Public apology and acknowledgement.

 

Public apology, including acknowledgement of the facts and acceptance of responsibility, is another form of satisfaction under international human rights law (A/RES/60/147, annex, para. 22). United Nations experts have recommended that States consider initiatives to effectively acknowledge and apologize for the negative effects of past wrongs on people of African descent.34 In the Durban Declaration and Programme of Action and the programme of activities of the Decade, States are encouraged to express remorse or present apologies (A/CONF.189/12 and A/CONF.189/12/Corr.1, chap. I, paras. 13, 100 and 106, and A/RES/69/16, annex, para. 17 (i)). At the regional level, the Inter-American Court of Human Rights has also recognized public apologies as a form of satisfaction.35 Full formal apology is one of the measures identified in the CARICOM ten-point plan for reparatory justice.36 In its resolution of March 2019, the European Parliament encouraged member States to consider offering public apologies as a form of reparation (European Parliament resolution 2018/2899 (RSP), para. 8). 

To be fully effective as reparation and guarantee of non-repetition, the public apology should include a clear acknowledgement of the nature, scale, duration and impact of the harm inflicted, including its gender dimensions; the truthful admission of responsibility for the harm inflicted; and a clear statement of remorse and regret for the named harms. The language, style and context of the delivery should be carefully chosen. As stated by the Special Rapporteur on the promotion of truth, justice, reparation and guarantees of non-recurrence, the apology should be delivered by a person with the necessary leadership and credibility to represent those who inflicted the harms (A/74/147, paras. 51–56).

Prior engagement with those to whom the apology is addressed is a prerequisite to ensure that the apology is delivered with due respect, dignity and sensitivity to the victims and responds to their needs and expectation. Prior consultation with the apologizing constituency is also important (Ibid). Some States have taken steps in expressing apologies, regrets and acknowledgement for past harms resulting from enslavement and colonialism (A/HRC/47/CRP.1, paras. 258–263). On the 106th anniversary of the abolition of slavery in the Kingdom of the Netherlands, in July 2023, the King of the Netherlands apologized for his country’s historical involvement in slavery and the effects that it still has today. In December 2022, the Prime Minister had expressed an apology for past actions of the Dutch State to enslaved people, which had raised criticism regarding the extent of meaningful participation. In Portugal, in April 2023, the President affirmed that the State should apologize and assume full responsibility for colonialism and slavery.

 In the Bolivarian Republic of Venezuela, the Government initiated discussions with victims in May 2022 to prepare an official public acknowledgement for the forced eviction of the Afro-Araguan people of Turiamo.

In Belgium and the United Kingdom of Great Britain and Northern Ireland, questions were raised in the Parliaments on an official apology to the victims of colonialism and slavery, in December 2022 and April 2023 respectively, but no agreements were reached 

 In Colombia, the Truth Commission held a meeting in December 2022 where former members of the Revolutionary Armed Forces of Colombia – People’s Army recognized the violence committed against ethnic communities, including people of African descent.42 In 2021, the Mayor of Amsterdam apologized for the involvement of the city’s authorities in the slave trade (A/HRC/51/53, para. 57). 

Businesses, the media and universities have issued apologies, notably in France, the Kingdom of the Netherlands, the United Kingdom and the United States (A/HRC/47/CRP.1, paras. 260–265, and A/HRC/51/53, para. 59).