151:, as the authority responsible for ensuring the protection of human rights and the administration of justice within their borders, is correspondingly also responsible for providing redress for abuses and injustices suffered by their citizens. The UN Basic Principles also states that if a person or entity other than the state can be found liable for the violations and abuses endured, such party is responsible for providing reparation either directly to the victim or through compensating the state for reparations rendered.
139:"Persons who individually or collectively suffered harm, including physical or mental injury, emotional suffering, economic loss, or substantial impairment of their fundamental rights, through acts or omissions that constitute gross violations of international human rights law, or serious violations of international humanitarian law… the immediate family or dependants of the direct victim and persons who have suffered harm in intervening to assist victims in distress or to prevent victimization."
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compensation paid to almost 10,000 individuals, as well as recommendations on other measures such as the provision of health care and restoration of civil rights. The IER's recommendations also led to a collective reparations program that combined symbolic recognition of human rights violations with a development component in eleven regions that had suffered from collective punishment. As of May 2010, implementation of the collective reparations program was ongoing.
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resistance, and solidarity; allows people who are not property scholars to participate in the conversation about involuntary property loss and adequate remedies; captures both the material and immaterial consequences of property confiscation; and inserts dignity into the scholarly discourse about property, countering the singular focus on efficiency, which has dominated legal analysis since the ascendancy of law and economics.
235:
practice. In addition, the government provided a $ 350 million fund to help those affected by the schools. In 2006, the federal government signed the Indian
Residential Schools Settlement Agreement, agreeing to provide reparations to the survivors of this program. The Settlement totals approximately $ 2 billion, and includes financial compensation, a truth commission, and support services.
359:(Oxford University Press 2014). Since then, many scholars across disciplines have applied these socio-legal concepts to an array of case studies in various time periods and geographic locations, providing a transnational, historicized approach to understanding involuntary property loss and its material and non-material consequences.
287:, the period between the 1960s and 1990s is often referred to as the "years of lead," referring to the massive human rights violations that occurred in the government's campaign of political oppression, including executions, torture, and the annihilation of other civil liberties. Shortly after he ascended the throne in 1999,
97:– measures which serve to "restore the victim to the original situation before the gross violations occurred". This can include: restoration of liberty, enjoyment of human rights, identity, family life and citizenship, return of one's place of residence, restoration of employment, and return of property.
398:
In addition to gender-based discrimination, children are often excluded from reparations procedures. The reasons of this are varied; reparations often fall in the hands of parents and are only indirectly given to children, and reparations programs often do not take into account the fact that children
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is “the restriction of an individual or group’s autonomy based on the failure to recognize and respect their full capacity to reason.” Evidence of a dignity taking can be established empirically through either a top-down approach, examining the motive and intent behind those who initiated the taking,
272:
with its findings in 1991. Afterwards, its work was continued by the
National Corporation for Reparations and Reconciliation. These programs recommended reparations for the victims, including: monthly pensions, educational benefits for the children of the disappeared, exemption from military service,
362:
The dignity takings/dignity restoration framework provides a lexicon to describe and analyze property takings from poor and vulnerable populations across the globe in different historical periods; focuses on redress by linking events of property dispossession to highlight opportunities for learning,
135:
Victims of violations of international human rights or humanitarian law have the rights to prompt, sufficient, and effective reparation. Victims can be individuals or a collective group of individuals who suffered similar violations. Such victims, as defined by the UN Basic
Principles on the matter,
391:
For instance, reparations programs have been critiqued for ignoring the needs of women in transitional justice processes. In 2007, women's groups mobilized to examine how reparations policies could be more responsive to victims of gender-based violence. Their efforts led to the "Nairobi
Declaration
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The UN's guidelines on reparations could be contested on the fact that they equate human rights violations with violations of civil and political rights, ignoring abuses of economic, social, and cultural rights. The guidelines explicitly state that their intent is to restore victims to their status
234:
As a result of the commission's recommendations, the government symbolically issued an apology in a "Statement of
Reconciliation", admitting that the schools were designed on racist models of assimilation. Pope Benedict XVI also issued an apology on behalf of church members who were involved in the
348:
is required. Dignity restoration is a remedy that seeks to provide dispossessed individuals and communities with material compensation through processes that affirm their humanity and reinforce their agency. In practical terms, the remedial process places dispossessed individuals or communities in
103:
Compensation – the provision of compensation "for any economically assessable damage, as appropriate and proportional to the gravity of the violation and the circumstances of each case". Such damage includes: physical or mental harm, lost opportunities, material damages and loss of earnings, moral
392:
on Women's and Girl's Right to a Remedy and
Reparation," which states that "reparations must go above and beyond the immediate reasons and consequences of the crimes and violations; they must aim to address the political and structural inequalities that negatively shape women's and girl's lives."
