

to ensure political freedoms, civil rights and democratic freedoms would not becommendable without complying with economic, social and cultural rights in a reciprocalway. The emphasis on the right to development imposes an obligation to governmentsregarding enjoyment of all kinds of freedoms that are considered essential to socialgroups or individuals:

Freedom from discrimination due to gender, race, national or ethnic origin, orreligion.


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Freedom from need, in order to enjoy a decent quality of life. Freedom for any person to develop and realize his/her human potential. Freedom from fear, threats to personal security, torture, arbitrary detention and

other violent acts. Freedom from injustice and violations to the rule of law. Freedom to make decisions, express opinions, and create associations. Freedom to have a decent job without being exploited.

Regarding the specific case of the Afro-Colombian population, [...] The principle ofnon-discrimination protects the enjoyment of Human Rights and fundamental freedoms,on equal terms, in the political, economic, social and cultural fields, or in any other fieldof public life (CERD, 2009b, pp. 3-4). In other words, freedom from discriminationserves as a catalyst to ensure full and equal enjoyment of Human Rights and fundamentalfreedoms. In Colombia, the discrimination has crucially affected the freedom, welfareand dignity of the Afro-Colombian population2.

In accordance with the aforementioned, this report intends to examine the currentsituation regarding political freedoms, civil rights and democratic freedoms of the Afro-Colombian population, as well as their economic, social and cultural rights. This involvesan analysis of the hardships faced by Afro-Colombian people, which negatively affect theexpansion of opportunities and developing skills for living the life they want and value(Sen, 1990).

The contents of the document, whose first section is this introduction, will be describedbelow. The second section contains a review of the regulatory framework of HumanRights, and human development for Afro-Colombian population. The third one is ananalysis on discrimination against Afro-Colombian population in several areas. In order

to rank the findings about racial discrimination in Colombia, it is presented the mainresults of the national survey on Perception of Racism and Racial Discrimination, carriedout by the National Movement for Human Rights in the Afro-Colombian communities(Cimarrn), applied in the cities of Bogot, Cali and Cartagena. The fourth sectioncomprises a diagnosis on economic and social development regarding the situation facedby Afro-Colombian population compared to non-ethnic population, which will focus onthe gaps in demographic behavior, human capital training (education, healthcare andnourishment), labor markets and access to credit; the section concludes by an analysis onthe most important programs for the Afro-Colombian population carried out by the

2 The terms Afro-Colombian, Palenquera and raizal population, black population and population of

African descent are used without distinction in this report. These terms are referred to descendants ofenslaved population, coming from different regions of Africa since sixteenth century, and undergoingdifferent processes of racial mixing with other populations (Native Americans, white people from variousEuropean and American origins, AsiansChinese and Japanese, Arabs, Turkish and Syrian-Lebanese).Thus, it is possible to include black people of mixed race and non-mixed race (called mulatto). Althoughthe historical construction of the black population category came from Europe during its colonial expansionin Africa, it has a positive assessment as a positive investment along the resistance struggles of enslavedpeople from Africa during the various processes of emancipation, as pointed out by Fanon (2009) throughthe blackness category. For a more detailed description, see also Barbary & Urrea (2004).


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national government. In the fifth section, the effect of armed conflict on Human Rights isexamined3. The sixth one comprises a brief characterization of the Afro-Colombianpopulation regarding political and institutional areas. Finally, and as a conclusion of thereport, the regulatory framework is linked to the results of the diagnosis.23.

Normative Framework of Human Rights for Afro-ColombianPopulation

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In recent decades, the Colombian government ratified and added every accessible HumanRights treaty to its own law. It is worth remembering that Human Rights treaties(conventions, agreements and protocols) must be fulfilled as stipulated in their content.However, the case of Afro-Colombian population is usually different from what isexpressed in the standards (both national and international ones). Although it is obviousthat all Human Rights treaties have a similar relevance, the following analysis highlights

(quoting the laws through which they were added to the national law) the treaties closelyrelated to the Afro Colombian population as an ethnic minority. In order of importance,such treaties are:

First, the International Convention on the Elimination of All Forms of RacialDiscrimination, that came into force in Colombia on October 2, 1981, under Law22 of 1981. This Human Rights treaty is perhaps the most important internationallegal reference for Afro-Colombian population. The Convention stresses that thesuperiority doctrines based on racial issues are scientifically false, morallycondemnable, and socially unjust and dangerous, and that there is nothing intheory or in practice that may justify racial discrimination. This Convention

condemns racist practices and calls upon States to take special and concretemeasures in the social, economic, political, and cultural fields to ensure theprotection of minority ethnic groups, and to guarantee fully and equal enjoymentof their fundamental rights and freedoms.

Second, the Convention No. 169 of the International Labour Organization ontribal people, that came into force in Colombia on August 6, 1992, under Law 21of 1991. This Convention, which has become a tool for the Human Rightsorganizations which defend the Afro-Colombian ethnic identity, applies to thoseethnic groups whose social, cultural and economical conditions make themdifferent to the remaining sectors of the national community, and are also

3 An important aspect to analyze is the governability of the Community Councils in the collective territoriesachieved by the Law 70 of 1993, which has strong impact for the Human Rights situation in the Pacificregion.

4 This section was written by Leonardo Reales, Ph.D. (c), Human Rights Coordinator of the NationalMovement Cimarrn. The analysis on the human rights legislation presented below is based on the author'sgraduate thesis,Racism and socio-racial exclusion in Colombia (1991-2005), research conducted between2003 and 2005 for the Institute of Advanced Studies for Development of the Diplomatic Academy of SanCarlos, and Universidad Externado de Colombia.


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governed (totally or partially) by their own customs and traditions, or by speciallegislation. The Convention states that concerned populations must have the rightto decide their priorities regarding their development process, as long as it affectstheir beliefs, territories and welfare. They also must have the right to take control,if possible, over their economic, social, political and cultural development. In

addition, the Convention promotes the participation of those populations (ethnicgroups) in the formulation and assessment of development plans and programsthat may affect them directly.

Third, the International Covenant on Economic, Social and Cultural Rights, thatcame into force in Colombia on January 3, 1976, under Law 74 of 1968. TheCovenant states that all the States Parties must make a commitment to takemeasures, both individually and through international cooperation, toprogressively achieve its full effectiveness. This includes the adoption oflegislative measures such as Law 70 of 1993 Law of Black Communities,and its regulatory decrees in the Colombian case.

Fourth, the International Covenant on Civil and Political Rights, that came intoforce in Colombia in 1976, also under Law 74 of 1968. This covenant emphasizesthe fact that all people are equal before the law, and are entitled to its protectionwithout any kind of discrimination. Along the same line, it should be reiteratedthat the Covenant provides that in States where ethnic minorities exist, membersof those groups must have the right to enjoy their own culture, to practice theirown religious beliefs, their language, and their customs.

Fifth, the Convention on the Elimination of All Forms of Discrimination againstWomen, that came into force in Colombia on February 19, 1982, under Law 51 of

1981. This Convention, which obviously includes all women without distinctionof any kind, is crucial to Afro-Colombian women considering the fact that besidesbeing victims of the racial discrimination and racism, which affects the nation,they are also heavily discriminated due to their gender, a fact that violates theprinciples of equal rights and respect for human dignity, and constitutes a clearobstacle to increase the welfare of society and family, hindering the fulfillment ofwomens ability to serve their communities and country.

Sixth, the Convention on the Rights of the Child, that came into force in theColombia on January 28, 1991, under Law 12 of 1991. This Convention isextremely important in the case of the Afro-Colombian childhood, for it invites

the State to take appropriate measures in order to ensure that all the children whobelong to minoritaryethnic groups are protected from all types of discrimination.

