A/HRC/39/69 71. Member States should, as a matter of priority and urgency, address the overrepresentation of people of African descent in prisons and take positive measures at all levels of the justice system to end the mass incarceration of people of African descent. States are encouraged to explore alternatives to prosecution and incarceration, including alternative dispute resolution processes and restorative justice initiatives. States must engage in bail reform to ensure that people of African descent are not more likely than others to be detained prior to their trial. States should ensure training for sentencing judges and judges should be reminded of the principle of proportionality in sentencing. States should take positive measures to ensure the representation of people of African descent in the justice system, including in law enforcement and among lawyers and the judiciary. 72. The Working Group recommends that States end the disproportionate criminalization of women of African descent and the violation of their rights. The best interests of children should be paramount. 73. States should ensure that people of African descent are afforded the necessary language interpretation services throughout the justice system. 74. Land rights should form the cornerstone of the promotion of and full respect for the human rights of people of African descent. Land rights for people of African descent must therefore be legally recognized. The enactment of ancestral rights laws should be taken into consideration. Member States should guarantee the recognition, titling and demarcation of land belonging to people of African descent, with the aim of resolving outstanding land claim issues within communities of African descent. Member States should remove the bureaucratic obstacles that prevent people of African descent from rightfully claiming their land, including by ensuring affordable access to legal representation. 75. The Working Group recommends that States consider women of African descent as a primary focus in guaranteeing land rights. Women must play a central role in the formulation and implementation of protective policies and strategies related to land rights, at the national, local and community levels. 76. States should work with civil society groups to create programmes aimed at facilitating resettlement, including aiding access to land rights for people of African descent who are resettling in Africa. 77. The Working Group reiterates the content of paragraph 101 of the Durban Declaration and Programme of Action, that with a view to closing those dark chapters in history and as a means of reconciliation and healing, the international community and its members are invited to honour the memory of the victims of past tragedies, including the transatlantic trade in enslaved Africans. The Working Group further notes that some have taken the initiative of regretting or expressing remorse or presenting apologies and calls on members that actively participated in the transatlantic trade in enslaved Africans to pay reparations to their descendants, who continue to suffer the consequences of the slave trade and colonialism, and to contribute to restoring the dignity of the victims. 78. The right to reparations for genocide and crimes against humanity, such as the transatlantic trade in enslaved Africans, colonialism and neocolonialism is not subject to any statute of limitations. States responsible for historical injustices must ensure that reparations are made for those injustices to people of African descent. In addition to financial compensation, those States should consider special measures, including quotas in education and employment in governmental and private sectors. States must provide reparations in a manner that fully respects and implements the right to development of people of African descent. A tribunal dedicated to the issue of reparatory justice should be established. The Working Group recommends the CARICOM 10-point action plan for reparatory justice as a guiding framework. 79. States should consider, where relevant, implementing a tax-relief scheme that avoids double taxation for people of African descent, while simultaneously easing the burden on successive generations of people of African descent. 17