Post #2056575

Part of the EU explanation: https://www.eeas.europa.eu/delegations/un-new-york/eu-explanation-vote-%E2%80%93-un-general-assembly-action-a80l48-declaration-trafficking-enslaved-africans_en >We were prepared to support a text that emphasises the scale of the atrocity of the transatlantic slave trade, the importance of remembrance, and the need to continue combating slavery in its contemporary forms. Instead, the text before us raises a number of legal and factual concerns that we cannot overlook. :::spoiler 3 arguments >First, the use of superlatives in the context of crimes against humanity is not legally accurate, such as the use of "gravest" in the title and throughout the text, which implies a hierarchy among atrocity crimes, when no legal hierarchy between crimes against humanity exists. It risks undermining the harm suffered by all victims of these crimes and lacks legal clarity crucial for ensuring accountability. We firmly reject introducing ambiguity in this respect. >Second, the selective inclusion of lengthy, historical, and contentious references to regional jurisprudence and selective and unbalanced interpretation of historical events - such as in Preambular Paragraphs 21 and 23 - is at odds with accepted UN practice, as well as the stated universal and forward looking objective of this initiative. It risks creating divisions when unity is both necessary and achievable. The role of the General Assembly is not to substitute itself to the academic debate amongst historians. >Third, we are also concerned by certain legal references and assertions that are either inaccurate or inconsistent with international law. This includes suggestions of a retroactive application of international rules which was non-existent at the time and claims for reparations, which is incompatible with established principles of international law. The principle of non-retroactivity, a fundamental cornerstone of the international legal order, must be strictly upheld. References to claims for reparations also lack a sound legal basis. Any framework for reparatory justice must be grounded in existing multilateral instruments. :::