Comprehensive and human-rights based approach to reparatory justice for people of African descent.

Drawing on the above-mentioned frameworks and contributions of stakeholders, this section outlines key elements for a comprehensive approach to reparatory justice grounded in international human rights law. Reparatory justice is not just about addressing the wrongful acts of the past, it is about building societies that are truly inclusive, equal and free from racism and discrimination. A comprehensive approach should, therefore, address the past, present and future. It should be participatory, gender-sensitive and inclusive and should combine a plurality of measures aimed at restitution, rehabilitation, compensation, satisfaction and guarantees of non-repetition. 

The design and implementation of reparatory justice measures should be guided by people of African descent through effective, meaningful and equal participation (A/HRC/47/53, para. 63, and A/HRC/54/66, annex). The rights of victims and civil society to participate in processes of accountability and redress, including truth-seeking, reparations and non-repetition, has been recognized in the updated set of principles for the protection and promotion of human rights through action to combat impunity and by several special procedures mandate holders. Effective, meaningful and equal participation, including of women and youth, is essential to ensure that the needs of affected people and communities are considered and their lived experiences are accurately reflected at all stages in truth seeking, reparations and memorialization processes, including through broad and inclusive consultations (A/74/308, para. 10, A/HRC/34/62, para. 26, and A/HRC/39/28). Participatory processes should be inclusive of everyone and grounded in an intersectional, gender-sensitive approach and seek to mobilize civil society, religious leaders, community leaders, business, politicians and public servants (A/77/294, para. 99, and A/HRC/47/CRP.1, paras. 303–304). They should take place in a safe and enabling environment. Participants should be offered the opportunity to understand the issues to be addressed during consultations (A/71/567, paras. 16 and 47). 

A comprehensive approach to repairing the legacies of the past should be grounded in a gender-sensitive, intersectional and intergenerational analysis of the impacts of enslavement, the transatlantic trade in enslaved Africans, colonialism and successive racially discriminatory policies and systems (A/HRC/47/CRP.1, para. 292). The need to address the gender-related dimensions of racial discrimination was recognized in the Durban Declaration and Programme of Action and has been reaffirmed by the Committee on the Elimination of Racial Discrimination. Gender-related considerations should be taken into account throughout the reparatory justice process, including by recognizing the gender-related nature of past harms and their lasting consequences, removing barriers to participation and ensuring that measures taken do not perpetuate gender inequality. For example, truth-seeking initiatives should examine the causes and consequences of sexual and gender-based violence and reparation programmes should identify measures with differential impact between the sexes (A/74/147, para. 7, A/75/174 and A/HRC/47/CRP.1, para. 294). Reparatory justice processes should also consider the multiple and intersectional forms of discrimination at stake. Concerted efforts should be made for inclusive processes, taking into account the needs of children and young people and other persons subjected to multiple and intersectional forms of discrimination throughout the process, from the design to monitoring of reparatory justice measures (A/HRC/47/CRP.1, para. 293). 

As mentioned above, reparations comprise different forms, namely compensation, restitution, rehabilitation, satisfaction and guarantees of non-repetition, which work in a complementary manner to effectively achieve reparatory justice. What is required is a plurality of measures in recognition of the magnitude and seriousness of the violations and their enduring consequence.

Furthermore, national processes should be complemented by international processes, including inter-State consultations, cross-boundary initiatives and cooperation, to reflect the realities that enslavement and colonialism were transatlantic and global in nature. These processes could entail access to regional and international procedures, as well as the establishment of international reparatory justice programmes. At the local, national and regional levels, bodies established to consider the legacies of enslavement and colonialism have recommended the adoption of multipronged approaches combining truth-seeking measures with formal apologies, memorialization, reparations, rehabilitation and structural measures as a means of non-repetition.  Some private actors, including business enterprises, media and universities, have also combined in-depth investigation into their involvement in colonialism and enslavement, with public apologies, financial support and memorialization initiatives.