The committee calls on states to implement comprehensive restorative justice, combining compensation, restitution, rehabilitation and structural reform.
The passage of time cannot be an excuse for states to refuse to acknowledge these historical injustices or to adopt “appropriate measures in restorative justice and accountability for these crimes,” according to the committee.
Composed of 18 independent human rights experts elected for four-year terms, the committee’s main task is to examine periodic reports submitted by member states on steps taken to combat racism and discrimination.
He also advocates for comprehensive and far-reaching remedial measures, both financial, non-financial and structural, including restitution, compensation, rehabilitation, satisfaction and guarantees so that it does not happen again.
National plans and deadlines
“The elimination of racial discrimination will not be effective, complete, or sustainable without a full commitment to reviewing and redressing the harms and impacts resulting from the trade of enslaved Africans and racialized slavery,” the experts said in a statement.
To ensure the effectiveness of reparations, they advocated the implementation of a national action plan with specific deadlines, developed in consultation with communities of African descent and the committee responsible for reparations.
The committee also called on states to repeal or revise laws and policies that perpetuate racism or discrimination or that hinder restorative justice. This demands transformation of laws, policies, and institutions that continue to perpetuate racial disparities.
“Acknowledgment and apology must be accompanied by concrete actions and not replace other appropriate forms of redress,” the experts argued.
Private actors face responsibility
CERD also examines the responsibilities of other private and non-state actors, including religious organizations, universities, businesses, banks, insurance companies and other financial institutions that participated in, facilitated or profited from the trade in enslaved Africans.
The committee also called on states to ensure that such actors contribute effectively to restorative justice, in particular by recognizing their historical role, opening relevant archives and contributing to reparation measures “in a manner proportional to their involvement and the benefits they derive from such measures”.
The committee emphasized that this responsibility remains relevant: the devastating impacts associated with the trade of enslaved Africans and racialized slavery persist in the form of “systemic racial discrimination and structural inequality.”
Committee members specifically cited racial violence, stereotypes, and structural barriers that fuel disparities in education, health, economic mobility, and neighborhood safety.
This legacy of slavery is “reinforced by policies that perpetuate anti-Black racism.”
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