Should claims for Colonial Reparations be recognized under International Law?

Abstract

The article examines the social and economic consequences of colonialism and colonial state policy, underscoring the exploitation and suffering of the colonized under such policies. The writer specifically refers to India and Sri Lanka and the human and economic costs to the two countries. The writer emphasizes that these must be acknowledged, apologized and atoned for, by the former colonial governments. Counter arguments to this are examined, as to why exactly reparations are owed in the current environment. As justification, the writer seeks guidance from the examples of two nations – the Mau Mau and the Herero, who have obtained reparations as examples of marginal success. Yet, in these small ‘victories’ too, there is much to be desired. In conclusion, the writer suggests that the international community should take note of this very poignant, ignored and pivotal aspect of collective human rights and strongly recommends that action be taken immediately to provide redress for a most damaging, longterm phenomenon which is already fading from the consciousness of the colonizers. The writer proposes that the Right to Reparations be made an integral part of International Law, be made a Fundamental Human Right recognized by a duly signed International Convention which should constitute a specialized Tribunal to adjudicate such claims.