58:
through the administration of some form of compensation or restitution to the victims. Of all the mechanisms of transitional justice, reparations are unique because they directly address the situation of the victims. Reparations, if well designed, acknowledge victims' suffering, offer measures of
371:
There are logistical problems inherent in reparations, such as clearly defining the objectives, goals, and processes by which reparations will be distributed, determining how to address a range of atrocities with streamlined programs, or balancing economic development with financing reparation
299:
These pressures were instrumental in leading to the 2004 creation of the Arab world's first official truth-seeking initiative, the Equity and
Reconciliation Commission. The IER issued a reparations policy that upheld notions of gender equity and resulted in roughly US$ 85 million in financial
62:
Proponents of reparations assert that in order to be effective, reparations must be employed alongside other transitional justice measures such as prosecutions, truth-seeking, and institutional reform. Such mechanisms ensure that compensatory measures are not empty promises, temporary stopgap
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is the destruction or confiscation of property rights from owners or occupiers, where the intentional or unintentional outcome is dehumanization or infantilization. There are two requirements: (1) involuntary property destruction or confiscation and (2) dehumanization or infantilization.
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redress, as well as some form of compensation for the violations suffered. Reparations can be symbolic as well as material. They can be in the form of public acknowledgement of or apology for past violations, indicating state and social commitment to respond to former abuses.
303:
Other reparations programs have been proposed and/or implemented in: Argentina, Brazil, Cambodia, Colombia, the
Democratic Republic of Congo, East Timor, El Salvador, Germany, Ghana, Guatemala, Haiti, Iraq, Malawi, Liberia, South Africa, Kenya, the United States, and others.
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and arbitrary detention. The IAC decided more than 5,000 cases and awarded a total of US$ 100 million, but victims and their families complained of lack of transparency in the tribunal's procedures and demanded truth seeking measures in addition to financial compensation.
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suffered the losses, but individuals are barred from pursuing a claim for compensation directly against the state that wronged them. The grant of reparations is thus a political question, and individuals who suffered harm may be left undercompensated or uncompensated.
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Satisfaction – various measures which include the cessation of human rights violations and abuses, truth-seeking, searches for the disappeared, recovery and reburial of remains, judicial and administrative sanctions, public apologies, commemoration, and
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However, these initiatives have also been criticized on a variety of grounds, such as their refusal to identify the perpetrators of violence and their failure to recognize a comprehensive range of victims to whom reparations are due.
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The legal concept of reparation has two components: the right of the victim of an injury to receive reparation, and the duty of the party responsible for the injury to provide redress. Reparations can be sought by individuals through
22:
are broadly understood as compensation given for an abuse or injury. The colloquial meaning of reparations has changed substantively over the last century. In the early 1900s, reparations were interstate exchanges (see
173:
352:
The dignity takings/dignity restoration framework was first created by
Professor Bernadette Atuahene following her empirical exploration of land dispossession and restitution in South Africa in her book,
738:
Assembly of First
Nations: "AFN National Chief Says Private Audience with Pope Benedict XVI in Vatican City "Closes the Circle" and Enables Work Towards Reconciliation for Residential School Survivors"
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Assembly of First Nations: "AFN National Chief Says Private Audience with Pope Benedict XVI in Vatican City "Closes the Circle" and Enables Work Towards Reconciliation for Residential School Survivors"
227:(IRS). This process was part of an effort to homogenize Canadian society, and included the prohibition of native language and cultural practices. In 1991, the Canadian government established the
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Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law
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Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law
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The international legal underpinning for the right to effective remedy and duty to provide reparation can be found in multiple human rights and humanitarian treaties and conventions, including:
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Basic Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross Violations of International Human Rights Law and Serious Violations of International Humanitarian Law
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Some of these concerns can be addressed by empowering women to have a voice in the reparations process, challenging discriminatory practices, and educating communities about sexual violence.
