Towards a framework of reparatory measures for the enslavement and colonisation of the African people

In February 2023 the African Union adopted a resolution by which it resolved to pursue reparatory justice to redress the harm that was caused against Africans through Trans-Atlantic slavery and colonialism. The adoption of the resolution has been followed by a debate on how it can best be implemented, especially considering that the quest for reparations for slavery and colonialism has been ongoing for almost a century. If the AU is to succeed in this quest, it needs to develop a strategy that addresses two critical questions, namely, (i) what would constitute reparatory justice in contemporary terms, for these historical crimes; and (ii) how the AU should pursue its claim for reparatory justice. This article discusses these two questions and suggests that the AU uses the United Nations Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law as both a legal and conceptual basis for identifying measures that would constitute reparatory justice for Africans, in order to redress the harm caused through slavery and colonialism. This article identifies and discusses these measures, which include compensation for damages suffered by the African people and the African natural environment; the reform of international financing institutions; and the reform of the United Nations. In view of the constrains and biases that exist within the international legal system, the article suggests that the AU should pursue the reparatory justice agenda primarily through political engagements and the forging of global alliances, while using opportunities presented by the international justice system.