Countries legally obliged to consider slavery reparations, says UN committee

A UN committee has declared that countries are legally required to contemplate reparations for the transatlantic slave trade and implement other measures to tackle the persistent effects of racial discrimination. The guidance, released by the committee on the elimination of racial discrimination (CERD), stems from a legally binding convention on racial discrimination from 1965, not the laws of the era when the slave trade occurred.

The committee views this stance as a "paradigm shift" that moves beyond debates over historical accountability often used by governments to avoid reparations claims.

The UN document outlines that states must implement comprehensive reparatory measures for people of African descent, addressing all aspects of remedies. This call to action may be cited in court proceedings. Historically, approximately 12.5 million Africans were forcibly taken and sold between the 15th and 19th centuries in what the CERD described as the largest forced migration ever.

Reparations calls, which can range from official apologies to financial compensation, have been gaining traction globally. However, detractors argue that states and institutions should not bear responsibility for historical crimes. The European Union and Britain abstained from a UN resolution on slavery in March. Some nations have sought to evade justice claims in courtrooms by asserting that there were no international laws prohibiting the slave trade during that time – a notion known as the intertemporality principle.

Nevertheless, the UN document asserts that, irrespective of the historical legality of slavery and the slave trade, countries are still accountable under contemporary international obligations to address the ongoing impacts of these events. The UN document emphasizes that mere financial compensation is insufficient; it advocates for "transformative" measures such as opening archives, revising public memorials, and establishing independent truth commissions.

Pela Boker Wilson, a committee expert from Liberia who contributed to the document, expressed confidence that states would shift from mere expressions of regret to concrete and meaningful actions. She emphasized the committee's aim to affirm the dignity of those whose suffering was ignored or minimized.