A/HRC/45/45
Other Cruel, Inhuman or Degrading Treatment or Punishment 10 and the International
Convention for the Protection of All Persons from Enforced Disappearance. 11
27.
The updated set of principles for the protection and promotion of human rights
through action to combat impunity 12 establishes the right to know the truth about such
violations (also called the right to the truth) as an individual right of every victim, or his or
her family members, and also as a collective right whose “full and effective exercise ...
provides a vital safeguard against the recurrence of violations”. 13 The same instrument
establishes the duty of States in connection with memory and their responsibility for
transmitting history with a view to “preserving the collective memory from extinction and,
in particular, ... guarding against the development of revisionist and negationist
arguments”.14
28.
All too often, this fundamental obligation of States remains a dead letter in many
societies that have suffered under authoritarian regimes or endured internal conflicts:
violence in the present, which is closely bound up with past events, is related to the fact that
generations have grown up knowing almost nothing about the past.
29.
The updated set of principles for the protection and promotion of human rights
through action to combat impunity, formulated by Louis Joinet and his successor, Diane
Orentlicher, supplements the principles developed by the Special Rapporteur of the
Subcommission, Theo van Boven, 15 and updated by the Special Rapporteur of the
Commission on Human Rights, Cherif Bassiouni,16 which formed the basis for the Basic
Principles and Guidelines on the Right to a Remedy and Reparation for Victims of Gross
Violations of International Human Rights Law and Serious Violations of International
Humanitarian Law, adopted by the General Assembly in resolution 60/147.
30.
In this resolution, which was adopted by consensus in 2005, the General Assembly
recalled that memorialization processes are also part of the right to reparation. The
resolution specified that satisfaction should include the following measures: verification of
the facts and full and public disclosure of the truth; an official declaration or a judicial
decision restoring the dignity, the reputation and the rights of the victim and of persons
closely connected with the victim; public apologies, including acknowledgement of the
facts and acceptance of responsibility; commemorations and tributes to the victims; and the
inclusion of accurate information on violations in training courses on international human
rights law and international humanitarian law and in educational materials used at all levels.
31.
In societies that have suffered gross violations of human rights or serious violations
of international humanitarian law, the general obligation to safeguard human rights acquires
a distinct and particular dimension insofar as it relates to memory processes. The duty to
carry out memory processes in such cases derives from primary (covenants and conventions)
and secondary (principles and guidelines) sources of international human rights law. It must
also be stressed that memory processes cut across all aspects of full reparation – especially
the dimensions of satisfaction and guarantees of non-recurrence – as a new obligation
arising from the violations committed.
IV. Memory as a battlefield
32.
Memorialization takes many forms and should be a tool for fostering recognition of
otherness, the consideration of all persons as rights holders and the promotion of peace,
justice and social coexistence. But it is also part of a broader cultural framework in which
different visions, values and narratives come together. Culture is a prism through which we
10
11
12
13
14
15
16
6
Art. 2 (1).
Preamble, seventh para.; the substantive articles contain several provisions concerning the duty of
prevention.
E/CN.4/2005/102/Add.1, report by Diane Orentlicher, building on work previously carried out by
Louis Joinet.
Principle 2: The inalienable right to the truth.
Principle 3: The duty to preserve memory.
E/CN.4/1997/104.
E/CN.4/2000/62.
GE.20-09155
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