International Day for the Right to Truth: a commitment to Memory and Justice
Since 2011, as a result of Resolution 65/196, the “International Day for the Right to the Truth concerning Gross Violations of Human Rights and Victims’ Dignity” has been commemorated every 24 March.
The day was chosen to honour and pay tribute to the Salvadoran Archbishop Óscar Arnulfo Romero, who was assassinated on 24 March 1980 in circumstances that have not yet been clarified. Romero stood out enormously for his tireless defence of human rights during the 1970s, in the context of harsh repression and violence in El Salvador, mainly against organised peasants. His figure is representative of the values and dedication in defence of human rights, solidarity with the families of the victims of repression and the denunciation of the authorities responsible for the crimes. His commitment to the Salvadoran people was quickly recognised internationally: he was awarded honorary doctorates by Georgetown University (USA) and by the University of Louvain (Belgium) and he was even nominated for the Nobel Peace Prize in 1979.
According to the Report of the Office of the United Nations High Commissioner for Human Rights, the right to the truth is:
“An autonomous and inalienable right, linked to the obligation and duty of the state to protect and guarantee human rights, to conduct effective investigations and to ensure effective remedies and reparation (…) it is to be considered as a non-derogable right and should not be subject to restrictions”
This right is rooted in international humanitarian law, in article 32 of the 1949 “Protocol Additional to the Geneva Convention”. It is linked to the right of victims and relatives of summary executions, enforced disappearances, abductions, torture or other human rights violations to have full and complete knowledge of the events that took place, the persons who perpetrated them, as well as the circumstances and motivations for their occurrence.
The fundamental objective of this day is to reflect on its importance and its relationship to justice, memory, and especially to pay tribute to those who have given their lives for it. Likewise, this commemoration serves as a day of sensitisation and awareness-raising to emphasise the need for a strong commitment to the search for truth and reparation for victims and their families. The internationalisation of the Right to Truth, recognised by the United Nations, establishes a global commitment to member states that transcends national borders, promoting justice and accountability to citizens.
The Right to the Truth is indispensable in contemporary democracies, especially in those that have faced serious human rights violations. This right is intimately linked to the memory of the victims and is crucial in the fight against impunity. The protection of and respect for fundamental rights is essential in any political community, and it is the collective duty of all to protect them and to demand that the state provide the truth about the crimes that affect society. Therefore, the right to the truth is central and intertwined with other individual and collective rights.
An example of the obstruction of the Right to Truth is the situation experienced by the victims and survivors of the Civil War and Francoism. Since the Transition and the passing of the 1977 Amnesty Law, together with the absence of a Truth Commission, this has prevented a comprehensive understanding of the past. This lack has frustrated the identification of victims and has generated an institutional vacuum in the investigation of the crimes committed and the prosecution of those responsible, hindering the effective fulfilment of the Right to the Truth
However, since the 2000s, and driven by the activism of memorialist associations, Spain has gradually progressed in the implementation of this right. This process has crystallised in significant milestones, such as the 2007 Law of Historical Memory and the new Law of Democratic Memory of 2022. However, despite these normative advances, the laws have not been able to fully satisfy the demands of the victims of Francoism and their descendants regarding their right to know the truth about the events of the past.
The state, as the main guarantor, must protect, safeguard and promote the human rights of its citizens, especially ensuring this right to the victims. Knowing the truth about the past will undoubtedly make it possible to build present democracies that are more committed to human rights.
