In the United States, we have a history of not enforcing laws that would protect historically marginalized people.  Legal victories often illustrate the beginning of larger cultural changes that will hopefully ensure equal protection and access under the law.  We are not unique.  In Colombia, South America today, millions of people, disproportionately Afro-descendant and Indigenous, are waiting for their full and equal rights.  Civil rights victories for our sisters and brothers of Afro-descent in Colombia culminated in the 1990’s with a new Constitution and complementary laws.  These instruments were created to legally protect Afro-Colombians from discrimination as well as grant social, political, cultural and territorial protection. 

Despite these advances, a report issued this week from the United Nations Independent Expert on Minority Issues, Ms. Gay McDougall, brought attention to the work that still must be done.  Following an official mission to the country, Ms. McDougall acknowledged the importance of Colombia’s “impressive and commendable legislative framework that recognizes many rights of Afro-Colombians.”  In spite of these advances, however, Ms. McDougall concluded displacement and violence continue to be enormous problems due to insecurity, discrimination and development priorities.  Ms. McDougall consistently heard “that the implementation of Colombia’s legislation on Afro-Colombian communities remains woefully inadequate, limited and sporadic.” 

Afro-Colombians conservatively make up 26% of Colombia’s population.  These communities have historically lived on the Pacific and Atlantic Coasts, as well as in cities throughout the interior.  Afro-Colombians live in some of the most eco-diverse parts of Colombia, making their land a priority for developers and armed groups alike.  Ms. McDougall’s findings called attention to the extent to which Afro-Colombians have been affected and displaced by megaprojects.  These projects are defined as “large-scale economic operations, often involving national and multinational companies” and are often promoted as a positive means to economic development of Colombia.  Many of the communities interviewed regarded such projects as violations of their constitutionally-protected land rights and expressed concerns about the grave environmental impact of such development.   

The recommendations made by Ms. McDougall ring painfully true and close to my heart.  I have heard similar stories of displacement, development, intimidation, violence and racism in my own work in Colombia.  These are not unnecessary unreasonable demands.  Access to and preservation of land, social, cultural and political rights, as well as basic governmental social services remain fragile for Afro-Colombians.

In further disappointing news, we are concerned that President Obama may be giving signals that he expects fast passage of the Colombia Free Trade Agreement.  The FTA with Colombia has been stalled in Congress due to Colombia’s history of unstable labor, its human rights practices, and candidate Obama’s opposition to it.   However, in the 2010 State of the Union Address, President Obama declared a National Export Initiative to double U.S. exports. He said he wanted to "strengthen" trade relations with South Korea, Panama and Colombia.  Each of these countries has a free-trade agreement with the United States that is still sitting in Congress. But what does he mean by ‘strengthen’?    In its current form, the Colombia FTA violates the territorial and cultural rights of Afro-Colombians and does not include the exhaustive constitutional protections and right to previous consultation guaranteed to them under Colombian law.  Afro-Colombian grassroots organizations have consistently provided the government with holistic, alternative plans for development and their suggestions have steadily been ignored. 

While the laws on the books include Constitutional protections and human rights, our sisters and brothers in Colombia cannot do it alone.  TransAfrica Forum supports Afro-Colombian grassroots organizations’ efforts to protect the legal and territorial rights of these communities.  We must make our elected officials aware of the tenuous situation facing millions of Afro-Colombians.  We must also encourage U.S. foreign policies that are mutually beneficial, based on existing recommendations and leadership from within Afro-Colombian communities.  I am hopeful that Ms. McDougall’s report will help frame the United Nations’ commitment to the rights of Afro-Colombians, as we know, it is only a start.  And we can’t wait.   

Nicole C. Lee is the President of TransAfrica Forum