Students sometimes see the study of history an irrelevant exercise in memorizing a bunch of facts about dead people. But many current debates are directly related to historical memory – specific narratives created and upheld by groups of people about events in history – also called collective memory. For example, should we: Re-name buildings or remove statues honoring Confederate heroes or slave traders? Suspend high school students “sneaking” coded white nationalist images into yearbooks or taking to social media to share photos of their Hitler-style salutes? Exclude uncomfortable stories from state-approved social studies curricula?

This lesson provides students with an opportunity to explore the function of public remembering. Using clips from the film The Silence of Othersstudents will learn about Spain’s Amnesty Law, a law that gave amnesty to officials from the Franco dictatorship who committed atrocities and forbade investigating about their crimes, leading to a “Pact of Forgetting”. They’ll hear from victims about the impact of silence, and use what they learn to write about a current event related to historical memory.

OBJECTIVES

In this lesson, students will:

• Learn about “The Pact of Forgetting” as a response to the end of Franco’s fascist dictatorship in Spain, and about Spain’s transition from a dictatorship to a democracy.
• Explore the different functions of individual and collective memory
• Understand the impact of silence on victims of crimes committed by the state, including crimes against humanity.
• Write a blog post or letter to the editor indicating their position on a current event or policy involving historical memory

GRADE LEVELS:9-12

SUBJECT AREAS

• History (World War II; Civil War; Jim Crow)
• Civics / Government
• Current Events
• Research Skills
• Global Studies
• Language Arts
• Law & Justice
• Civil Rights Movement
• Political Science
• Philosophy
• Human Rights
• International Relations

MATERIALS

Film clips and a way to screen them in class; Internet access or hard copies for each student of the initial reading.

ESTIMATED TIME NEEDED:1 class period, plus homework

Step 1: Background Reading

In class, have students read the first section of Wikipedia’s entry on Gen. Francisco Franco. This will provide background on the Spanish Civil War, and Franco’s forty-year dictatorship.

Before moving on, briefly check for comprehension. Note that other supporters of fascism or Hitler were forced from power after Germany, Japan and Italy lost World War II. Franco, however, remained in power, bolstered by the U.S. because they approved of his rigid anti-communist stance. If time allows, you may want to use this as an opportunity to review with students how to assess credibility on Wikipedia by examining the “Talk” and editing history tabs. Or, for a more advanced reading level, you might substitute this summary from the Abraham Lincoln Brigade Archives.

Step 2: Introduce the Film

Tell students that they’re going to continue learning about Spain under Franco by viewing clips from the film, The Silence of Others. Filmed over six years, the documentary follows victims of Franco’s repression as they fight a state-imposed amnesia of crimes against humanity. While many argued that silence was meant to heal; instead it revealed a nation still divided.

Give students prompts for viewing. After the clips you will ask them:

• What was Spain’s “Pact of Forgetting?”
• What is “Universal Jurisdiction” and how is it used to try to achieve justice for crimes committed by a state?
• Why was it important to survivors that they tell their stories publicly? Why do they want people in their country to remember?
• What did the nation or culture gain or lose by enforcing silence?
• What’s the difference between individual memory and collective memory?
• How does the “Pact of Forgetting” and its impact relate to ___________ (fill in the blank with a connection to your curriculum (e.g., re-naming a school building that was named for a white supremacist).

You may want to post these or provide them on a handout that students can reference while viewing the film clips.

Step 3: Screen and Discuss

Show the clips, pausing between each to check for comprehension and to discuss issues raised. Focus on the prompts that link to your curriculum and match the level of your students.

Clip 1: “History and Context” (2:46 min.)

Discussion possibilities:

• Reaction to the historical (violent) footage of Franco’s troops and of Franco with Hitler?
• The “Amnesty Law” gave amnesty to political opponents jailed by Franco and also to those who committed atrocities on behalf of Franco - “An amnesty for all, by all. A forgetting for all, by all.” How might a government ensure that the forgetting is “widespread”?
• What do you think about the strategy to discourage schools from teaching about the full history of Franco’s regime? If the government encourages silence about certain topics, is that likely to result in forgetting?

