(7) MEMORIALISATION

Question 1

memorialisation constitutes

Answer 1

range of deliberate processes and acts to facilitate public truth-telling and preserve the memory of past atrocities (form of symbolic reparations)

Question 2

Without memory of the past, there can be no right to

Answer 2

truth, justice, reparation or guarantees of non-repetition (hence its standing as the 5th pillar of TJ)

Question 3

Memorialisation as a pillar of TJ is critical for

Answer 3

implementaiton of the 4 other pillars and to emerge from cycle of hatred to culture of peace

Question 4

Is there a right to memory?

Answer 4

• No explicit right to memory in international law but implicit in teh right to truth and other rights
• has also been enshrined in some treaties and through soft law

Question 5

Ways to participate in memorialisation

Answer 5

1.  Freedom of expression, assembly and association
2.  Right to participate in and to enjoy culture
3.  Freedom of artistic expression

Question 6

State’s obligation wrt memorialisation - legal framework

Answer 6

• Prevent and prohibit mass atrocities, punish perpetrators (eg in GC)

Question 7

Memorialisation should be aimed at preserving

Answer 7

the collective memory from extinction and, in particular, at guarding against the development of revisionist and negationist arguments.

Question 8

Functions of memorialisaton

Answer 8

1. • Reconciliation
2. • Recognition of victims
3. • Promotion of national identity through the rewriting of an inclusive historical narrative
4. • Healing
5. • Truth-telling
6. • Civic engagement, critical thinking
7. • Prevention of future violence (“never again”)

Question 9

Symbolic reparations thru memorialisations like monuments adn museums must be linked with endeavours that

Answer 9

improve everyday lives of victims and their communities – need to involve victims in design and creation of monuments to create sense of local ownership so as to avoid risk of irrelevance

Question 10

Example of memorialisation - Sri Lanka

Answer 10

Herstories project - 285 stories from women from all sides

Question 11

What was a critique of the Herstories project - Sri Lanka

Answer 11

memorialization can also perpetuate divisions and perpetuate the power imbalances that were present during the conflict

Question 12

Risks with memorialisation

Answer 12

1) memories and history highly devisive
2) can re-traumatise victims
3) modalities affect perceptions (ie statute vs oral history - dif impacts)
4) memorials themselves don’t just promote reconciliation