10 años de la ley 1482 del 2011

In Colombia, 10 years of "Law 1482 of 201" are being completed.

 By: Jonh Jak Becerra Palacios.

 

 On November 30, 2011, the Colombian Congress approved Law 1482 of 2011, known as the “Anti-discrimination Law”, which aims to guarantee the protection of the rights of a person, group of people, community or people, who may be violated through acts of racism or discrimination.

 

 It was declared enforceable by the Constitutional Court through Sentence C-194 of 2013, on charges of lack of prior consultation with indigenous and Afro-descendant communities, and violation of the principles of consecutiveness and flexible identity.  However, Law 70 of 1993, by which transitory article 55 of the Political Constitution was developed, already enshrined the sanction of “racial discrimination” racism.

 

 In these 10 years of the well-known anti-discrimination law, if we take stock of its effectiveness, we have to ask ourselves: Has it met its objective?

 Article 134 A of the law says: Acts of Racism or discrimination.  Anyone who arbitrarily prevents, obstructs or restricts the full exercise of people's rights by reason of their race, nationality, sex or sexual orientation, will incur a prison term of twelve (12) to thirty-six (36) months and a fine of ten (10) to fifteen (15) current legal monthly minimum wages.  These new provisions have been a salute to the flag, with impunity that is 100%.

 

 Is it easy to denounce racism in Colombia?

 

 On March 25, 2013, I went to the URI of the Public Prosecutor's Office of a sector called Paloquemao in Bogotá DC, Colombia, in order to file a criminal complaint, within the framework of Law 1482 of 2011. In the filter room of reception where complaints are received, it was impossible for me to file the complaint initially, I had to go, to a stationery store and print the law, and take it to the prosecutor's office, so that they could receive the complaint, after I managed to receive the complaint, in the interview, the official who was receiving my complaint for racism and racial discrimination, began to question my testimony.  Furthermore, at that time, when I filed a complaint, they did not receive my complaint within the framework of Law 1482 of 2011, but, as, "crimes against moral integrity" Law 599 of 2000. The typology did not appear in the system of the The Attorney General's Office, despite the fact that in November 2011 Law 1482 of 2011 had been approved, it was even national news, the news appeared in all the national newspapers.

 

 I had been a victim of racism in a work environment for several years, without the company doing anything about it.  In April 2013 I was fired without just cause and began a journey before the Prosecutor's Office, the Attorney General's Office and the Ministry of Labor that did not help me with my case, as they claimed they had no jurisdiction.

 

 

 

 

 Can you report racism in Colombia?

 

 The Office of the Attorney General of the Nation is the entity in charge of carrying out this work in Colombia, however, there is no will so far in 10 years of approval.  When an Afro-descendant like me goes to the Prosecutor's Office in search of justice, it is not unusual for the Prosecutor's Office to end up downplaying your case, and file the complaint as happened to me, no matter how much evidence is provided to the process.  That in case it goes well for you, because there have been cases in which the accusing body does not receive the complaint, or the official makes fun of the victim, who tries to denounce the racist, racism reigns in the administration of justice in Colombia , because Colombia has one of the most racist structures in the region.

 According to figures provided by the General Prosecutor of the Nation of Colombia.  In these ten years, I indicate that 1846 complaints were received.  For harassment on the grounds of race, religion, ideology, politics, or national, ethnic or cultural origin 1226 complaints.  For acts of racism or discrimination 620 complaints.  A decade of impunity has been completed, zero results.

 

 Consequences for reporting racism

 

 The consequences for denouncing racism can be fatal, because the power system stigmatizes those who denounce racism and society perceives it in a negative way.  There are no guarantees to denounce racism in Colombia, for those of us who seek justice and go to the judicial system.  Looking for an institutional answer, it is very difficult to find an answer, because there are many obstacles due to institutional racism, the damage caused by the institution itself, due to the lack of guarantees, is fatal.  It is one of the reasons, for which many and many Afro-descendants in Colombia, do not denounce racism, due to the repercussions, which may be, of not getting a job again, as it happened to me.  Since October 2017. The private sector did not employ me again, and I entered into a kind of veto until today.  When my only sin was to demand fair and dignified treatment, but I ended up stigmatized, and I continue to be a victim of systematic racism, which brought enormous consequences to my life, financially, emotionally, mentally, and so on.  I was attending an evangelical Christian church at that time, and a presumed white brother / mestizo in faith, told me that I, less valued himself, and that there was no racism, that he had black friends.

    

 

 The justice pillar of the International Decade for People of African Descent 2015-2024, Colombia is in debt, in allowing us access to justice with guarantees, introducing measures to guarantee equality before the law, in particular in the enjoyment of the right to equal treatment before the courts and all other bodies that administer justice.

 

 10 years of impunity, of a law on paper, a dead letter?  Perhaps, without political will, without the adoption of special measures.  What happened to the decade dedicated to people of African descent?  with the three pillars, Recognition, Justice.  And Development, which Colombia undertook, Many questions arise, and few answers.