1 George Pavlu, "The first slavers", in New African, No. 379, 1999, p.17. 2 Patric Adibe and Osei Boateng, "Portugal, the mother of all slavers", in New African, No. 385, 2000, p.20. 3 Ekow Panyin, "The real mother of all slavers", in New African, No 385, 2000, p.22. 4 Basil Davidson, The African Slave Trade, New York, Bach Bay Books, 1980, pp. 83- 84. 5 Ibid., p. 279.
6 <www.unhchr.ch/html/racism/Durban.doc>. 7 Adam Hochschild, King Leopold's Ghost, London, Papermac,1998, p. 276. The Belgian scholar Jules Marchal has estimated the profit made by King Leopold II to be around 220 million francs ($1.1 billion in today's terms). According to Hochschild, when King Leopold II eventually sold Congo to the Belgian government in 1908, he received fifty million francs "as a mark of gratitude for his great sacrifices made for Congo" (see 7 259). 8 Ibid., p. 280. 9 Ibid., p. 277.
10 John Reader, Africa: A Biography ofthe Continent, London, Penguin Books,1998, p. 537. 11 Hochschild, op cit., p. 280. 12 Ibid., p. 282. '3 Adu Boahen (ed), General History of Africa Vol VII: Africa Under Colonial Domination 1880-1935, California, James Currey and UNESCO, 1990, p. 333. Produced by the UNESCO International Scientific Committee for the Drafting of a General History
of Africa. Chapter 30 discusses the impact and significance of colonialism in Africa in some detail. 14 Oguejiofor Okafor and Sheriffdeen Tella, "Economic Development and the Prospect for Economic Security in Africa" in Adebayo Oyebade and Abiodun Alao (eds.), Africa After the Cold War: The Changing Perspectives on Security, Asmara, World Press Inc., 1998, p. 24. 15 Reader, op. cit., p. 610. Based on the work of Leroy Vail (ed), The Creation of Tribalism in Southern Africa, London, James Currey, 1984, p. 7. 16 Ibid., pp. 611-616.
17 Ibid., pp. 667-672. For further reading see Guy Vassal-Adams, Rwanda - an Agenda for International Action, Oxford, Oxfam, 1994. 18 Boahen, op. cit., p. 329 19 Paragraph 1.
20 Davidson, op. cit., p.279. 21 Meek, Raphael and Stein (eds) Adam Smith Lectures on Jurisprudence (1978) p.5, cited by Carmen Nathan, Franscis Bosman" A.B Edward and Willy J. Hosten, Introduction to South African Law and Legal Theory, Durban, Butterworths, 1995, p. 26. 22 Herbert Hart, The Concept of Law, New York, Oxford University Press, 1994, p. 165.
z3 Baffour Ankomah, "It's time to pay", in New African, No. 377, 1999, p. 16. 24 Cameron Duodu, "The Asking Price: A cool $777 trillion", in New African, No. 379, 1999, p. 19. zs Ibid., p. 20. 26 Ibid., p. 20. The Herero people are said to have filed a lawsuit in Washington in June 2001 against three German companies, including the Deutsche Bank, for reparations for the extermination of 65,000 Hereros between 1904 and 1915. The Herero people are seeking $2 billion in reparations against these companies. See Michelle Hakata, "Hereros sue Germany for reparations", in New African, No. 399, 2001, pp. 12-13.
3Z It is now common cause that the issue of reparations has become a very controversial issue, with many states threatening to pull out of the conference if African states did not soften their positions. Many African states were lobbied and pressurised in this regard, and this led to several compromises; the Third World Conference Declaration and Programme of Action adopted by states bears out these compromises. South Africa itself did not want financial compensation for slavery but a partnership with Western states that would ensure the funding of the New African Initiative pioneered by President Mbeki and the Senegalese President, Abdoulaye Wade. See Pusch Commey, "Durban: Apology postponed", in New African, No. 400, 2001, p. 24. 33 Paragraph 43. 34 Paragraph 69. 3s Paragraph 71.
