A/HRC/45/45
65.
Culture in all its forms plays a key role in memory work, as it often allows
mechanisms of oppression, confrontation and violence to be deconstructed. The aim is to
replace toxic and negative political cultures whose legacies of violence and discrimination
persist for decades. In Argentina, civil society and the authorities have carried out
numerous activities in the arts, the media and public spaces that have helped successive
generations to acquire critical knowledge of the violent past.
66.
All these processes must observe the limits on memory practices described in
paragraph 16 above.
C.
Follow-up and ownership of the recommendations of truth-seeking
mechanisms
67.
All too often, the recommendations contained in the final reports of truth
commissions are not implemented or disclosed by States. This prevents society from
effectively taking ownership of them and leaves gaps in the narratives of the past that can
be exploited by political actors who are oblivious to the suffering of victims and the
requirements of a peaceful society. Transitional justice mechanisms should not be
established for purely cosmetic reasons or as a cover that enables States to avoid carrying
out the reforms needed to fulfil their obligations to victims and improve the quality of
democracy.
68.
During his visit to El Salvador, the Special Rapporteur expressed concern about the
long-term consequences of a policy of impunity that has been in place for more than 30
years. Although the Truth Commission recommended that the perpetrators of the most
serious crimes committed during the armed conflict should be prosecuted, thereby raising
victims’ hopes of obtaining justice, the opposite has happened.
This mechanism for impunity was accompanied by an institutional and widespread
system to deny and forget the past violations that gouged deep rifts in the social
fabric and collective narrative of the Salvadoran people. In this process, the victims
of the abhorrent crimes of the past were forgotten and rendered invisible.36
69.
D.
Unfortunately, this example is far from being unique in the world.
Access to archives
70.
Memorialization is linked to the ability to obtain access to archives. The most
obvious risk is that some warring groups might deliberately seek to destroy documents that
may be compromising or be used as evidence of serious violations of human rights and
international humanitarian law. This desire to hide is not new: more than a century ago,
King Leopold II of Belgium ordered the destruction of archives 37 documenting the terrible
violence committed under his authority in the Congo Free State. Since then, many
Governments have tried to eradicate the traces of their crimes. The Special Rapporteur
considers the protection of archives to be essential for enabling societies to learn the truth
and regain ownership of their history.38
71.
It is not enough to protect archives. All too often, State bodies linked to security
structures refuse to cooperate fully with transitional justice mechanisms or to make their
archives available. This has occurred in Morocco, where the Equity and Reconciliation
Commission was denied access to certain archives belonging to the security services. In
some countries, such as El Salvador, it is still practically impossible to obtain access to
military archives related to specific crimes, over 30 years after they occurred, owing to the
36
37
38
12
Preliminary observations of the Special Rapporteur following his official visit, available at
https://www.ohchr.org/EN/NewsEvents/Pages/DisplayNews.aspx?NewsID=24557&LangID=E.
Van Grieken, E. and Madeleine van Grieken-Tavernier, Les archives inventoriées au Ministère des
Colonies, 21 May 1957, available at www.kaowarsom.be/en/memoir_156.
As a positive example, Switzerland and organizations such as Swisspeace have undertaken to protect
endangered archives in several countries.
GE.20-09155
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