A/HRC/60/77
a level of success in reparatory justice actions, and to share lessons learned and good
practices. He concluded that Jamaica would remain a trusted partner of the World Conference
and its achievements and work.
V. Conclusions and recommendations
93.
The Working Group thanks Member States, representatives of international
organizations and civil society for their active participation.
94.
Considering the above, the Working Group has made the conclusions set out
below.
Principles
95.
The history and future of Africans and people of African descent are inextricably
linked; therefore, the pursuit of reparatory justice for and by Africans and people of
African descent must be consistent, complementary and mutually reinforcing. The
Working Group is of the view that the pursuit of reparatory justice for enslavement,
the trade in enslaved persons, including the transatlantic trade in enslaved Africans,
and colonialism should be pursued from a pan-African perspective, transcending
distinctions among Africans, Africans in the diaspora and people of African descent.
96.
The Working Group considers that enslavement, the trade in enslaved persons,
including the transatlantic trade in enslaved Africans, colonialism and other serious
human rights violations were inflicted on Africans and people of African descent as a
group. Therefore, it is of the view that reparatory justice must accrue to the collective;
must be comprehensive, as the legacies of enslavement, the trade in enslaved persons,
including the transatlantic trade in enslaved Africans and colonialism continue to affect
all aspects of the lives of people of African descent; and must be pursued and provided
with the effective and meaningful participation of Africans and people of African
descent, integrating gender-sensitive approaches.
97.
The Working Group is of the view that the following core common principles
should be considered in the pursuit of reparatory justice: (a) Africans and people of
African descent should be considered as the main victims who may put forward any
claims for reparations; (b) States that were involved in or benefited from enslavement,
the trade in enslaved persons, including the transatlantic trade in enslaved Africans,
and colonialism – and their successors – should be considered as the main responsible
actors; (c) reparatory justice should seek to eradicate the legacies and ongoing
manifestations of these crimes and injustices; (d) international recognition of
enslavement and colonialism as crimes against humanity should be pursued;
(e) reparatory justice should be comprehensive in its forms, namely compensation,
rehabilitation, satisfaction and guarantees of non-repetition, be acceptable to Africans
and people of African descent and comprise as a central tenet restitution, including the
return and protection of ancestral lands given the spiritual, sociocultural and economic
ties that Africans and people of African descent have to these lands and the resources
they contain; (f) reparatory justice should include monitoring and evaluation, as well
as clear lines of accountability and responsibility; (g) reparatory justice should also
include a system of incentives and sanctions.
Provisos
98.
The Working Group considers the continuing relevance of the Durban
Declaration and Programme of Action, which should be protected and defended by
Member States, the United Nations and people of African descent and other relevant
stakeholders.
99.
The Working Group is of the view that, since the slave trade, especially
transatlantic slave trade, was acknowledged in the Durban Declaration and Programme
of Action as a crime against humanity, adequate international and national legal
frameworks should be defined, identified or established to ensure due process,
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