Clip 2: “The Lawsuit” (3:35 min.)

Discussion Possibilities:

• Human rights attorney Carlos Slepoy suggests that everyone agrees that an individual murderer should be held accountable, but the response to widespread murder (crimes against humanity) is, “It’s better to forget. We must turn the page.” Is it better to forget?
• Slepoy defines Universal Jurisdiction: “Crimes against humanity can be prosecuted at any time, anywhere in the world.” Do you think it’s a good idea to allow prosecution of Spanish citizens in Argentina because Spain’s Amnesty Law won’t allow prosecution in Spain? How would you feel about US citizens being prosecuted in another country?
• What are the links between the prosecution of Chile’s Gen. Pinochet by Spain and the prosecution of Francoists by Argentina?
• What is your reaction to Judge Baltasar Garzón being put on trial for investigating atrocities during Franco’s regime while those he is investigating remain protected from prosecution?
• Judge María Servini explains that “crimes against humanity have no statute of limitations. No amnesty can cover them up or prevent their investigation.” Why would those who crafted international law declare that there should be no statute of limitations on crimes against humanity? Do you think that’s a good idea or would you recommend limits?

Clip 3: “Testifying” (5:10 min.)

• What was it like to hear from the people who felt silenced by Spain’s Amnesty Law?
• Why do you think the victims wanted to publicly share their stories?
• What did you learn about the possibility of forgetting trauma?

Clip 4: “Crime Against Humanity?” (2:20 min.)

• Chato chuckles at “Billy the Kid” being confronted on the street by a reporter. What do you think of the journalist’s approach? Do you think it was appropriate?
• Chato says he is looking for justice, not revenge. What’s the difference?
• Carlos Slepoy says, “Forgiveness is an individual matter. A state cannot forgive crimes.” What do you think he meant?
• Merçona Puig Antich, a plaintiff, says, “Forgetting does not lead to forgiveness… It generates more hatred.” What evidence have you seen to support or contradict her belief?
• Compare and contrast the positions of two victims. Ascensión, says, “You can forget, but you can’t forgive.” Horacio says, “Of course I forgive you. You, the physical person who did something horrible because you were serving a regime that tortured me. But I demand justice. Because I was condemned illegally and you went scot-free.”

Clip 5: “Renaming” (1:55 min.)

• Celia Mayer, Madrid’s Head of Cultural Affairs argues that, “The debate about war, or violence during a dictatorship, should never be confined to the private sphere.” Do you think she’s right?
• If you had been a representative in the chamber, how would you have voted on the resolution to change the names of selected locations and streets in Madrid?

End the viewing session by discussing any of the 6 prompts from Step 2 that haven’t already been covered.

Step 4: Link to Current Event(s) – Writing Assignment

Assign students to apply what they have learned by writing a blog post or letter to the editor weighing in on a current controversy related to historical memory. Their post or letter will have to include research-based background information on the issue, at least one thing they learned from the day’s discussion of the film, and their own opinion.

You can invite students to select a controversy that interests them, or assign them something that relates to your curriculum. For example:

• A government or civics class might focus on something happening locally.
• A U.S. History class might examine the renaming of a building on a college campus or removal of a statue of a former slave holder or confederate soldier, or current discussions of reparations.
• A Global Studies class or students studying World War II might look at Germany’s policies forbidding Holocaust denial or display of fascist/Nazi flags, insignia, uniforms, slogans, or greetings.

Be sure to let students know how their work will be evaluated (e.g., clarity of writing, quality of argument, understanding of the impact of historical memory).

Explore the legal concept of “Universal Jurisdiction.” How might it conflict with the concept of “national sovereignty?” Is there a way to respect national sovereignty and also protect groups of people who are targets of their own government?

