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Legalbrief   |   your legal news hub Thursday 31 October 2024

Commonwealth heads agree to reparations dialogue

Commonwealth leaders have agreed the ‘time has come’ for a conversation about reparations for the slave trade, despite the UK's desire to keep the subject off the agenda at a summit in Samoa. Legalbrief reports that the 15-country Caribbean Community has long proposed a resolution to the trans-Atlantic slave trade, and they have the support of African countries at the Commonwealth Heads of Government Meeting (Chogm). In a communique released on Saturday, heads of government noted ‘calls for discussions on reparatory justice with regard to the transatlantic trade in enslaved Africans and chattel enslavement’ and ‘agreed that the time has come for a meaningful, truthful and respectful conversation towards forging a common future based on equity.’

The document signed by 56 heads of government, including UK Prime Minister Sir Keir Starmer, acknowledges calls for ‘discussions on reparatory justice’ for the ‘abhorrent’ transatlantic slave trade. The statement says it is time for a ‘meaningful, truthful and respectful conversation’. BBC News reports that Starmer said there had been no discussions about money at the meeting, and that the UK was ‘very clear’ in its position that it would not pay reparations. He said Commonwealth leaders had a ‘positive two days’ in Samoa and downplayed the prominence of reparations at the summit. ‘None of the discussions have been about money. Our position is very, very clear in relation to that,’ he said. The UK has faced growing calls from Commonwealth leaders to apologise and pay reparations for the country’s historical role in the slave trade. Last year, a UN judge said the UK likely owed more than £18trn in reparations for its role in slavery in 14 Caribbean countries. But reparatory justice could also take the form of a formal apology, educational programmes or public health assistance.

King Charles acknowledged ‘painful aspects’ of Britain’s past while sidestepping calls to directly address reparations for slavery at the summit, saying ‘none of us can change the past, but we can commit … to learning its lessons’. The Guardian reports that some leaders attending Chogm had hoped that Charles might use his opening address as an opportunity to issue an apology for Britain’s colonial past, and that this year’s summit would commit to a discussion on the topic of reparatory justice. Charles seemed to acknowledge the concerns of leaders, but did not directly engage with the issue. ‘Where inequalities exist … we must find the right ways and the right language to address them. As we look around the world and consider its many deeply concerning challenges, let us choose within our Commonwealth family, the language of community and respect and reject the language of division.’ 

Commonwealth members have appointed Ghana’s Foreign Minister, Shirley Ayorkor Botchwey, as the new secretary general. The Guardian reports that Botchwey, a former lawmaker who has served as Ghana’s Foreign Minister since 2017, has also supported calls for reparations for transatlantic slavery and colonialism – a position that was also shared by the two other candidates who had vied for the position. Botchwey said she was ‘truly humbled’ to have been selected, adding ‘the work indeed lies ahead’. At a debate at London’s Chatham House last month, Botchwey said she stood for reparations, and that the Commonwealth could have a role to play if the member states request a ‘common voice’ on the issue. She said reparatory justice was not only about financial payments but also support to tackle the climate crisis and build countries’ economic resilience. Botchwey has also backed the drafting of a free trade agreement among Commonwealth member states. Botchwey, who studied in Ghana and the UK, is a trained lawyer and politician. As Foreign Minister, she chaired the council of ministers of the 15-member economic Community of West African states (Ecowas) and steered Ghana’s two-year tenure on the UN security council, which ended in December 2023.

The heads of government of Commonwealth powerhouses SA, Canada and India were not in attendance. And neither was the Prime Minister of Sri Lanka; a country which has applied for Brics Plus membership. In contrast, notes a Sunday Tribune analysis, the Brics Plus nations saw a breakthrough in the impasse between China and India last week. The association portrays itself as a champion on the issues of human rights, climate change and justice. ‘Little wonder, the South African Government deployed Deputy Minister of International Relations & Co-operation Thandi Moraka to the Samoa gathering. The Commonwealth therefore stands the distinct chance of becoming a relic of the past, and without the late Queen Elizabeth II, serious issues and spats will certainly continue to linger. As South Africans, we can certainly acknowledge the courage of the late queen in taking up the fight against apartheid in contrast to her then-emboldened Prime Minister Margaret Thatcher. The Commonwealth has played an important role in the past, especially in building partnerships among member states, ensuring youth development and, in our case, fighting apartheid. Yet unless its new head, King Charles III, and the new African secretary-general elected can reinvigorate the institution, it may just become a relic of the past.’