The Sub-Commission on the Promotion and Protection of Human Rights
Referring to its decision 2000/114, and drawing the attention of the
international community to the cases of massive and flagrant violations of
human rights which should be considered as crimes against humanity and which
have, to date, benefited from impunity, in spite of the tragic suffering which
slavery, colonialism and wars of conquest have inflicted on numerous peoples in
the world,
Recalling its resolution 2001/1 of 6 August 2001,
Considering that it is not possible to combat racism and racial
discrimination, struggle against impunity or denounce the human rights
violations which persist in the world without taking account of the deep wounds
of the past,
Believing that, in the framework of the World Conference against Racism,
Racial Discrimination, Xenophobia and Related Intolerance, it was necessary
that the international community should consider the causes and consequences of
those ills which, historically, have been brought about largely by slavery,
colonialism and wars of conquest,
Believing also that the historic responsibility of the relevant Powers
towards the peoples whom they colonized or reduced to slavery should be the subject
of solemn and formal recognition and reparation,
Recalling that this responsibility is all the more well-founded since
the periods of slavery and colonialism have brought about a state of economic
collapse in the countries concerned, serious consequences in the social fabric
and other tragedies which continue even today to affect entire peoples
throughout the world,
Considering that the solemn and formal recognition of this historic
responsibility towards the peoples concerned should include a concrete and
material aspect such as rehabilitation of the dignity of the peoples affected,
active cooperation in development not limited to existing measures of
development assistance, debt cancellation, implementation of the "Tobin
tax", technology transfers for the benefit of the peoples concerned and
progressive restoration of cultural objects accompanied by means to ensure
their effective protection,
Considering that it is essential that the implementation of reparation
should effectively benefit peoples, notably their most disadvantaged groups,
with special attention being paid to the realization of their economic, social
and cultural rights,
Convinced that such recognition and reparation will constitute the
beginning of a process that will foster the institution of an indispensable
dialogue between peoples whom history has put in conflict, for the achievement
of a world of understanding, tolerance and peace,
1. Takes note of the Declaration and Programme
of Action adopted in Durban in September 2001 at the World Conference against
Racism, Racial Discrimination, Xenophobia and Related Intolerance;
2. Takes note also of Commission on Human Rights decision 2002/109 of 25
April 2002, in which the Commission invites the Sub-Commission to give careful
consideration to the Durban Declaration and Programme
of Action and to play a complementary role in the realization of the objectives
of the World Conference;
3. Requests all the countries concerned to acknowledge their historical
responsibility and the consequences which follow from it to take initiatives
which would assist, notably through debate on the basis of accurate
information, in the raising of public awareness of the disastrous consequences
of periods of slavery, colonialism and wars of conquest and the necessity of
just reparation;
4. Recommends that the public recognition of the slave trade and slavery
as crimes against humanity should include the establishment of a common date to
commemorate every year, both in the United Nations and in all States, the
abolition of the slave trade and slavery;
5. Emphasizes the importance for school curricula, university training
and research, as well as the media, to place adequate emphasis on the
recognition of the flagrant and massive human rights violations which occurred
during the period of slavery, colonialism and wars of conquest, and to develop
human rights training programmes;
6. Recommends that international, national or local initiatives,
particularly those in the field of history and culture, involving museums,
exhibitions, cultural activities and twinning projects, should help to
contribute to this raising of collective awareness;
7. Considers that crimes against humanity and other flagrant and massive
violations of human rights, to which statutes of limitation do not apply,
should be prosecuted by the competent courts;
8. Requests the United Nations High Commissioner for Human Rights to
initiate, in a concerted fashion, a process of reflection on appropriate
procedures for guaranteeing the implementation of the present resolution, in
particular with regard to acknowledgement and reparation;
9. Decides to remain seized of this question at its
fifty-fifth session.
18th
meeting
[Adopted without a vote. See chap IV.]
