CAPREE Meeting: Officials from the US and Colombia Reiterate Importance of Ethnic Groups’ Participation in Peace Negotiations to Achieve a Sustainable Peace

CAPREE Meeting: Officials from the US and Colombia Reiterate Importance of Ethnic Groups’ Participation in Peace Negotiations to Achieve a Sustainable Peace

Bogota, April 19, 2016 On April 7 and 8 the first plenary session for civil society of the US-Colombia Action Plan on Racial and Ethnic Equality (CAPREE) was held in Cali, Colombia. Pedro L. Cortes-Ruiz, the Institute’s representative in Colombia, participated in the meeting as part of the delegation of civil society organizations from the United States. Nearly 200 indigenous and Afro-Colombian organizations from Colombia participated, as well as representatives from the US Embassy, USAID and officials from Colombia’s Interior Ministry.

CAPREE is a joint plan agreed to by both governments in 2010 whose objective is to share experiences and implement programs that help overcome obstacles in order to achieve full inclusion for Afro-descendants and indigenous peoples in both countries. The meeting in Cali was the first meeting since the Plan has begun.

In both the opening and closing remarks, representatives from the Colombian and US governments underscored ethnic groups’ participation in the peace process as vital to a sustainable peace. Juan Fernando Cristo, Colombian Minister of the Interior, affirmed in his remarks that in the following days an official announcement would be made regarding the delegation of Afro-Colombian and indigenous that will go to Havana. Carmen Inés Vásquez, the Vice-Minister for Participation and Equal Rights, reiterated the announcement during the closing remarks.

Kevin Whitaker, US Ambassador to Colombia, affirmed that priority will continue to be given to issues related to racial discrimination in US post-conflict programs. During closing remarks, US Assistant Under Secretary for Western Hemisphere Affairs Alex Lee reiterated this commitment and affirmed the importance of the participation of ethnic organizations such as the National Afro-Colombian Peace Council (Consejo Nacional de Paz Afrocolombiano, CONPA) and the Ethnic Commission for Peace and Territorial Rights (Comisión Étnica para la Paz y los Derechos Territoriales).

The Institute on Race, Equality and Human Rights recognizes the importance of these political declarations in the context of the CAPREE meeting. In preparation for the meeting, together with the Washington Office on Latin America, the Institute sent a letter to the US State Department expressing concern that CAPREE, one of the principle instruments for bilateral cooperation to eliminate racial discrimination, had not included as a priority the principal problem affecting millions of Afro-Colombians: the impact of the armed conflict on ethnic groups and the vulnerability of these communities in the post-accord context.

The support that CAPREE can continue to provide to strengthen the participation of ethnic communities in peace-building will be of great importance. In the short term, this support will be conditioned by how well the commitment expressed by US and Colombian authorities is translated into concrete actions.

During the meeting, Colombian ethnic organizations were able to make constructive assessments of CAPREE initiatives as well as provide proposals for the future. At the same time, organizations from the US also provided their perspectives and proposals. For its part, the Institute on Race, Equality and Human Rights publicly insisted that CAPREE should prioritize initiatives that support the participation of ethnic communities in the peace process.

Latest UN Report Reiterates the Benefits of the Participation of Ethnic Communities in the Peace Process

Bogota, March 23, 2016. Led by its Colombian Representative, Todd Howland, the Office of the UN High  Commissioner for Human Rights held a press conference to present its 2015 Annual Report. Ayda Quilcue from the Cauca Regional Indigenous Council and Francia Marquez from the Ethnic Commission for Peace and the Black Women’s Mobilization to Care for Life and Ancestral Land in the Cauca Valley were invited to attend the event and offer an appraisal of the human rights situation in their communities.

The conditions of the ethnic communities are a central topic of the analysis and recommendations of the report. Even in the general context of a de-escalation of the armed conflict, the systematic violation of these communities’ human rights has continued. Even more worrisome is the report’s conclusions that project a high level of vulnerability for ethnic communities in the post-accord scenario. The cessation of military confrontation in regions populated by ethnic communities will not necessarily end ongoing conflicts for territorial control involving armed groups associated with drug trafficking and illegal mining. Moreover, the accords reached to date,  that will significantly affect these regions have not adequately incorporated specific measures to safeguard ethnic communities’ constitutional rights.

