The Right To Return (RTR) is the recognition by international society that as many as 250 million members of the African Diaspora, recognized as the Sixth Region of the African Union, are descendants of the people taken as prisoners of war during what is commonly called the Trans-Atlantic Slave Trade. As such, we have the immediate right to be returned to the territory of our ancestor that survived the middle passage and be recognized as citizens with a unique immigration status, policies and programmes by the government(s) claiming the territory as within its national boundaries.
The RTR is based first on a principle of traditional African spirituality that identity was formed by the knowledge and preservation of one’s maternal lineage, transmitted from mother to daughter and paternal lineage, transmitted from father to son. Depending on each family’s village tradition, identity, and all that it included – language, culture, spirituality, land, and one’s place in the world and universe (history), was determined either by maternal or paternal lineage. Health and well-being, therefore, required the preservation of one’s lineage. If you did not preserve your lineage, you lost your location or place in the world. Thus, the first priority of the RTR is restoring the lineage identity of the descendants of the prisoners of war that were taken from territories on the African continent and subsequently suffered ETHNOCIDE - the loss of their ethnic and cultural identities.
The RTR is based second on the historical fact that Pope Nicholas V and the King of Portugal declared total War against the land of “Guine” on June 18, 1452 in a document called the Dum Diversas. The document stated,
“we grant to you full and free power, through the Apostolic authority by this edict, to invade, conquer, fight, subjugate the Saracens and pagans, and other infidels and other enemies of Christ. . . . . AND TO LEAD THEIR PERSONS IN PERPETUAL SERVITUDE, AND TO APPLY AND APPROPRIATE REALMS, DUCHIES, ROYAL PALACES, PRINCIPALITIES AND OTHER DOMINIONS, POSSESSIONS AND GOODS OF THIS KIND TO YOU AND YOUR USE AND YOUR SUCCESSORS THE KINGS OF PORTUGAL.”
This declaration of total war is now considered a crime against humanity and was followed up with monopoly contracts known as “Asientos” which were variously given to private merchants from 1518 to 1595, to Portugal from 1595 to 1640, to the Genoese from 1662 to 1671, to the Dutch and Portuguese from 1671 to 1701, to France from 1701-1713, the British from 1713 to 1750, and the Spanish from 1765 to 1779. In the United States, several colonies became combatants to the Dum Diversas War when they legalized slavery: Massachusetts in 1641; Connecticut in 1650; Virginia in 1657 and Maryland in 1663. Other colonies followed and the United States of America officially entered the Dum Diversas War trafficking of people from Guine after American independence in 1776. As a result of the Dum Diversas Declaration of War:
Portugal and Brazil were and are responsible for at least 7,300 slave voyages (26.8%) and at least 5,074,900 (45.9%) of the people who were forcibly, illegally, and immorally transported from the African continent and, using Cooper’s order of magnitude, were and are responsible for the murder, kidnapping and enslavement of more than 73 million people of African lineage and heritage;
Britain was and is responsible for at least 11,632 slave voyages (42.7%), and at least 3,112,300 (28.1%) of the people who were forcibly, illegally and immorally transported from the African continent, thereby being responsible for the murder, kidnapping and enslavement of 52.2 million people of African lineage and heritage;
France was and is responsible for at least 4,038 voyages (14.8%) and at least 1,456,000 (13.2%) of the people who were forcibly, illegally and immorally transported from the African continent, thereby being responsible for the murder, kidnapping and enslavement of 21.6 million people of African lineage and heritage;
Spain was and is responsible for at least 1,116 slave voyages (4.1%), and at least 517,000 (4.7%) of the people who were forcibly, illegally and immorally transported from the African continent, thereby being responsible for the murder, kidnapping and enslavement of 8.5 million people of African lineage and heritage;
The United States was and is responsible for at least 834 slave voyages (2.3%) from 1776 to 1808 and at least 114,960 (1%) of the people who were forcibly, illegally and immorally transported from the African continent, thereby being responsible for the murder, kidnapping and enslavement of 1.7 million people of African lineage and heritage;
Almost every country of the Western Hemisphere, and especially the British Mainland of North America, the British Leewards, the British Windwards and Trinidad, Jamaica, Barbados, Guyana, the Spanish American Mainland, the Spanish Caribbean, Northeast Brazil, Bahia, Southeast Brazil and other areas, participated in some degree, in the criminal Trans-Atlantic Trafficking of people with African lineage and heritage;
Finally, the RTR is based on a principle of justice expressed in the 1949 Geneva Convention: Article 4 (1) defines prisoners of war and Article 5 states, “the present Convention shall apply to the persons referred to in Article 4 from the time they fall into the power of the enemy and until their final release and repatriation.”
