Redress and Reparations Movements

The following are examples of historic and modern redress movements.

Special Field Order No. 15, January 16, 1865

On January 16, 1865, General Sherman issued Special Field Order No. 15. The order was issued to aid the thousands of African Americans who had recently been freed from slavery. This action was in response to a meeting with 20 local African American ministers and the U.S. Secretary of War Edwin M. Stanton at Sherman’s headquarters in Savannah. When Sherman asked of these community leaders what they wanted, the spokesperson of the group, Reverend Garrison Frazier, replied: “The way we can best take care of ourselves is to have land, and turn it and till it by our own labor.” The order provided for the confiscation of 400,000 acres of land along the Atlantic coast of South Carolina, Georgia and Florida. The land was to be divided up into parcels of not more than 40 acres. In addition, the Army would provide a mule. This became popularly known as “forty acres and a mule.” The order read, in part:

I. The islands from Charleston south, the abandoned rice-fields along the rivers for thirty miles back from the sea, and the country bordering the St. John’s River, Florida, are reserved and set apart for the settlement of the negroes now made free by the acts of war and the proclamation of the President of the United States. / II. At Beaufort, Hilton Head, Savannah, Fernandina, St. Augustine, and Jacksonville the blacks may remain in their chosen or accustomed vocations; but on the islands, and in the settlements hereafter to be established, no white person whatever, unless military officers and soldiers detailed for duty, will be permitted to reside, and the sole and exclusive management of affairs will be left to the freed people themselves, subject only to the United States military authority, and the acts of Congress. By the laws of war and orders of the President of the United States, the negro is free, and must be dealt with as such.

Field Order No. 15 and its provisions were revoked by President Johnson.

(Source: Official Records of the War of the Rebellion.)

Reparations by the Federal Republic of Germany for the Nazi Holocaust

Jewish organizations and the State of Israel demanded reparations from West Germany for Nazi persecution and genocide against the Jewish people. In response, West German chancellor Konrad Adenauer addressed the Bundestag, “…Unspeakable crimes have been committed in the name of the German people, calling for moral and material indemnity…the federal government are prepared, jointly with representatives of Jewry and the State of Israel…to bring about a solution of [the] material indemnity problem, thus easing the way to spiritual settlement of infinite suffering.” A month later, the World Jewish Congress and the Jewish Agency for Israel organized a meeting of 23 major Jewish organizations. From this, these groups organized the Conference on Jewish Material Claims Against Germany—the Claims Conference. “The Claims Conference had the task of negotiating with the German government a program of indemnification for the material damages to Jewish individuals and to the Jewish people caused by Germany through the Holocaust.” Israeli authorities calculated that more than six billion dollars of Jewish assets had been stolen by the Nazis. It further stipulated that Germany could never make up for the genocide against the Jews with any type of monetary compensation. The coalition government of Ben-Gurion demanded, however, that reparations were necessary to restore assets stolen from victims of the Holocaust. The reparations discussions were highly controversial in Israel. Israeli opposition leader Menachem Begin stated, “Our honor shall not be sold for money; Our blood shall not be atoned by goods. We shall wipe out the disgrace!” In addition, many felt that the West German government would not make good on its promises of reparations. An opposition political party member stated, “I am not assuming that there are people who believe that Germany will pay a total of three billion marks, over a period of 12 years, and that this is no empty promise.... The Israeli government will obtain nothing but a piece of paper referring to three billion marks. And all this is only intended to mislead the public and claim the government has attained…” West Germany paid the state of Israel three billion marks from 1952 to 1964; four hundred fifty million marks were paid to the World Jewish Congress. The money paid to Israel was invested into Israel’s infrastructure and was crucial in establishing a viable economy for the state.

The Reparations Agreement Between Israel and the Federal Republic of Germany, Luxemburger Abkommen (“Luxembourg Agreement”) was signed on September 10, 1952. It came into force on March 27, 1953. West Germany agreed to pay Israel the costs of “resettling so great a number of uprooted and destitute Jewish refugees” after World War II, and to pay individual Jews via the Conference on Jewish Material Claims Against Germany for the murder of Jews, their livelihood, and the loss of property caused by Nazi persecution and genocide. The Prime Minister of Israel, David Ben-Gurion, in 1952 explained that the reparations were based on the concept of recovering as much lost Jewish property as possible, “so that the murderers do not become the heirs as well.” The other argument was that reparations were to pay for the absorption and rehabilitation of Holocaust survivors in the state of Israel.