Seventh, the American Convention on Human Rights, which came into force inColombia on July 18, 1978, under Law 16 of 1972. The American Convention isthe main regional legal reference regarding the promotion and defense of social,economic, cultural, civil and political rights. This agreement encourages regionalstates to ensure the full exercise of those rights without discrimination on grounds


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of race, color, sex or socio-economic condition. The American Conventioncategorically forbids any kind of publicity or defense in favor of racism and racialdiscrimination that constitutes incitement to violence or any other illegal actionagainst a person or specific population group. This includes the media, which inmany cases have failed to understand the seriousness of discriminatory and

offensive language towards Afro-Colombian population. The media are using anddisseminating socio-racial (historical) stereotypes, regardless of the prohibitionsstated about this by national and international laws5.

Eighth, the Additional Protocol to the American Convention on Human Rights inthe area of Economic, Social and Cultural Rights, known as the Protocol of SanSalvador, that came into force in Colombia on November 16, 1999, under Law319 of 19966. This Protocol, which highlights the importance of the right tohealth, education, social security and work in fair and favorable conditions (undera non-discriminatory framework), is the other regional legal reference that can beused by the Afro-Colombian population to defend their rights.

United Nations Declaration on the Rights of Persons Belonging to National or Ethnic,Religious and Linguistic Minorities and the other instruments of international andregional Human Rights are extremely important both to the Afro-Colombianpopulation as an ethnic group, and to Colombian society at large. Furthermore, it isimportant to remember that Article 93 of the Political Constitution of Colombia statesthat various Human Rights treaties prevail in the States law enforcement. Throughruling C-225 of 1995, the Constitutional court established that such treaties belong to,with the rest of the Constitution, a block of constitutionality and should therefore beused as control parameters on the constitutionality of national laws.

In addition to the previous statement, Article No. 93 of the Constitution also statesthat the rights established in there must be interpreted according to regional andinternational treaties ratified by the Colombian State. So, this is relevant to the Afro-Colombian population as a minoritary ethnic group who intends to overcome a clearlyunfavorable socio-economic status, and to reduce violations to their (human, social,economic, political, and cultural) rights, supported not only by the regional andinternational treaties described here, but also by the extensive national legislation thatprotects Afro-Colombian population as an ethnic minority.

The basis of this (national) legislation lies in the Law 70 of 1993. This law is the firstone in Colombian history that recognizes rights for the Afro-Colombian population asan ethnic minority. In fact, Law 70 describes the Afro-Colombian communities as apopulation of African Afro-Colombian descent with a particular identity, which

5 The relationship between spread of racism and media deserves special attention by the Government andboth Afro-Colombian and Human Rights NGOs.

6 For more information about the entry into force in Colombia of all Human Rights treaties mentioned, seeUnited Nations Organization (2002).


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allows to catalog them as a minoritary ethnic group.

The intended goal of Law 70 and its regulatory decrees is to move forward to therealization of a cultural pluralism embodied in tolerance and respect for diversity,committed to the development of all the communities that make up the Colombian

nation. Through this law, Afro-Colombian organizations expect (in consultation withthe government) to make come true the principles of formal recognition to differenceand identity that should govern a genuinely democratic society (Ministerio delInterior y de Justicia, 1997).

The most important scopes of Law 70 of 1993 include the following7:

The recognition of private and collective property rights on the so-calledwastelands (located in riparian areas) occupied by Afro-Colombiancommunities of the Pacific region and other areas with similar conditions(Articles No. 1-2 and 4-18).

The protection of ethnic diversity and the right to equality regarding all the groupsthat make up the nation. Moreover, the law provides for protection of theenvironment in which those groups live, and it also recognizes some functions ofecological nature related to their territories.

The delimitation of the Afro-Colombian mining areas, making the respectiveregulations. The Law also guarantees the participation of the communities inevery development program, plan and project established to encourage themanagement and planning of Afro-Colombian issues.

The creation of the Bureau of Community Affairs within the Ministry of InternalAffairs. That Bureau established the official list of every Afro-Colombian

organization in the national, regional and local fields. Likewise, The Bureauserved as means of agreement between Afro-Colombian communities and thenational government. Although its work has been limited by a lack of resources,the Bureau has helped to show to the executive authority the political andsocioeconomic difficulties endured by the Afro-Colombian population8.

Through Article 66 and in compliance with Article 176 of the Constitution, Law70 of 1993 allowed the creation of a special constituency that consists of two seatsfor Afro-Colombians in theHouse of Representatives, which came true in 1994,year of parliamentary elections. However, the Afro-Colombian population lostthat benefit for eight years because Article 66 was declared unenforceable by the

Constitutional Court soon after, and efforts carried by the Legislative branch torestore that article were a failure until 2000. Nowadays, Afro-Colombian peoplecan easily take advantage of this affirmative action policy.

7 For a more detailed discussion on Law 70, see also Mosquera (2000) and Reales (2005).

8 The national government took the decision to remove the Bureau of Black Community Affairs to merge itwith the Bureau of Indigenous Affairs in 2003, without consulting in advance to Afro-Colombiancommunities. Due to international pressure, years after it was created again.


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Beyond the discussion about the true scopes of Law 70, it is worthy of mention that itbecame a legal instrument in favour of the social, economic and political future of theAfro-Colombian population as a minoritary ethnic group, who was involved for thefirst time in the elaboration of its own special law. In addition, Law 70 allowed the

strengthening (although ineffective to date) of the national legislation that favorsAfro-Colombians, as it is suggested by its decrees. Within these decrees, thefollowing are worthy of mention because of their importance:

The Decree 2249 of 1995, by which the Educational Committee of Afro-Colombian communities (Comisin Pedaggica de ComunidadesAfrocolombianas) was created. The Committee allows the communities to have aspace where the consultancy, design, development and implementation of ethno-educative policies can be carried out. The Committee also allows the constructionof curricula for provision of educational services according to the needs, interestsand/or expectations of the members of different population sectors (Afro-

Colombian people).

The Decree 1627 of 1996, by which the Special Fund of Educational Credits forAfro-ColombianCommunities was created. This fund, managed by the ColombianInstitute of Educational Credit and Technical Studies Abroad (hereinafterICETEX for its capitals in Spanish), is designed for low-income students whodemonstrate high academic performance in high school, in order to facilitate theiraccess to any undergraduate program on higher education (Procuradura Generalde la Nacin, 2004, p. 382).

The Decree 1122 of 1998, which establishes the mandatory inclusion of the Afro-Colombian Studies Chair (Ctedra de Estudios Afrocolombianos) in every publicschool that offers pre-school, elementary and higher education courses. The Chairseeks to exalt and spread Afro-Colombian history and identity as nationalheritages, which have been (and remain) ignored in schools curricula andtextbooks.

The Decree 1745 of 1995, which established the general procedure to recognizethe right to collective ownership of the Lands of Afro-Colombian Communities(Tierras de Comunidades Afrocolombianas). The first stage of the procedurebegins with the preparation of the application for land titling by the communities.In the second stage, the Colombian Institute of Agrarian Reform (hereinafter

INCORA for its capitals in Spanish) Today the Colombian Institute of RuralDevelopment (hereinafter INCODER for its capitals in Spanish) copes withland titling as manager of the national wastelands. Finally, the communitiesformulate and implement plans and programs (related to environmental and socio-economic development) aimed to make a better use of those titled territories(Procuradura General de la Nacin, 2004, pp. 325-327).


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The Decree 2314 of 1994, by which the Studies Commitee to formulate theDevelopment Plan for the Afro-Colombian Population (Comisin de Estudiospara Formular el Plan de Desarrollo de la Poblacin Afrocolombiana) wascreated. The Committee proved to be very important for the Afro-Colombianorganization process, because it allowed to bring experts in the issue together to

develop the development plan. Although the plan has not been implemented yet, itbecame a tool for the works made by intellectuals and Afro-Colombianorganizations9.