Regarding this possible post-accord scenario, the UN High Commissioner for Human Rights made the following recommendation:

To urge the parties in Havana to take the opportunity to converse with indigenous peoples and Afro-Colombians in order to assure that the peace accords and their implementation maximize the enjoyment of their collective and individual rights. The final accord should include specific reference to the commitment of the negotiating parties to guarantee respect for the internationally and constitutionally recognized rights of indigenous peoples and Afro-Colombians in all aspects of its implementation.

The analysis and recommendations by the United Nations add to those already made by the UN Committee for the Elimination of Racial Discrimination, which have reflected the autonomous proposals presented by organizations associated with the Ethnic Commission for Peace and Territorial Rights. The Institute on Race, Equality and Human Rights joins the voices of these organizations in proclaiming it necessary and urgent that the Colombian government and the FARC guerillas welcome a delegation of the Commission’s representatives.

Colombia’s Ethnic Commission for Peace and the Defense of Territorial Rights Visits Washington, D.C.

On March 18th and 19th, representatives of Colombia’s newly formed Ethnic Commission for Peace and the Defense of Territorial Rights visited Washington, D.C. to meet with policymakers, human rights advocates and the media. The activists sought to promote the inclusion of Afro-Colombians and indigenous peoples in both the peace negotiations taking place in Havana, Cuba and the implementation of the forthcoming peace accords. Prior to the advocates’ arrival in Washington, the Ethnic Commission’s formation was officially announced on March 7th, in Bogota, Colombia. It represents the joining of two umbrella organizations, the National Indigenous Organization of Colombia (ONIC) and the National Afro-Colombian Peace Council (CONPA), that together represent hundreds of grassroots groups throughout Colombia.

The leaders came together to speak to the public about the peace process and Colombia’s ethnic groups, and to talk about the Commission’s agenda in Washington, Havana and Colombia.

Representing the National Indigenous Organization of Colombia, Arelis Uriana said that the United States and other countries that provide financial assistance to Colombia must demand that the Colombian government include the ethnic communities’ voices in the peace process. Uriana said that indigenous and Afro-Colombians should guide the process of implementation in their own territories because it is they who possess the knowledge needed to create a lasting peace. Uriana also underlined the importance of making the voices of Afro-Colombian and indigenous women’s voices heard. “It is women who have known the true pain of war,” Uriana said.

On behalf of CONPA and the Black Communities Process, Carlos Rocero explained the size of the challenge facing Afro-Colombians and indigenous peoples, noting that together they held 38% of Colombia’s land and represented 12.5% of the population. Rocero said that the number of Afro-descendant and indigenous victims in the armed conflict reached not into the thousands, but into the millions. Rocero spoke of Commission’s apprehensions about the peace process, including fears about the lack of adequate formal mechanisms to ensure a differential approach for Afro-Colombians and indigenous peoples, as well concerns about the primacy of a focus on individual victims rather than on the collective damage caused by the war. To address these concerns, he highlighted three concrete proposals put forth by the Commission: the addition to the peace accords of principles of interpretation and implementation for ethnic groups, concrete proposals as to the accords’ implementation and the creation of safeguards to protect the established rights of Afro-Colombians and indigenous peoples.

Marino Cordoba of CONPA and the National Association for Internally Displaced Afro-Colombians (AFRODES) spoke of CONPA’s broad coalition of nine national networks that group together hundreds of grassroots organizations as a demonstration of the Commission’s unquestionable legitimacy. Cordoba told of the advocacy efforts made by CONPA and the Commission, including the message he personally delivered to President Juan Manuel Santos during President Santos’ most recent visit to the US: that Colombia’s ethnic communities must be invited to Havana to make their voices heard. Cordoba reiterated the importance of finding partners in the international community and spoke of the important alliances built in support of the Commission’s cause, including fruitful discussions and partnerships with the US Embassy in Colombia, the US Agency for International Development, the US Congressional Black Caucus, the US Special Envoy to Colombia and the international development organization ACDI-VOCA.

