A/HRC/60/77
IV. Summary of deliberations
A.
Thematic analysis: “Principles, provisos and pathways to reparatory
justice for people of African descent”
25.
The Working Group devoted its thirty-fifth session to the political, legal, sociocultural
and economic dimensions, contexts, challenges, approaches, pathways, strategies and
opportunities that could enable the pursuit of reparatory justice for Africans and people of
African descent for the transatlantic trade in enslaved Africans and other related past
injustices. It held six panels, one round table and an event entitled “Durban memoirs”.
26.
The first panel, on the theme “Reimagining and re-engineering reparatory justice”,
was chaired by Ms. Reynolds.
27.
Member of the Advisory Council of the International Centre for Sustainable
Development, Harold Robinson Davis, explained that reparations claims in the Americas had
existed since emancipation. He highlighted that the oldest and most recognized reparations
framework was that of formerly enslaved Africans in the United States and their descendants,
followed by the reparations plan of the Caribbean Community (CARICOM). He also noted
the emerging Ibero-American movement for reparations.
28.
Human rights attorney and community activist, Roger Wareham, stressed the need for
practical implementation of reparations, describing the United States response to them as a
textbook example of refusal and evasion on the issue. He emphasized that reparations should
address the victims’ perspective and the perpetrators’ refusal to honour their international
legal responsibility. He stated that the acknowledgment of enslavement as a crime against
humanity in the Durban Declaration and Programme of Action had eliminated the legal
argument that reparations were hindered by the statute of limitations. He underscored that
reparations must address ongoing systemic racism, not just historical chattel enslavement.
29.
Representative of the Permanent Mission of Brazil to the United Nations, Elaine
Cristina Pereira Gomes, noted that Brazil had historically favoured the consensus reached in
Durban, which stressed that reparations should be implemented through development
policies and other initiatives such as affirmative action, as reflected in point four of the
Durban Programme of Action. She added that, internally, Brazil had prioritized reparations
through public policies, including on affirmative action, non-repetition measures, measures
of memory and truth, and the promotion of cooperation for development.
30.
Assistant Dean of the Hamilton Lugar School of Global and International Studies at
Indiana University, Isak Nti Asare, articulated that reparatory justice required systemic,
structural and societal transformations, not merely compensation. He highlighted how the
digital age provided tools for reparations, while noting that the projected growth of the
artificial intelligence industry largely excluded communities of African descent and that
artificial intelligence systems were actively used for oppression. He referred to the digital
divide, noting that 33 per cent of Africans lacked Internet access compared with 6 per cent
of Europeans, and to algorithmic bias, notably that facial recognition misidentified Black
women 35 per cent of the time, as examples of persistent inequities. Mr. Nti Asare also noted
that disinformation undermined reparations efforts and concluded that reparatory justice must
address economic disenfranchisement and structural barriers and ensure that technology and
equity were intertwined.
31.
The second panel, on the theme “Legislative and legal underpinnings and
determinants”, was chaired by Ms. Reynolds.
32.
Professor at the University of the West Indies, Rose-Marie Belle Antoine, highlighted
the crucial role of the law in addressing historical inequities from enslavement, which
continued to perpetuate global structural inequalities. She asserted that the enslavement of
Africans was a crime against humanity, warranting reparations without a statute of
limitations. She proposed the establishment of a new body, such as a tribunal or court, to
address collective reparations claims against Governments that had benefited from the
transatlantic trade in enslaved Africans.
6