The Decree 2248 of 1995, by which the parameters for the Record of Community-based Organizations of Afro-Colombian Communities (Registro deOrganizaciones de Base de las Comunidades Afrocolombianas) are established.This record lies in the Ministry of Internal Affairs and allows to know how manyCommunity-based organizations do exist to date.

At last, the new Constitution begins the creation and implementation of anextensive legislation that promotes not only the protection of Afro-Colombianpeople rights as an ethnic minority, but also the elimination of racialdiscrimination against them.

It only remains to mention the existence of three important laws in the national legislationthat particularly benefit Afro-Colombian people. The first one is Law 115 of 1994(known as General Law of Education), which is important because it promotes ethniceducation at secondary level courses; The second one is Law 649 of 2000, a key to thepolitical process because it reestablished the special national district for Afro-Colombianpeople, who have the right to occupy two ethnic seats in the House of Representativessince 200210. The third one is Law 725 of 2001, also extremely important for the Afro-

Colombians: through it, May 21 was declared as National Afro-Colombian heritageday11.

Finally, the Order No. 005 of the Constitutional Court (on population of Afro-Colombiandescent in a displacement situation), which is mandatory, must be mentioned when it isanalyzed the relationship between the law and the Afro-Colombian scene. To date, nopublic policies have been implemented related to prevention, support and return plansestablished by the Order.

9

Neither the National Development Plan of Afro-Colombians (1999), nor subsequent political and socio-economic development plansprepared by the Afro-Colombian communitieswere implemented in thecountry as it is established by national legislation (Reales, 2005).

10 Afro-Colombians may be elected to the House of Representatives under the territorial constituencies. TheLaw 649 guarantees the election of two representatives (at national level) for each parliamentary election.

11On May 21, 1851, Colombias Congress approved the abolition of slavery, hence the reason for choosingthis day to reclaim and enhance the Afro-Colombian contribution to the Nation each year.


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In conclusion, the extensive normative framework of Human Rights explained hereshows that Afro-Colombian population can use multiple legal tools that protect it as anethnic minority. However, despite national, regional and international regulations, racialdiscrimination continues to affect Afro-Colombians in all areas. Therefore, research ontheir situation should continue to be supported not only by Afro-Colombian organizations

but also by academic world and national government. As Pollis accurately points out(2000), studying the impact of Human Rights violations in countries where ethnicminorities have been historically discriminated by the dominant culture is vital topromote their development and nations development as a whole.28

Racial Discrimination in Colombia: Stylized Facts

One of the key factors associated with the lack of a State policy aimed to benefit Afro-Colombian population has been the systematic refusal to confront the racial issue in theconformation of Colombian nation by officially denying the existence of various kinds ofracial discrimination, which are result of a colonial and republican history of slavery,republican history of post slavery until the mid twentieth century, and modernizationhistory throughout that century.

In this sense, it is important to point out that the definition of racial discriminationprovided by international conventions to which Colombia has participated states thefollowing:

In this Convention, the term racial discrimination shall mean anydistinction, exclusion, restriction or preference based on race, colour,descent, or national or ethnic origin which has the purpose or effect of

nullifying or impairing the recognition, enjoyment or exercise, on anequal footing, of human rights and fundamental freedoms in thepolitical, economic, social, cultural or any other field of public life12.

In this regard, racial discrimination may be divided in two kinds:

a) Direct discrimination: less favorable treatment based on race, which induces adisadvantage, and those actions or omissions that cause injury.

b) Indirect discrimination: differentiated treatment based on inadequately justifiedfactors other than race, which establish a disadvantage for a racial group (UN,2009, pp. 4-5; Blank, Dabady, & Citro, 2004, p. 39).

Direct discrimination occurs as a deliberate and voluntary action performed by certainsocial groups against others, excluding them from access to social services, restrictingtheir individual freedoms of choice or even explicitly rejecting them in labor market and

12 International Convention on Elimination of All Forms of Racial Discrimination, adopted by the UNGeneral Assembly on 21 December 1965, with a reservation to the entirety of Article XXII (jurisdiction ofthe International Court of Justice).


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educational system, among others. On the other hand, indirect discrimination perpetuatesiniquities by means of actions such as the existence of apparently neutral laws, policiesand practices that affect a specific social group. Differences in peoples wages with equaljobs and equal skills, due to their skin color or gender, are a good example of directdiscrimination, while indirect discrimination is supported by seemingly universal codes,

which establish differences between peoples skills that actually are equal, but theybecome different due to their membership to a social group. In this sense, indirectdiscriminatory practice operates through the a priori social valuation that lies in thecontractual processes or in the prejudices of a society.

That said, evidence related to racial discrimination in Colombia will be shown next. First,it is shown the state of the art regarding studies and observations that try to detectdiscrimination. It is important to note that most of these studies have focused ondiscrimination in access to education and healthcare, and discrimination in labor market.The hypothesis to verify in most of these studies is whether the Afro-Colombianpopulations worst living standards exist due to poverty and racial discrimination13 (see

Schiller, 1971, p. 263). After that, we present a few specific cases of racialdiscrimination, which show the hatred and prejudices faced by the Afro-Colombianpopulation, which in turn restrict their fundamental freedoms.

Table 1Tracking racial discrimination through observational studies

Area StudyData used /analysis

perspectiveResults

FirstStudies

Agieren, Barbary,

Hoffmann, Quintin,Ramrez & Urrea(2000); Urrea &Ramrez (2000);Urrea, Ramrez &Vifara (2002),Barbary, Ramrez,Urrea & Vifara(2004); Urrea, Vifara,Ramrez & Botero(2007).

Overall, black population inColombia faces worse livingstandards than others,precarious participation ingoods and services markets,and greater demographicvulnerability.

13 This distinction is crucial in political strategies to improve the living standards of the Afro-Colombianpopulation. In fact, within the meaning of the United Nations (2009), special measures or affirmative actionpolicies, as commonly known, would apply in the case found that the ethnic-racial condition.that limits theenjoyment or exercise


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Area StudyData used /analysisperspective

Results

Education

Vifara (2005)

Biographical sample of

Cidse, IRD, Colcienciassurvey (1998) / racial(classification not made bythe pollster).

Through a life course analysison residents of the city of Caliin 1998, it was found that,compared to other socialgroups, black population wasmore likely to drop-out ofschool earlier and get lowereducational achievements.That fact can be understood asdiscrimination due to race.

Vifara & Urrea(2006)

National household survey(110th stage, 2000) / racial

(self-awareness, photographs)

Racial/ethnic status has asignificant effect on thedifferentials regardingeducational attainmentbetween Afro-Colombian andnon-Afro-Colombianindividuals, in the cities ofCali, Bogot and Cartagena in2000, even when controllingbirth cohorts.

Forero (2007)National household survey(110th stage, 2000) / racial(self-awareness, photographs)

The study analyzes the effectsof neighborhood ineducational achievement levelbetween Afro-Colombian andnon-ethnic individuals. Itconcludes that spatiallysegregated Afro-Colombiansobtain lower educationalachievements than non-ethnicpeople.

Vsquez (2007)Experimental design anddeep interviews / racial

Based on ethnographicobservations and interviews toAfro-Colombian and non-ethnic teachers and students intwo schools located in Soacha,the author observeddiscrimination actions indiscourse and treatment ofnon-ethnic teachers andstudents against Afro-Colombian students.


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Results

Rodrguez, Alfonso &Cavelier (2009)

Experimental design anddeep interviews / racial

Educational services provisionoffered to Afro-Colombianpopulation is a low qualityone, due to infrastructureproblems, scarcity of teachingresources, overcrowdedclassrooms, bad workingconditions of the teachers, andthe effects of armed conflict.Besides, it is proved theexistence of offensive andinsulting treatment fromteachers and fellow studentsto Afro-Colombianpopulation, which impactstheir academic performance,and their decision to drop-outof school.