Facing the difficult challenge of gaining meaningful participation in the peace process, the Commission’s members reiterated the importance of international solidarity with their cause and gave a positive evaluation of the progress made on their US visit, promising to keep up their work upon returning to Colombia. “We will keep on until we are included. Will not grow tired,” Cordoba said.

The International Institute on Race, Equality and Human rights strongly supports the work of the Ethnic Commission and fully agrees with the most recent statements by the UN Committee for the Elimination of Racial Discrimination in its concluding observations following its periodic review of Colombia, in which it recommends that the Colombian government guarantee that Afro-Colombians and indigenous are appropriately consulted during the peace negotiations and that their legitimate interests are taken into account.

Press Conference Introducing the Ethnic Commission for Peace and the Defense of Territorial Rights

Bogota, March 9, 2016. The National Afro-Colombian Peace Council (Consejo Nacional de Paz Afrocolombiano, CONPA) and the Colombian National Indigenous Organization (Organización Nacional Indígena de Colombia, ONIC) held a press conference to publicly introduce the Ethnic Commission for Peace and the Defense of Territorial Rights (Comisión Étnica para la Paz y la Defensa de los Derechos Territoriales). The event was attended by diplomatic personnel, development agency staff and representatives from the United Nations, including Todd Howland from Colombian Office of the UN High Commissioner for Human Rights.

The primary objective of the Commission is to develop actions to protect the rights of Afro-Colombians and indigenous communities during both the peace negotiations between the Colombian government and the FARC-EP, and in the implementation of the peace accords that will put and end to the Colombian armed conflict.

Pedro Cortes Ruiz, Colombian Consultant for the Institute on Race, Equality and Human Rights, participated in a two-day conference in preparation for the launch of the Commission. The following are some ideas and analysis from those two days:

Why create the Commission? The Commission is an autonomous response by Colombia’s ethnic communities to their exclusion from the dialogue process between the government and the FARC-EP, despite their repeated requests for inclusion made to the peace negotiators as well to the government and the FARC-EP, separately. These requests have been made based on a solid analysis that demonstrates the importance of including these communities in the peace process as a means to guaranteeing a sustainable, stable and lasting peace. Not only have ethnic communities been the groups most affected by the conflict (making up over 30% of all victims), the implementation of the accords will largely take place in their territories.

What is the Commission asking for? In the short term, to be invited in the coming weeks by the peace negotiators to present their analysis and proposals. The ethnic organizations have supported the peace process, but they have become aware that the accords reached at this time do not adequately incorporate critical elements that will guarantee the rights they have achieved—rights recognized in national and international law. The Commission doesn’t seek to “renegotiate” what has already been agreed. It proposes the inclusion of clauses that explicitly protect the rights of the communities they represent. Without these clauses, the implementation of many aspects of the accords, for example the creation of peasant reserve areas, land funds, electoral “peace” districts, amongst others, could further threaten the rights of Colombia’s ethnic communities.

The Relevance of the Commission in Protecting the Rights of Ethnic Communities. The Commission strengthens a necessary condition for protecting the rights of ethnic communities: the existence of a broad, unified social movement with the capacity make its influence felt. An alliance between indigenous peoples and Afro-Colombians is a bond that has been sought throughout Colombia’s history, and this union is now being revitalized. Moreover, the Commission responds to an important recommendation made by the UN Committee for the Elimination of Racial Discrimination in its concluding observations to the periodic review of Colombia in August 2015, when it indicated the need for the inclusion Colombia’s ethnic communities in the peace process.

The Committee is Not a Just a Cheering Committee: Interview with Pastor Murillo

Carlos Quesada and Dominic Procopio of the Institute on Race, Equality and Human Rights traveled to Bogota, Colombia during the second week of November in order to meet with our Colombian partners. While in Bogota we had the pleasure of speaking with Pastor Elías Murillo Martínez, Independent Expert on the United Nations Committee on the Elimination of Racial Discrimination (CERD) for the last eight years.