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violations by the parties responsible. The right of the victim of an injury to receive reparations and the duty of the part responsible to provide them has been secured by the
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and human rights workers, the overall promotion of human rights standards, and the establishment of mechanisms to prevent and monitor social conflict and conflict resolution.
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and adults are affected differently by violence. Thus reparations should also have a child-specific component to target abuses that are specifically suffered by children.
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Nairobi Declaration on Women's and Girl's Right to a Remedy and Reparation (2007), International Meeting on Women's and Girl's Right to a Remedy and Reparation, Nairobi.
76:, or they can be policies introduced by the state to address the concerns or needs of a wider populace. While the first strategy is instrumental in creating legal
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in a time of peace, but the distribution of rights and resources often wasn't equal in peacetime. Thus reparations, if their intent is to return a society to its
35:
paid by Germany and its allies. Reparations are now understood as not only war damages but also compensation and other measures provided to victims of severe
166:
726:
924:"Dignity Takings and Dignity Restoration: Creating a New Theoretical Framework for Understanding Involuntary Property Loss and the Remedies Required"
845:"Dignity Takings and Dignity Restoration: Creating a New Theoretical Framework for Understanding Involuntary Property Loss and the Remedies Required"
822:
204:
1278:"An Historical Timeline of Reparations Payments Made From 1866 through 2018 by the United States Government, States, Cities, and Universities"
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Hague Convention (IV) Respecting the Laws and Customs of War on Land and Its Annex: Regulations Concerning the Laws and Customs of War on Land
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describes five formal categories of reparations: restitution, compensation, rehabilitation, satisfaction, and guarantees of non-repetition.
993:
Atuahene, Bernadette (2016-10-27). "Takings as a Sociolegal Concept: An Interdisciplinary Examination of Involuntary Property Loss".
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Atuahene, Bernadette (2016-10-27). "Takings as a Sociolegal Concept: An Interdisciplinary Examination of Involuntary Property Loss".
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When this larger harm called a dignity taking occurs, mere reparations (or compensation for physical things taken) are not enough.
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268:'s 1973-1990 dictatorial regime. The commission investigated disappearances, political executions, and torture, publishing the
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Protocol Additional to the Geneva Conventions relating to the Protection of Victims of International Armed Conflicts
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retained a practice of removing indigenous Canadian children from their families and placing them in church-run
823:""To Live as Other Kenyans Do": A Study of the Reparative Demands of Kenyan Victims of Human Rights Violations"
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and announced reparations that would be made to citizens who were injured by specific actions of the State.
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created the National Truth and Reconciliation Commission to investigate the human rights abuses of General
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231:(RCAP), charged with exploring the relationship between aboriginal peoples, the government, and society.
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1021:"Uneasy Settlements: Reparation Politics and the Meanings of Money in the Israeli Withdrawal from Gaza"
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the driver's seat and gives them a significant degree of autonomy in deciding how they are made whole.
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efforts. Some experts suggest that the problems lie in the very definition of reparations themselves.
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mechanisms determined by treaty and paid by the surrendering side of a conflict, such as the
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Guarantees of non-repetition – reforms ensuring the prevention of future abuses, including:
50:, reparations are measures taken by the state to redress gross and systematic violations of
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Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment
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relating to the Protection of Victims of International Armed Conflicts – Article 91
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created the Independent Arbitration Commission (IAC) to compensate the victims of
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International Convention on the Elimination of All Forms of Racial Discrimination
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International Convention on the Elimination of All Forms of Racial Discrimination
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Historic Archives of the United Nations Audiovisual Library of International Law
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586:"OHCHR Basic Principles and Guidelines on the Right to a Remedy and Reparation"
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Rehabilitation – medical, psychological, social services, and legal assistance
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The International Center for Transitional Justice's (ICTJ) Reparations Page
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and security forces, strengthening an independent judiciary, protection of
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1175:, Reparative Justice Series, International Center for Transitional Justice
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or a bottom-up approach, examining the viewpoints of dispossessed people.
