A/HRC/25/49
conflicts, mass or grave human rights violations), or the persons involved (soldiers,
combatants, victims, political leaders or activists for example).3
6.
Memorial expressions are extremely diverse. Major forms include authentic
sites (for example concentration camps, former torture and detention centres, sites of mass
killings and graves and emblematic monuments of repressive regimes); symbolic sites (such
as permanent or ephemeral constructed monuments carrying the names of victims, renamed
streets, buildings or infrastructure, virtual memorials on the Internet and museums of
history/memory); and activities (such as public apologies, reburials, walking tours, parades
and temporary exhibits). In addition, although outside the scope of this report, various
cultural expressions (artworks, films, documentaries, literature and sound and light shows
addressing a tourist audience, etc.) also contribute to memorialization processes.
7.
Memorials thus encompass all kinds of engagements specifically designed to
remember the wrongs of the past. This allows for diversity in approaches, as constructed
monuments do not always correspond to the wishes or culture of the communities
concerned.
A.
An evolution of expectations regarding memorialization
8.
The purpose of memorials has changed dramatically over time. In ancient Greek city
states, battlefield memorials were deliberately constructed of wood to enable erosion,
opening possibilities for reconciliation between former enemies.4
9.
With the passage of time, memorials have shifted from honouring soldiers dying in
the line of duty to a victims’ perspective and new visions of reconciliation. Starting in the
1980s, the creation of memorials has become linked to the idea that ensuring public
recognition of past crimes is indispensable to the victims, essential for preventing further
violence and necessary for redefining national unity. Memorialization is often a demand of
victims and society at large5 and the path to national reconciliation is seen to pass through
not only legal reparations, but also symbolic reparations such as memorials.
10.
The memorial injunction “Never again”, born after the First World War, was framed
in the late 1990s through the transitional justice paradigm, whereby the rule of law and
promoting democratic cultures are societal guarantees to protect against further tragedies.
With the recognition that civilians bear the main brunt of atrocities, memorialization has
become a political and sociocultural imperative in reconciliation processes.
11.
Contributing to the rise of memorialization was the emergence in the 1980s of the
controversial concept of the “duty of remembrance”6 of mass crimes, such as the
destruction of European Jews by the Nazis, the slave trade and the violence perpetrated
against indigenous peoples. This concept asserts the legitimacy of seeking reparation and
drawing lessons even centuries after the actual events.
3
4
5
6
4
See Louis Bickford, “Memoryworks/memory works”, in Transitional Justice, Culture and Society:
Beyond Outreach, Clara Ramírez-Barat, ed. (New York, Social Science Research Council,
forthcoming, 2014).
Miguel. A. Marin Luna “The evolution and present status of the laws of war”, Recueil des Cours de
l’Académie de Droit International, vol. 92 (1957), p. 652.
Simon Robins, “Challenging the therapeutic ethic: a victim-centred evaluation of the transitional
justice process in Timor-Leste”, International Journal of Transitional Justice, vol. 6, No. 1 (March
2012), pp. 83–105.
Sarah Gensburger, Marie-Claire Lavabre, “Entre ‘devoir de mémoire’ et ‘abus de mémoire’:
l a sociologie de la mémoire comme tierce position”, in Histoire, Mémoire et Épistémologie. Autour
de Paul Ricœur, Bertrand Müller, ed. (Lausanne, Switzerland, Éditions Payot, 2004).