As the first year of the the UN-declared International Decade for the People of African Descent (2015-2025) comes to a close, the Institute wanted to take advantage of the opportunity to speak with the person responsible for launching this important initiative. During the Decade it is hoped that national governments will dedicate special attention to the human rights of Afro-descendant communities. Its three primary courses of action will address the issues of Recognition, Justice and Development.

Considering that the 50th anniversary of the establishment of the International Convention on the Elimination of All Forms of Racial Discrimination (ICERD) will be celebrated on December 21, 2015, we at the Institute felt it was an opportune time to highlight the Committee’s important work.

In preparation for upcoming research work on the impact of the Convention and the Committee in Latin America, we interviewed Mr. Murillo about his work with CERD in general, CERD’s work in Latin America more specifically, and the relationship of the Committee with governments and civil society in the region.

Could you tell us a little about your educational background and your work before you became an Independent Expert of the Committee for the Elimination of Racial Discrimination?

I am an attorney specializing in environmental rights and the analysis of social problems with a human rights focus. I became involved at a very young age in the fight against racism and racial discrimination, perhaps inspired by the particular situation of my hometown, Andagoya [Chocó, Colombia]. In Andagoya there were schools for whites and schools for blacks, public pools for whites and pools for blacks. It was in this context that I grew up.

Later, after having finished law school, I had the opportunity to take part in the drafting of Law 70 in 1993, the law establishing the rights of black communities, as well as to contribute in other areas related to the Afro-Colombian population as Director of Black Community Affairs in the Colombian Interior Ministry, where I was in charge of public policy toward Afro-Colombians.

I was elected to CERD for the period between 2008-2012, reelected for 2012-2016, and now recently elected for a third term, from 2016-2020.

In your capacity as as CERD Independent Expert you have worked as Rapporteur for several countries. For which countries have you served as Rapporteur?

I have been Rapporteur for Suriname, Guatemala, Mexico, El Salvador, Honduras, Cuba, the Dominican Republic, Peru and Costa Rica, amongst others.

Speaking of the work of the Committee. From your point of view, what are some of the greatest challenges facing the Committee in its work against racial discrimination?

Sadly, the phenomena of racism and racial discrimination are universal, latent and ongoing in all parts of the world. And while it may take different forms or shapes in one country or the other, in the end it remains racism, racial discrimination, xenophobia or other connected forms of intolerance.

At this time at the global level, I would say that there are two or three phenomena that are especially worrying to the international community and, in particular, to the Committee. One involves the political use of xenophobia, particularly by parties of the extreme right that use hate and the rejection of foreigners as a weapon to gain political advantages in their respective countries. This is a highly dangerous situation that requires our full energy to combat. Another area is the use of racial profiling in the United States and in Latin America. Without a doubt this is an especially worrisome situation, not only for the US but for the entirety of the international community. With regard to the Committee, we have been able to verify the phenomenon in the complaints we have received of the practice.

And of course the problems of structural racism and racial discrimination faced by the indigenous and Afro-descendant populations of the Americas always take a central place in the work of the Committee, as does the situation of the Roma people in Europe.

Continuing on the topic of racial profiling, which is a serious problem in many countries in Latin America, what are the Committee’s thoughts on this situation in the region, and what work is the Committee doing on racial profiling.

The most powerful complaints currently come from Panama. The United Nations Working Group of Experts on Persons of African Descent on its most recent visit in locu to Panama was able to verify and discuss this practice. And it is not without reason that the United Nations High Commission on Human Rights in Panama—the regional office for Panama and Central America—has created a guide for documenting racial profiling occurrences. It is an interesting tool that I think will have an important use.

In Brazil, on the other hand, one must take into account the widespread violence affecting the population, in particular the youth. It is known that 77 of every 100 murders of young people in Brazil are committed against Afro-descendant youth. This is an indicator of the structural racial discrimination that affects all countries in Latin America.

In Colombia the topic has recently emerged after a surprised passerby caught the forceful and emblematic reaction by an Afro-Colombian citizen, Mr. Carlos Angulo, who, in the middle of the street, became upset at being a victim of racial profiling.

