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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