A/HRC/45/45
lack of cooperation by the authorities who hold them. 39 This contrasts with the exemplary
attitude of the German authorities, who have opened the archives of the Stasi (the Ministry
of State Security of the former German Democratic Republic). 40
72.
The development of new technologies has created additional difficulties. The
mechanism for the Syrian Arab Republic alone has collected over 2 million documents,
including videos and testimonies related to violations of the laws of war, representing 41
terabytes of information. Managing this volume of information requires an adequate budget
and specific expertise. Procedural standards for processing such voluminous archives
should be developed within the United Nations.
E.
Role of the United Nations
73.
The United Nations can play a very important role in memory work. Since its
establishment, its agencies and organs have built up extensive and valuable archives in the
countries where they have operated. These documents can provide a unique insight into
violations of human rights and international humanitarian law and contribute to the
historiography of different countries.
74.
Within the institution itself, other actors, including the special procedure mandate
holders of the Human Rights Council, do not always have access to these archives. In
theory, all documents, except those considered to be highly confidential, are made
accessible to the public after 20 years. In practice, however, this does not always occur for
technical and budgetary reasons and because the resources required to process and digitize
them are lacking.41 The rules should be revised: in some cases, the importance of shedding
light on past events may take precedence over the time limit, provided that the
circumstances so permit and that mechanisms can be established to protect the identities of
vulnerable persons mentioned in the documents concerned.
75.
The report of the United Nations and the Economic Community of West African
States on the deaths of 50 Ghanaian citizens and migrants in the Gambia under the
dictatorship of Yahya Jammeh has never been published, even though five United Nations
special procedure mandate holders have requested it and its release is hugely important for
the societies of two countries.42
76.
Given the importance of issues related to memory for societies seeking to recover
from serious conflicts or periods of repression in which human rights and/or international
humanitarian law were violated, the United Nations must uphold these societies’ right to
the truth by establishing a useful methodology for granting access to its archives. The
Organization cannot neglect a principle and an obligation that it has itself identified and
with which it calls on States to comply.
VII. Weaponization of memory through social networks
A.
Balance between the right to information and the prohibition of
incitement to hatred
77.
Historically, information and memory have been critical political issues. The media
play a vital role in documenting crucial events and reporting on them in real time: the
39
40
41
42
GE.20-09155
https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=24557&LangID=E.
See Federal Commissioner for the Archives of the Ministry of State Security of the German
Democratic Republic, www.bstu.de/en/.
By way of example, it is difficult in practice to obtain access to the archives of the El Salvador Truth
Commission, which are held by the United Nations.
See
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24138
and
https://spcommreports.ohchr.org/TMResultsBase/DownLoadPublicCommunicationFile?gId=24141.
13
Select target paragraph3
Connect to a paragraph
Connect to an entity
Disable highlights
Add to table of contents