A/HRC/45/45 II. General considerations 15. The present report on memorialization processes in the context of serious violations of human rights and humanitarian law is a continuation of the work already initiated by the Special Rapporteur, and the Special Rapporteur in the field of cultural rights, on the writing and teaching of history,1 memory processes in divided societies, 2 the prevention of gross human rights violations,3 and archives.4 The report focuses on the crucial role played by memorialization processes in the context of transitional justice, which is fully recognized by the rules and standards of contemporary international law. The work carried out on these past violations serves as a basis for reflection on the present and identification of contemporary issues related to exclusion, discrimination, marginalization and abuses of power, which are often linked to toxic political cultures. Positive work in the area of memory not only helps to build democratic cultures in which human rights are respected but also fulfils the legal obligation of States to guarantee human rights. 16. The present report seeks to identify the obligations of States and other stakeholders with regard to memory work. It is based on the assumption that memory work, like history, cannot be dissociated from the political influences and debates of the present, although it has clear limits: memory processes should never result in the revictimization of victims of human rights and/or humanitarian law violations by failing to recognize or attach sufficient importance to the harm that such victims have suffered. 17. The report describes good practices in memorialization processes and focuses on finding answers to three particular challenges: memorialization in times of conflict, memorialization in post-conflict situations and weaponization of memory in connection with the politicization of social networks. 18. These three challenges cannot be considered in isolation in a world where multilateralism and the human rights system are being called into question and populist and xenophobic ideologies are on the rise in different parts of the world. This situation is reflected in the upsurge in racism, antisemitism, anti-Muslim hatred and persecution of Christians, as well as in the increasing flashpoints in inter-State relations.5 19. This report mirrors the views of the Secretary-General, António Guterres, who highlighted the “pivotal moment” that the world is experiencing: No country alone, no organization alone, can provide the solutions we need for today’s global challenges, but multilateralism is under attack. The world is threatened by global warming, but also by a heating up of global political tensions. We are seeing an increasing deficit of trust in governments and politicians, and the rising appeal of nationalist and populist voices that demonize and divide. This is very dangerous at a time when collective action is essential. 6 III. Objectives and regulatory framework of memorialization processes A. Objectives 20. The underlying assumption of transitional justice is that past crimes – committed during an armed conflict, or by a repressive regime – must be adequately addressed in order to build a democratic, pluralistic, inclusive and peaceful society. The acknowledgement of war crimes and mass human rights violations is essential for restoring dignity to victims, 1 2 3 4 5 6 4 A/68/296. A/HRC/25/49. A/HRC/37/65, A/72/523. A/HRC/30/42, annex. www.un.org/en/genocideprevention/documents/advising-andmobilizing/Action_plan_on_hate_speech_EN.pdf. Guterres, António, “Multilateralism: The Backbone of Lasting Peace”, in Pierre Hazan and others (eds.), War and Peace, Gallimard and Fondation Martin Bodmer, 2019. GE.20-09155