Gonzlez (2009)National household survey(110th stage, 2000) / racial(self-awareness, photographs)

There is a greater educationalgap (the difference betweenpotential education years andactual years taken accordingto age) for Afro-Colombianpeople, which means lowereducational achievements forthis population, though theseinequalities are particularlystrong and significant in thecity of Cali.

Healthcare

Bernal & Crdenas(2005)

Quality of Life NationalSurvey (2003) / racial andethnic self-awareness

The differentials in healthcareaccess between Afro-Colombian and non-ethnicindividuals stem from thelower social backgrounds ofAfro-Colombians, instead ofracial discrimination.

Hurtado (2005)Quality of Life NationalSurvey (2003) / racial andethnic self-awareness.

Unequal access to healthcarebetween Afro-Colombian andnon-ethnic individuals stemsfrom racial discriminationinstead of social origins.

Rodrguez et al.,(2009)

Experimental design anddeep interviews / racial.

Afro-Colombian populationfaces enormous shortcomingsrelated to all aspects of theright to healthcare(availability, accessibility,acceptability and quality). Thegood actions found by the


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Results

Observatory on RacialDiscrimination (ORD) stemfrom both isolated andunsystematic initiatives andpolicies that lack institutionalcoordination at the nationallevel, and their results areunflattering.

LaborMarket

Portilla (2003)Cidse, Banco Mundial survey(1999) / racial (classificationnot made by the pollster).

There are greater educationalrequirements for black-mulatto individuals in order toaccess the formal sector ofeconomy.

Barbary & Estacio(2005)


Applying a life course model,the authors find that there arebarriers for the developmentof successful careers in labormarket for the best educatedAfro-Colombian women.

Posso (2005) Deep interviews / racial.

The increase in recruitmentthrough employment agencieshas greatly worsened theworking conditions of femalehousekeepers. Employmentagencies are entities thatoperate to service those whopay for that service, theemployers [] In spite ofgetting a job through anemployment agency, femalehousekeepers remainemployed in illegal conditions(wages below the legalminimum, without socialsecurity, vacations, etc.), andaccording to subjectivecriteria.

Vifara & Urrea

(2006)

National household survey(110th stage, 2000) / racial(self-awareness, photographs)

Afro-Colombian individualsface limitations to access jobswith high socioeconomicstatus in Cali, Bogot andCartagena.


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Results

Daz & Forero, (2006);

Romero, (2007)

National household survey(110th stage, 2000) / racial(self-awareness). Continuous

Household Survey (CHS, 2ndquarter, 2004) / racial andethnic self-awareness.

Using various econometrictechniques, it is found

evidence of wagediscrimination against Afro-Colombian individuals.

Rojas (2008)Quality of Life NationalSurvey (2003) / racial andethnic self-awareness.

On average, Afro-Colombiansearn 6,4% less per hour thannon-ethnic individuals, andthey commonly live in poorerliving conditions than the restof the population. However,when controlling foreducation, experience,

geographic location, labormarket segment and maritalstatus, ethnic/racial conditionbecomes less important inincome differentials. There isalso a strong relationshipbetween being Afro-Colombian and poverty,which demonstrates pre-market discrimination as thescarcity of resources limits theability to improve earnings inthe future.

Vifara (2008a).


The author obtained the sameresults as Barbary & Moreno(2005), regarding first jobrecruiting of Afro-Colombianpeople.

Vifara (2008b)


The impact of recentsocioeconomictransformations has widenedoccupational achievementgaps between Afro-Colombians and non-ethnicpeople in Cali.

Aponte (2009)Quality of Life NationalSurvey (2003) / racial andethnic self-awareness.

Afro-Colombian children aremore prone to enter the labormarket at an early age(between 5 and 11 years old)after controlling for factorsassociated with social classand environment of children.


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Results

Gonzlez (2009)

Continuous HouseholdSurvey (CHS, 2nd quarter,

2004) / racial and ethnic self-awareness.

Discrimination has animportant effect on the wagegap between Afro-Colombianand non-ethnic women.Racial/ethnic status becomes acatalyst for gender inequalitiesin labor market.

Tenjo & Herrera(2009)

Quality of Life NationalSurvey (2003) / racial andethnic self-awareness.

The authors found that morethan half of the average wagedifferences between people ofAfrican descent and non-African descent (mixed raceand / or white people) areexplained by the fact thatwithin the same occupationand skill level, workers ofAfrican descent earn less thanother workers.

Vifara, Urrea &Correa (2009)

Continuous HouseholdSurvey (CHS, 2nd quarter,2004) / racial and ethnic self-awareness.

A significant proportion ofwage differentials betweenAfro-Colombians and non-ethnic individuals is explainedby differentials in humancapital, but the proportion ofunexplained wage gap,attributed to discrimination,showed a significant effect onthe average of the thirteencities, Bogot and Cartagena.When performing the sameexercise for formalemployees, the results arequite suggestive: there is areduction in the proportion ofdifferentials related to humancapital and an increase in theproportion and significance ofunexplained wagedifferentials, that may beattributable to discrimination.


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Results

StructuralDiscrimination

Urrea & Vifara(2007)

Quality of Life NationalSurvey (2003) / racial andethnic self-awareness.

When the effect of ethnic /racial status on the probabilityof being poor is assessedusing the LP-LI method, racedoes not have a significanteffect. This effect is onlysignificant when theunsatisfied basic needs (UBN)methodology is used. Thelatter could suggest that, underequal conditions, Afro-Colombian people face morelimitations on skill formationto overcome povertysituations.

Vifara, Vivas, Urreay Castro (2009)

2005 national census / racialand ethnic self-awareness.

The municipalities inhabitedby a greater number of Afro-Colombian individuals obtainpoorer results in terms ofquality-of-life index (QLI),after controlling for distancefrom Bogot and urbanizationrate. This gives less relevanceto the explanations thatgeographical condition as thesole determinant of the worstliving standards faced byAfro-Colombian people.

Table 2Specific Cases of Discrimination

Case Source

A cartoon titled Nieves, published by El Pas newspaperthirty years ago, made a stigmatization of Afro-Colombianmen and women. They were shown as ignorant people,

suitable only for low-quality and low-paying jobs such asconstruction and housekeeping. Given this, PascualCharrupi, statistician and teacher at Universidad del Valle(), presented a claim that was subsequently declared non-

procedural.

El Pas newspaper.


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Case Source

On May 17, 2008, El Tiempo newspaper published theresults of a fieldwork carried out by five Law students fromUniversidad de los Andes, which showed discrimination insome clubs in the Zona Rosa area and in a park known asParque de la 93 in Bogot. Six persons of African descentcollaborated on the experiment. On April 19, all of themvisited two renowned clubs, Gavanna and Gnoveva, makingan audio recording and taking photographs that documentedthe rejection they suffered. One of the people whocollaborated on the experiment recalled that the line to enterthe club stopped moving when the African descent grouparrived.

Article published by El Tiemponewspaper (2008a).

El Tiempo newspaper published an article entitled Soyproducto, quizs, de la coincidencia de la oportunidad conla capacidad: Paula Marcela Moreno. When faced with thequestion have you ever felt discriminated?, the CultureMinister replied: Yes and no. Yes, in terms of seeing thatcertain issues and values are exacerbated by the ethnic issue[]. An example of discrimination is that many people whoapproach me say they like black people [...]. Discriminatoryparameters do exist in collective unconscious.

Article published by El Tiempo

newspaper (2008c).

On March 19, 2009, a news portal calledActualidadtnica.com published a denunciation made by theObservatory on Racial Discrimination (ODR) at Universidadde los Andes regarding the act of racial discriminationagainst Afro-Colombian leader Carlos Rosero by a lawenforcement officer in Bogot. While trying to help anindisposed woman in the public transport system, the policeofficer whom he asked for help said in an unseemly manner,Mind your own business14 and You should win Baloto15to change your skin color.