You have mentioned some of the major obstacles faced by the Committee in its work against racism and racial discrimination. Can you tell us some of the Committee’s recent achievements?

I believe that the Committee has been a pioneer in the process of getting the issue of Afro-descendants on the agendas of national governments and on the global agenda, especially through the Committee’s periodic systematic requirements for the States parties and by the support the Committee has shown other multilateral bodies that work on Afro-descendant issues. The work of the Committee has meant that Afro-descendants increasingly occupy a more prominent place in the national political agendas throughout the region, as well as in the agendas of the UN, the Organization of the American States (OAS), and the Community of Latin American and Caribbean States (CELAC).   

It was in the Committee that I had the opportunity to develop the idea for the International Decade of People of African Descent, and idea that came about after the declaration of the International Year of People of African Descent (2011) that was proclaimed by the UN General Assembly. The International Decade was the outcome of a joint effort by many countries, including South Africa, Brazil and Colombia, to name only a few. And it was in the Committee that I was able to to first propose the initiative and where I received such important support.

It’s also important to mention the Committee’s work with the Early Warning and Urgent Action mechanisms. Monitoring these situations helps to anticipate situations that could devolve into much worse matters. We should remember that during the 90s, for example, the majority of armed conflicts in the world had their origins in religious or ethnic conflicts or in the confluence of of religious and ethnic issues.

You mentioned the International Decade for People of African Descent. Can you tell us a bit more about what the Committee has planned for the Decade?

Through its Action Plan for the Afro-descendant Decade the Committee has drawn up a general declaration on racial discrimination against Afro-descendants that recommended a host of actions. For example, it invites the specialized organizations of the UN and other institutions such as the World Bank to incorporate a differentiated approach toward Afro-descendant issues in their annual reports.

Specific objectives of the Decade include promoting the respect, protection and the fulfillment of the fundamental rights and freedoms of Afro-descendants, as well as promoting greater understanding and respect for diversity, the cultural heritage of Afro-descendants and their contributions to the development of the societies of which they are a part. Other objectives include strengthening national, regional and international legal frameworks to conform to the Durban Declaration and Plan of Action and the International Convention on the Elimination of All Forms of Racial Discrimination in order to insure their full and effective application.

In regards to activities programmed throughout the Decade, the Committee will work with the States parties so that they can adopt concrete measures by approving and effectively applying national and international legal frameworks as well as developing policies and programs to combat racism, racial discrimination, xenophobia and connected forms of intolerance, with a special emphasis in the areas of recognition, justice, development and aggravated forms of discrimination.

You mentioned some of the different actions the Committee promotes within other UN institutions. Can you tell us a little about the Committee’s work with civil society and where civil society organizations fit into the work of the Committee?

It is a very important role. It is part of the Committee’s work to designate times for official dialogue with civil society before the examination of the State party. This permits the Committee members and the Committee as a whole to gain another perspective on the report submitted by the State party and the studies conducted by the Committee members themselves. More and more we are seeing a larger presence and greater participation by Afro-descendant organizations, and this has allowed the Committee to have a much more balanced understanding of the reality of racism and racial discrimination in the countries we monitor.

In what ways could civil society strengthen its work with CERD? How can we increase our participation in the Committee’s work?

There are many ways! The Committee will always welcome a broader and more active roll for civil society in its different activities. Greater participation is vital and would always be welcomed, because in in order to combat racism and racial discrimination social mobilization is needed, and this depends on civil society.

The Committee also welcomes civil society’s participation through the production of alternative reports. It is the Committee’s hope that these reports continue to become more focused and systematic. I personally value the work of international human rights organizations that have increasingly leant their support to Afro-descendant organizations in preparing alternative reports and traveling to Geneva for the periodic examinations of their respective countries.

Another important contribution of civil society is in cases of individual complaints which serve to activate Early Warning and Urgent Action mechanisms.

In all of these ways civil society helps the Committee to be vigilant, active and productive in making sure the Committee’s recommendations are carried out.

Conversely, could you give us your perspective on the relationship between the Committee and the governments in Latin America?

