Summary

This General Recommendation provides authoritative guidance on the legal basis for State responsibility to ensure reparatory justice for harms resulting from both direct and indirect involvement in the trafficking of enslaved Africans and racialized chattel slavery. It clarifies the obligations of States parties under the Convention and sets out a framework for addressing the enduring consequences of these historical injustices.

Trafficking of enslaved Africans and racialized chattel slavery inflicted grave and systematic harms, and their legacies remain reflected in contemporary infringements of the rights to security of person, liberty, equality before the law, and the full range of civil, political, economic, social and cultural rights protected under article 5 of the Convention. They continue to shape laws, policies and institutions in many societies.

Contemporary manifestations include:

• Racial profiling and the disproportionate use of force by law enforcement officials;
• Racial disparities within criminal justice systems;
• Discriminatory laws, policies and institutional practices affecting access to housing, education, employment and health care; and
• Persistent structural inequalities affecting people of African descent and other affected communities.

The General Recommendation recognizes that the elimination of racial discrimination cannot be effective, thorough or lasting without examining and redressing the harms and continuing consequences of colonialism, the trafficking of enslaved Africans and racialized chattel slavery.

Addressing these legacies is therefore not only a matter of historical recognition but also an essential requirement for achieving substantive equality and fulfilling States’ obligations under the Convention.

The General Recommendation affirms that meaningful redress requires more than acknowledgment of past wrongs. It calls for sustained action to address the continuing effects of historical injustices and to transform the structures that perpetuate racial inequality.

View call for input and invitation for feedback for this General Recommendation. View also the Thematic Discussion on this issue.