States must implement comprehensive reparatory justice for people and tribal communities of African descent

August 31, 2024

Washington, D.C. – On the International Day for People of African Descent, the Inter-American Commission on Human Rights (IACHR) calls on States to implement comprehensive reparatory justice measures for people and tribal communities of African descent, including official recognition of historic harms as well as the implementation of mechanisms to address the contemporary negative effects of these legacies.

Many Afro-descendant people and tribal communities continue to face barriers to the full enjoyment of their human rights due to structural racism and racial discrimination, and violence stemming from legacies of European colonization and chattel slavery in the Americas. Lasting challenges include police violence and disproportionate criminalization and incarceration of people of African descent; their limited access to quality education, health care, and other social services; and infringements by States and private actors on the collective property rights of Afro-descendant tribal peoples; among other impacts on human rights.

The Commission recognizes calls from individuals, civil society, and some States, particularly those of the CARICOM Reparations Commission, for multidimensional and comprehensive reparations for the historic human trafficking and enslavement of people of African descent. Comprehensive reparations are not solely monetary, nor do they end at a recognition of past harms, in addition, comprehensive reparations ensure accountability, serve justice, and achieve reconciliation through legal, political, and socio-economic mechanisms. Furthermore, as part of the Plan of Action for the Decade for Persons of African Descent in the Americas, the Commission is committed to facilitating dialogue on the matter.

The IACHR reiterates that States are required to implement policies and affirmative actions, such as mechanisms that promote equal opportunity, for people and tribal communities of African descent and eliminate mechanisms that sustain ethno-racial stereotypes. It also encourages States to ratify and implement the Inter-American Convention against Racism, Racial Discrimination and Related Forms of Intolerance as part of this effort.

The Commission commends the efforts of some States which have commenced research and implemented relevant legislative and political measures toward the achievement of reparatory justice. The IACHR calls on all States in the region to research and recognize their own historical context of slavery of African and Afro-descendant people, and implement comprehensive reparatory justice measures to ensure equality, non-discrimination, and the full enjoyment of human rights for people and tribal communities of African descent.

The IACHR is a principal and autonomous organ of the Organization of American States (OAS), whose mandate derives from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission is mandated to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS in this area. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 202/24

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