(Sources: USHMM: Chancellor Konrad Adenauer signs the reparations agreement between the Federal Republic of Germany and Israel; Honig, F.: The Reparations Agreement between Israel and the Federal Republic of Germany, American Journal of International Law, 48, October 1954.)

South African Truth and Reconciliation

The following text is taken from the official South African Truth and Reconciliation Commission website (http://www.justice.gov.za/Trc/):

The South African Truth and Reconciliation Commission (TRC) was set up by the Government of National Unity to help deal with what happened under apartheid. The conflict during this period resulted in violence and human rights abuses from all sides. No section of society escaped these abuses.

The TRC was based on the Promotion of National Unity and Reconciliation Act, No 34 of 1995.

"... a commission is a necessary exercise to enable South Africans to come to terms with their past on a morally accepted basis and to advance the cause of reconciliation."
- Mr. Dullah Omar, former Minister of Justice

The TRC effected its mandate through 3 committees: the Amnesty Committee, Reparation and Rehabilitation (R&R) Committee and Human Rights Violations (HRV) Committee.

Human Rights Violations (HRV) Committee

The task of the HRV Committee was to investigate human rights abuses that took place between 1960 and 1994, based on statements made to the TRC. The Committee established the identity of the victims, their fate or present whereabouts, and the nature and extent of the harm they have suffered; and whether the violations were the result of deliberate planning by the state or any other organisation, group or individual. Once victims of gross human rights violations are identified, they are referred to the Reparation and Rehabilitation Committee.

Reparation and Rehabilitation (R&R) Committee

The enabling act empowered the R&R Committee to provide victim support to ensure that the Truth Commission process restores victims' dignity; and to formulate policy proposals and recommendations on rehabilitation and healing of survivors, their families and communities at large. The envisaged overall function of all recommendations is to ensure non repetition, healing and healthy co-existence. A President's Fund, funded by Parliament and private contributions, has been established to pay urgent interim reparation to victims in terms of the regulations prescribed by the President.

Amnesty Committee (AC)

The primary function of the AC is to consider that applications for amnesty were done in accordance with the provisions of the Act. Applicants could apply for amnesty for any act, omission or offence associated with a political objective committed between 1 March 1960 to 6 December 1993. The cut-off date was later extended to 11 May 1994. The final date for the submission of applications was 30 September 1997. Being granted amnesty for an act means that the perpetrator is free from prosecution for that particular act.

The Register of Reconciliation gave members of the public a chance to express their regret at failing to prevent human rights violations and to demonstrate their commitment to reconciliation.

This register gave members of the public a chance to express their regret at failing to prevent human rights violations and to demonstrate their commitment to reconciliation.

Mrs. Mary Burton, the TRC Commissioner who proposed the establishment of the register, explains:

The register has been established in response to a deep wish for reconciliation in the hearts of many South Africans -- people who did not perhaps commit gross violations of human rights but nevertheless wish to indicate their regret for failures in the past to do all they could have done to prevent such violations; people who want to demonstrate in some symbolic way their commitment to a new kind of future in which human rights abuses will not take place.

'We know that many South Africans are ready and eager to turn away from a past history of division and discrimination. Guilt for wrongdoing needs to be translated into positive commitment to building a better society - the healthiest and most productive form of atonement.'

Regulations relating to Assistance to Victims in respect of Higher Education and Training: Promotion of National Unity and Reconciliation Act, 1995, GG 38157, RG 10305, Vol 593, R 852 & R 853 (Afr), 03 Nov 2014.

Japanese American Redress and Reparations, Civil Liberties Act of 1988

Mayor of London Apologizes for Role of London in Atlantic Slave Trade, March 21, 2007

On March 21, 2007, the Mayor of London, England, Ken Livingston, apologized for London’s role in the slave trade. He called on British Prime Minister Tony Blair to do likewise. “It will be infinitely better for our country’s reputation if that apology is made now justly, frankly and openly. Delay demeans our country. You can look across to see the institutions that still have the benefit of wealth they created from slavery.” (Source: BBC)

British Prime Minister Apologizes for England’s Role in International Slave Trade

On November 27, 2007, British Prime Minister Tony Blair apologized for England’s role in the international slave trade. African civil rights activists believed the apology failed to address slavery adequately. Blair again apologized on March 14, 2008. He stated, “It is an opportunity for the United Kingdom to express our deep sorrow and regret for our nation’s role in the slave trade and for the unbearable suffering, individually and collectively, it caused.” He also recognized British abolitionists such as Thomas Clarkson, William Wilberforce and Olaudah Equiano.

