AU: Effects of 'genocide' classification on Africa

The recent African Union (AU) summit addressed the legacies of colonialism, slavery and systemic discrimination on the continent.

The February gathering in the Ethiopian capital, Addis Ababa, focused on reparatory justice and racial healing for Africans and people of African descent.

Following the summit, which was dominated by the conflicts in Sudan and the Democratic Republic of Congo, the Algerian foreign ministry issued a statement commending the adoptation of a decision "to classify slavery, deportation, and colonization as crimes against humanity and acts of genocide perpetrated against African peoples."

"The decision to classify slavery, deportation, and colonization as crimes against humanity and genocide against the peoples of Africa is a crucial step, a victory for Africa in its quest for self-determination and control over its own destiny," according to a statement by Professor Robert Dussey, the Togolese Minister of Foreign Affairs, following a vote on the resolution initiated by his country.

Possible legal consequences

Beninese historian Professor Didier Houenoude, an expert on art looted during slavery and colonization, believes that the resolution could strengthen Africa's position in international negotiations on memory, justice and historical inequalities.

"This means that the African Union could request compensation from colonial nations, that is, Western nations that participated in the transatlantic slave trade, for the victims who suffered from these practices," he explained.

The text establishes a legal framework that officially and internationally defines acts of slavery, forced deportation, and colonization as crimes against humanity and acts of genocide, emphasizing that they were "planned and methodically executed" to the detriment of African populations, the African Press Agency (APA) reported.

However, Christian Tomuschat, professor emeritus of public law and international law at Humboldt University in Berlin, questions the significance of the text. 

"I respect the view that colonization constituted a crime against humanity. One can pass such a resolution, but it carries no legal consequences, even under modern international law doctrine," Tomuschat said.

"There are classical rules of international law that stipulate that any injustice must be remedied through compensation," added Tomuschat, who is also a former member of the UN Human Rights Council and the UN International Law Commission.

"This is a development in modern international law, but it cannot be applied retroactively to the 17th, 18th and 19th centuries."

What does international law say?

The International Criminal Court (ICC) is responsible for prosecuting people accused of genocide or war crimes.

Article 7 of its statute defines crimes against humanity as referring to "any of the following acts when committed as part of a widespread or systematic attack directed against any civilian population, with knowledge of the attack."

These acts include murder, extermination, enslavement, deportation, torture, rape, sexual slavery, and apartheid.

This definition also includes the persecution of any identifiable group or community based on political, racial, national, ethnic, cultural, religious, or gender-related criteria.

Beyond this framework, no other international legal mechanisms allow African states to demand binding reparations. However, some legal experts believe that this resolution could encourage initiatives before institutions such as the International Court of Justice (ICJ).

A symbolic and political advancement

Houenoude suggested that the adopted resolution will redefine how history is taught in African schools.

"I believe these crucial moments in human history will be taught from primary school onward, emphasizing the fact that a crime was committed by one part of humanity against another," Houenoude said. "This will help shape Africans' identity and historical awareness."

The Beninese historian, who is currently in the German city of Dresden as part of his research on looted art objects and other assets taken during colonization, believes that the African Union's move could also facilitate the restitution of these artifacts.

"Most of the works displayed in museums were acquired illegally and should be returned. Personally, I find exhibiting the remains of ancestors in a museum to be a blatant sign of disrespect. A museum is not meant for that. The remains of ancestors are meant to be buried," he said.

This initiative by the African Union responds to persistent calls from African civil society and diaspora organizations, which have long advocated for the official recognition of the suffering inflicted during these dark periods of history.

The adopted resolution represents a symbolic and political advancement, but its concrete effects will likely depend on the diplomatic and legal actions that African states choose to pursue.

Edited by: Keith Walker