#Opinion

Reparations for human right violations – Commonwealth Agenda

Oct 8, 2024, 10:55 AM

African candidates, including from The Gambia, are vying for the position of secretary general in the commonwealth of nations and territories, which evolved from the old one of colonies. Its head remains the British monarch, now King Charles.

What for? As if Africa and its diaspora do not have enough problems of their own to solve; or crisis-hit sub-regional and continental organizations in urgent need of attention?!

The basic principle of sovereign equality amongst states and territories, is disregarded, givena permanent, not rotational, head of the commonwealth. That is, a former and current colonial master, even if it is ceremonial. Which benefits are there, if any, that justify this inequality?

The personal traits of the candidates are important to know; but which commonwealth agenda is on offer? Maybe one pursuing reparations for human rights violations, including for enslavement, colonialism, and apartheid.

In the interest of justice, citizens of the fifty-six (56) member states and territories of the commonwealth cannot avoid asking this question of reparations for crimes against humanity.  Nor can the fifty-five (55) member states of the African Union (AU) avoid asking the same, given the negative effects to this day.

Legal basis for reparations

Is there a legal basis for reparations? Expertise, guided by legal principles and precedents from the International Court of Justice and elsewhere, has probed the lawful basis for the enslavement of Africans and others, and concluded that it was unlawful. Thus, the British monarchy and other enslavers are liable to pay for reparations. African descendants in the Caribbean already have their agenda for reparations, the ten-pointdemand program of the Caricom (Caribbean Community).

The former Deputy Chairperson of the African Union Commission, Ambassador T. Kwesi Quartey, has also dedicated time and effort to this question of reparations in true pan-African spirit. AU-Caricom cooperation was thus promoted, and remains strategic in making progress.

Valuation of reparations

The 2023 Brattle report provides a useful guide on reparations for transatlantic chattel slavery (TCS) in the Americas and the Caribbean. The horror and violence of enslavement for close to 20 million Africans and their descendants cannot be forgotten. From the introduction: “Every phase was characterized by atrocious and horrific treatment of the enslaved, and constituted wrongful conduct. … mostly carried out through violence, including raids, banditry and kidnapping.” In the cruel example of the Barbados enslavement code, used by other enslavers, such brutality in various forms was meant to be carried out “with no negative consequences.”

From UNESCO’s (United nations scientific, educational, and cultural organization) General History of Africa, published much earlier, we read that “abundant sources of information on trade … from the time of the Portuguese until the arrival of the Dutch, French and English tell a story of violence and continual conflict.” Here, too, such brutal depopulation of Africa for profits is evident: “some 22 million people were exported from black Africa to the rest of the world between 1500 and 1800.” Some estimate that about one-third were women and girls.

The role of the state took center stage. We are told that the King and Parliament combined to establish enslavement companies like the Company of Royal Adventurers, which later changed to the Royal African Company, and the South Sea Company. The latter, for example, signed with Spain a supply chain contract (Asiento de Negros) for the enslavement of Africans, also with the complicity of other European countries in the Treaty of Utrecht.

The damages, including loss of life, unpaid labor, loss of liberty, mental pain, and gender-based violence, which resulted from this illegal violation of the human dignity of Africans and their descendants for centuries, have an estimated valuation in the Brattle report: about USD 108 trillion, almost equal to world economic output today. “Britain is required to pay as reparation for TCS” about USD 24 trillion.

It is not just about the money. Reparations also mean an apology, as some are trying to do, with an agenda to end continuing discrimination and racism; and to ensure a #never-again return to mass atrocities we are witnessing even today. It is the memory of ancestors Kunta Kinte, Queen mother Nzinga and Toussaint L’Ouverture, among others! Are the African candidates for the post of commonwealth secretary general up to the task?

M.Sajo Jallow