WHO IS AN AFRICAN EXPERT ON REPARATIONS?

“The African Committee of Experts on Reparations can not be comprised solely of technocrats. It must consist of people who have advanced the most in internal reparations - the self repair and recovery from ethnocide. If someone in CARICOM for example gets development aid and yet can not identify who are their maternal and/or their paternal ancestors in Africa and have no desire to identify with being African and have not re-organized their life around Pan Africanism and Ubuntu, can they really be said to have been repaired? The African Committee of Experts on Reparations should be composed of people who can properly guide the technocrats. Mere educational and professional credentials does not make one an expert on reparations. proposed candidates should be asked, what is the evidence of your self repair and how have you used external resources for the benefit of africa and her peoples’ self repair?”

- Siphiwe Baleka, Coordinator of the Lineage Restoration Movement

The Accra Reparations Conference began on November 13. It is co-organized by the Republic of Ghana and the African Union Commission. According to the Conference’s concept note, 

“The Accra Reparations Conference, building on previous and present efforts in favor of reparation intends to build an all-African peoples unified front for the advancement of the cause of reparatory justice. That front endorsed by the African Union, with the strategic support of CARICOM and various stakeholders in the United States of America and in Europe will constitute the first ever African Committee of Experts on reparations. The Committee, drawn from relevant fields including law, will be established for the purpose of developing a Common African Position on Reparations and incorporate therein, an African Reparatory Programme of Action.“

This begs the question - who is an African expert on reparations? 

The first part of this question should not be glossed over. The question as to who is an African has been around since before the founding of the Organization of African Unity (OAU) and still challenges the global Pan African community. Are the European diaspora who live in Africa and hold citizenship to AU member states considered “African”? If so, then “nationalism” as constructed by post-Berlin conference is the operative paradigm and thus “white” people who hold African passports would be considered “African”. Peter Tosh answered the question simply: As long as you are a Black man you are an African.

Then there is the further confusion created by the lack of clarity on who is African when considering the question of the “African Diaspora”. To many people on the continent, especially governments, the African Diaspora consists of people who hold African citizenship and are living outside the continent. However, in February of 2003, the African Union adopted the Article 3q Amendment to its Constitutive Act that officially,

“invite(s) and encourage(s) the full participation of Africans in the Diaspora in the building of the African Union in its capacity as an important part of our Continent.”

Controversy surrounded and still surrounds what was meant by the full participation of “Africans in the Diaspora”. A distinction was made between the ‘historical diaspora” - those living outside of the African continent because of being taken as a prisoner of war, trafficked across the Atlantic, and subjected to chattel enslavement and ethnocide - and the “contemporary diaspora” consisting of those people who migrated from the African continent in more modern times. Today, though the African Union “Sixth Region” is much talked about, it still doesn't officially exist on equal footing as the other five regions. The 6th Region has no representation in the AU Permanent Representative Committee (PRC), nor has the historic diaspora elected its representatives to take its twenty seats it was originally allocated in the Economic, Social and Cultural Council. Indeed the Definition of the Diaspora Committee for the 8th Pan African Congress Part 1 called by H.E. Ambassador Arikana Chihombori Quao, has been studying and providing its recommendations on a final definition of the African Diaspora. 

Nevertheless, I think it is safe to say that an African Committee of Experts on Reparations would consist of members who have African maternal or paternal ancestry. Or, in other words, people whose non-recombinant DNA comes from the various people living on the African continent from 500 to 2,000 years ago. This of course would include both the “contemporary” and “historic” diasporas. People with both European maternal and paternal DNA who happen to be citizens in an African country would not be eligible for an African Committee of Experts on Reparations.

Perhaps the more difficult question, then, is, who is an expert on reparations? How does one become an expert on such a thing? What are the qualifications?

Let me start this part of the discussion by using an example. Consider the activity of swimming. Who would we call an “expert” swimmer? Someone who has read a lot about physiology? Someone who worked at a swimming pool or beach? Or someone who has and can perform the act of swimming with a very high degree of skill? In the case of the latter, of someone who could swim with a very high degree of skill, would it be necessary that they have swimming awards from formal competitive swimming or would a demonstration of their “expertise” be enough without the accolades? Same thing with a heart surgeon. Would we consider someone who has read a lot of textbooks and attended medical school but never performed a heart surgery an “expert” on heart surgery? If someone successfully performed heart surgeries but was never “certified” by the medical community - could they be considered an “expert”? If you think that scenario is far fetched, consider a lawyer. If someone who never went to law school yet successfully litigated several cases - could they be considered an “expert”, as in the case of “Brian Mwenda” who won 26 legal cases while practicing before the High Court of Kenya, even though he was never licensed to practice law in the first place? Does not government institutions hire former “criminals” who are “experts” in counterfeiting and computer hacking?

The definition of expert is: a person who has a comprehensive and authoritative knowledge of or skill in a particular area. Here, “authoritative” means able to be trusted as being accurate or true; reliable, considered to be the best of its kind and unlikely to be improved upon, proceeding from an official source, commanding and self-confident; likely to be respected and obeyed.

