A/HRC/39/69
Group as a basis for reparatory justice for people of African descent. On the issue of a
binding international legal reparation system, she suggested that the proposed declaration
could also be useful in that regard. In addition, she noted that the International Decade for
People of African Descent could offer a real opportunity to build a strong international link
and networks among people of African descent to support the process of reparations.
38.
In her presentation, Ms. Chevry affirmed the urgent need for reparations for the
crime against humanity that transpired during enslavement and the transatlantic trade in
enslaved Africans. She reiterated the need for reparations, including individual claims for
financial reparations and the setting up of expert bodies to evaluate the magnitude of those
violations. She added that other forms of reparations could be the returning of land taken by
settlers and in the possession of their heirs. Ms. Chevry also stated it was unacceptable to
apply non-retroactivity on crimes against humanity and any more delay should be met with
increased reparations. Mr. Nehusi highlighted the need for reparations as an end to
centuries of destruction, subjugation and continuing exploitation of the African people and
their resources. He stated that positive discrimination was vital, despite some believing that
it was wrong that African people should receive assistance from States that had traditionally
repressed them. He added that financial reparation was important, but it was difficult to
quantify the intergenerational psychological pain inherited by people of African descent.
He concluded by saying there were intergenerational physical manifestations of trauma
suffered as a result of enslavement, such as an increased risk of diabetes and coronary
disease.
39.
In the ensuing interactive dialogue, Mr. Reid suggested placing reparations within
the framework of the right to development. He also outlined the various forms of
deprivation inflicted upon people of African descent and how that could determine the type
of reparations to be sought. He stated that in addition to health issues, illiteracy was also a
consequence of enslavement, and given the massive detriment to development such
illiteracy rates had, reparations in the context of the right to development would oblige
European countries to undertake a broader range of responsibilities to facilitate sustainable
development. The issue of double taxation was also raised with regard to reparations. If
State taxes were used to pay for reparations and people of African descent were paying
taxes, victims were ultimately paying for their own reparations, which defeated the purpose.
Mr. Nehusi therefore suggested tax relief for people of African descent, whether full or
partial exclusion from taxes, which could create a sort of “structured settlement” over time,
reducing the burden on successive generations of people of African descent. In that
connection, Pastor Murillo Martinez, a member of the Committee on the Elimination of
Racial Discrimination, also referred to the CARICOM 10-point plan for reparatory justice,
specifically article 10 that calls for debt cancellation for the Caribbean countries.
Representatives of civil society suggested the possibility of the Working Group preparing a
report on reparations that would include articulation of their importance to the equality of
human dignity and rights for people of African descent and recommendations that would
include the establishment of a tribunal dedicated to the issue of reparatory justice. Another
civil society representative pointed to conclusions at the Durban Review Conference, where
the nations of the world reached a consensus that enslavement was a crime against
humanity, that victims of those atrocities were entitled to reparations and that there was no
statute of limitations, underscoring the legal foundation for the basis of reparations. The
basic principles of remedies for victims of gross and serious violations under humanitarian
law, enacted in General Assembly resolution 60/147 including (a) restitution; (b)
rehabilitation; (c) compensation; (d) safeguarding and protection from future violations,
were also raised. Reparations in the form of return of history, including opening the
archives of museums to document the histories of people of African descent and having
museums return African artefacts to people of African descent and/or African institutions
were also raised.
40.
The fifth and sixth panels were devoted to discussion on the theme of “Elaboration
of a draft declaration on the promotion and full respect of human rights of people of
African descent, including feedback on the questionnaire”, pursuant to Human Rights
Council resolution 35/30 and General Assembly resolution 69/16. As part of the
preparatory work, the Working Group sent a note verbale to all Member States and a call
for submissions to civil society, requesting submissions on the scope of the declaration. The
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