08/09/2021
Jamaica’s Petition and discussions on Reparations
Jamaica’s government is preparing a petition to be approved by legal teams and Jamaica’s National Commission on Reparations before submission to Her Majesty Queen Elizabeth and the UK government. The petition requests compensation of £7.6 billion as reparations for slavery and the contemporary consequences. The UN World Conference Against Racism, Racial Discrimination, Xenophobia, and Related Intolerance in 2001 declared slavery to be a crime against humanity, nevertheless, reparations have historically been an area of controversy and this conference acted as a catalyst for many reparative initiatives to come.
What are reparations?
Reparations are actions to rectify past grievances and violations. REDRESS (2013, p. 10) claims that reparations serve multiple purposes: respects the rights of the victim(s), supports recovery, reform, and ‘public acknowledgement of wrong-doing’. Furthermore, the UN Basic Principles and Guidelines, principle 10 (REDRESS, 2013, p. 39) declares that reparations need to be:
‘[a]dequate, effective and prompt and intended to promote justice by redressing gross violations of international human rights law or serious violations of international humanitarian law. Reparation should be proportional to the gravity of the violations and the harm suffered.’
Moreover, five forms of reparations have been identified: restitution, compensation, rehabilitation, satisfaction and guarantees of non-repetition.
Restitution: reparations that restore victims’ liberty to how they were before any violation(s) was committed
Compensation: reparations that are financially proportional to any violation(s) committed
Rehabilitation: reparations that provide the victim(s) with medical and psychological care and services
Satisfaction: reparations that include the perpetrator publicly admitting to the violation(s) and taking accountability
Guarantees of non-repetition: reparations that address and reform practices that enabled the violation(s) to be committed
These five forms of reparations are for direct and indirect victims as any violation(s) can cause harm beyond the initial action. Nonetheless, in cases of reparations, proof of relationship to direct victim (e.g. children, marital partner) and proof of harm is required.
Reparation Debates
Jamaica alerting to the formation of a petition has encouraged discussions on reparations for CARICOM (Caribbean Community) members. To contextualise, Jamaica is predominantly requesting reparations in the form of compensation, the £7.6 billion mentioned above. However, the Caricom Reparations Commission (2021) has invited European governments to participate in the Caricom Reparations Justice Program (CRJP) for Caribbean member states where they have devised a 10 Point Reparations Plan including steps like a ‘full formal apology’, ‘repatriation’, ‘Indigenous peoples development program’, ‘illiteracy eradication, and ‘debt cancellation’. The arguments of the UK government and Human Rights advocates will be outlined as an introduction to debates around reparations for slavery.
Past cases
There are two notable cases of reparations: 1) where Haiti paid 150 million gold French francs to recognise Haiti as independent from France in 1825, and 2) where Britain paid £20 million (£1 billion today) to slave owners to compensate the abolition of slavery in 1834.
The UK Government Treasury tweeted in 2018 that the £20 million borrowed as compensation was paid off in 2015 by taxpayers, the loan companies are yet to be disclosed. Fowler (2020), a researcher for Tax Justice Network, comments that “a nation that doesn’t understand its past can’t understand its present, and how the legacy of slavery and empire remain at the heart of British life today.” For example, in this instance, descendants of enslaved Africans in the UK that pay taxes may have helped pay the compensation for slave owners highlighting wrongful contributions of indirect victims. Moreover, such descendants are not given (in)direct victim status perpetuating how ignoring/misunderstanding history is part of the UK’s legacy.
UK Government arguments
The UK has never made a full formal apology for their role in the slave trade, rather UK Prime Ministers Tony Blair expressed a “deep regret” and David Cameron claimed that Jamaica should “move on” as slavery was not a crime at the time (Human Rights Watch, 2020). The UK is responsible for 3.1 million African people being enslaved and codifying racial differences to justify such violations. For the Caribbean, this has led to many economic and social issues including illiteracy and poor overall health. Downing Street stated that Cameron ‘does not believe reparations or apologies for slavery are the right approaches, despite being an indirect beneficiary of the slave owner compensation from 1834 as an ancestral link to a slave trader, General Sir James Duff (Mason, 2015). Oona King, former UK MP, infers that UK Prime Ministers do not issue a full formal apology because that builds foundations for reparation claims.
Human Rights arguments
Human Rights Watch and REDRESS recognise reparations as a basic human right, but practices are unsatisfactory. While mass human rights violations like slavery are challenging due to the number of victims and how to quantify compensation amounts, REDRESS (2013, p. 81) reiterate that
‘Collective reparation for a group affected by human rights violations should take into consideration the socio-cultural characteristics of the group so as to ensure that collective reparation measures are adequate and proportionate to the harm suffered.’
Therefore, in accordance to the different types of reparations, compensation is not the main form required, thus aligning with CRJP’s 10 Point Reparations Plan. The UK, and other European nations, are responsible for the destabilisation of African and Caribbean countries, therefore reparations of different forms are mandatory. Lord Anthony Gifford (Shepherd, 2014) discloses legal premises of reparations: ‘enslavement was and is a crime against humanity; the right to reparation is recognised by international law; there is no legal barrier to prevent those who still suffer the consequences of enslavement from claiming reparation even though the crimes were committed against their ancestors; there is no statute of limitation and there is precedent.’ The perpetrators should listen to those who recognise the historic effects by slavery, such as CRJP.
In conclusion, the fate for reparations lies in the hands of European powers as they dictate whether to adhere to current and future requests for reparations. By rejecting accountability, European countries fail to redress the consequences of enslaving millions as seen with failures to deliver public apologies. Consequently, in order for affected countries to “move on”, reparations are a necessity to formally acknowledge breaches of human rights and attempt to atone for such violations.
Copyright Human Rights International