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Rubio-MarĂn, R.; de Greiff, P. (December 2007). "Women and reparations".
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The right to seek and obtain reparations is vested with the state whose
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Through a New Lens: A Child Sensitive Approach to Transitional Justice
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We Want What’s Ours: Learning from South Africa’s Restitution Program
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is “the failure to recognize an individual or group’s humanity” and
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damage, cost of legal, medical, psychological, and social services.
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757:. International Center for Transitional Justice. 28 February 2011.
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1115:, International Center for Transitional Justice, 1 September 2011
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311:– The United States apologized and provided compensation for the
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811:. International Center for Transitional Justice. 25 April 2011.
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825:. International Center for Transitional Justice. 25 July 2011.
769:"Canada | International Center for Transitional Justice"
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respecting the Laws and Customs of War on Land – Article 3
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Second International Peace Conference (18 October 1907),
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The Convention on the Rights of the Child – Article 39
475:"Racism and Human Rights: An Approach to Reparations"
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measures, or attempts to buy the silence of victims.
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United Nations General Assembly (16 December 2005),
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United Nations General Assembly (20 November 1989),
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United Nations General Assembly (21 December 1965),
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International Covenant on Civil and Political Rights
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United Nations General Assembly (16 December 1966),
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United Nations General Assembly (10 December 1948),
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International Covenant on Civil and Political Rights
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Trudeau delivers historic apology to LGBT Canadians
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662:United Nations General Assembly (4 February 1984),
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1133:The Right to Reparations in Situations of Poverty
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1287:– via University of Massachusetts Amherst.
1263:procedural history note and audiovisual material
715:Rome Statute of the International Criminal Court
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205:Rome Statute of the International Criminal Court
1136:, International Center for Transitional Justice
970:"Center on Socio-Legal Approaches to Property"
1190:International Journal of Transitional Justice
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1005::10.1146/annurev-lawsocsci-110615-084457.
908::10.1146/annurev-lawsocsci-110615-084457.
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181:United Nations Convention Against Torture
16:Compensation given for an abuse or injury
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273:and priority access to health services.
1064:"Tort Liability for Belligerent Wrongs"
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898:Annual Review of Law and Social Science
323:Dignity takings and dignity restoration
244:lesbian, gay, bisexual, and transgender
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229:Royal Commission on Aboriginal Peoples
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809:"Truth and Reconciliation in Morocco"
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681:Convention on the Rights of the Child
612:Universal Declaration of Human Rights
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160:Universal Declaration of Human Rights
573:United Nations General Assembly 2005
562:United Nations General Assembly 2005
1152:, Oxford: Oxford University Press,
755:"Canada & Transitional Justice"
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1169:Reparations in Theory and Practice
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452:Merriam-Webster Online Dictionary
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313:Internment of Japanese Americans
212:Examples of reparations programs
120:civilian control of the military
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240:Prime Minister Justin Trudeau
1062:Abraham, Haim (2019-12-01).
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1150:The Handbook on Reparations
1148:de Greiff, P., ed. (2008),
974:Chicago-Kent College of Law
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317:Civil Liberties Act of 1988
260:'s newly elected president
219:– For more than 100 years,
196:Protocol Additional to the
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538:"The Case for Reparations"
225:Indian residential schools
207:(ICC) – Articles 79 and 75
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849:Law & Social Inquiry
246:people of Canada in the
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1019:Dromi, Shai M. (2014).
786:CBC News (2017-11-28),
425:Reparations for slavery
143:Who provides reparation
131:Who receives reparation
33:World War I reparations
1130:Carranza, R. (2009),
430:Holocaust reparations
293:forced disappearances
1025:Sociological Inquiry
48:transitional justice
1203:10.1093/ijtj/ijm035
1080:10.1093/ojls/gqz025
536:Coates, Ta-Nehisi.
346:Dignity restoration
1037:10.1111/soin.12028
720:Also available at
367:Potential problems
242:apologized to the
198:Geneva Conventions
1307:International law
1255:Introductory note
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