Reparations for colonial crimes in Latin America

• In Event: Atrocity Crimes: New Challenges and New Approaches of Transitional Justice (ECACTJ)

Abstract

Claims for financial reparations for colonial crimes have been discussed in several countries, including the struggle of the Mau Mau in Kenya against England and the ongoing claims of the Herero and Nama communities in Namibia against Germany. In the same vein, various actors within the UN have advocated the use of transitional justice for colonial crimes.
In Latin America, the debate on historical justice is now beginning. In terms of concrete policy proposals, it is noteworthy that at the end of 2002, Francia Marquez, Vice-President of Colombia, proposed the possibility of demanding historical reparations from the colonising powers, albeit specifically for Afro-descendants, which means that the broader discussion on the crimes of colonisation other than slavery (plundering of natural resources, trafficking, exploitation and killing of Indigenous Peoples) is still pending.
Upon this background, I will examine previous experiences of reparations for colonial crimes to analyze if/how they can contribute to the nascent discussion in Latin America. Based on the comparative overview, the article will explore key questions that have yet to be addressed. These include: Are there experiences of restitution and reparations claims in Latin America? Who would be the legitimate actors to advance the claim? Who would be the actors to whom the claim would be addressed? What is the most feasible way to claim reparations? Are there specific objects still in the hands of the former colonial powers that could be returned to their rightful owners? Could a claim be made at Community, national or Latin American level? Overall, the study will expand the discussion on decolonizing transitional justice by focusing on the colonization of Latin America and the still to come discussion on historical reparations.

Author

• Valeria Vegh Weis, Buenos Aires University