Análisis crítico del alcance del concepto de comunidad negra frente a los derechos colectivos fundamentales de los sujetos negros en Colombia

Abstract

Given that the regulation inserts in paragraph 1 transitory article 55 of the (Const. P., 1991) and numeral 5 (L. 70, art. 2, 1993) in its definition of "Black Community", it does not cover all Black Subjects that make up and self-recognize as such in the different communities, Black, Afro-Colombian, Raizales and Palenqueras, currently existing in the country, an analysis of internal and international legislation and the Colombian Constitutional Jurisprudence on Fundamental Collective Rights of minorities was made. black ethnic groups and affirmative actions aimed at guaranteeing real equality for those who find themselves in vulnerable situations, and it was found that the aforementioned regulations are effectively insufficient. Consistent with the above, the present work determines the insufficiency of the definition of "Black Community", and it is proposed to carry out a prior consultation to redefine said concept. Indeed, although it is true that, as a result of the constituent assembly of 1991, the Black, Afro-descendant, Raizales and Palenqueras Communities were recognized some fundamental rights as a group, it is no less true that the participation of these communities in that constituent assembly was practically scarce and null due to different factors, which led to the problem under discussion and also its possible solution.