The African Holocaust: Should Europe
Pay Reparations to Africa for
Colonialism and Slavery?*

ABSTRACT
For many people of European descent, slavery is little more
than an unpleasant memory of a bygone and distant era, largely
remembered more for the glory of empires lost and faded dreams
of conquest and exploration. For many Africans and African
Americans, however, slavery remains an unhealed wound that
is frequently, if not constantly, reopened by feelings of continued
oppression, manipulation, and discrimination. These disparate
views clashed most recently at the U.N. World Conference
Against Racism, held in Durban, South Africa in September of
2001.

Inspired by the U.N. Conference in Durban, this Note
analyzes the potential for reparations between European and
African countries as a possible solution to the lingering issues of
slavery and colonialism. It does not argue for or against
African reparations. Rather, this Note traces the historical
development of the reparations concept through treaties and
judicial action and addresses the legal and practical viability of
reparations for African states.

Throughout the analysis, this Note emphasizes the moral
forces that permeate this area of international law. The law
among states is largely defined by changing humanitarian
ideals. Although this Note does not attempt to critique the
1314 VANDERBILT JOURNAL OF TRANSNATIONAL LAW [Vol. 35:1313
ultimate merits of these humanitarian arguments, it recognizes
that their influence must be considered to properly evaluate the
potential for African reparations.

By evaluating the legal avenues and pitfalls for African
reparations, this Note seeks to advance the reparations
discussion toward a permanent solution that is acceptable to all.
Compensation for the oppressed is not the objective; nor is
absolution for the oppressors. The real goal should be a lasting
peace, devoid of both feelings of victimization and of undue
blame. Humanity must find a way to put the issues of slavery
and colonization to rest. Only by understanding the moral
forces behind the dynamic concept of international human
rights can a resolution that does not inspire future resentment
be found.

To that end, this Note evaluates the development of the
reparations concept since World War II regarding the Nazi
Holocaust and other human rights violations. It discusses
actions under the Alien Tort Claims Act and the Foreign
Sovereign Immunities Act in light of judicial obstacles such as
the Act of State Doctrine, the Nonjusticiable Question Doctrine,
and the statute of limitations. Throughout the discussion, this
Note brings to light the underlying sentiments that motivate the
pursuit of reparations, encourage or discourage resolution by
treaty or judicial settlement, and continue to inspire feelings of
resentment and subjugation. Finally, this judicial and moral
framework is superimposed onto African reparation claims for
slavery and colonization to evaluate possible solutions through
treaties or judicial action.

________________________________________________________________
* The Author’s use of the term “African Holocaust” is not in any way intended to
discount the importance of the Jewish Holocaust. In this instance, the Author uses the
term to simultaneously recognize the extent of African suffering during the slave trade,
and to signal to the reader that a comparison of the two genocidal events will comprise
a significant part of this Note.

At the time of publication for this Note, the authors of four previous law review
articles used the term “African Holocaust.” See Eric K. Yamamoto, Racial Reparations:
Japanese American Redress and African American Claims, 40 B.C. L. REV. 477 (1998);
El-Obaid Ahmed El-Obaid & Kwando Appiagyei-Atua, Human Rights In Africa—A
New Perspective On Linking The Past To The Present, 41 MCGILL L.J. 819 (1996);
Tuneen E. Chisolm, Sweep Around Your Own Front Door: Examining the Argument
For Legislative African American Reparations, 147 U. PA. L. REV. 677 (1999); David
Abraham & Kimberly A. McCoy, Dealing With Histories of Oppression: Black And
Jewish Reactions To Passivity And Collaboration In William Styron’s Confessions of
Nat Turner And Hannah Arendt’s Eichmann In Jerusalem, 2 RUTGERS RACE & L. REV.
87 (2000).

Development

Although the beginnings of civilization of each country vary in time, the fundamental factors which gave impetus to each country to awaken and embark on the road to progress to reach their present level of development, are those qualities which are enshrined in the nature of man, namely desire and fortitude.

The partner who places his own short-range ambitions ahead of the long-range interests of the partnership has embarked on a course which will ultimately result in the dissolution of the partnership itself.

It is by the understanding of past difficulties that we can bequeath fundamental guidance which would be of pride to the coming generations we therefore urge our people to struggle and to make sacrifices for those things which will enable them to ameliorate their conditions of life and leave a richer heritage.

Economic Development

Where enterprise and initiative are not lacking, the pace at which the growth of a country's economy normally proceeds can be quickened or slackened by global developments far or near. In our effort to raise the living Standard of our beloved people, in our endeavour to bring prosperity to our country, the feeling of cooperation and understanding has always characterized our people.

A special case is the recent development in certain provinces where the people are seen voluntarily raising funds to build schools, clinics, roads and similar other projects.

What can give one more pleasure than to see such a measure of self-help in one's life time, for the prosperity and progress of his own country? Let every citizen of our empire strive hard to strengthen this espirit de corps everywhere.

We entrust the spirit of good-will to our people to work diligently and cooperatively in order to arrive at the realization of this socioeconomic development that has been launched by either our government or our people. You have a rich land that yields a variety of products, do not be contented with the satisfaction of your bare needs but instead, cultivate your land among others with oleogenous plants, the seeds of which you can export for your greater benefit. Use the forest woods to make furniture and implements and exchange them for money. Your workmanship will be a monument to your name.

One should realize that thriftiness is the basis for the accumulation of wealth and the economic growth of a nation. One seldom minimizes the value of money earned by the sweat of the brow however small it may be, but for the extravagant even a huge amount of money is worthless.

The co-operative movement has long been known throughout the world, and we Ourself have on numerous occasions urged Our people to join increasingly in cooperative enterprises.

Co-operatives must, ultimately, play a highly important role in the growth of our economy, and no time can be lost in availing ourselves of the benefits to be derived from them During the past year, we decided upon a programme designed to provide specific encouragement to the creation of agricultural co-operatives, and a number of Government-sponsored co-operatives, farms have been established by Our Ministry of National Community Development. We have provided lands, agricultural machinery and expert assistance to these farms and we entertain high hopes that their success will spur Our people to embark increasingly upon co-operative endeavours. Should Our people fail to avail themselves of this opportunity, the consequences will be regrettable indeed.

Community Development

The fundamental purpose of a community development movement is to teach the rural people of

Our Empire that through cooperative self-help and a united approach to common problems, the vast potential for their own self-improvement which they themselves represent, can be translated into effective programmes which can do much to improve their standard of living.

Social Development

Lasting progress can only be built on deep and enduring foundations. When a solid foundation is laid, if the mason is able and his materials good, a strong house can be built.

To develop oneself, one has to develop one's own initiative and perseverance - a man has to strive in order to grow. Let us work out our own programmes in all fields - political, economic, social and military. Man's contributions which live to influence the life and progress of posterity, are the most permanent monuments that can ever be created. We must become increasingly willing to analyze our efforts, to experiment, to admit our failures as we take pride in our successes.

H.I.M Emperor Haile Selassie I