Le devoir de mémoire et les politiques du pardon

Duty of memory and need for accountability

DUTY OF MEMORY AND NEED FOR ACCOUNTABILITY Ted Moses Here we begin to respectfully examine a most painful and sensitive subject relating to the politics and policies of forgiveness. We are recalling, reflecting upon, and considering how we might better address the massive human suffering and resulting trauma that have been inflicted on individuals and groups. As a result of grave, repeated or systematic violations of human rights, both Indigenous and non-Indigenous peoples have been severely impacted throughout the world. In this context, the atrocities and crimes that have been committed include: slavery, the slave trade, apartheid, colonialism, enforced disappearance of persons, genocide, and torture. In many instances, these prohibited and condemned forms of conduct continue to occur today. Clearly, we must find more effective means to eliminate them and prevent them from recurring . Within safe and secure environments, individuals and communities could then truly advance the process of healing. For example, slavery or slavery-like practices (such as “debt bondage” or “serfdom”) continue to afflict Indigenous peoples in such areas as Amazonia , Brazil; Chiapas, Mexico; Amazonian Peru; Bolivia; the Central African Republic; Botswana; Indonesia; India; and Nepal. These dehumanizing practices result in or perpetuate a vicious cycle of debilitating impoverishment , denial of human rights and racial discrimination. Even where such behaviour has not recurred, the consequences of these horrific actions profoundly affect both present and future generations. For example, in North America, the abusive experiences of Indigenous youth and children in residential schools have left deep intergenerational scars that have not healed. The legacy of physical and sexual abuse and cultural genocide continues to adversely impact our communities and nations. Also, in Australia, thousands of Aboriginal and Torres Strait Islander people are still profoundly affected by the forcible removal of their children for roughly 100 years. Those “stolen generations” of children must not be forgotten or simply ignored. 40 Le devoir de mémoire et les politiques du pardon When grave human rights violations take place, it is essential to highlight that often women or girls are severely affected in disproportionate and different ways. To some extent, this is recognized in the Rome Statute of the International Criminal Court, which includes gender-related crimes and crimes of sexual violence. The Rome Statute affirms that rape, sexual slavery , enforced prostitution, forced pregnancy, enforced sterilization, and other forms of sexual violence constitute, in defined circumstances, a crime against humanity and/or a war crime. Also, acts of sexual violence in situations of armed conflict can constitute grave breaches of international humanitarian law. Similarly, through prosecution, efforts to eliminate impunity for violence against women and girls are included in the International Criminal Tribunal for the Former Yugoslavia, the International Tribunal for Rwanda, and the Special Court for Sierra Leone. DUTY OF MEMORY AND NEED FOR ACCOUNTABILITY I have initiated my presentation with a bleak description of the wide range of victims of unimaginable atrocities that deeply shock the conscience of humanity. In reality, my brief depiction of global suffering merely scratches the surface. The urgent and diverse international challenges that need to be confronted are extensive and far-reaching. At the same time, it is imperative that we pay tribute to all those survivors who continue to seek justice with determination and honour. Their tenacity and perseverance under extremely difficult conditions are an inspiration to us all. In fairness to those persons who have greatly suffered, their unresolved situations must be fully acknowledged and satisfactorily addressed. This is what the “duty of memory” is all about. In the English version of the title of this Conference, only the term “memory” is used. I much prefer the French version of the title, where the “duty of memory,” “le devoir de mémoire,” is highlighted. It is more appropriate . It captures a critical element that is too often omitted, if not evaded or denied. It should be a natural starting point in considering past atrocities. The duty of memory reminds us of our collective and individual responsibility. We have a duty to speak out for voices that have been forever silenced or are otherwise unheard. It is our obligation to establish the truth and embrace it. Truth is our common reference point and it must be sought out. Duty of memory and need for accountability 41 Memory and truth are key...