JUBILEE SOUTH AFRICA STATEMENT ON
REPARATIONS
Issue date:
2003-07-24
In order to secure reparations at a level
able to redress the
damage of Apartheid and racial oppression
in all its manifestations,
for all those affected, Jubilee South
Africa, together with its
partners in the popular movement, will
initiate hearings where
communities can express and define the
scale and nature of reparations
that satisfactorily address the past. This
process will culminate
in a People's Tribunal that will determine
the people, institutions
and businesses that must make reparations
and the forms that
these should take. In order to pressure big
business into meeting
their responsibility to make reparations,
Jubilee, with its partners,
will undertake a name and shame campaign
against the monopolies
that were fundamental to the apartheid
system. In addition, we
will identify specific companies and
products that symbolise
the role these corporations played in
facilitating the development
of apartheid, which will be targeted in a
consumer boycott.
Jubilee
Statement from reparations gathering of 18
and 19 July
Reparations Yes! Reparations Yes!
Reparations Yes!
This gathering of Jubilee South Africa,
together with partners
of the popular movements and other organisations of civil society,
meeting at Technikon
SA from 18 to
the issue of reparations is rooted in the
oppression, exploitation
and systematic dispossession of our people.
The TRC, because
of its limited terms of reference, was not
able to consider the
nature and scope of reparations in a
systematic and comprehensive
way. It was thus unable to redress the
legacy of Apartheid and
racial oppression.
The TRC has unfinished business, especially
in relation to big
business, both foreign and national. We
reaffirm the right and
legitimacy of oppressed communities and
their organisations to
implement a range of initiatives to ensure
more far-reaching
forms of reparations, including legal
claims in foreign and South
African courts. In this respect, this
gathering gives support
to the current court cases being undertaken
in the
courts.
In order to secure reparations at a level
able to redress the
damage of Apartheid and racial oppression in
all its manifestations,
for all those affected, Jubilee, together
with its partners in
the popular movement, will initiate
hearings where communities
can express and define the scale and nature
of reparations that
satisfactorily address the past.
This process will culminate in a People's
Tribunal that will
determine the people, institutions and
businesses that must make
reparations and the forms that these should
take.
In order to pressure big business into
meeting their responsibility
to make reparations, Jubilee, with its
partners, will undertake
a name and shame campaign against the
monopolies that were fundamental
to the apartheid system.
In addition, we will identify specific
companies and products
that symbolise
the role these corporations played in facilitating
the development of apartheid, which will be
targeted in a consumer
boycott.
The broader conference that has been called
for later this year
by the churches amongst others, must be
based on clear principles,
including the need for reparations to
comprehensively address
the damage done and the right of those
struggling for reparations
to use the courts of law to this end.
We see this conference as a step in the
process towards a popular
tribunal and the intensification of campaigning
activity towards
the realisation
of reparations.
We believe that it is important that the
demand for reparations
must be integrated into the ongoing
struggles and campaigns within
popular civil society that will give the
issue of reparations
the necessary weight and importance and
locate reparations within
the increasing challenge to neoliberal policies.
Furthermore, we recognise
that our struggle for reparations is
part of a broader struggle of the people of
reparations for Apartheid destabilisation and other forms of
racial and neoliberal
damage. We stand fully in support of these
struggles and demands.
The gathering included participants from
the following organisations:
Alternative Information and Development
Centre
Anti-Privatisation
Forum
Ceasefire
Concerned Citizens Forum
Earthlife Africa Ethikwini
Ecopeace
Environmental Justice Networking Forum
Fairshare
Freedom of _Expression Institute
Green Network
Inanda Dam affected communities
SACBC - Justice and Peace
Khanya College
Landless People's Movement
LCLT
PACSA
Popcru
RDSN
Samancor Retrenched Workers Crisis Committee
Sangoco
Soweto Electricity Crisis Committee
Young Christian Workers
Youth for Work
For further details, contact Jubilee
Chairperson MP
Giyose
082 350 0361/011 403 7624,
or Jubilee General Secretary George Dor
011 648 7000