Apology to Australia’s Indigenous Peoples

By Prime Minister Kevin Rudd, February 13, 2008

Apology Transcript:

The Speaker of the House (Hon Harry Jenkins MP): The Clerk.

The Clerk: Government business notice number 1, Motion offering an apology to Australia's Indigenous peoples.

The Speaker: Prime Minister.

Prime Minister (Hon Kevin Rudd MP): Mr. Speaker, I move:

That today we honour the Indigenous peoples of this land, the oldest continuing cultures in human history.

We reflect on their past mistreatment.

We reflect in particular on the mistreatment of those who were Stolen Generations - this blemished chapter in our nation's history.

The time has now come for the nation to turn a new page in Australia's history by righting the wrongs of the past and so moving forward with confidence to the future.

We apologise for the laws and policies of successive Parliaments and governments that have inflicted profound grief, suffering and loss on these our fellow Australians.

We apologise especially for the removal of Aboriginal and Torres Strait Islander children from their families, their communities and their country.

For the pain, suffering and hurt of these Stolen Generations, their descendants and for their families left behind, we say sorry.

To the mothers and the fathers, the brothers and the sisters, for the breaking up of families and communities, we say sorry.

And for the indignity and degradation thus inflicted on a proud people and a proud culture, we say sorry.

We the Parliament of Australia respectfully request that this apology be received in the spirit in which it is offered as part of the healing of the nation.

For the future we take heart; resolving that this new page in the history of our great continent can now be written.

We today take this first step by acknowledging the past and laying claim to a future that embraces all Australians.

A future where this Parliament resolves that the injustices of the past must never, never happen again.

A future where we harness the determination of all Australians, Indigenous and non-Indigenous, to close the gap that lies between us in life expectancy, educational achievement and economic opportunity.

A future where we embrace the possibility of new solutions to enduring problems where old approaches have failed.

A future based on mutual respect, mutual resolve and mutual responsibility.

A future where all Australians, whatever their origins, are truly equal partners, with equal opportunities and with an equal stake in shaping the next chapter in the history of this great country, Australia.

(Source: http://www.australia.gov.au/about-australia/our-country/our-people/apology-to-australias-indigenous-peoples)

Apology to Native Peoples on behalf of the United States

111th CONGRESS
1st Session

S. J. RES. 14

To acknowledge a long history of official depredations and ill-conceived policies by the Federal Government regarding Indian tribes and offer an apology to all Native Peoples on behalf of the United States.

IN THE SENATE OF THE UNITED STATES

April 30, 2009

Mr. Brownback (for himself, Mr. Inouye, Mr. Baucus, Mrs. Boxer, Mr. Crapo, Ms. Cantwell, Mr. Coburn, Mr. Harkin, Mr. Lieberman, and Mr. Tester) introduced the following joint resolution; which was read twice and referred to the Committee on Indian Affairs

JOINT RESOLUTION

Whereas the ancestors of today’s Native Peoples inhabited the land of the present-day United States since time immemorial and for thousands of years before the arrival of people of European descent;

Whereas for millennia, Native Peoples have honored, protected, and stewarded this land we cherish;

Whereas Native Peoples are spiritual people with a deep and abiding belief in the Creator, and for millennia Native Peoples have maintained a powerful spiritual connection to this land, as evidenced by their customs and legends;

Whereas the arrival of Europeans in North America opened a new chapter in the history of Native Peoples;

Whereas while establishment of permanent European settlements in North America did stir conflict with nearby Indian tribes, peaceful and mutually beneficial interactions also took place;

Whereas the foundational English settlements in Jamestown, Virginia, and Plymouth, Massachusetts, owed their survival in large measure to the compassion and aid of Native Peoples in the vicinities of the settlements;

