81
integrity of these peoples. Thus, this Convention provides that "[g]overnments shall have the
responsibility for developing, with the participation of the peoples concerned, coordinated and systematic
action to protect the rights of these peoples and to guarantee respect for their integrity...", action which
shall include measures for "promoting the full realization of the social, economic and cultural rights of
these peoples with respect for their social and cultural identity, their customs and traditions and their
institutions;" (Article 2); that "[s]pecial measures shall be adopted as appropriate for safeguarding the
persons, institutions, property, labor, cultures and environment of the peoples concerned..." (Article 4);
that in applying the provisions of this Convention "the social, cultural, religious and spiritual values and
practices of these peoples shall be recognised, and due account shall be taken of the nature of the
problems which face them both as groups and as individuals" and also "the integrity of the values,
practices and institutions of these people shall be respected" (Article 5); and that "[t]hese peoples shall
have the right to retain their own customs and institutions, where these are not incompatible with
fundamental rights defined by the national legal system and with internationally recognised human rights.
Procedures shall be established, whenever necessary, to resolve conflicts which may arise in the
application of this principle." (Article 8.2).
367.
The Constitutional Court of Colombia, for its part, has stressed that the international
community has recognized ethnic groups as distinguishable collectives, especially since the Indigenous
and Tribal Peoples Convention, ILO 169, "in terms of its provisions permit the clear assertion of the right
of Afro-Colombian communities to be accepted as 'peoples', attending the social, cultural and economic
conditions which distinguish them form other sectors of the national collective, coupled with being
394
governed by their customs and traditions, and count on their own laws [...]".
The Constitutional Court
has also recognized the state of historical marginalization and segregation facing Afro-Colombians, and
has emphasized the need to adopt positive differentiation measures, which will serve their special
conditions of vulnerability and defenselessness, and, through preferential treatment, will tend to ensure
the effective enjoyment of their rights, which the Afro-Colombians must enjoy not only as individuals but
395
as communities to which they belong.
368.
Thus, in the light of applicable international law fully recognized by Colombian domestic
law, the Afro-Colombians have the fundamental right not be victims of discrimination because of their
racial or ethnic origin, and the State of Colombia must abstain from committing racially discriminatory
acts, must prohibit the commission of discriminatory acts and must adopt positive measures to combat
discrimination.
369.
The United Nations Guiding Principles of Internal Displacement --which apply regardless
396
of race, color, or any other kind, national, ethnic or social origin, or other similar criterion-- inter alia
prohibit arbitrary displacements, including those undertaken with the object or result either of a change in
397
ethnic or racial make-up of the population concerned; and establish the specific obligation of the States
to take protective measures against the displacement of minorities or other groups living through an
398
especial dependency with their land or a particular attachment to it.
394
Annex 1. Constitutional Court. Judgment T-995/2003 of October 17, 2003, p. 76. Annex 15 to the petitioners’
allegations on the merits received on March 10, 2008.
395
Annex
21.
Constitutional
Court
Judgment
T-025/04
of
January
22,
2004.
At:
http://www.corteconstitucional.gov.co/relatoria/2004/t-025-04.htm. Cf. Annex 62. Order 005-2009. Protection of fundamental rights
of the Afro-descendant population victims of forced displacement, in the framework of the unconstitutional state of affairs declared in
Judgment T-025 of 2004. See: http://www.corteconstitucional.gov.co/relatoria/Autos/2009/A005-09.htm.
396
Annex 90. UN Guiding Principles on Internal Displacement, E/CN.4/ 1998/53/Add.2 of February 11, 1998. Principle 4.
At: http://www.un-documents.net/gpid.htm.
397
Annex 90. UN Guiding Principles on Internal Displacement, E/CN.4/ 1998/53/Add.2 of February 11, 1998. Principle 6.
At: http://www.un-documents.net/gpid.htm.
398
Annex 90. UN Guiding Principles on Internal Displacement, E/CN.4/ 1998/53/Add.2 of February 11, 1998. Principle 9.
At: http://www.un-documents.net/gpid.htm.