The identification of contemporary forms of slavery is often problematically demarcated by reference to transatlantic enslavement as the definitive archetype. Such an approach overlooks other historic slaveries and neglects the totality of the maangamizi—the African holocaust. This article addresses the problematics of positioning the transatlantic system as the paradigm and unpacks the constituent elements of de jure slavery to construct an understanding of slavery as a condition as well as a status. By identifying the core features of de jure chattel slavery through time, this paper displaces the assumption that legal status is determinative, giving meaning to the concept of slavery in the contemporary world.
The debate around reparations for the transatlantic slave trade has been discussed for centuries with no end in sight. This article does not intend to cover the historical or political aspects of this debate, but instead to shed more light on the legal options with regards to reparations. In particular this article examines the role of politically negotiated reparations in transitional societies and the limits of avenues of redress in international law. Key to such discussions is the identification of eligible victims and appropriate measures of redress from responsible actors. With the so-called ‘transatlantic slave trade’ the passage of time has strained legal principles of causation to identify those victimised by atrocities of the past. Instead this article argues that reparations beyond the international law construct can be politically negotiated to at least acknowledge the past and offer some symbolic measures of redress to victimised populations of transatlantic enslavement.
One of the biggest failings of contemporary regimes governing human exploitation is their treatment of ‘victims’. This paper roots narratives of victimhood and agency in the legal frameworks through analysis of the right to effective remedy in human rights and international law. Dominant characterisations of ‘victimisation’ are problematised and an alternative formulation - the ‘victim-agent’ - proposed in order to recognise agency and its abrogation, advocate for participation consistent with the demands of procedural justice, and contribute to meaningful redress.
This chapter explores reparations theory and practice in the context of transitional justice, accounting for the potential for the case for reparations for transatlantic enslavement to be decided through extralegal mechanisms. As the framework in which many reparatory justice programs have been delivered in practice, learning from this context provides important insights for considering reparations for slavery. This chapter examines the nature, objectives, and elements of reparatory justice in transitional justice, identifying similarities and departures from the international legal frameworks. It therefore provides insights into approaches to reparations that may be pursued in responding to transatlantic enslavement and other historic injustices, where legal mechanisms cannot, or do not, operate. It further highlights the relevance of reparatory transitional justice for the international legal system as a whole, in light of the injustices at the root of this system.
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