The Jamaican government will take its fight for slavery reparations to the King as ministers said attempts to seek redress for the past had entered “another phase”.
Officials for the Commonwealth realm have submitted three “legal questions” for the King to take to the Privy Council.
Olivia Grange, Jamaica’s minister of culture, gender, entertainment and sport, said: “We are taking our demand for reparations from the United Kingdom for the enslavement of our African ancestors into another phase. We will be submitting a petition to His Majesty King Charles III to refer to the Privy Council a set of questions that we want answered within his current position as head of state for Jamaica.”
She added that “three specific legal questions” had been outlined in the submission.
In the submission, the officials ask: whether the forced transport of African people from their homelands to their subsequent enslavement in Jamaica was lawful; whether the transportation and slavery of people of African descent can be considered “crimes against humanity under international law for which the UK bears responsibility”; and “whether the UK is under an obligation to provide a remedy to the Jamaican people for the unlawful transport and subsequent enslavement of African people in Jamaica under British rule”.
Announcing the move in the House of Representatives, Grange said that “the matter is now with the attorney-general of Jamaica for filing on behalf of the people of Jamaica”.
She said that the country, which recognises the British monarch as its head of state, had given the matter careful thought, adding: “We have taken much into consideration, including positions discussed with us by several legal minds.”
The King has remained the head of state for the country which has been a Commonwealth realm since gaining independence from Britain in 1962.
Charles is presented with a rasta cap by Bob Marley’s widow, Rita, in Trench Town in 2000
JULIAN PARKER/GETTY IMAGES
The Privy Council, a formal body that historically was set up to advise the sovereign on matters of government, meets once a month. Under the Judicial Committee Act of 1833, the King has the authority to refer the questions to the Privy Council for consideration.
Andrew Holness, the Jamaican prime minister, has often spoken of his hope that his country will become a republic, severing ties with the royal family.
During a visit to the Caribbean in 2022 the Prince and Princess of Wales, then Duke and Duchess of Cambridge, were left standing awkwardly during a meeting in which Holness told them that his country was “moving on” from the monarchy.
William and Kate during a visit to Trench Town, Jamaica, in 2022 — an image that provoked a storm of criticism
CHRIS JACKSON/REUTERS
In 2009 Jamaica set up the National Committee of Reparations and has been at the forefront of the debate.
In Rwanda in 2022, Charles expressed his “personal sorrow” over the transatlantic slave trade. It came after a 2018 speech in Ghana in which he said that the “horror of slavery” had left an “indelible stain” on the world.
During the last Commonwealth heads of government meeting in Samoa, countries said that the “time had come” for a proper conversation on the subject. However, in a speech to member states, the King stopped short of mentioning reparations, instead suggesting that “dialogue” and other “creative” solutions could be found to address the problem.
He said: “Dark clouds have gathered over many regions, but the Commonwealth can surely be a cause of hope and healing. International challenges on such a scale call for international solutions, through dialogue and discussion. For that is where, eventually, peace resides.”
Jamaica’s latest move appears to have increased the pressure of their campaign for reparations. Ministers said that the submission to the King was a “legal approach”, separate from the ongoing political discussions about reparations.
Grange said that the legal manoeuvre was inspired by the historic cases of two west African slaves who had both found success in European courts.
First, she cited Olaudah Equiano, who bought his freedom and travelled to England where he became part of the abolitionist group, Sons of Africa. Equiano brought a case to court in 1777 under Lord Mansfield and won a declaration that slavery was unlawful in England and, by extension, her colonies.
Portrait of Olaudah Equiano
Secondly, she raised the historic case of Lourenço da Silva Mendonça, who put a similar case to the Pope in 1684 and secured a similar declaration from the Vatican that slavery was unlawful.
Grenada’s parliament is expected to debate a bill that would see the King dropped from the country’s oath of allegiance. If successful, the bill, which is due to be heard next month, would change the oath of allegiance to replace “His Majesty” with “Grenada”.
Draft legislation which will be put in front of parliament includes a proposal to amend Section 37, Schedule 3 of the 1973 Constitution Order by replacing the phrase “His Majesty King Charles the Third, His Heirs and Successors” with “Grenada.”
It has reignited calls to hold a referendum in the country for Grenada to become a republic.
Cajeton Hood, a former Grenada attorney-general, said that a constitutional change should be determined by the people through a national referendum rather than a parliamentary vote.
Hood said: “I believe that once we are not a republic and still in the Commonwealth, the oath should be to the King because he is our head of state and is represented here by the governor-general.
“I have no problem with Grenada becoming a republic, but it must be done by referendum. Let the citizens make that choice, and then we change the oath of allegiance.”
