NewsPush for international tribunal on transatlantic slavery gains momentum

Push for international tribunal on transatlantic slavery gains momentum

The idea of establishing a tribunal for transatlantic slavery is coming back

Images source: © X

4 April 2024 19:38

There's growing support among African and Caribbean nations for the idea of establishing an international tribunal for transatlantic slavery. Last year, this proposal was put forward to model it on other international courts, like the International Military Tribunal in Nuremberg, set up after World War II to judge war criminals.

In June of last year, the United Nations Permanent Forum on People of African Descent recommended establishing a special tribunal for slavery. Eric Phillips, vice-chair of the CARICOM reparations commission in the Caribbean Community, mentioned that this idea was discussed among African and Caribbean regional bodies.

The scope of the tribunal's action was not specified, but the UN Forum suggested in a preliminary report that it should address reparations for slavery, apartheid, genocide, and colonialism. It's important to remember that from the 15th to the 19th century, at least 12.5 million black Africans were forcibly transported by ship, mainly under European, but also American and Brazilian, flags and sold into slavery.

Supporters, including CARICOM and the African Union (AU), which includes 55 countries across the continent, are working to garner broader support for creating a tribunal for slavery among UN members.

Those advocating this body argue it would help establish legal norms for addressing complex international and historical reparatory claims. However, there is opposition. A common belief among opponents is that contemporary states and institutions should not be held responsible for historical slavery.

Is it possible to establish a new tribunal?

The people behind the international tribunal for slavery are aware of the challenges. For instance, Martin Okumu-Masiga, Secretary-General of the African Judges and Lawyers Forum, advises the AU on reparations and discusses the "huge obstacles" involved.

An obstacle could be the lack of agreement from states involved in the trade of enslaved people. Notable examples in Europe were Portugal, which enslaved 6 million Africans, and Great Britain (3.2 million people). Those who survived the brutal journey faced inhumane conditions working on plantations, mainly in Brazil, the Caribbean, and the United States, while whites profited from their labour.

Another significant problem is the legal complexities in identifying responsible parties and determining remedies. The issue is that no one directly responsible for transatlantic slavery is alive today.

These events happened many years ago, and historical records and evidence can be difficult to obtain or even verify – Okumu-Masiga, quoted by Reuters, said.

When asked about establishing a tribunal for transatlantic slavery, the representatives of the British Foreign Office stated that there was no plan for reparations. Instead, past wrongs should be addressed by learning from history and addressing "today's challenges."

Proponents of reparations claim that Western countries and institutions still benefit from the wealth generated by slavery and should be held accountable, especially considering the continuing legacy of racial discrimination.

The tribunal would help establish an "official record of history" – said Brian Kagoro, a lawyer from Zimbabwe, who has advocated for reparations for over two decades.