The United Nations Committee on the Elimination of Racial Discrimination (CERD) has issued a groundbreaking statement, asserting that countries have a legal obligation to address the lasting impacts of the transatlantic slave trade. This call to action, published on August 22, 2026, marks a significant shift in the global conversation about reparations and racial justice.
The committee’s guidance is rooted in the 1965 International Convention on the Elimination of All Forms of Racial Discrimination, emphasizing that current international obligations require states to tackle the continuing effects of historical injustices. This approach challenges the long-standing debates over historical responsibility that have often hindered reparations claims.
The paradigm shift in reparations discourse
The CERD document represents a paradigm shift in how the international community views reparations. It argues that the intertemporality principle which some states have used to evade responsibility by claiming that slavery was not illegal under the laws of the time, is no longer a valid defense. Instead, the committee emphasizes that present-day obligations under international law require comprehensive reparatory measures.
At least 12.5 million Africans were forcibly displaced between the 15th and 19th centuries, making the transatlantic slave trade the largest forced displacement in history. The committee’s statement underscores the need for transformative measures that go beyond financial compensation, including opening archives, revising public memorials, and establishing independent truth commissions.
Comprehensive restorative justice
The committee is calling on states to implement comprehensive restorative justice measures, combining compensation, restitution, rehabilitation, and structural reforms. These measures aim to address the systemic racial discrimination and structural inequalities that persist today. The committee’s statement emphasizes that acknowledgments and apologies should be accompanied by concrete actions rather than replacing other forms of redress.
To ensure the effectiveness of reparations, the committee advocates for the implementation of national action plans with specific deadlines. These plans should be developed in consultation with people of African descent and the committees in charge of reparations. The committee also calls on states to repeal or revise laws and policies that perpetuate racism or discrimination or that obstruct restorative justice.
The role of private actors
The committee’s statement also highlights the responsibility of private and non-state actors, including religious organizations, universities, businesses, banks, insurers, and other financial institutions that participated in, facilitated, or profited from the trafficking of enslaved Africans. The committee calls on states to ensure that these actors contribute effectively to restorative justice by recognizing their historical role, opening relevant archives, and contributing to reparation measures in proportion to their involvement and the benefits they derived.
The committee’s statement underscores the ongoing relevance of these responsibilities, noting that the harms linked to the trafficking of enslaved Africans and racialized slavery persist in the form of systemic racial discrimination and structural inequalities. These legacies of slavery have been reinforced by policies perpetuating anti-Black racism, fueling disparities in education, health, economic mobility, and environmental security.
Global momentum for reparations
Calls for reparations have gained momentum internationally, with various countries and institutions recognizing the need to address the enduring legacy of the transatlantic slave trade. However, opponents argue that states and institutions should not be held responsible for historical crimes. The committee’s statement aims to provide a clear legal framework for reparations, emphasizing that the passage of time cannot serve as a pretext for refusing to recognize historical injustices or adopt appropriate measures of restorative justice and accountability.
In a statement marking the International Day of People of African Descent, the committee urged governments to combine compensation, restitution, and rehabilitation with structural reforms aimed at addressing the continuing effects of historical injustices. The committee’s call for action reflects a growing global consensus on the need for reparations to address the enduring impacts of the transatlantic slave trade.
