Memory Denied: A Commentary on the Reports of the UN Special Rapporteur in the Field of Cultural Rights on Historical and Memorial Narratives in Divided Societies

This article critically examines the current efforts of the UN Human Rights Council to articulate normative standards on two delicate issues: history and memory. From the addressing right to historical education, to a communities right to know the truth of serious human rights violations, this article critically appraises the significance of the above efforts in post-conflict and divided societies as well as their wider implications to human rights education and conflict prevention. Throughout the paragraphs, this article addresses fundamental questions about the current undertakings: is it desirable and practicable to articulate normative principles on history and memory? Can the law protect something as contested as history or as vague as collective memories? In conclusion, it argues for the articulation of concrete duties and obligations pertaining to the right of a community to remember its past and adds a new dimension to the on-going discussion on what is commonly referred to as “the right to memory.”