Now, in this sense, we are talking about experts on reparations as it pertains to global Afrikan reparatory justice for the trafficking of prisoners of war from their ancestral homelands on the African continent and their enslavement and ethnocide in the Americas. In this sense, reparations means repairing the damage done to those communities, families and individuals that were directly victimized and affected. It means restoring to the condition before the war started, before the invasion, and before the trafficking of the prisoners of war. And that condition was being free from the jurisdiction and economic and other systems of non-African people.

An expert on reparations, therefore, would be someone with authoritative experience of reverse engineering that process - someone that recovered from ethnocide, repatriated to his or her ancestral homeland, obtained citizenship, learned their ancestral language, and re-integrated into the village(s). This is what the National Coalition of Blacks for Reparations in America (NCOBRA) calls “internal” reparations. A person that has achieved a high level of internal reparations and has had  several years development experience could rightly be called a reparations “expert” since he or she would have a comprehensive and authoritative knowledge of the repair process and experience on both sides of the Atlantic. Such people should definitely be included on any African Committee of Experts on Reparations. 

https://www.tag24.com/politics/reparations/how-dna-could-hold-the-key-to-one-mans-genetic-case-for-reparations-2761745

In so much as moral and historical appeals to reparations have largely been unsuccessful in securing the commitments, the status change, the change in power relationships, and the sacrifice of material and financial resources, legal efforts now seem to be the next step. People who have filed reparations claims in domestic, regional, and international courts could be considered experts. 

Now consider that the Resolution on Africa’s Reparations Agenda and The Human Rights of Africans In the Diaspora and People of African Descent Worldwide - ACHPR/Res.543 (LXXIII) 2022 - Dec 12, 2022 declares that 

"2. Calls upon member states to: . . . take measures to eliminate barriers to acquisition of citizenship and identity documentation by Africans in the diaspora; to establish a committee to consult, seek the truth, and conceptualize reparations from Africa’s perspective, describe the harm occasioned by the tragedies of the past, establish a case for reparations (or Africa’s claim), and pursue justice for the trade and trafficking in enslaved Africans, colonialism and colonial crimes, and racial segregation and contribute to non-recurrence and reconciliation of the past;, . . . 4. Encourages civil society and academia in Africa, to embrace and pursue the task of conceptualizing Africa’s reparations agenda with urgency and determination.” 

Thus, people with a comprehensive and authoritative knowledge of African legal systems and customs pertaining to prisoners of war and slavery in Africa prior to the military invasion of the Dum Diversas war should also be members of any African Committee of Experts on Reparations since, in accordance with principles of African law as well as current international law and Global Afrikan Reparatory Justice, the jurisdiction governing adjudication must be the jurisdiction where the crime occurred which, in this case, originated on the African continent.

Since “external” reparations involves the transfer of technology, land, material and financial resources to be deployed in advancing indigenous African systems of health, education, public works, trade, and banking, people with training in both those indigenous African systems and the Western modern systems need to be part of any African Committee of Experts on Reparations.

The Accra Reparations Conference should not make the mistake of appointing elected officials, popular personalities, and people with neo colonial attitudes and lack of solid Pan African track records to any African Committee of Experts on Reparations. As one person put it, what good is getting $100 million or $10 billion or more if those educated in neocolonial systems only recreate them under the outward label of “African”? Western styled developmentalism is not reparations, and getting resources for government administrations following neocolonial development models that reproduce capitalistic wealth and social inequality will not lead to a strong, powerful African Renaissance. Thus, members of any African Committee of Experts on Reparations should be people who can be trusted to speak authoritatively from an African perspective that is in opposition to neocolonialism.

Thus, one way to bring structure to the proposed African Committee of Experts on Reparations is to follow NCOBRA’s 5 Injury Areas of systemic oppression & systemic slavery which are: 

  1. PEOPLEHOOD 

  2. EDUCATION 

  3. HEALTH 

  4. CRIMINAL PUNISHMENT

  5. WEALTH/POVERTY 

I would change #4 to LAW. Each area could have one expert from the African Continent and one from the African Diaspora. That’s a total of 10 Experts. For example, who has come from the west and demonstrated wealth creation from an indigenous African enterprise? Who knows how to organize and amplify and distribute effective African medicine?

The remaining five experts could be selected for recognized expertise in any field related to internal or external reparations such as immigration, agriculture, diplomacy, administration, project management, marketing, etc.

This will be all the more important since the proposed African Committee of Experts on Reparations will develop an action plan for a sustainable reparatory justice process in Africa, taking into account the historical context, current challenges, and future prospects while the proposed global Reparations Fund will be established to support the activities of the Committee of Experts on Reparations.

What the Afrikan people want is an African Committee of Experts on Reparations who can be trusted to speak truth to power, who will be uncompromising and unapologetic about what is truly needed and owed, and who will not be tricked or duped into neocolonial compromises that do not lead to the transformation of African countries’ negative sovereignty to the positive sovereignty needed to safeguard the well-being of African people at home and abroad.

https://www.tag24.com/politics/reparations/siphiwe-balekas-landmark-petition-seeking-reparations-for-us-ethnocide-dismissed-2892204