A/HRC/25/49
24.
Positive initiatives exist, however, such as Chancellor Willy Brandt kneeling at the
monument to the Warsaw Ghetto in 1970, or President Nelson Mandela visiting the
Voortrekker Monument in Pretoria – often seen as embodying the policy of apartheid – in
2002. Integrated into a broader political strategy, memorialization can help to transform
political realities, catalysing needed social debate on past crimes or events.
III. A normative framework: the emergence of memorialization
standards
25.
The increasing trend in memorialization became institutionalized between 1997 and
2005, involving many actors in different forums and propelling States exiting conflicts or
periods of repression to engage in active memorial policies, using increasingly similar
modalities. Western memorial models commemorating the victims of Nazism, while not
always the most adequate or appropriate, have become a template or at least a political and
aesthetic inspiration for the representation of past tragedies or mass crimes.
26.
Alongside official, usually top-down, memorials are initiatives driven from below
by artists, political groups or communities determined to publicly recall the memory of
victims overlooked or denied by State policies. For example, this bottom-up trend led to the
creation of the International Coalition of Sites of Conscience in 1999. There are countless
grassroots and civil society memorial initiatives on all continents that may complement,
react to, or even directly oppose representations of official historiography.
A.
The Joinet-Orentlicher and the Van Boven-Bassiouni Principles
27.
At the international level, two sets of basic principles have been developed in the
area of reparations and the fight against impunity, which must be taken into consideration.
28.
First, Louis Joinet, the former Special Rapporteur of the Sub-Commission on
Prevention of Discrimination and Protection of Minorities, listed a Set of Principles for the
protection and promotion of human rights through actions to combat impunity, focused on
four pillars of transitional justice: the rights to know, to justice and to reparation and
guarantees of non-recurrence (E/CN.4/Sub.2/1997/20/Rev.1). The right to know is defined
not only as the right of individual victims or close relatives to know what happened (the
right to truth), but also as a “collective right, drawing upon history to prevent violations
from recurring in the future” (Ibid., para. 17). According to Principle No. 2, “A people’s
knowledge of the history of its oppression is part of its heritage and, as such, must be
preserved by appropriate measures in fulfilment of the State’s duty to remember. Such
measures shall be aimed at preserving the collective memory from extinction and, in
particular, at guarding against the development of revisionist and negationist arguments.”
29.
Mr. Joinet affirmed the need for actions based on memorialization: “On a collective
basis, symbolic measures intended to provide moral reparation, such as formal public
recognition by the State of its responsibility, or official declarations aimed at restoring
victims’ dignity, commemorative ceremonies, naming of public thoroughfares or the
erection of monuments, help to discharge the duty of remembrance” (Ibid., para. 42). Mr.
Joinet’s Set of Principles was expanded upon by Diane Orentlicher, the independent expert
appointed to update the Set of Principles, to become the Updated Set of Principles for the
protection and promotion of human rights through action to combat impunity, with similar
elements on the duty to preserve memory (E/CN.4/2005/102 and Add.1).
30.
Principles developed in other reports by the Special Rapporteur of the SubCommission, Theo van Boven (E/CN.4/1997/104), and the Special Rapporteur of the
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