Del dicho al hecho, hay mucho trecho: entre el derecho fundamental a la afroeducación en Colombia y el pluralismo jurídico intercultural

Abstract

Afro-education is a right of Black, Afro, Raizal, and Palenquero communities in Colombia. This reflective article analyzes the relationship that may exist between this right and intercultural legal pluralism. Although the use of metaphors is somewhat unusual in academic discourse, it will be decisive in explaining some important aspects of the implementation of this constitutional guarantee. The use of some sayings from popular culture will be useful to illustrate to the reader some aspects worthy of reflection and to point out, by way of criticism, the challenges and opportunities that exist for the implementation of the right to Afro-education in Colombia. The text is divided into three parts. The first part relates to the saying, “Tell me who you walk with, and I'll tell you who you are,” and sets out the historical foundations of the right to Afro-education in Colombia. The second part develops the saying, “The drowning man's hat,” and analyzes, from a theoretical and conceptual perspective, how a plural right is recognized from a monistic-multicultural viewpoint. This section presents some useful ideas for the implementation of this fundamental social-collective right in a pluralistic-intercultural legal system. Finally, using the saying “When the river sounds, it's because it carries stones,” some analytical, critical, and theoretical aspects of intercultural legal pluralism are presented, which will allow us to explain which aspects must be taken into account for its implementation. In conclusion, we will describe some challenges and opportunities to consider in implementing this fundamental guarantee. All of this research was conducted using intercultural hermeneutics methodology in order to answer the question: What is the role of intercultural legal pluralism in implementing Afro-education as a fundamental social and collective right in Colombia?