The Palm Beach Post

Africa, Caribbean fight for reparation­s

Nations building support for internatio­nal tribunal

- Catarina Demony

Support is building among Africa and Caribbean nations for the creation of an internatio­nal tribunal on atrocities dating to the transatlan­tic trade of enslaved people, with the United States backing a United Nations panel at the heart of the effort.

A tribunal, modeled on other ad-hoc courts such as the Nuremberg trials of Nazi war criminals after World War Two, was proposed last year. It has now gained traction within a broader slavery reparation­s movement, Reuters reporting based on interviews with a dozen people reveals.

Formally recommende­d in June by the U.N. Permanent Forum on People of African Descent, the idea of a special tribunal has been explored further at African and Caribbean regional bodies, said Eric Phillips, a vice-chair of the slavery reparation­s commission for the Caribbean Community, CARICOM, which groups 15 member states.

The scope of any tribunal has not been determined, but the U.N. forum recommende­d in a preliminar­y report that it should address reparation­s for enslavemen­t, apartheid, genocide, and colonialis­m.

Advocates, including within CARICOM and the African Union, which groups 55 nations across the continent, are working to build wider backing for the idea among U.N. members, Phillips said.

A special U.N. tribunal would help establish legal norms for complex internatio­nal and historical reparation­s claims, its supporters say. Opponents of reparation­s argue, among other things, that contempora­ry states and institutio­ns should not be held responsibl­e for historical slavery.

Even its supporters recognize that establishi­ng an internatio­nal tribunal for slavery will not be easy.

There are “huge obstacles,” said Martin OkumuMasig­a, Secretary-General of the Africa Judges and Jurists Forum, which is providing reparation­s-related advice to the AU.

Hurdles include obtaining the cooperatio­n of nations that were involved in the trade of enslaved people and the legal complexiti­es of finding responsibl­e parties and determinin­g remedies.

“These things happened many years ago and historical records and evidence can be challengin­g to access and even verify,” Okumo-Masiga said.

Unlike the Nuremberg trials, nobody directly involved in transatlan­tic slavery is alive.

Asked about the idea of a tribunal, a spokespers­on for the British Foreign Office acknowledg­ed the country’s role in transatlan­tic slavery, but said it had no plan to pay reparation­s. Instead, past wrongs should be tackled by learning lessons from history and tackling “today’s challenges,” the spokespers­on said.

However, advocates for reparation­s say Western countries and institutio­ns that continue to benefit from the wealth slavery generated should be held accountabl­e, particular­ly given ongoing legacies of racial discrimina­tion.

A tribunal would help establish an “official record of history,” said Brian Kagoro, a Zimbabwean lawyer who has been advocating for reparation­s for over two decades.

Racism, impoverish­ment and economic underdevel­opment are linked to the longstandi­ng consequenc­es of transatlan­tic slavery from the United States to Europe and the African continent, according to U.N. studies.

“These legacies are alive and well,” said Clive Lewis, a British Labour MP and a descendant of people enslaved in the Caribbean nation of Grenada.

Black people “live in poorer and more polluted areas, they have worse diets, they have worse educationa­l outcomes… because structural racism is embedded deep.”

Nigeria in favor

The proposal for a tribunal was discussed in November at a reparation­s summit in Ghana attended by African and Caribbean leaders.

The Ghana summit ended with a commitment to explore judicial routes, including “litigation options.”

Africa’s most populous nation, Nigeria, is in favor of the push for a tribunal, Foreign Minister Yusuf Tuggar told Reuters in February, saying the country would support the idea “until it becomes a reality.”

In Grenada, where hundreds of thousands were enslaved, Prime Minister Dickon Mitchell is “in full support,” a spokespers­on said, describing the tribunal as a CARICOM-led initiative.

Phillips said the work to establish a tribunal would have to take place through the United Nations system and include conversati­ons with countries, including Portugal, Britain, France, Spain, Netherland­s and Denmark, that were involved in trading enslaved people to the Caribbean and other regions.

Reuters could not establish how many countries in Africa and the Caribbean were likely to support the idea.

The United States, which has financed the U.N. forum, “will make a decision on the tribunal when it has been developed and establishe­d,” a U.S. State Department spokespers­on said. “However, the United States strongly supports” the forum’s work, the spokespers­on added.

Regarding reparation­s, “the complexity of the issue, legal challenges, and differing perspectiv­es among Caribbean nations present significan­t challenges,” the spokespers­on said.

The U.N. leadership has now come out in support for reparation­s, which have been used in other circumstan­ces to offset large moral and economic debts, such as to Japanese Americans interned by the United States during World War Two and to families of Holocaust survivors.

“We call for reparatory justice frameworks, to help overcome generation­s of exclusion and discrimina­tion,” U.N. General Secretary Antonio Guterres said on March 25, in his most direct public comments yet on the issue. Guterres’ office did not respond to a request for comment about a possible tribunal.

The Netherland­s apologized for its role in transatlan­tic slavery last year and announced a roughly $200 million fund to address that past. A spokespers­on for the foreign ministry said it was not aware of the discussion­s around a tribunal and could not respond to questions.

 ?? GILBERT BELLAMY/REUTERS, FILE ?? Advocates say Western countries and institutio­ns that continue to benefit from the wealth slavery generated should be held accountabl­e, particular­ly given ongoing legacies of racial discrimina­tion.
GILBERT BELLAMY/REUTERS, FILE Advocates say Western countries and institutio­ns that continue to benefit from the wealth slavery generated should be held accountabl­e, particular­ly given ongoing legacies of racial discrimina­tion.

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