A/HRC/45/45
II. General considerations
15.
The present report on memorialization processes in the context of serious violations
of human rights and humanitarian law is a continuation of the work already initiated by the
Special Rapporteur, and the Special Rapporteur in the field of cultural rights, on the writing
and teaching of history,1 memory processes in divided societies, 2 the prevention of gross
human rights violations,3 and archives.4 The report focuses on the crucial role played by
memorialization processes in the context of transitional justice, which is fully recognized
by the rules and standards of contemporary international law. The work carried out on these
past violations serves as a basis for reflection on the present and identification of
contemporary issues related to exclusion, discrimination, marginalization and abuses of
power, which are often linked to toxic political cultures. Positive work in the area of
memory not only helps to build democratic cultures in which human rights are respected
but also fulfils the legal obligation of States to guarantee human rights.
16.
The present report seeks to identify the obligations of States and other stakeholders
with regard to memory work. It is based on the assumption that memory work, like history,
cannot be dissociated from the political influences and debates of the present, although it
has clear limits: memory processes should never result in the revictimization of victims of
human rights and/or humanitarian law violations by failing to recognize or attach sufficient
importance to the harm that such victims have suffered.
17.
The report describes good practices in memorialization processes and focuses on
finding answers to three particular challenges: memorialization in times of conflict,
memorialization in post-conflict situations and weaponization of memory in connection
with the politicization of social networks.
18.
These three challenges cannot be considered in isolation in a world where
multilateralism and the human rights system are being called into question and populist and
xenophobic ideologies are on the rise in different parts of the world. This situation is
reflected in the upsurge in racism, antisemitism, anti-Muslim hatred and persecution of
Christians, as well as in the increasing flashpoints in inter-State relations.5
19.
This report mirrors the views of the Secretary-General, António Guterres, who
highlighted the “pivotal moment” that the world is experiencing:
No country alone, no organization alone, can provide the solutions we need for
today’s global challenges, but multilateralism is under attack. The world is
threatened by global warming, but also by a heating up of global political tensions.
We are seeing an increasing deficit of trust in governments and politicians, and the
rising appeal of nationalist and populist voices that demonize and divide. This is
very dangerous at a time when collective action is essential. 6
III. Objectives and regulatory framework of memorialization
processes
A.
Objectives
20.
The underlying assumption of transitional justice is that past crimes – committed
during an armed conflict, or by a repressive regime – must be adequately addressed in order
to build a democratic, pluralistic, inclusive and peaceful society. The acknowledgement of
war crimes and mass human rights violations is essential for restoring dignity to victims,
1
2
3
4
5
6
4
A/68/296.
A/HRC/25/49.
A/HRC/37/65, A/72/523.
A/HRC/30/42, annex.
www.un.org/en/genocideprevention/documents/advising-andmobilizing/Action_plan_on_hate_speech_EN.pdf.
Guterres, António, “Multilateralism: The Backbone of Lasting Peace”, in Pierre Hazan and others
(eds.), War and Peace, Gallimard and Fondation Martin Bodmer, 2019.
GE.20-09155
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