A/HRC/25/49
42.
Departing from the norm of physical monuments, some commissions have
sponsored artistic events. For example, the commissions in Peru and Timor-Leste organized
photo and poster exhibitions.21
43.
Many commissions have recommended transforming places of detention into places
of memory or, alternatively, called for the construction of memorials. However, national
authorities have not always complied with such recommendations. For example, one of the
first commissions of inquiry in Africa, in Chad from 1990 to 1992, called for the building
of a memorial to the victims of repression under Hissène Habré and required that the
second Sunday of December be declared a day of prayer and contemplation for those
victims. It also recommended that the former headquarters of the Direction de la
Documentation et de la Sécurité (the political police) be transformed by making the
underground prison into a museum to remember the dark reign.22 In Morocco, the Equity
and Reconciliation Commission in its final report recommended the transformation of the
old centres of illegal confinement or detention into productive projects, able to preserve
memory.23
44.
Recommendations by truth and reconciliation commissions are important
landmarks, helping civil society organizations to keep memorial issues on the agenda.
Those recommendations often limit the choice of action by a Government, which might
otherwise be tempted to destroy places of suffering and, in doing so, erase the memories
attached to it.
E.
The cultural rights angle
45.
Civil and political rights are the human rights mostly referred to in the development
of transitional justice policies and memorialization processes. This may be due to the fact
that the violations mostly invoked through memorial practices relate to the right to life,
physical integrity and liberty. Memorialization processes also involve exercising the rights
to freedom of opinion and expression, religion and belief, peaceful assembly and
association (articles 18 to 22 of the International Covenant on Civil and Political Rights).
46.
Such a distinction between categories of rights is always misleading, however.
Gross violations of human rights during conflicts include violations of economic, social and
cultural rights. The particular targeting of schools, cultural institutions, cultural symbols
and cultural heritage during wartime is to be recalled. Moreover, insofar as the broader and
cultural norms also play a role in enabling systematic violations of human rights, their role
must also be addressed.24
47.
Actions in the field of culture have an unparalleled potential to contribute
significantly to transitional processes precisely by enabling spaces where identities can be
tried out, including the identity of a rights claimant.25 Cultural interventions help to make
the victims visible by providing safe spaces for articulating their experiences.26 Memories
are subjective processes anchored in experiences and the material and symbolic markers of
21
22
23
24
25
26
10
Pablo de Greiff, “On making the invisible visible”.
See Mahamat Hassan Abakar, Chronique d’une enquête criminelle nationale. Le cas du régime de
Hissène Habré, 1982–1990, (Paris, L’Harmattan, 2006), p. 110-111.
Equity and Reconciliation Commission, final report, Truth, Equity and Reconciliation, vol. 1, see for
instance pp. 92 and 99, available from http://www.ccdh.org.ma/IMG/pdf/rapport_ang_1.pdf.
Bickford, “Memoryworks/memory works”.
Ibid.
Pablo de Greiff, “On making the invisible visible”.