Read Hemingway’s For Whom The Bell Tolls. Discuss in light of what you learned from the film about the long-term impact of Franco’s rule.

Compare/contrast the results of Spain’s choice to forget with results achieved by nations that have opted for public truth and reconciliation initiatives (e.g., South Africa or Rwanda).

Compare/contrast the experience and current status of nations where crimes against humanity have been prosecuted (e.g., Argentina) and nations where the ruling party of the perpetrators remained in power (e.g., Indonesia).

Study the Spanish Civil War and why many historians view it as a precursor to WWII. Why did some 35,000 volunteers from around the world join the war? Do you observe any parallels between Franco’s rise to power and the rise of conservative populist governments today?

POV: The Silence of Others

pbs.org/pov - The site includes a general discussion guide with additional activity ideas.

Spain’s “Pact of Forgetting”

Law and Courts Blog: The Pact of Forgetting: Spain’s Fundamental Mistake

The New York Times: “Forgetting, in Order to Move On”

The Nation: https://www.thenation.com/article/spaniards-confront-the-legacy-of-civil-war-and-dictatorship/

The Guardian: The Cult of Memory: When History Does More Harm Than Good

Universal Jurisdiction

International Justice Resource Center: Definition, scope, and descriptions of instances where universal jurisdiction has been invoked

Global Policy Forum: Pros and cons of universal jurisdiction presented through historical cases

Human Rights

University of Nebraska: Human Rights in the U.S. and the International Community: Collection of documents and lesson plans

Universal Declaration of Human Rights: Important primary source enumerating the fundamental rights guaranteed to every human simply because they are human

The Debate Over Confederate Monuments

NBC News: Is Removing Confederate Monuments Like Erasing History?: An overview of U.S. cities that have removed or debated removing confederate statues and/or renaming streets or buildings. Also see Vox’s overview of the issues and/or The Atlantic’s Where Will the Removal of Confederate Monuments Stop?.

POV: Media Literacy Questions for Analyzing POV Films

http://www.pbs.org/pov/educators/media-literacy.php

This list of questions provides a useful starting point for leading rich discussions that challenge students to think critically about documentaries.

STANDARDS

Common Core State Standards for English Language Arts & Literacy in History/Social Studies, Science, and Technical Subjects (http://www.corestandards.org/assets/CCSSI_ELA%20Standards.pdf)

SL.11-12.1 Initiate and participate effectively in a range of collaborative discussions (one-on-one, in groups and teacher-led) with diverse partners on grades 11–12 topics, texts and issues, building on others’ ideas and expressing their own clearly and persuasively.

SL.11-12.3 Evaluate a speaker’s point of view, reasoning, and use of evidence and rhetoric, assessing the stance, premises, links among ideas, word choice, points of emphasis, and tone used.

SL.11-12.4 Present information, findings, and supporting evidence, conveying a clear and distinct perspective, such that listeners can follow the line of reasoning, alternative or opposing perspectives are addressed, and the organization, development, substance, and style are appropriate to purpose, audience, and a range of formal and informal tasks.

W.9-10.1 & 11-12.1 Write arguments to support claims in an analysis of substantive topics or texts, using valid reasoning and relevant and sufficient evidence.

W.9-10.4, 11-12.4 Produce clear and coherent writing in which the development, organization and style are appropriate to task, purpose and audience.

Content Knowledge: (http://www.mcrel.org/standards-benchmarks/) a compilation of content standards and benchmarks for K-12 curriculum by McRel (Mid-continent Research for Education and Learning).

Language Arts, Standard 1: Uses the general skills and strategies of the writing process.

Language Arts, Standard 2: Uses the stylistic and rhetorical aspects of writing.

Language Arts, Standard 8: Uses listening and speaking strategies for different purposes.

Language Arts, Standard 9: Uses viewing skills and strategies to understand and interpret visual media.

This resource was created, in part, with the generous support of the Open Society Foundation and Latino Public Broadcasting.