The Decade of Return Initiative will see that international society is held accountable for providing for the Repatriation (“Right to Return”) under the Geneva Convention, for all descendants of the prisoners of the Dum Diversas War.
Additionally, United States v The Libelants and Claimants of the Schooner Amistad - 1841 makes clear that
“it is admitted that the African . . . owe no allegiance to (any Nations laws) their rights are to be determined by the law which is of universal obligation - the law of nature. . . a former domicile is not abandoned by residence in another if that residence be not voluntarily chosen. Those who are in exile, or in prison, as they are never presumed to have abandoned all hope of return, retain their former domicile. That these victims of fraud and piracy - husbands torn from their wives and families - children from their parents and kindred - neither intended to abandon the land or their nativity, nor had lost all hope of recovering it, sufficiently appears from the facts on this record.”
Article 15 of the Universal Declaration of Human Rights states,
“Article 15
Everyone has the right to a nationality. No one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.”
Article 12 of the AFRICAN CHARTER ON HUMAN AND PEOPLES RIGHTS states,
“Article 12
1. Every individual shall have the right to freedom of movement and residence within the borders of a State provided he abides by the law.
2. Every individual shall have the right to leave any country including his own, and to return to his country. This right may only be subject to restrictions, provided for by law for the protection of national security, law and order, public health or morality.”
The World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance Durban Declaration states,
“52. We note with concern that, among other factors, racism, racial discrimination, xenophobia and related intolerance contribute to forced displacement and the movement of people from their countries of origin as refugees and asylum-seekers;
(…)
54. We underline the urgency of addressing the root causes of displacement and of finding durable solutions for refugees and displaced persons, in particular voluntary return in safety and dignity to the countries of origin, as well as resettlement in third countries and local integration, when and where appropriate and feasible;”
On February 4th, 2003, the First Extra-Ordinary Summit of the Assembly of the African Union meeting in Addis Ababa, Ethiopia adopted the historic Article 3(q) that officially,
“invite(s) and encourage(s) the full participation of Africans in the Diaspora in the building of the African Union in its capacity as an important part of our Continent.”
The AU 50TH ANNIVERSARY SOLEMN DECLARATION states,
“We, the Heads of State and Government of the African Union assembled to celebrate the Golden Jubilee of the OAU/AU established in the city of Addis Ababa, Ethiopia on 25 May 1963,
Evoking the uniqueness of the history of Africa as the cradle of humanity and a centre of civilization, and dehumanized by slavery, deportation, dispossession, apartheid and colonialism as well as our struggles against these evils, which shaped our common destiny and enhanced our solidarity with peoples of African descent;
Recalling with pride, the historical role and efforts of the Founders of the Pan African Movement and the nationalist movements, whose visions, wisdom, solidarity and commitment continue to inspire us;
Reaffirming our commitment to the ideals of Pan-Africanism and Africa’s aspiration for greater unity, and paying tribute to the Founders of the Organization of African Unity (OAU) as well as the African peoples on the continent and in the Diaspora for their glorius and successful struggles against all forms of oppression, colonialism and apartheid; . . . .
Stressing our commitment to build a united and integrated Africa;
Guided by the vision of our Union and affirming our determination to “build an integrated, prosperous and peaceful Africa, driven and managed by its own citizens and representing a dynamic force in the international arena”; . .
Guided by the principles enshrined in the Constitutive Act of our Union and our Shared Values . . . .
ACKNOWLEDGE THAT: . . .
III. The implementation of the integration agenda; the involvement of people, including our Diaspora in the affairs of the Union; the quest for peace and security. . . remain challenges.