Article published byActualidadtnica.com (2009).

According to the article published by El Tiempo newspaper,the clubs La Carbonera and QK Yito are obligated tofinancially compensate the sisters Johanna and Lena AcostaRomero, who were denied entry due the color of their skin.The case occurred on December 25, 2004, when the sisters,along with other friends, went out partying at the mostsought-after nightclubs in Cartagena. First, they went to LaCarbonera but the doorman said that the club reserved theright to deny admission. After that, they went to QK Yito,where they were told that everyone could enter, except for

Johanna and Lena Acosta.

Article published by El Tiemponewspaper (2009).

14The original Spanish sentence was no sea sapo. Sapo (toad) is a word widely used in Colombia todescribe nosy people.15Baloto is a popular game of chance in Colombia.
http://www.eltiempo.com/archivo/documento/CMS-4171140http://www.eltiempo.com/archivo/documento/CMS-4171140http://www.eltiempo.com/archivo/documento/CMS-4171140http://www.eltiempo.com/archivo/documento/CMS-4171140http://www.eltiempo.com/archivo/documento/CMS-4171140http://www.eltiempo.com/archivo/documento/CMS-4171140


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Case Source

On September 24, 2009, Caracol Radio published an articletitled Persiste la Discriminacin racial en Colombia (Racialdiscrimination still persists in Colombia) that made publictwo cases of discrimination. The first one involved GiovanniVifara, who said that he could not enter to a club in theZona Rosa area of Bogot due to his skin color. The secondone involved Alix Rodrguez, a native student of San Andrswho said that a teacher who works at her University rejectspeople of African descent. The article also mentions thewords of Jos Mara Gomez, who said that in Transmilenio(one of the public transport systems of Bogot), a workingplace where hundreds of people have found a job,recruitment of black people is almost nonexistent.

Article published by Caracol(2009).

El Universal newspaper published an article entitled LaHazaa de una Guerrera (The Feat of a Warrior). In thatarticle, the Olympic gold medalist and congresswomanMara Isabel Urrutia says that, among other things, she neverfelt discriminated in sport because of her skin color, butadmits that she has faced discrimination in politics becausethere is a power struggle. At times, some colleagues go toofar and they offend you by using your skin color to do so.

Article published by El Universalnewspaper (2009).

El Tiempo newspaper reported the ruling of Criminal CourtJudge No. 7 of Bogot, who condemned Jorge ArmandoTorres Casas, murderer of the teenager Jefferson AlexanderRodrguez Mosquera, to sixteen years and six months ofimprisonment. According to the article, Jefferson met theTorres brothers returning home after not being allowed toenter the school for being late. The Torres brothers began tobother him due to his skin color, attacking him with punchesand kicks, and Jorge Armando Torres stabbed him threetimes, killing him immediately.

Article published by El Tiemponewspaper (2008b).

The author shows the racist actions that occurred since 1995at Universidad del Valle. According to the author, thefollowing forms of racist graffiti appeared in reading spaceslocated in the central library of the university: First, non-conformist racist graffiti that ridicule other graffiti related toself-esteem of black people, using offensive remarks.Second, graffiti that encourage people to hate and rejecteverything about black people. Third, graffiti that preachhatred, ridicule or mockery against black people. Fourth,graffiti that link the black issue to offensive ways. And

fourth, graffiti that animalize the black and mulattopopulation. The appearance of these graffiti coincided withtwo facts: the growth of the Afro-Colombian studentpopulation at Universidad del Valle, specially native studentsof Buenaventura, and one of the worst recessionsexperienced at Cali in the twentieth century. Thiscoincidence could become a racial shutdown (as known inliterature), which occurs when a group believed to be

Palacios (1999).
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Case Source

superior, who has enjoyed some privileges, sees a threat toits position posed by another emerging group in a situationof lack of resources.

The author shows a fact opposed to discrimination, thepublic protest made in 1997 by Afro-Colombianorganizations in Cali. By a leakage of a group of labourlawyers, it was made public that Almacenes xito (a popularbrand of department stores in Colombia) had explicit meansof racial discrimination when recruiting black and mulattoworkers, even if they were highly educated and lived in low-middle social status. Those people were chosen only foroffice cleaning and cooking jobs, and their access tocustomer service jobs was strictly forbidden.

Urrea (2000).

Perception of racial discrimination

Below, the main results of the National Survey on Perception of Racism and RacialDiscrimination, carried out by the National Movement for Human Rights in the Afro-Colombian communities (Cimarrn) in the cities of Bogot, Cali and Cartagena arepresented. The goal of the survey was to research on the perception of discrimination inthose cities and, specially, the perception of discrimination against Afro-Colombianpopulation in several areas. This analysis is important to check whether stylized factspresented earlier are related to discriminatory practices that stem from a racial ideology,thus creating a racially stratified society in Colombia, or if those facts are isolated cases

(see Telles, 2004).

The survey consists of 25 questions grouped into 4 groups: a) Demographic. b)Perception of Racism. c) Actions of Racial Discrimination. d) Racial Discrimination inLabor Market. Because an analysis of the demographic characteristics of the Afro-Colombian population using data from the 2005 Census (divided by departments) will bepresented later on, the analysis on the perception of racial discrimination will focus onthe following questions:

1. Have you ever been a victim or a witness of racist attitudes?2. How were you affected by discrimination behaviors (psychologically, socially,economically, at your work)?3. Where have you been a victim or a witness of racist behaviors or actions? (street,

neighborhood, workplace, public transport, airport, supermarket, hospitals andclinics, malls, restaurants, bars and clubs, parks and recreational areas in theprivate offices, school and / or university, prison stations, elsewhere)?


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4. If you have been a victim or a witness of an action of racial discrimination, didyou report it when it happened?

5. In your opinion, what entities do practice racial discrimination on an ongoingbasis (law enforcement agencies, municipal or local government agencies,

national government institutions, control agencies, public utilities, media[television, radio, press], banks, rental housing agencies, commercial airports andairlines, Colombian Football Federation, private and public universities, privateand public schools, elsewhere)?

6. Do you think that the entrepreneurs tend to pay Afro-Colombian people lowerwages than other people and/or discriminate them?

The analysis applies to the whole sample of the survey: 119 people in the city of Bogot,457 in Cali, and 405 in Cartagena. It is worth noting that this analysis will ignore theresults obtained for the indigenous and no information populations, as the sample for

those populations is not significant.The overall results of the previously discussed questions are presented in Appendix 1 to 7and Figures 1 to 6.4

Have you ever been a victim or a witness of racist attitudes?

According to the information shown in Figure 1, it is possible to find that Afro-Colombian people mostly believe they have been victims or witnesses of racist attitudes,which suggests that Afro-Colombian is the population who has experienced more racial

discrimination. It is worth noting the following: Although the question does not make adistinction between being a victim or a witness, it is an index of greater exposure to thephenomena of discrimination regarding the ethnic/racial status of the respondents.Among the three cities involved in the analysis, Bogot has the highest percentage ofAfro-Colombian population (both men and women) who have experienced racialdiscrimination, compared to non-Afro-Colombians or non-ethnic people. In that city,73% and 75,6% of Afro-Colombian men and women have experienced ethnic-racialdiscrimination. In contrast, Cali has the lowest percentages of Afro-Colombianindividuals who expressed having been victims or witnesses of racist attitudes: 51,3% ofmen and 48,6% of Afro-Colombian men and women, respectively. The results obtainedin Cartagena are located between those from Bogota and Cali.

Chart 1Percentage of Victims or Witnesses of Racist AttitudesBogot, Cali and


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Cartagena

Source: Own calculations based on the question Have you ever been a victim or a witness of racistattitudes? included in the National Survey on Perception of Racism and Racial Discrimination.

