A/HRC/45/45
100. Transitional justice systems require vigorous and active memory policies based
on human rights approaches in order to adequately address past crimes committed by
dictatorial or authoritarian regimes or crimes perpetrated in the context of an armed
conflict. Without memory, the rights to truth, justice and full reparation cannot be
fully realized and there can be no guarantees of non-recurrence.
101. Memory processes related to gross violations of human rights and serious
violations of international humanitarian law constitute the fifth pillar of transitional
justice.
102. Memory processes complement but do not replace mechanisms for truth,
justice, reparation and guarantees of non-recurrence. Memory mechanisms should
never serve as a pretext for granting de jure or de facto impunity to the perpetrators
of gross violations of human rights or serious violations of international humanitarian
law.
103. Progressivity is a principle that informs international human rights law from a
pro personae perspective. Memorialization processes must also be progressively
developed so as to move forward in the search for truth and in effectively establishing
memory policies concerning past violations, while considering different groups of
victims and duly reflecting a gender perspective. The principle of non-regression in
relation to memory processes places a limit on denialist or revisionist theories that
seek to deny the extent of past violations and the harm caused to victims.
104. Memorialization is a long-term process in which the State must play an active
and decisive role. The authorities that adopt and implement memory policies should
ensure that such policies properly represent the views of the victims and are
established in collaboration with civil society, especially human rights organizations.
105. Public policy on memory should be multidimensional and include measures
related to public spaces (memorials, parks, squares, etc.), artistic expressions
(museums, plays, concerts, pictorial exhibits, etc.), media initiatives, and Statesponsored public events and activities held on significant dates. In the area of
education, programmes under such policies should be established at all levels of
formal and informal education and steps should be taken to build a culture of peace.
106. Memory processes cut across all aspects of full reparation – especially the
dimensions of satisfaction and guarantees of non-recurrence – as a new obligation for
States arising from the violations committed.
107. The memorialization of past times defined by violations of human rights and
international humanitarian law provides an opportunity to reflect on the present and
identify contemporary problems related to exclusion, discrimination, marginalization
and abuses of power, which are often linked to toxic political cultures.
Memorialization promotes the development of a culture of democracy and respect for
human rights.
108. The purpose of the proper use of memory is to establish a “dialogic truth”, that
is, to create the conditions for a debate within society on the causes and consequences
of past crimes and violence and on the attribution of direct and indirect responsibility.
Memory processes cannot, under any circumstances, deny or attempt to detract from
violations and crimes that have been verified by truth commissions and/or legal
proceedings. Such a deceptive exploitation of memory is unacceptable and contrary to
international human rights obligations.
109. The voices of victims of human rights violations must play a key role in the
construction of memory. This will also help to counteract attempts at denialism,
revisionism and manipulation by the perpetrators of violations and by political groups
or interests that seek to rekindle violence. The public authorities must refrain from
making denialist statements that whitewash violations and revictimize victims.
110. The purpose of memory processes in post-conflict situations is to allow
victimized populations to make sense of a brutal past, avoid vengefulness, come to
terms with past divisions, repudiate the crimes committed, support justice
mechanisms and, through the lessons learned, alleviate existing tensions, allowing
society to live peacefully going forward.
18
GE.20-09155
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