A/HRC/60/77
transparency in processes and ultimate resolution of claims for reparatory justice. As
the transatlantic trade in enslaved Africans, enslavement and colonialism were
perpetuated by the expansionist needs of several European countries and their
successors emboldened by anti-African racism and notions of white supremacy, the
Working Group is of the view that reparatory justice for people of African descent
should integrate and be informed by measures to combat racism, anti-Black sentiment
and Afrophobia.
100. The Working Group considers that there should be no statute of limitations on
the pursuit of reparatory justice for the crimes of enslavement, the trade in enslaved
persons, including the transatlantic trade in enslaved Africans, and colonialism. The
cost of pursuing reparatory justice should be borne by the countries and their
successors and the private entities that perpetrated enslavement and colonization or
benefited from them. The linkages between reparatory justice and racial,
environmental and digital justice are evident and, therefore, the common principles and
tenets of equality and non-discrimination should underpin reparatory justice.
101. The Working Group holds that reparatory justice is not simply an inter-State
transaction. The interlocutors between the victims and complainants (people of African
descent) and those responsible or accountable, namely States and their successors that
enslaved, colonized and segregated Africans and people of African descent, should act
on behalf of people of African descent, with their full consent, support and guidance.
This should be secured through effective, adequate and appropriate consultation with
due regard to mechanisms that would guarantee transparency, accountability and the
integrity of the approach, delivery and commitments on behalf of people of African
descent at all times and ensure that decisions reflect the purpose, intent and express will
of people of African descent.
102. The Working Group is emphatic that reparatory justice for Haiti should remain
at the forefront of the pursuit of reparatory justice for and by people of African descent.
Pathways
103. The Working Group considers that the diverse history, geography, lived
experience and contexts of people of African descent require flexible, responsive and
evolving approaches and strategies in the pursuit of reparatory justice. The Working
Group also considers it indispensable to reach agreement on shared principles, the
purpose of reparatory justice, the identification of interlocutors to act as a bridge
between the victims and those responsible, approaches and strategies, and priority
areas for reparations, restitution and repatriation and for return of assets, artifacts and
remains.
104. The Working Group takes note of the approaches suggested for the pursuit of
reparatory justice, namely, establishing legal proceedings through courts or a specially
established mechanism, setting up truth and reconciliation-type bodies, considering
State-to-State negotiations that ensure the meaningful, inclusive and safe participation
of people of African descent, considering mediation through or supported by a
United Nations body, establishing State-supported commissions or committees at the
national and subnational levels, and engaging community, grass-roots and civil
society-led organizations for reparatory justice.
105. In the light of the findings and conclusions above, the Working Group
recommends that Member States:
(a)
Recognize the principle of reparations for enslavement and the trade in
enslaved persons, including the transatlantic trade in enslaved Africans, as a norm of
international law;
(b)
Adopt a resolution in support of the delivery of reparatory justice in a
comprehensive manner, notably through restitution, compensation, rehabilitation,
satisfaction and non-recurrence, that considers each historical and country context and
is grounded in international human rights law; consider designating a United Nations
15