12/12/2023

Truth and memory in the context of transitional justice

Truth and openness initiatives can play a great role both in documenting and recognizing human rights violations. Commemoration initiatives contribute to shaping public understanding of past violations. The Truth and Memory programme seeks to champion the right to truth, and to support and advise truth and memory initiatives around the world.

In the wake of a devastating conflict or repressive regime, knowing the truth about the past is only an important step towards justice, a recognized human right enjoyed by all victims and survivors of human rights violations alike. International law expressly recognizes "the right to know the circumstances of flagrant violations of the human rights of victims and the identity of those responsible."

Upholding this right is of particular importance, given that national regimes deliberately misrepresent history and deny atrocities in order to justify themselves, inflame the feeling of loss of trust and even incite new cycles of violence. Therefore, the search for truth contributes to the development of a historical record that prevents this kind of manipulation.

A meaningful search for truth promotes justice and moves its other forms. Truth-seeking measures are capable of providing important and reliable information on the basis of which victims records and lists of criminal cases are drawn up. It also serves as an important platform for victims to express their experiences and demands, which will inform both how reparations and meaningful reforms are put in place and how they are implemented. The search for truth can help victims end their suffering by revealing details of the fate of their forcibly hidden relatives or the motive behind the violation against a particular group of people.

Victims of human rights violations are unable to forget, and States duty is to preserve the historical memory of the obstacles to violence and repression. In this regard, architectural monuments, museums and remembrance activities are necessary educational initiatives that would constitute a public record and serve as a fortified shield against denial and repetition. In many cases, remembrance and truth-seeking activities organized under the leadership of civil society were the catalyst that led States to assume their responsibilities. More generally, art-based forms of truth-seeking and openness are the most useful way to reach large segments of the public and to begin the necessary cultural transformations towards a just and inclusive future.

The search for the truth may take various forms, requiring a broad spectrum of efforts at the local, national and international levels. Direct support and advice must be provided, as required, to highlight stories that would otherwise remain muffled and to uncover the underlying causes of conflict and repression and their effects on victims lives. These include officially implemented or civil society-led documentation projects, State-run truth commissions, hidden search commissions, commissions of inquiry, projects based on theatrical performances, films or other forms of art, as well as civil society-led public hearings and other innovative efforts.

At the local level, Governments must be urged and supported in their efforts to formulate inclusive, context-specific mandates for truth commissions and other bodies. Likewise, civil society has been supported by facilitating platforms that allow it to interact directly with State actors and assist those specializing in independent truth and memory initiatives. This is to fill the gaps in State-led operations and, at times, constitutes catalysts that demonstrate the unspoken truth and tell victims stories that have been silenced by Governments. At the international level, fact-finding and truth-seeking mechanisms led by the United Nations or other international stakeholders must be supported.

Whatever the type or level of truth-seeking and remembrance work, efforts must be made to meet each groups or groups needs, as a result of taking into account several factors, including gender, race, religion, age and geography.

* This article benefited from ICTJ publications

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