Last year, the African Union (AU) adopted the theme “Justice for Africans and People of African Descent Through Reparations,” which will be the focal point for the AU’s policy and programs for the year 2025. As the legislative body of the AU, the Pan-African Parliament (PAP) is expected tone at the centre of advancing and as the continental parliament sits for the first time this year, it is expected to actively engage in advocating for reparative justice by formulating policies and recommendations that address the legacies of slavery and colonialism. This involves collaborating with member states (represented by 5 MPs each) to harmonize laws and policies that facilitate reparations and promote human rights.

One example of harmonisation of laws and policies that facilitate reparations and promote human rights in Africa is the harmonisation of national legislatures with the African Union Transitional Justice Policy (AUTJP), adopted in 2019. The AUTJP provides a continental framework that guides African nations in developing laws and policies that address historical injustices, human rights violations, and reparations. It encourages member states to align national transitional justice mechanisms with African and international human rights laws. The policy explicitly recognizes reparations as a key pillar in addressing past injustices, including financial compensation, restitution of land, and symbolic reparations (such as formal apologies and memorials). Countries like South Africa and Rwanda have used transitional justice frameworks to implement reparations programs for apartheid victims and genocide survivors, respectively.

The policy also promotes truth commissions and reconciliation programs, ensuring that past human rights violations are acknowledged and addressed. This has inspired legal frameworks like The Gambia’s Truth, Reconciliation and Reparations Commission (TRRC), which recommended reparations for victims of the Jammeh dictatorship. The AUTJP aligns with the African Charter on Human and Peoples’ Rights and the Malabo Protocol, reinforcing justice and reparations within legal frameworks across African nations.

It must be considered that the African Union Transitional Justice Policy (AUTJP) has made some progress in promoting transitional justice initiatives across the continent, however it is generally considered unsuccessful due to weak implementation, lack of political will in member states, inadequate funding, and the complex nature of addressing past atrocities in diverse African contexts. 

The weak implementation of the African Union Transitional Justice Policy (AUTJP) can only be solved by enforcing the binding legislative authority for the PAP. Currently, PAP’s resolutions and recommendations are non-binding, limiting its power to enforce transitional justice measures. Push for the ratification of the Malabo Protocol, which would give PAP full legislative authority. Once empowered, pass AU-wide laws mandating transitional justice implementation in all member states. 

Leave a Reply

Your email address will not be published. Required fields are marked *