Draft first regional report on the implementation of the Montevideo Consensus on Population and Development

<strong>Draft</strong> <strong>first</strong> <strong>regional</strong> <strong>report</strong> on the implementation of the Montevideo Consensus on Population and Development
Chapter III
The national <strong>report</strong>s provide evidence of progress in some countries, such as Costa Rica, whose Law
No. 9305 of 2015 reformed article 1 of the constitution to establish the country’s multi-ethnic and multicultural
character, which strengthens recognition of African descent in different public policy instruments. Similarly,
with a view to meeting the goals of the International Decade for People of African Descent (Directive No. 022P
of 2015), the Government instructed public institutions to formulate policies that would fulfil the programme
of activities of the International Decade for People of African Descent within their own sphere of competence
(Government of Costa Rica, 2017). In 2015, Chile also began to promote the International Decade for People
of African Descent and signed the Inter-American Convention Against Racism, Racial Discrimination, and
Related Forms of Intolerance under OAS auspices (Government of Chile, 2018). Uruguay, for its part, <strong>report</strong>s
that it ratified the Convention in 2017 (Government of Uruguay, 2017).
In Guatemala, Garífuna (mixed-race African and indigenous) individuals are recognized as belonging to
the Garífuna people within the context of indigenous peoples’ rights, so that the advances mentioned in
section III.H of this document are applicable to this group. Additionally, in 2016 an initiative was presented to
the Guatemalan Congress to secure the passage of the Recognition of the Creole Afrodescendent People in
Guatemala Act (Government of Guatemala, 2017). In Mexico, two initiatives in 2016 presented the Senate with
a draft decree for reforming the constitution to secure recognition for Afro-Mexican peoples and communities,
as part of the multicultural composition of the nation, and for their collective rights (Government of Mexico,
2018). Peru has progressed significantly with legislation to promote the rights of Afrodescendants. One example
is Supreme Decree No. 004 of 2015, which declares it a matter of national interest to give priority to the full
enjoyment of fundamental rights by the Afro-Peruvian population, with a view to enhancing their development
and social inclusion, during the International Decade for People of African Descent. According to the Decree,
all sectors and levels of government need to formulate and implement programmes, projects and actions for
strengthening the fundamental rights of the Afro-Peruvian population with a view to social inclusion and full
participation by this population in all aspects of Peruvian society (ECLAC, 2017b).
Other countries are at a more incipient stage with the recognition and inclusion of Afrodescendants. For
example, El Salvador mentions in its national <strong>report</strong> that the unfulfilled agenda for this population is very extensive
and emphasizes its commitment to implementing the priority measures of the Montevideo Consensus (Government
of El Salvador, 2017). In the case of Argentina, the Special Rapporteur on contemporary forms of racism, racial
discrimination, xenophobia and related intolerance conducted a visit in 2016 and warmly acknowledged the
programmes implemented by the National Institute against Discrimination, Xenophobia and Racism (INADI) to
rectify and redress historical discrimination against the Afrodescendent community but noted that this community
continued to receive little attention from Argentine society at large (United Nations, 2017b).
3. National institutions and the implementation of policies
and programmes
Priority measure 96 of the Montevideo Consensus is to promote the development of Afrodescendent populations
by implementing public policies, establishing standards and creating institutions to guide and carry forward
affirmative action policies, plans and programmes at the sectoral level, whereby the principles of equality and
non-discrimination can be incorporated into all levels of government, with organized civil society participating
throughout the process of design, implementation and evaluation of those instruments. The number of institutions
responsible for issues relating to the Afrodescendent population or the promotion of racial equality has grown
steadily in the region over the last two decades. Currently, 14 countries of Latin America have some governmental
mechanism for this as a result of prolonged efforts by Afrodescendants’ organizations, supported by the international
community and other civil society and government institutions. As diagram III.2 illustrates, the great majority
of these mechanisms have been created since 2000, <strong>first</strong> when preparations for the World Conference Against
Racism, Racial Discrimination, Xenophobia and Related Intolerance became intensive and then when the time
came to follow up and fulfil the commitments accepted by States in relation to the rights of Afrodescendants.
They usually have legal backing, having been created by law or presidential decree (ECLAC, 2017b).
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