There is no delay in seeking reparations for slavery and genocide

Apr 14, 2014 News

– retired Canadian Judge

“There must be no delay in seeking justice where issues of human rights are concerned, particularly genocide or other related issues. There should be no time line for redress; no prescription,” explained prominent Judge (retired) Honourable Madame Justice Claire L’Heureux-Dubé when speaking on the topical issue of reparations for slavery and native genocide.

Former Canadian Judge (retired)/ Human rights and equality advocate Honourable Madame Justice Claire L’Heureux-Dubé

Justice L’Heureux-Dubé served as a justice on the Supreme Court of Canada from 1987 to 2002. She was the first woman from Quebec; (a French-speaking province in east-central Canada) and the second woman appointed to this position. She is a strong advocate for human rights and equality and was recently here in Guyana as a special guest speaker at a two-day colloquium with local judges, and some of their counterparts from Canada, the United Kingdom and the Caribbean Court of Justice.
She told Kaieteur News in an interview, that there is no time limit for redress for any injustice meted out to someone, especially when it infringes on their right as a human being. She was making particular reference to insinuations made internationally about the length of time that had gone by since the days of slavery, and that England, one of the culpable nations in the slave trade and native genocide had pointed out that there could be no case once a certain number of years have passed.
“They have the right to reparations, whatever time it is, because this affects human rights and it cannot be persuaded,” L’Heureux-Dubé pointed out. She noted however, that one cannot judge without proof, and “evidence is very necessary, though more difficult if it goes far back.”
L’Heureux-Dubé did submit that other means of proof have been used where Historians have been able to provide documented evidence, while elders have been able to give evidence in a matter that has great age. This she suggested may be useful in this case.
L’Heureux-Dubé posited further that the Caribbean people have a legitimate right to seek redress for slavery and native genocide.
The Caribbean is pursuing this with much vigour as every nation involved is gathering its evidence to take to Europe in June. It will be the first official approach to the former slave-owning nations to seek compensation for years of slavery and the death and wipe out of some indigenous clans of the West Indies.
The Caribbean Community has already secured the services of an English law firm if Europe is to deny the Caribbean’s claim. Leaders are hoping that the matter will not reach as far as the International Court, but already sanctioning on the matter without a formal approach, countries within the United Kingdom have indicated that “they will sternly resist paying reparations.”

Members and stakeholders of the reparations committee in a general meeting44

The law firm Leigh Day is channeling the Caribbean’s claim through the UN Convention on the Elimination of Racial Discrimination (Cerd), but it is sure to encounter difficulty especially since the UK accepts the jurisdiction of the International Court, but says only in cases relating to disputes arising no later than 1974 and those that do not involve Commonwealth or former Commonwealth countries.
The Local Reparations Committee is however working full speed ahead and is bent on having Guyana’s case sorted out before the European approach in June. The local team has been meeting weekly in compiling the country’s case, and this they say is despite the poor records that were kept by the English colonizers.