It is striking that Bogot has the highest percentages of Afro-Colombian population whoexpressed having been victims or witnesses of racist attitudes and, conversely, the lowestproportion of non-ethnic population who experienced this phenomenon. This couldreflect a greater reluctance to promote and practice the non-discrimination principle inNations capital city, which, in turn, has important symbolic implications for the

remaining areas of the country.

In these cities, people who expressed being victims of racist attitudes (see Appendix 2,Question 4) were particularly affected on the psychological level. In Bogot, 54,05% and57,78% of Afro-Colombian men and women, respectively, were psychologically affectedby actions of discrimination. Conversely, Cali has the lowest percentage of Afro-Colombian population who expressed this feeling: 18,42% and 17,32% of Afro-Colombian men and women, respectively.

According to the results, workplace discrimination comes second in importance. Itseffects are stronger in Cartagena, followed by those of Bogot (although in Bogot, Afro-

Colombian women face the strongest effects of discrimination at workplace) and Cali.Specifically, 22,13% and 15,97% of Afro-Colombian men and women, respectively, inCartagena; 21,62% and 17,78% in Bogot; and 3,95% and 7,26% in Cali.

Social effects of discrimination come third in importance: Afro-Colombian people inCartagena have the highest percentages in this regard, followed by Bogot and Cali.Economic effects come fourth: Again, Afro-Colombian people in Cartagena have thehighest percentages, followed by Bogot and Cali. Finally, physical consequences of


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discrimination come last in importance, having similar percentages: in Cartagena, 5,74%and 1,39% of Afro-Colombian men and women, respectively, expressed sufferingphysical consequences of discrimination.

Where have you been a victim or a witness of racist behaviors or actions?

Appendix 3 reveals the frequencies of the response to the question about the place whereindividuals experience racial discrimination. The frequencies of affirmative responses,with percentages ranging between 46,0% and 8,0% approximately, are related to (indescending order) street, workplace, school and university, neighborhood, publictransportation, restaurants, clubs, police stations, supermarkets and malls, among others.

From the above locations, it is worth mentioning that there is significant percentage ofAfro-Colombian men who expressed having being victims of discrimination at theirworkplace: 32,43% in Bogot and 27,87% in Cartagena. Similarly, 24,44% of Afro-

Colombian women in Bogot and 59,03% in Cartagena expressed having been victims orwitnesses of racist behaviors or actions in their neighborhood.

Despite the low proportion of Afro-Colombian individuals who experienceddiscrimination in several places, it is remarkable that non-ethnic individuals (speciallymen) have not experienced discriminatory actions in such places. Those places includeprisons for non-ethnic women in Bogota and Cali, for non-ethnic men in Cali and forwomen in Cartagena; police stations for non-ethnic men and women in Bogot, and formen in Cali; private and public offices for men in Cali; parks or recreational areas formen in Bogot and Cartagena; restaurants and clubs for women in Bogot; malls for menand women in Bogot, and for men in Cali. This reflects that discrimination against Afro-

Colombians happens in various places, even those where non-ethnic individuals have notexperienced discriminatory actions, neither as victims nor as witnesses.

In the same sense, Chart 2 shows the percentage of people who expressed havingexperienced discrimination in the street, the most common place where discriminatoryactions are reported. 66,22% and 45,95% of Afro-Colombian women and men in Bogot,respectively, reported experiences of racial discrimination in the street. It is important topoint out that the difference between Afro-Colombians and non-ethnics is stronger inBogot than in the other cities. Cartagena comes next in importance, with the samepattern, followed by Cali. It is important to point out that the percentage of women whowere victims or witnesses of racist behaviors at the street was higher than menspercentages in Bogot and Cartagena, while the percentages in Cali are quite theopposite.

Chart 2Percentage of Victims or Witnesses of Racist Attitudes on the StreetBogot, Cali

and


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Cartagena

Source: Own calculations based on the question Where have you been a victim or a witness of racistbehaviors or actions? included in the National Survey on Perception of Racism and RacialDiscrimination.

If you have been a victim or a witness of an act of racial discrimination, did youreport it when it happened?

So far, the perception regarding discriminatory actions, and places where those actionstake place more frequently, have been assessed. In the same sense, it could also beimportant to inquire about the percentage of individuals who report such actions (seeAppendix 4). Chart 3 shows that, overall, people rarely report such discriminatoryactions. However, Afro-Colombian population has a higher percentage of individualswho report discriminatory actions. Most of these actions are reported in Cali, leavingaside racial-ethnic status and gender. Cartagena comes in second place, followed byBogot. It is worth noting that Afro-Colombian women reported a higher proportion ofdiscrimination cases than non-ethnic women in Bogot.


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7Chart 3

Percentage of Victims or Witnesses who Reported Discriminatory Actions inBogot, Cali And Cartagena

Source: Own calculations based on the question If you have been a victim or a witness of anact of racial discrimination, did you report it when it happened? included in the NationalSurvey on Perception of Racism and Racial Discrimination.

In your opinion, what entities do exercise racial discrimination on an ongoing basis?

Appendix 5 shows the perception about the entities where racial discrimination occurs onan ongoing basis. In this regard, Afro-Colombian and non-ethnic people agree thatNational Police and Armed Forces practice racial discrimination to a greater extent andon an ongoing basis.

Chart 4 shows the percentage of people who stated that the National Police practicesdiscrimination permanently: 45,95% and 28,89% of Afro-Colombian men and women,respectively, in Bogot; 48,36% and 24,31% in Cartagena; and 27,63% and 16,20% inCali. It is worth mentioning that, compared to Afro-Colombian women, most non-ethnicwomen in Cali stated that National Police practices discrimination to a greater extent.


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Chart4Percentage of People who believe and do not believe that National Police Exercises

Discrimination in Bogot, Cali And Cartagena

Source: Own calculations based on the question In your opinion, what entities do exercise racialdiscrimination on an ongoing basis?included in the National Survey on Perception of Racism

and Racial Discrimination.

Chart 5 shows the percentage of people who stated that Armed Forces practice racialdiscrimination. Regardless of gender or racial/ethnic status, Cali has the highestpercentage of people who affirmatively answered that question, although Afro-Colombian population, especially men, is overrepresented compared to non-ethnicpeople. Cartagenas percentages come next, where Afro-Colombian men have a slightlyhigher participation than non-ethnic ones. Finally, more non-ethnic men and women inBogot than Afro-Colombian state that Armed Forces practice discrimination.


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Chart 5

Percentage of People who believe that Armed Forces practice Discrimination Bogot, Cali And Cartagena

Source: Own calculations based on the question In your opinion, what entities do exercise racialdiscrimination on an ongoing basis?included in the National Survey on Perception of Racism andRacial Discrimination.

Besides National Police and Armed Forces, there are a number of entities where theresponse rate to this question is far from negligible.

Media are entities where discrimination is widely perceived in Colombia, althoughaccording to these data, there are no significant differences related to ethnic/racial origin;in some cases, non-ethnic people data show a greater perception of discrimination. InBogota, 38,18% of men and 48,44% of women, respectively, reported the existence ofdiscrimination in these entities. In Cartagena, the distribution is similar: 42,11% of menand 47,62% of women. In Cali, discrimination in such places is less perceived than inother cities: 5,80% of women and 12,63% of men.

Racial discrimination is also highly perceived in house renting agencies, with largedifferentials between Afro-Colombian and non-ethnic populations. For example, while27,3% of Afro-Colombian men perceived discrimination in house renting agencies inBogot, non-ethnic men did not perceive it at all; the response rate in this regard forAfro-Colombian and non-ethnic women was 26,67% and 7,69%, respectively. Cartagenashows a similar distribution for Afro-Colombian and non-ethnic men (27,05% and7,50%, respectively), as well as for Afro-Colombian and non-ethnic women (22,92% and


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13,89%, respectively). Cali, in turn, has the lowest perception of discrimination both forAfro-Colombian and non-ethnic men (2,63% and 0,00%, respectively), and for Afro-Colombian and non-ethnic women (2,23% and 10,87%, respectively).

