A/HRC/45/45 enabling society to regain trust and initiating a process of reconciliation – both vertical (between citizens and State authorities) and horizontal (between different groups in cases involving conflicts between populations) – that duly complements the criminal prosecution and sentencing of perpetrators and the award of reparations to victims. Failure to recognize and punish the crimes and violations that have occurred leads to denialism and perpetuates and legitimizes violence. 21. The approach to be taken to such crimes is based on the pillars of transitional justice: without the memory of the past, there can be no right to truth, justice, reparation, or guarantees of non-recurrence. For this reason, memory processes in connection with serious violations of human rights and international humanitarian law constitute the fifth pillar of transitional justice. It is both a stand-alone and a cross-cutting pillar, as it contributes to the implementation of the other four pillars and is a vital tool for enabling societies to emerge from the cycle of hatred and conflict and begin taking definite steps towards building a culture of peace. 22. In addressing past violations, transitional justice processes seek to contribute to the fulfilment of several objectives associated with different time frames: (a) To shed light on past violations (by establishing the facts and criminally punishing the perpetrators); (b) To address the challenges of the present (by recognizing, honouring and commemorating the memory of victims, providing reparation, allowing stories to be told, making public apologies, combating denialism, bringing calm and restoring trust in the State and between communities); and (c) To prepare for the future (by preventing future violence through education and awareness-raising and establishing a culture of peace). Memory processes help to promote commitment to a democratic society, encourage debates on the representation of the past and allow the problems of the present to be addressed in a relevant manner. 23. In the Durban Declaration and Programme of Action of the World Conference against Racism, Racial Discrimination, Xenophobia and Related Intolerance, adopted in Durban in 2001, the role of memory is understood as a tool for combating injustice and promoting peace: Remembering the crimes and wrongs of the past, wherever and whenever they occurred, unequivocally condemning its racist tragedies and telling the truth about history are essential elements for international reconciliation and the creation of societies based on justice, equality and solidarity. 7 24. Memorialization deals with events that took place long ago, such as the slave trade, and violations committed in the recent past or during ongoing conflicts. B. United Nations regulatory framework and standards 25. States have adopted various instruments that recognize the fundamental role played by memory in creating an environment conducive to coexistence in the wake of violations of human rights and international humanitarian law. 26. It is first necessary to emphasize the general obligation to guarantee the right not to be a victim of serious violations, such as enforced disappearance, arbitrary execution, torture and genocide. The prohibition and prevention of such violations are provided for in the Convention on the Prevention and Punishment of the Crime of Genocide, 8 the International Covenant on Civil and Political Rights,9 the Convention against Torture and 7 8 9 GE.20-09155 https://www.ohchr.org/Documents/Publications/Durban_text_en.pdf, para. 106. Art. 1. Art. 2. 5