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Recognition of responsibility and reparation for massive
and flagrant violations of human rights which constitute crimes against humanity
and which took place during the period of slavery,
colonialism and wars of conquest
Sub-Commission on Human Rights resolution
2002/5 The Sub-Commission on the Promotion and Protection
of Human Rights,
Referring to its decision 2000/114,
and drawing the attention of the international community to the cases of massive
and flagrant violations of human rights which should be considered as crimes
against humanity and which have, to date, benefited from impunity, in spite of
the tragic suffering which slavery, colonialism and wars of conquest have
inflicted on numerous peoples in the world,
Recalling its
resolution 2001/1 of 6 August 2001,
Considering that it is not
possible to combat racism and racial discrimination, struggle against impunity
or denounce the human rights violations which persist in the world without
taking account of the deep wounds of the past,
Believing that, in
the framework of the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance, it was necessary that the international
community should consider the causes and consequences of those ills which,
historically, have been brought about largely by slavery, colonialism and wars
of conquest,
Believing also that the historic responsibility of
the relevant Powers towards the peoples whom they colonized or reduced to
slavery should be the subject of solemn and formal recognition and
reparation,
Recalling that this responsibility is all the more
well-founded since the periods of slavery and colonialism have brought about a
state of economic collapse in the countries concerned, serious consequences in
the social fabric and other tragedies which continue even today to affect entire
peoples throughout the world,
Considering that the solemn and
formal recognition of this historic responsibility towards the peoples concerned
should include a concrete and material aspect such as rehabilitation of the
dignity of the peoples affected, active cooperation in development not limited
to existing measures of development assistance, debt cancellation,
implementation of the "Tobin tax", technology transfers for the benefit of the
peoples concerned and progressive restoration of cultural objects accompanied by
means to ensure their effective protection,
Considering that it is
essential that the implementation of reparation should effectively benefit
peoples, notably their most disadvantaged groups, with special attention being
paid to the realization of their economic, social and cultural
rights,
Convinced that such recognition and reparation will
constitute the beginning of a process that will foster the institution of an
indispensable dialogue between peoples whom history has put in conflict, for the
achievement of a world of understanding, tolerance and peace,
1. Takes
note of the Declaration and Programme of Action adopted in Durban in
September 2001 at the World Conference against Racism, Racial Discrimination,
Xenophobia and Related Intolerance;
2. Takes note also of
Commission on Human Rights decision 2002/109 of 25 April 2002, in which the
Commission invites the Sub-Commission to give careful consideration to the
Durban Declaration and Programme of Action and to play a complementary role in
the realization of the objectives of the World Conference;
3.
Requests all the countries concerned to acknowledge their historical
responsibility and the consequences which follow from it to take initiatives
which would assist, notably through debate on the basis of accurate information,
in the raising of public awareness of the disastrous consequences of periods of
slavery, colonialism and wars of conquest and the necessity of just
reparation;
4. Recommends that the public recognition of the slave
trade and slavery as crimes against humanity should include the establishment of
a common date to commemorate every year, both in the United Nations and in all
States, the abolition of the slave trade and slavery;
5.
Emphasizes the importance for school curricula, university training and
research, as well as the media, to place adequate emphasis on the recognition of
the flagrant and massive human rights violations which occurred during the
period of slavery, colonialism and wars of conquest, and to develop human rights
training programmes;
6. Recommends that international, national or
local initiatives, particularly those in the field of history and culture,
involving museums, exhibitions, cultural activities and twinning projects,
should help to contribute to this raising of collective awareness;
7.
Considers that crimes against humanity and other flagrant and massive
violations of human rights, to which statutes of limitation do not apply, should
be prosecuted by the competent courts;
8. Requests the United
Nations High Commissioner for Human Rights to initiate, in a concerted fashion,
a process of reflection on appropriate procedures for guaranteeing the
implementation of the present resolution, in particular with regard to
acknowledgement and reparation;
9. Decides to remain seized of
this question at its fifty-fifth session.
18th meeting 12 August 2002 [Adopted
without a vote. See chap IV.]
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Human Rights
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