Towards a global alliance to compensate for colonialism and its crimes
by Muhammed Khalil Al-Mousa *
The idea of colonialism has historically been based on the practice of imposing political, economic, social, cultural and legal domination by a foreign state, often a Western state, over a foreign territory and its inhabitants. Colonialism, which extended from the sixteenth century until the middle of the twentieth century, was a practice not prohibited under traditional international law, but it became prohibited since the middle of the twentieth century, when the United Nations decolonized the world.
Colonial practices and policies were built on plundering the wealth of the colonial peoples, accumulating wealth and capital at their expense, impoverishing, marginalizing, enslaving and trading them, destroying their industries and agricultural and commercial activities, as well as the oppression, oppression and brutality practiced by the colonial powers in the lands under their control. Those colonial policies and practices led to structural imbalances between colonial and colonial states, manifested in historical injustice and inequality.
Although many peoples and countries gained their independence and liberated themselves from the bondage of colonialism, this did not end the manifestations of injustice and outrageous economic, social and political inequality that befell the peoples and countries that were subjected to colonialism as a result of its colonial practices and policies, as well as the control of a social-political elite established by colonialism. It maintains close relations with it, and manages the post-colonial state politically, economically and legally, in a manner that serves the colonial state and its personal interests, meaning that colonialism still exists, but hidden behind that “elite allied with it” that hijacked the state after its independence and liberation, so the post-colonial phase It did not witness the demise of the manifestations of colonialism and its effects, of injustice, inequality, poverty and underdevelopment caused by colonialism and its policies.
There is no doubt that the effects of colonialism that are still present today, in addition to the neo-colonial policies, raise legal questions about the possibility of claiming compensation for countries and peoples that were subjected to colonialism after the poverty, underdevelopment, injustice and inequality in various fields. Then do those peoples and states have a collective or individual right to demand compensation and assistance in solving their existing problems due to colonial practices and policies through their right to development that was sanctioned by the United Nations decades ago? What are the ways and mechanisms that international law may provide in this regard?
It is well established that reparation and compensation are among the most prominent and important legal methods for dealing with the effects of international crimes and major violations of human rights, and colonial practices constitute – according to the concepts of contemporary international law – crimes against humanity, genocide and aggression in some cases.
It is necessary to emphasize here that this legal description is in accordance with contemporary international law, because the traditional international law that prevailed during the colonial era did not prohibit colonialism, and it was considered one of the legitimate means of gaining territory.
In any case, the idea that we present and defend in this article is that the peoples who have been subjected to colonialism must be compensated for the colonial effects that they have suffered and are still suffering from, which was basically inequality in the economic, political, social and development fields, and the injustice and persecution inflicted upon them.
Reparation and compensation in international law take many different forms, and it may take place through judicial, quasi-judicial or non-judicial means, and may include apology, satisfaction, guarantee of non-repetition of the act, restoration of the situation, monetary compensation and the establishment of economic, health, educational, social and development programs and projects To address the problems that resulted from colonialism and its crimes, and are still present today.
If colonialism is permissible, and is not a crime under traditional international law, contemporary international law includes concepts and principles, foremost of which is the right to development, that allow, and even require, correcting the effects of the past and the manifestations of historical injustice and inequality that have resulted from it now.
There is a significant legal arsenal that supports our view that the colonial countries should be asked to compensate the peoples who suffered under their colonial policies. Perhaps this is not the appropriate place to review the legal grounds that justify the obligation of colonial peoples to be compensated for the injustice and inequality inflicted on them by colonial policies, but it is advisable to refer to the 1974 General Assembly Declaration on the Economic Rights and Duties of States and the General Assembly Declaration on the Right to Development of 1986, and the Declaration on the United Nations Guiding Principles for Compensation for Victims of Massive Violations of International Human Rights and Humanitarian Law.
There are many legal sources and foundations that may justify and defend this right as one of the dimensions of the right to development, despite the denial of its existence by Western countries that practiced colonialism, and a number of Westerners specialized in international law, especially as they reject the legal and normative nature of the aforementioned declarations, in addition to other objections. They show it to support their point of view. Therefore, the question of the legal basis for the right to compensation for colonial effects as part of the right to development deserves analysis in a separate and detailed article.
Likewise, judicial practice in countries such as New Zealand and Britain approved the idea of some peoples and local population groups obtaining compensation, as the British Supreme Court ruled in 2013 to compensate a group of 5,000 Kenyans belonging to the “Mau Mau” tribe for the damages they suffered from. As a result of torture at the hands of British colonialism.
On the other hand, the International Organization of Caribbean States established a commission to compensate for crimes against humanity and genocide committed by colonialism against indigenous peoples and peoples. The compensation includes apologies, rehabilitation, forgiveness from international loans, and financing development programs in various fields.
Among the most prominent legal developments in this context is the jurisprudence issued in 2018 by a Dutch court, which established an important principle, which is that the freedom of the state to enact legislation, including its freedom to prevent dealing with the effects of the colonial past, may be subject to restrictions derived from contemporary international legal principles, and the requirements of Justice, fairness, and considerations of good faith.
It seems to us inappropriate to analyze in this article the mechanisms and means available to activate the idea of compensation for colonial policies and their effects extending to our time, because it is a technical issue with purely legal dimensions that do not need to bother the non-specialist reader in its details.
However, it is necessary to say that there are many and varied mechanisms and methods provided by the United Nations system through its main organs, foremost among which are the General Assembly, the Security Council and the International Court of Justice, as well as other mechanisms that can be resorted to at the international and internal levels.
Regardless of the exact legal dimensions and rationales related to the issue of compensation for colonial policies and the resulting historical injustice and inequality, it is necessary, at the very least, to work through the free people in the world to establish an international coalition that includes the countries and peoples that were subjected to colonialism and have not suffered Its effects and repercussions, despite their formal independence from his neck, in order to demand the colonial powers to compensate for their colonial past, and for the atrocities they committed against peoples in the world, especially our Arab peoples, especially the Palestinian people who were expelled from their country after it was stolen from, and were displaced, expelled and abused And for its support of Western political and economic elites and social and civil forces in many post-colonial countries, in order to perpetuate the effects of their colonial policies towards them.
The truth is that the world in general, and our Arab world in particular, is in dire need of this alliance, because colonial effects are still present in many countries and societies. The manifestations of injustice and inequality between them and the colonial countries, in addition to the fact that the establishment of such an alliance is of great benefit, because it certainly contributes to putting an end to contemporary neocolonial and neoliberal policies. on the present.
In conclusion, it must be stressed the importance of excluding any party that dealt with colonial states or supports neo-colonialism and neoliberalism, foremost among which are the bodies and organizations that receive funding from colonial states under any pretext, even if they are humanitarian or make people disguise them, or It frequents its embassies, begging for funding or in search of a deal of a utilitarian nature, and this is self-evident, because such an alliance is against all forces affiliated with the colonial system or that adopt its orientations and policies, whether out of negligence or premeditated and premeditated, as they are the same in terms of outcomes and results.
The purity of this alliance and the elevation of its humanitarian mission require that it not include mercenaries and seekers of wealth by serving the aspirations of the colonial powers and their liberal ideology, and that it be limited to the free people of the world and the militants who spent their lives defending and liberating peoples, and the major values and principles of international law, foremost of which is the right to self-determination. And not to contribute to perpetuating the hegemony of any state with colonial or destructive aspirations or ambitions for man and his civilization.
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* Muhammad Khalil Al-Mousa, Professor of international law.