Guarantees of nonrepetition.

 

A comprehensive approach to reparatory justice should include measures that aim at preventing present and future violations, including through legislative, institutional and policy reforms. From this perspective, any measures that aim at dismantling systemic racism and the racially discriminatory effects of structures of inequality and subordination resulting from enslavement and colonialism can contribute to advancing reparatory justice. The International Decade for People of African Descent and its programme of activities, general comment No. 34 (2011) of the Committee on theElimination of Racial Discrimination and the agenda towards transformative change for racial justice and equality, together provide concrete recommendations to address systemic racism and racial discrimination faced by people of African descent and ensure their full enjoyment of all human rights and fundamental freedoms (A/RES/69/16, annex, CERD/C/GC/34, para. 66, A/ HRC/RES/47/53 and A/HRC/47/CRP.1). Furthermore, the 2030 Agenda forSustainable Development and the Working Group of Experts on People ofAfrican Descent’s operational guidelines on the inclusion of people of African descent can assist in ensuring that people of African descent are not left behind in these processes.

The Secretary-General has also mentioned the right to development as a relevant framework for seeking redress for historic and contemporary injustices (A/74/308, para. 4). The need to develop programmes for the social and economic development of the societies and the diaspora that continue to sufferfrom the consequences of historical injustices is recognized in the Durban Declaration and Programme of Action. It further identifies a wide range of areas for partnership, some of which are included in the CARICOM ten-pointplan for reparatory justice.

 Some United Nations experts have raised concerns about development aid being used as a substitute for reparation programmes because the former does not usually acknowledge accountability, nor does it target victims specifically. Nevertheless, they noted that it could be part of a suite of reparatory measures for enslavement and colonialism if pursued in a manner that acknowledges the connection between contemporary structures of racial inequality and discrimination and their historical root causes (A/74/321, para. 54, and A/76/180, paras. 60 and 108). Such programmes should be based on the spirit of solidarity, mutual respect, equality and cooperation (A/CONF.189/12 and A/CONF.189/12/Corr.1, chap. I, para. 158, and A/74/308, para. 12).

 Among recent initiatives, Ecuador reported the adoption of the Integral Development of Afro-Ecuadorian and Montubio Peoples and Nationalities of Ecuador Plan 2022–2025.

Honduras reported the launching of the first scholarship programme in public higher education for indigenous and AfroHonduran peoples in 2022.

In Iraq, the Iraqi High Commission for Human Rights reported on educational and awareness-raising initiatives addressing racial discrimination in the Basra Governorate, which has the largest population of people of African descent.

In Mexico, the National Institute of Indigenous Peoples was established in May 2022 to guarantee the effective exercise of the rights of Indigenous and Afro-Mexican peoples.

When following a human rights-based approach, the collection of disaggregated data to reflect on the situation of people of African descent can also contribute to advancing reparatory justice. While it is not in itself a reparatory measure, it is a first step towards highlighting and addressing the linkages between legacies of the past and present manifestations of systemic racism and structural discrimination (A/77/333, para. 10, A/HRC/42/59, para. 77, A/HRC/51/55, para. 84, and A/HRC/54/68).