The Committee maintains a positive and constructive relationship with the States parties. And for their part, the States parties come to the Committee in good faith, with of course some exceptions. Nevertheless, the Committee is not a just a cheerleading committee. It’s a committee that examines in depth the country’s situation, and of course this can cause some tension.

For example, we examined Costa Rica in August of 2015, stemming from Costa Rican civil society’s demand that a book called Cocorí, which presents a story of a black boy who is compared to a monkey, be removed from the public school curriculum, which of course was a completely reasonable demand. Before that we had examined and recommended the removal from Peruvian television the program “La Paisana Jacinta,” which presented a denigrating and inequitable picture of the indigenous community of Peru. Obviously these matters create tensions within the country which are transferred to the examinations done by the Committee. The Committee’s examination of the Dominican Republic was also very complicated, due to the situation of statelessness faced by over 200 thousand people of Haitian descent.

In closing, let’s talk about what the future brings. What does CERD have planned for 2016?

On November 26th, during the Committee’s sessions we plan to hold a number of fora and activities to commemorate the 50th anniversary of the International Convention on the Elimination of Racial Discrimination, and we are hoping that this gives a renewed push to the Committee’s work against racism and racial discrimination. It is worth remembering that the Convention was adopted in 1965, during a time when the fight against colonialism, apartheid and racial segregation was at its peak.

In regards to the International Decade on the People of African Descent, we will work with both civil society and the States parties to fulfill the Plan of Action and Program of Activities that we have prepared.

To see the video celebrating the 50th anniversary of the Convention, click on the link below

https://www.youtube.com/watch?v=EOgTRGjjKNE&feature=youtu.be 

Committee Against Racial Discrimination Recommends Participation of Afro-Colombians in Peace Negotiations

The UN committee tasked with monitoring the International Convention Against All Forms of Racial Discrimination (CERD) expressed its concern over the lack of participation of Afro-Colombians and indigenous peoples in the peace negotiations and recommended to the Colombian government that they be included. On the 4th and 5th of August, in Geneva, the Committee made these recommendations in its final observations and recommendations to the Colombian government in the Committee’s review of 15th and 16th periodic reports, whose conclusions and recommendations were recently published.

Members of civil society, including Charo Mina Rojas from the Proceso de las Comunidades Negras [Process of Black Communities] (PCN), came in representation of Afro-Colombian and international organizations to be present at the proceedings and, alongside members of indigenous Colombian organizations, presented a report underscoring Colombian civil society’s concern over structural discrimination against Afro-Colombians.

The Committee emphasized that “the armed conflict continues to disproportionately affect indigenous peoples and Afro-Colombians owing to, amongst other factors, the militarization of their land, the high incidence of sexual abuse suffered by indigenous and Afro-Colombian women, the use of children in by armed non-state actors…” Moreover, the Committee manifested its concern that “the peace negotiations lack effective participation by indigenous peoples and Afro-Colombians.

Amongst its recommendations, the Committee requested that the Colombian government “guarantee that indigenous peoples and Afro-Colombians, including women, are consulted during the peace negotiations so that process of truth, justice and reparations will effectively take into account their legitimate interests.”

“This just reaffirms what we Afro-Colombians have been seeking for over a year, since the creation of Afro-Colombian National Committee for Peace (CONPA),” said Marino Córdoba, President of the Asociación Nacional de Afrocolombianos Desplazados [National Association of Displaced Afro-Colombians] (AFRODES). Córdoba also added, “The CERD recommendation gives our request international legitimacy. Now we hope that the Colombian government complies with the recommendation, includes us in the peace negotiations, and creates a working group that will take into account proposals by ethnic groups.”

Before presenting their conclusions, the Colombian civil society delegation along with Carlos Quesada, Executive Director of the Institute for Race, Equality and Human Rights, met with the UN Special Rapporteur for Colombia, the Independent Expert Carlos Vázquez, to update the Rapporteur on their main concerns and present their recommendations directly to him.

Charo Mina Rojas concluded that “We are very satisfied with how the Committee has received our primary points of concern during our meeting and for the fact that they included many of our recommendations in their final observations.

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