Perception of discrimination in banks was significant, with differences that are far from

negligible between Afro-Colombian and non-ethnic populations. In Bogot, 21,62% ofAfro-Colombian men and 7,14% of non-ethnic reported discrimination in such places,while 20,00% of Afro-Colombian women and 7,69% of non-ethnic reported it in bankslocated in that city. Cartagena shows a similar distribution both for Afro-Colombian andnon-ethnic men (22,13% and 7,50%, respectively) and women (20,83% and 8,33%,respectively) respectively). In Cali, it is worth mentioning that the perception ofdiscrimination in banks is lower for Afro-Colombian population than non-ethnic, both formen (7,89% and 17,39%, respectively), and for women (11,17% and 26,09%,respectively).

Discrimination was also perceived in government institutions, although no significant

differentials were found regarding racial/ethnic status. 15,56% and 21,62% of Afro-Colombian men and women in Bogot, respectively, reported having perceiveddiscrimination in government institutions. Afro-Colombians in Cartagena got similarresults for this question, while Cali has the lowest percentages of people who reporteddiscrimination in those places.

Both public and private schools and universities are places that have significantpercentages of racial discrimination, despite not having the highest response rateconcerning perception of discrimination. It is striking that non-ethnic people have ahigher response rate regarding the existence of racial discrimination in these entities,which could suggest that Afro-Colombian population is reluctant to face thisphenomenon in the educational system. In fact, only 11,7% of Afro-Colombian menreported private or public universities as places where discrimination takes place inBogot, against 26,09% of non-ethnic men who did report them; womens results weresimilar. Bogots results are followed by Cartagenas (18,03% of Afro-Colombian menversus 32,50% of non-ethnic men, and 22,92% of Afro-Colombian women versus27,78% of non-ethnic). In the same way as in previous questions, Cali has the lowerpercentage of responses in this regard, although the trend is the same as in Bogot andCartagena, except for one thing: the Afro-Colombian mens affirmative response rate tothe question is slightly greater than non-ethnics (9,21% versus 8,70%).

Do you think that entrepreneurs tend to pay Afro-Colombian people lower wages

than other people and/or discriminate them?

Appendix 6 and Chart 6 allow to see the results of the question related to the perceptionof discrimination against Afro-Colombian population by the private sector of economy.The results are astonishing: both Afro-Colombian and non-ethnic people think that thereis ethnic discrimination against Afro-Colombian population. In Bogot, 70,27% and66,67% of Afro-Colombian men and women, respectively, believe that there is


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discrimination in the private sector of economy against Afro-Colombian population. It isimportant to note that the proportion of non-ethnic people that report the existence ofdiscrimination against Afro-Colombian population in the private sector of economy islower, although significant: 53,14% and 53,85% for men and women, respectively. Caliscase is curious: when asked for the existence of racial discrimination towards Afro-

Colombian population, the general response increased to the point that surpassesCartagenas affirmative response rate, despite the low response rate shown in previousquestions.

Chart 6Percentage of People Who Believe That Entrepreneurs tend to pay Lower Wages

and/or Discriminate Black or Afro-Colombian People - Bogot, Cali and Cartagena

Source: Own calculations based on the question Do you think that the entrepreneurs tend to pay Afro-Colombian people lower wages and/or discriminate them?included in the National Survey on Perceptionof Racism and Racial Discrimination.

Results of the National Survey on Perception of Racism and Racial Discriminationsupport the previously discussed hypothesis, related to the profound discrimination facedby the Afro-Colombian population. Controlling for ethnicity, race and gender, it wasobserved that Bogot has the highest percentages of Afro-Colombian people who

reported having been victims or witnesses of racist actions. Moreover, racialdiscrimination takes place in many places but it is mostly seen at the street, at workplace,at school, and at college, among others, and even in certain places where non-ethnicpeople do not report such actions. In this regard, Afro-Colombian and non-ethnic peopleagree that the entities where racial discrimination is exercised on an ongoing basis areNational Police and Armed Forces, among others.


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Economic and Social Development and Afro-ColombianPopulation

In the decade of the seventies of the twentieth century, the re-affirmation process ofcultural identities in Colombia started. The process would have finished with thepromulgation of the Political Constitution of 1991, which made possible the recognitionof the Colombian nation as a multiethnic and multilingual country. Thus, indigenouscommunities benefited from a part of the national budget and achieved rights andopportunities for education, healthcare, territories, exploitation of mineral resources, landplanning, and environmental management; they also gained political spaces specified byLaw 60 of 1993, and Decrees 982 of 1999, and 1396 and 1397 of 1996 (DepartamentoAdministrativo Nacional de Estadstica, 2007).

In the specific case of Afro-Colombian population, Article 55 of the PoliticalConstitution of 1991 created suitable conditions for the enactment of Law 70 of 1993.The Law made possible the demarcation and titling of collective territories of blackcommunities, created tools for the protection of their identity as ethnic group, anddeveloped mechanisms for economic and social development (Departamento Nacional dePlaneacin, 2004).

Next, it is presented a diagnosis (in terms of economic and social development) on thesituation faced by Afro-Colombian population compared to the one faced by non-ethnicpopulation. In order to do this, 19 departments and the nations capital city, Bogot, wereselected. These departments share a feature: at least 1% of the Afro-Colombianpopulation of the country lives in each of those departments, except for Putumayo andGuaviare, whose Afro-Colombian population accounts for at least 5% of the populationwho lives in the department. Following this method, the diagnosis includesapproximately 97% of the countrys Afro-Colombian population.

Demographic Concentration of the Afro-Colombian Population

According to 2005 Census data, Colombia has 41.468.384 inhabitants: 50,96% of themare women and 49,04% are men. According to ethnicity, 3,36% of the people in thecountry see themselves as indigenous, 0,01% as Romani, 10,40% as Afro-Colombians,84,16% as non-ethnics and 2,08% as no response (see Appendix 7).

Afro-Colombian population in the national total consists of 4.312.712 inhabitants;75,99% of them live in municipalities, while 24,01% live in rural areas. In order ofimportance, Departments of Valle del Cauca, Cauca, Antioquia, Bolvar, Choc, Nario,Atlntico, Crdoba, Sucre, Magdalena and San Andrs y Providencia are inhabited byapproximately 90% of the countrys Afro-Colombian population. As shown in Map 1, thePacific region has the greatest amount of Afro-Colombian population at the departmentallevel. 73,62% of the people in Choc are Afro-Colombian, followed in order ofimportance by San Andrs y Providencia (56,84%), Valle del Cauca (26,95%), Bolvar


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(27,10%), Cauca (21,66%), Nario (18,06%) and Sucre (15,97%).

Map 1

Percentage of Afro-Colombian Population in each Department

Source: Departamento Administrativo Nacional de Estadstica. General Census, 2005. Retrievedfrom http://www.dane.gov.co.

Sociodemographic Vulnerability and Living Standards of the Afro-

Colombian Population

High levels of fertility are one of the features most often associated withsociodemographic vulnerability, resulting in a younger population structure. This featureis normally linked to a standard level of subsistence living or a low-level equilibrium trap

(Malthus, 1798). According to Rodrguez Vignoli (2000), although overall Latin Americahas advanced in the process of demographic transition, there are still disadvantagedgroups in the transition to fertility, in particular ethnic groups and the poorest population.This has deep implications in the welfare level of the groups involved: households withmore children are less likely to save money, thus diminishing their ability to invest inquantity and quality of education, healthcare, nutrition, basic sanitation, etc. In turn,human capital endowments are closely related to productivity of individuals, and successof productive development alternatives undertaken by a population. Therefore,


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sociodemographic vulnerability would show the presence of greater privations inhouseholds linked to the formation of human and physical capital, and thus, it would havean enormous effect on the freedom to enjoy a decent living standard. A simpler way tosee the sociodemographic vulnerability of the Afro-Colombian population is to analyzethe gaps between that population and non-ethnic population concerning juvenile, senile

and total dependency indices, ratio of children under 5 years old per 1000 women ofchildbearing age and fertility rates (see Table 3).