36 Paragraph 74. 3� Paragraph 237. 'a paragraph 238. '9 Paragraph 245. 40 Paragraph 246. 41 See Commission on Human Rights - E/CN.4/2000/62, 18 January 2000. According its resolution, E/CN. 4 DEC/2001/105, 25 April 2001, the Commission on Human Rights requested the UN High Commissioner for Human Rights to hold a consultative meeting to finalise the Principles and Guidelines and to transmit the outcome of such a consultation to the Commission at its fifty-eighth session. 42 «.unhchr.ch/html/racism/Durban.doc>.
47 According to the Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Violations of International Human Rights and Humanitarian Law, "compensation should be provided for economically assessable damage resulting from violations of international human rights and humanitarian law." See Commission on Human Rights E/CN.4/2000/62, 18 January 2000. 48 However, reparations for violations of international human rights and humanitarian law other that slavery and colonialism in Africa are allowed and recognised. Ibid. The doctrine of state responsibility under international law provides for reparations. See also Catherine Jenkins, "After the Dry White Season: The Dilemmas of Reparation and Reconstruction in South Africa", in South African Journal on Human Rights, Vol. 16, No. 3, 2000, pp. 417-422. 49 See David John Harris, Cases and Materials on International Law, London, Sweet & Maxwell, 1979, p. 397, and Donald Greig, International Law, London, Butterworths, 1976, p. 522, and Jenkins, ibid. 50 According to the latest draft of the Articles of the International Law Commission on State Responsibility, compensation is one form of reparations that an injured state is entitled to as a result of an international wrongdoing by another state. Referred to by Jenkins, ibid., p. 418. 51 Chorzow Factory Case (1928) A/17, p. 29 cited by Harris, op. cit., p. 43.
52 Allan Nevins and Henry Steele Commager, A Pocket History of the United States, New York, Washington Square Press, 1976, p. 85. s3 Hart, op. cit., p. 164. S4 Ankomah, "It's time to pay", op. cit., p. 16.
ss Hart, op. cit., pp. 161-162. sb Sub-Commission on Human Rights resolution 2001/1 E/CN.4/SUB.2/RES/2001/1, 6 August 2001. 57 First paragraph of the resolution, ibid. 58 Second paragraph, ibid.
59 Third paragraph, ibid. 60 Fifth paragraph, ibid. 61 Sixth paragraph, ibid. 62 Sub-Commission on Human Rights resolution 2001/1 E/CN.4/SUB.2/RES/2001/1, 6 August 2001.
63 This Commission on Human Rights decision 2001/105 of 23 April 2001 was endorsed by the Economic and Social Council in its fortieth plenary meeting: E/DEC/2001/279, 24 July 2001. 64 See paragraph 157 of the Programme of Action adopted by states at the Third World Conference Against Racism, op. cit. 65 See paragraph 158, ibid. 66 Adopted in Abuja, Nigeria in October 2001; details can be found at <www.mapstrategy.com>. 67 The Summit was the largest ever gathering of the world's leaders at that time. 68 <www.un.org/esa/socdev/wssd/agreements/decpartc.htm>. 69 Ibid.
70 <www.un.org/socialsummit/spcechcs /266saf.htm>. 71 «.un.org/socialsummidspeeches /306zim.htm>. 72 United Nations A/RES/S-24/2, 15 December 2000. Paragraph 37.
'3 Hochschild, op.cit., p. 294.
74 See paragraph 202 of NEPAD. 75 Davidson, op. cit., pp. 283-4. 76 Thomas Pakenham, The Scramble For Africa, Johannesburg, Jonathan Ball, 1991, p. 680.
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Current Claims, Regional Experiences, Pressing Problems: Identification of the Salient Issues and Pressing Problems in an African Post-colonial Perspective