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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