Never again: Right to memory and memorialisation

The outcry of Aynaghar survivors—hundreds of relatives of the disappeared are living, moving testament to the otherness of the past made present and future. Photo: TBS

Milan Kundera wrote in his 'The Book of Laughter and Forgetting', "The struggle of man against power is the struggle of memory against forgetting." Memory does not explicitly feature among the international fora of justice or transitional processes. Hence the precise role memory plays within a transitional justice process in a post-conflict zone is often left to those negotiating the contours of the process, often national actors. Memory and memorialisation are crucial ingredients in ascertaining the truth, securing evidence to ensure justice for victims and survivors, and above all for paying due respect with reparation and a guarantee of non-recurrence.

During the fifteen-and-a-half years since Sheikh Hasina's government came to power in 2009, enforced disappearances have been used as an instrument of state oppression to quash political dissidents and protests and to forcefully consolidate power, creating a hostile and terrifying environment in the country. The country broke free from Hasina's ironfisted rule on 5 August during the mass uprisings that began with the student-led quota movement, which ultimately made her flee to India. In her efforts to suppress the student movement, Sheikh Hasina committed various human rights violations, including mass murder. That is why, while Bangladesh is transitioning from an authoritarian regime to a just one, it is utterly important to acknowledge and ensure the right to memory and memorialisation. 

After the fall of fascism and authoritarianism, Bangladesh under its interim government is undergoing major political and institutional policy reforms. Last year, a five-member inquiry commission to investigate extrajudicial killings and enforced disappearances was formed, and the commission recently stated that at least 330 people who were reportedly picked up by authorities and vanished without a trace are believed to be dead. 

The commission initially estimated that the number of enforced disappearances during Hasina's rule would be over 3500, and the figure now is standing at 1752. In a (so-called) democratic nation, numbers like these are hard to fathom. People do not simply "disappear"; the crime of enforced disappearance, as José Pablo Baraybar said, "is a well-planned practice designed to provoke anguish in the population and relatives of the missing person, as well as a sense of a relentless and unstoppable process." Each disappearance leaves a wife, husband, parent, or child to navigate the present without knowing if their loved ones are dead or alive. 

The outcry of Aynaghar survivors—hundreds of relatives of the disappeared are living, moving testament to the otherness of the past made present and future.  Every marred scar etched on skin tells a story, and when they give up, memory takes its place that silently stores the dark truth. 

The claim to a right to memory often relies on its connection to other more established rights, such as the freedom of expression. The International Covenant on Civil and Political Rights (ICCPR) stipulates that the freedom of expression includes the 'freedom to seek, receive, and impart information and ideas of all kinds, regardless of frontiers, either orally, in writing, or in print, in the form of art, or through any other media of choice. The inclusion of such a broad range of media—including art—as forms of expression is certainly consistent with the notion that the expression of memory and remembrance is protected under the ICCPR.

The fulfilment of justice and success of truth-seeking exercises are often dependent on the preservation of a witness's memory. Thus, the individual memory of victims and survivors—and perhaps perpetrators—is vital to establishing credible truth-seeking mechanisms. This is precisely why numerous oral history projects have often preceded truth-seeking and prosecutorial mechanisms as a means of retaining the memory of victims and survivors until a formal mechanism is established. Memory, and specifically memorialisation, plays an important role in reparation policy. 

Notably, in Bangladesh, the visits to the notorious Aynaghar, documented in images by various national and international media, and the graffiti of the mass uprising spread across the country provide the space for victims, families, and others to grieve and remember. To ensure it never occurs again (this spirit enshrined as Nunca Mass first in Argentina and then other regions in cases of transitional process and justice), to preserve knowledge of the past while ensuring protection from non-recurrence, 'memory' plays a vital role. 

Memory is also like an obstinate animal, refusing to succumb to amnesia, refusing to die. In her groundbreaking book, 'When the Soldiers Came', Miriam Gebhardt demonstrated this remarkable side to memory. She claimed that American soldiers raped thousands of German women during the Allied occupation of Germany following the Second World War. Her claim was based on certain records meticulously kept by Bavarian priests. 

Gebhardt's book was published in 2015—seven decades after these atrocities allegedly took place. Thus, the extraordinary and unrelenting stamina of memory can be understood through such work. A state in the aftermath of conflict must eventually grow to recognise and fear the stamina of memory.

The interim government's decision to turn Gono Bhaban into a mass revolution memorial museum (to preserve the memories of the July mass uprising), to build a replica of Aynaghar in the proposed museum (to remind visitors of the tortures suffered by the secret prisoners), Dr Muhammad Yunus's handing over "The Art of Triumph", an art book on the wall paintings of the Bangladeshi students painted during the student-people revolution, to Canadian Prime Minister Justin Trudeau, etc—such holistic approaches to remembrance and reparation engrave a sense of satisfaction, which indicates that as a country we are on the right track of transition. 

Of course, one needs to be cautiously optimistic. Many activists opined that DGFI destroyed evidence related to the enforced disappearances soon after Hasina's downfall, which is crucial for prosecution. In the latest report, the commission also said it has reason to believe that many victims are incarcerated in India and this news was shattering for many. Families of the victims of enforced disappearances have said the authorities should keep searching for the missing people. We hope that the years-long horrors and the daunting memories will not go in vain and all the affected will get answers and justice soon. 

Sketch: TBS

S Arzooman Chowdhury is an Alumnus of the University of Cambridge. She is a Human Rights and Research Specialist.

Disclaimer: The views and opinions expressed in this article are those of the author and do not necessarily reflect the opinions and views of The Business Standard.