30 Hamline J. Pub. L. & Pol'y 89 (2008-2009)
Race Rights Reparations: Exploring a Reparations Framework for Addressing Trade Inequality

handle is hein.journals/hplp30 and id is 93 raw text is: Race Rights Reparations: Exploring a Reparations
Framework for Addressing Trade Inequality
Fernne Brennan*
Tearing people from their families, communities, culture
and economies for the purpose of commerce, underpinned by racial
discrimination is clearly a moral wrong that the legal system
should correct. When it comes to the African Holocaust, however,
the narrative shifts. Why rake up the past? Why should Europe
carry the guilt? Pay? The relevance to contemporary problems is
minimal? I beg to differ. This paper argues that the Trans-Atlantic
slave trade was an African Holocaust' due to its systematic
*This paper is dedicated to Tony Brennan, Professor Janet Dine, Hamline
University School of Law and Alex Klein. All mistakes are mine.
1 Holocaust is a word derived from the Greek holokauston that means a burnt
sacrifice offered whole to God. See Holocaust, Dictionary.Com, available at
http://dictionary.reference.com/browse/Holocaust (last visited Jan. 28 2009).
The word holocaust was used to signify the work of the Nazi regime during the
Second World War in using crematoriums and open fires to exterminate people
of Jewish descent. See Holocaust, Encyclopaedia Britannica, available at
http://www.britannica.com/eb/article-904082 1/Holocaust (last visited Jan. 1,
2009). African Holocaust (Maafa) comes from the Kiswahili for terrible
occurrence and its modem form is used to depict the suffering of people of
African heritage through Slavery, Imperialism, Colonialism, Oppression,
Invasions and Exploitation. See African Holocaust, African History Restored,
available at http://www.africanholocaust.net/htmlah/holocaustspecial.htm (last
visited Jan. 1, 2009); see also Gerene L. Freeman, What About My 40 Acres and
a Mule? IV Racism and Nativism in American Political Culture, YALE-NEW
HAVEN TEACHES INSTITUTE, (1994) (arguing that there is a persistent resistance
to acceptance that there was an African Holocaust but we should call it what it

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