Draft Equal Opportunities Law for Afro-Colombians

The law was designed with technical support from the USAID Public Policy Program and is set to be presented to the Colombian Congress on July 20, 2011. The draft law represents a crucial policy framework for the Government of Colombia to promote the inclusion and participation of Afro-Colombian ethnic minorities in Colombian society and politics. Afro-Colombians make up a significant portion of Colombia's population, with estimates suggesting that they comprise between 20 and 25 percent of the population, despite the 2005 Census indicating only 10.6 percent self-identified as Afro-Colombian. Demographic indicators reveal that life is extremely challenging for Afro-Colombians, with the department of Chocó having the highest percentage of Afro-Colombians but also the lowest per-capita investment in health, education, and infrastructure. The Colombian healthcare system reaches only 10 percent of Afro-Colombian communities, compared to 40 percent of white communities. Article 13 of Colombia's 1991 Constitution stipulates that all Colombian men and women are equal before the law and are entitled to equal protection and treatment by authorities. However, a 2008 report by Los Andes University identified two major issues perpetuating discrimination in Colombia: the refusal to admit the existence of racism and the invisibility of Afro-Colombians in both the government and private sectors. To address these issues, the USAID Public Policy Program worked to strengthen Afro-Colombians' political representation and increase participation in civic affairs. A key element of the draft law is its focus on increasing the meaningful political representation of the Afro-Colombian population at the national level. Currently, only 3.7 percent of Congress members are Afro-Colombian. The law also introduces sweeping affirmative action measures in the education and research sectors, as well as promotes equal opportunities in political, workplace, and business arenas. Additionally, it suggests affirmative action measures to guarantee equal access to resources and opportunities on the regional level. President Juan Manuel Santos publicly announced the introduction of the draft law on Afro-Colombian Day, stating that his administration would introduce the law to guarantee equal treatment for Afro-Colombians and all communities. The draft law is currently undergoing the prior consultation process and will advance to the Legislature when it reconvenes on July 20. Once fully executed, the law will profoundly strengthen the multiethnic democratic Colombian State.