Whereas in the infancy of the United States, the founders of the Republic expressed their desire for a just relationship with the Indian tribes, as evidenced by the Northwest Ordinance enacted by Congress in 1787, which begins with the phrase, “The utmost good faith shall always be observed toward the Indians”;

Whereas Indian tribes provided great assistance to the fledgling Republic as it strengthened and grew, including invaluable help to Meriwether Lewis and William Clark on their epic journey from St. Louis, Missouri, to the Pacific Coast;

Whereas Native Peoples and non-Native settlers engaged in numerous armed conflicts in which unfortunately, both took innocent lives, including those of women and children;

Whereas the Federal Government violated many of the treaties ratified by Congress and other diplomatic agreements with Indian tribes;

Whereas the United States forced Indian tribes and their citizens to move away from their traditional homelands and onto federally established and controlled reservations, in accordance with such Acts as the Act of May 28, 1830 (4 Stat. 411, chapter 148) (commonly known as the “Indian Removal Act”);

Whereas many Native Peoples suffered and perished—

(1) during the execution of the official Federal Government policy of forced removal, including the infamous Trail of Tears and Long Walk;

(2) during bloody armed confrontations and massacres, such as the Sand Creek Massacre in 1864 and the Wounded Knee Massacre in 1890; and

(3) on numerous Indian reservations;

Whereas the Federal Government condemned the traditions, beliefs, and customs of Native Peoples and endeavored to assimilate them by such policies as the redistribution of land under the Act of February 8, 1887 (25 U.S.C. 331; 24 Stat. 388, chapter 119) (commonly known as the “General Allotment Act”), and the forcible removal of Native children from their families to faraway boarding schools where their Native practices and languages were degraded and forbidden;

Whereas officials of the Federal Government and private United States citizens harmed Native Peoples by the unlawful acquisition of recognized tribal land and the theft of tribal resources and assets from recognized tribal land;

Whereas the policies of the Federal Government toward Indian tribes and the breaking of covenants with Indian tribes have contributed to the severe social ills and economic troubles in many Native communities today;

Whereas despite the wrongs committed against Native Peoples by the United States, Native Peoples have remained committed to the protection of this great land, as evidenced by the fact that, on a per capita basis, more Native Peoples have served in the United States Armed Forces and placed themselves in harm’s way in defense of the United States in every major military conflict than any other ethnic group;

Whereas Indian tribes have actively influenced the public life of the United States by continued cooperation with Congress and the Department of the Interior, through the involvement of Native individuals in official Federal Government positions, and by leadership of their own sovereign Indian tribes;

Whereas Indian tribes are resilient and determined to preserve, develop, and transmit to future generations their unique cultural identities;

Whereas the National Museum of the American Indian was established within the Smithsonian Institution as a living memorial to Native Peoples and their traditions; and

Whereas Native Peoples are endowed by their Creator with certain unalienable rights, and among those are life, liberty, and the pursuit of happiness: Now, therefore, be it

Resolved by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. RESOLUTION OF APOLOGY TO NATIVE PEOPLES OF THE UNITED STATES.

(a) Acknowledgment And Apology.—The United States, acting through Congress—

(1) recognizes the special legal and political relationship Indian tribes have with the United States and the solemn covenant with the land we share;

(2) commends and honors Native Peoples for the thousands of years that they have stewarded and protected this land;

(3) recognizes that there have been years of official depredations, ill-conceived policies, and the breaking of covenants by the Federal Government regarding Indian tribes;

(4) apologizes on behalf of the people of the United States to all Native Peoples for the many instances of violence, maltreatment, and neglect inflicted on Native Peoples by citizens of the United States;

(5) expresses its regret for the ramifications of former wrongs and its commitment to build on the positive relationships of the past and present to move toward a brighter future where all the people of this land live reconciled as brothers and sisters, and harmoniously steward and protect this land together;

(6) urges the President to acknowledge the wrongs of the United States against Indian tribes in the history of the United States in order to bring healing to this land; and

(7) commends the State governments that have begun reconciliation efforts with recognized Indian tribes located in their boundaries and encourages all State governments similarly to work toward reconciling relationships with Indian tribes within their boundaries.

(b) Disclaimer.—Nothing in this Joint Resolution—

(1) authorizes or supports any claim against the United States; or

(2) serves as a settlement of any claim against the United States.