Contents of Table 3 can be generalized as follows:

For the national total, Afro-Colombian population has the highest indicators inyouth and total dependency, children/women ratio and (higher) fertility rates. Thisplaces Afro-Colombian people in an earlier phase of the demographic transitionprocess, and therefore their sociodemographic vulnerability increases.

In order of importance, the departments of Guajira, Nario, Choc, Cesar andSucre are far behind in their demographic transition process, showing widedifferentials between ethnic/racial groups. For example, the difference in globalfertility rates reaches values above 1 child between Afro-Colombians and non-ethnics in Guajira and Nario, and above 0,5 in Antioquia, Crdoba and Sucre. Itis remarkable that the greatest differentials between Afro-Colombian and non-ethnic people occur in departments that are far behind in their demographictransition process, a fact which could be linked to higher levels of poverty andinequality commonly associated with this type of behaviors (See Livi-Bacci,1995).

Bogot and departments of Cundinamarca, Risaralda, Santander, and San Andrsy Providencia have the most modern reproductive behaviors recorded for theAfro-Colombian population.

Sociodemographic behaviors correlate with living standards of a given population. Inabsence of public policies to ensure equality of opportunities between social groups,those who are far behind in the fertility transition process are characterized by havingworse results in the Unsatisfied Basic Needs Index (hereinafter UBNI) and, therefore,higher illiteracy rates and unjustified absences16. Appendix 8 shows the UBNI byresidential area and ethnic/racial group. Appendix 9 does the same for illiteracy rates.

Charts 7 and 8 show the UBNI by department, broken down by area of residence andethnicity. For the Urban National Total, Afro-Colombians have a poverty/UBN rate 80percentage points higher than non-ethnics; in the rural area, the difference amounts to14,3%. In urban areas of almost all departments (except for Cesar and Guajira), thepoverty/UBNI rate is higher for Afro-Colombians than for non-ethnics. Afro-Colombians

16 The Index of Unsatisfied Basic Needs (UBNI) is the most used measure of poverty in Colombia. It couldbe considered as an indicator that captures the provision of public services provided by the State. Inaddition, it refers to an absolutist view on poverty, as opposed to a relative one.


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living in the departments of Nario and Choc have the highest poverty/UBNI rate in theurban area, with considerable differences between them and non-ethnics. In thedepartment of Nario, the proportion of Afro-Colombian population living in povertynearly triples that of non-ethnic population; other departments having high ethnic/racialgaps in poverty rates (above the national average) are Cauca and Valle del Cauca. In the

rural areas of those departments, the poverty/UBNI rates are notoriously higher thanthose in urban areas (except for departments of Choc and Guaviare), but there are lowerdifferentials between Afro-Colombians and non-ethnics. In 10 of the 19 departmentsanalyzed, Afro-Colombians have lower poverty rates than non-ethnics.

Table 3Basic Sociodemographic Indicators

Departments

Youth dependency Senile dependency Total dependency

Ratio of childrenunder 5 years old per

1000 women ofchildbearing age

Fertility rate

Afro-C.

Non-ethnic

Afro-C.

Non-ethnic

Afro-C.

Non-ethnic

Afro-C.

Non-ethnic

Afro-C.

Non-ethnic

Antioquia 0,56 0,44 0,11 0,15 0,67 0,58 359,55 254,7 2,87 2,17

Atlntico 0,47 0,47 0,13 0,13 0,6 0,60 307,87 303,97 2,6 2,34

Bogot 0,33 0,4 0,07 0,12 0,39 0,52 209,62 233,19 2,17 1,99

Bolvar 0,54 0,56 0,12 0,13 0,66 0,69 351,13 372,52 2,97 2,66

Cauca 0,59 0,48 0,15 0,17 0,74 0,64 382,58 294,64 2,71 2,41

Cesar 0,62 0,62 0,12 0,12 0,74 0,73 428,79 405,78 3,75 3,06

Choc 0,63 0,49 0,14 0,12 0,77 0,61 457,54 425,87 3,93 3,52

Crdoba 0,6 0,58 0,14 0,14 0,74 0,71 394,88 376,13 3,33 2,87

Cundinamarca 0,45 0,5 0,17 0,16 0,62 0,66 258,57 300,17 2,55 2,58

Guaviare 0,5 0,68 0,08 0,08 0,57 0,76 372,55 498,06 3,28 3,04

Guajira 0,76 0,61 0,09 0,10 0,86 0,71 685,13 420,88 3,58 2,26

Magdalena 0,59 0,61 0,13 0,13 0,72 0,74 417,29 427,72 3,52 3,08

Nario 0,7 0,47 0,11 0,16 0,81 0,63 588,49 288 4,02 2,24

Putumayo 0,55 0,54 0,1 0,11 0,65 0,65 384,28 426,38 3,56 3,23

Risaralda 0,42 0,43 0,13 0,16 0,55 0,59 233,68 241,66 2,39 2,18

San Andrs 0,5 0,44 0,12 0,09 0,62 0,53 320,04 286,44 2,13 2,2

Santander 0,43 0,46 0,13 0,15 0,57 0,61 257,25 272,29 2,71 2,37Sucre 0,62 0,56 0,14 0,14 0,76 0,7 412,09 354,8 3,47 2,86

Valle delCauca

0,50 0,42 0,12 0,16 0,62 0,58 294,3 240,34 2,37 1,96

National total 0,55 0,47 0,12 0,14 0,67 0,62 359,8 287,78 2,85 2,37

Source: Own calculations based on data from the 2005 Census.4


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Chart 7Unsatisfied Basic Needs Index (UBNI)Municipal

Source: Own calculations based on data from the 2005 Census.

Chart 8

Unsatisfied Basic Needs (UBNI)Remainder


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Source: Own calculations based on data from the 2005 Census.

Education, health and nourishment for the Afro-Colombian Population

Education and healthcare are important development goals. The Human DevelopmentIndex (hereinafter HDI) is based on a measure of living standard, and two non-monetaryfactors: life expectancy and knowledge. Although life expectancy is an indicator ofquantity of life, it could also reflect the quality of life or health status experienced byindividuals during their lives. In turn, knowledge is assessed through literacy rates.

The complementarity between education and health lies in the following:

A better health status can improve the profitability of investments in education. Heath is important in school attending. Healthy children are more successful in school, and they also learn in a more

efficient way. Deaths of school-age children increase the cost of education per capita. A greater life expectancy increases the yield potential for investments in

education. Healthier people are in a better position to productively use the education they

receive.

The following is an analysis on human capital indicators for Afro-Colombian population,always compared to non-ethnic population.

Education

Linked to higher rates of poverty, illiteracy rates in all age groups and area of residence(with limited exceptions) are higher for Afro-Colombian population than those of non-ethnic population, as seen in Charts 9 and 10, and Appendix 9.

Afro-Colombian children between 6 and 11 years old have markedly higher illiteracyrates in urban areas. Departments of Nario and Choc have the highest percentage of

people who cannot read and write at an early age, and the greatest gaps between Afro-Colombians and non-ethnics. Furthermore, differentials are far from negligible inAntioquia, Bogot, Cauca, Guaviare, Putumayo and Valle del Cauca.

In rural areas, a higher illiteracy rate for Afro-Colombian population prevails, but thedifferentials are more moderate

Documents

Annual Report State of Human Rights of the Afro-Colombian Population 2010