Reparations should recognize and redress the causes and consequences of human rights violations and inequalities in countries that have emerged from dictatorships, armed conflict and political violence, as well as in societies facing racial injustice and the legacy of colonization. ICTJ provides comparative knowledge and practical experience in the design and implementation of reparation programmes, particularly in the Global South. Who would be the “claimants” in a claim for compensation? All Africans on the African continent and in the diaspora who suffer the consequences of the crime of mass abduction and slavery have an interest in this. The impoverishment of the nations of sub-Saharan Africa, which has led to so much famine, disease and underdevelopment, is mainly caused by the devastation caused by the slave trade. It is true that a minority of Africans collaborated in the slave trade and prospered accordingly; but this must not undermine the general truth that the rape of Africa was the responsibility of the European nations that established and encouraged trade. Claims for material reparation for historical injustice are generally based on the nature of the lasting effect, and requests for symbolic reparation are often based on the moral quality of the injustice committed. This article discusses the theoretical underpinnings of arguments about reparations, liability for past wrongs, and. At present, no court has jurisdiction to seek redress. The resolution of these claims would require a new mechanism commensurate with the uniqueness and magnitude of the problems. 13.
In addition to individual access to justice, States should endeavour to develop procedures for groups of victims to seek redress and, where appropriate, redress. In Africa, Britain and the United States, a movement for reparations to Africans for the crimes of the slave system began. I believe that this request is justified under international law. It is an overarching concept that raises difficult questions such as: Who should say this? Against whom? For what amount? In which court? Some find these questions so discouraging that they conclude that the idea of reparations is fanciful. States that commit or fail to prevent violations, as well as non-governmental entities, including individuals, institutions, companies and armed groups, that commit or participate in such violations, are required by law to provide redress. The law began by establishing the basis for reparations in terms that could be adapted with great relevance to the claims of African peoples. In jurisprudence, reparation is the recovery of a loss previously suffered by the criminal to the victim. Monetary restitution is a common form of reparation.
Commemorative acts of symbolic reparation – for example, a day of remembrance – can be understood as aimed at fulfilling this duty to the deceased victims of injustice. Assessing what should be required is perhaps the most urgent and arduous task facing the reparations movement. Each affected country must be investigated. Different considerations would apply to the peoples of the African continent, to the peoples of the now independent countries where slavery flourished, and to persons who are minorities in Europe or America. Organizations in the U.S. and U.K. kept the message alive. I am more familiar with the British efforts in this regard, that is, the African reparations movement. In 1996, I initiated a debate on this issue in the House of Lords.
The British government was forced to make public its response to the request for reparations. Its spokesman, Lord Chesham, said there was no evidence that the effects of slavery were still felt by Africans living today. The ICTJ focuses on the role of victims both in the process and in the outcomes of the design and implementation of reparations programmes. ICTJ helps victims express their needs and identify the forms of reparation that make the most sense to them. We advise decision-makers on the practical, legal, financial and procedural challenges associated with the design and implementation of reparations programmes. In addition to victims, we work with various stakeholders, including national and international policymakers, donors, development actors and other human rights organizations, to approach reparations with the same priority as the search for truth and individual criminal accountability in the pursuit of a country`s transitional justice. The moral principle here is similar to that asserted in the arguments for reparations for contemporary African Americans, whose socioeconomic conditions reflect the damage caused by past and present generations of whites. In addition, Federal Appellate Judge John Minor Wisdom argued that anti-slavery changes in the United States.