9
State of Article 22 of the American Convention (on freedom of movement and residence) in
combination with the general duty of Article 1(1) of the Convention (pars. 107-121).
IV.
The Projection of Human Suffering in Time.
24.
The circumstances of the present case of the Moiwana Community versus Suriname
invite one to a brief reflection, going beyond its confines. Well before, as well as after, the
attainment of statehood by Suriname, the existence of the Maroon peoples (like the
Saramakas in the Aloeboetoe case and the N'djukas in the present Moiwana Community case,
before this Court) has been marked by suffering, in their constant struggle against distinct
forms of domination. This is not the first time that I address the issue which I see it fit to call
the projection of human suffering in time; I have already done so in my Separate Opinion
(pars. 10-14) in the Bámaca Velásquez versus Guatemala case (Reparations, Judgment of
22.02.2002), and I now retake the point at issue for further considerations on the matter, in
the present Moiwana Community case.
25.
The projection of human suffering in time (its temporal dimension) is properly
acknowledged, e.g., in the final document of the U.N. World Conference against Racism, Racial
Discrimination, Xenophobia and Related Intolerance (Dunbar, 2001), its adopted Declaration
and Programme of Action. In this respect, it began by stating that
"We are conscious of the fact that the history of humanity is replete with
major atrocities as a result of gross violations of human rights and believe that
lessons can be learned through remembering history to avert future tragedies"
(par. 57).
26.
It then stressed the "importance and necessity of teaching about the facts and truth of
the history of humankind", with a view to "achieving a comprehensive and objective
cognizance of the tragedies of the past" (par. 98). In this line of thinking, the Durban final
document acknowledged and profounding regretted the "massive human suffering" and the
"tragic plight" of millions of human beings caused by the atrocities of the past; it then called
upon States concerned "to honour the memory of the victims of past tragedies", and affirmed
that, wherever and whenever these occurred, "they must be condemned and their recurrence
prevented" (par. 99).
27.
The Durban Conference final document attributed particular
remembering the crimes and abuses of the past, in emphatic terms:
importance
to
"We emphasize that remembering the crimes or wrongs of the past,
wherever and whenever they occurred, unequivocally condemning its racist
tragedies and telling the truth about history, are essential elements for
international reconciliation and the creation of societies based on justice,
equality and solidarity" (par. 106).
It at last recognized that "historical injustices" had undeniably contributed to the poverty,
marginalization and social exclusion, instability and insecurity affecting so many people in
distinct parts of the world (par. 158).
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