WE HEREBY DECLARE:
A. On the African Identity and Renaissance
i) Our strong commitment to accelerate the African Renaissance by ensuring
the integration of the principles of Pan Africanism in all our policies and
initiatives;
ii) Our unflinching belief in our common destiny, our Shared Values and the
affirmation of the African identity; the celebration of unity in diversity and the
institution of the African citizenship;
(…)
B. The struggle against colonialism and the right to self-determination of
people still under colonial rule
i) The completion of the decolonization process in Africa; to protect the right to
self-determination of African peoples still under colonial rule; solidarity with
people of African descend and in the Diaspora in their struggles against racial
discrimination; and resist all forms of influences contrary to the interests of the
continent; . . .
C. On the integration agenda
Our commitment to Africa‟s political, social and economic integration agenda, and in this
regard, speed up the process of attaining the objectives of the African Economic
Community and take steps towards the construction of a united and integrated Africa.
Consolidating existing commitments and instruments, we undertake, in particular, to:
i) Speedily implement the Continental Free Trade Area; ensure free movement
of goods, with focus on integrating local and regional markets as well as
facilitate African citizenship to allow free movement of people through the
gradual removal of visa requirements;
ii) Accelerate action on the ultimate establishment of a united and integrated
Africa, through the implementation of our common continental governance,
democracy and human rights frameworks. Move with speed towards the
integration and merger of the Regional Economic Communities as the building
blocks of the Union.”
The African Union Agenda 2063: Aspiration # 5: An Africa with a strong cultural identity, common heritage, values and ethics states,
“Pan Africanism By 2063, the fruits of the values and ideals of Pan Africanism will be manifest everywhere on the continent and beyond. The goal of the unity of the African peoples and peoples of African descent will be attained (2025). An Agency for Diaspora Affairs will be established in all member states by 2020 with the Diaspora integrated into the democratic processes by 2030. Dual citizenship for the Diaspora will be the standard by 2025. . . . “
In Pan-Africanism and Nationality Rights For the Diaspora: A Contemporary Perspective, in Pan-Africanism, African Nationalism: Strengthening the Unity of Africa and its Diaspora edited by B.F. Banke & K. Mchombu, A. Bernard puts it this wasy:
“The Pan-Africanist Law of Return: Quintessential Reparations
At a very basic level, if reparation is to repair the wrongs committed against African peoples through slavery and its apprentices, colonization and imperialism, the first wrong committed was taking millions of peoples from their homeland. Those taken from Africa lost, among other things, their citizenship and this is the first thing that needs to be given back. It is morally and philosophically the first step in the journey of a thousand miles that needs to be undertaken if Africa and African peoples are to move forward in a forceful, positive and determined manner in the 21st Century.
Concomitant with this position therefore is that the law of return can only be made possible by African governments/states, not the West. It is to be stated clearly nonetheless, that this is a right, not a concession or special privilege. Diasporan repatriates should not have to prove which part of Africa they are from. The loss of this specific identity is a part of the harm done by slavery, and cannot be used by African governments to reject Diasporans. Any African government which challenges the right to return to Africa for proof of specific identity is in breach of their own claim for compensation for slavery.”
It should be recalled that in 1996 the Economic and Social Council of the United Nations granted consultative status to the Rastafari Movement who were represented by Ras Bongo Spear and Ras Boanerges. [Note: it is unclear which organization received the ngo consultative status. The Jamaican Observer, November 24, 1996 says it was the International Rastafarian Development Society while others say it was the IRGC and still others say it was the Barbados-based Africa Hall ngo.] In 1998, at the United Nations in Geneva, Switzerland, Ras Bongo Spear and Ras Boanerges ask: “What is the responsibility of the nations to Africans in the diaspora with respect to the age-old quest for Repatriation?” Said the Rasses, “Our advice from that committee and from the UN Office of Human Rights . . .. was simple.
The United Nations as an organization of states cannot at this time in any serious way entertain the issue of repatriation without the consent of the African states and the African Governments to which we want to go in Africa. So we were directed to seek the support of African governments with respect to the acquisition of land. And after that, the matter can be brought up again to the United Nations and the issue of [settlement] can take place.”
These and other documents detail the basis of the African Diaspora’s Right to Return to their motherland. What do you think?