A/HRC/30/42
contributions to the commissions may be accessible in the future under specified
conditions;
13.
Establish guidelines for access to truth commission records, which shall take into
account:
(a)
General access rules, such as what was previously public should remain
public; victims, families, investigative and prosecutorial authorities, as well as legal defense
teams, should have unhindered access to information on their specific case; there should be
a presumption of public access to all State information with only limited exceptions; a
procedure to make effective the right of access should be established; whatever access rules
are determined for various categories of potential users (for example, victims, legal
representatives, journalists, academics, and members of the general public) should apply to
all members of the given category without discrimination;
(b)
Categorization of records enabling familiar distinctions between types of
documents (e.g. reports of own investigations, records of own meetings, victims’
testimonies, documents obtained from other institutions, organizations, or private persons
etc.) that will allow for a differentiated approach in facilitating access, in accordance with
general access rules, to each type of document/collection;
(c)
The need for effective mechanisms of reference services, as well as new
technological advances in managing archives;
14.
Develop, with the support of national and international expertise and assistance,
provisions and measures to secure and preserve national archives, including by building
effective and sustainable record management and archival systems, which includes, i.a.,
secure and adequate premises and clear appraisal policies;
15.
Elaborate policies concerning relevant records and archives of non-State actors,
including private businesses, so as to maximize effective management and access of these
records by the truth commission.
II.
Possible recommendations by truth commissions
16.
Regarding their recommendations on archives and the establishment of national
archival policies that concern records containing information on gross human rights
violations and serious violations of international humanitarian law, truth commissions are
encouraged to:
17.
Address the issue of reform of national archival legislation and institutions to
encourage the establishment of modern, accessible, and reliable archives which are
essential for the long-term preservation and use of records containing information on gross
human rights violations and serious violations of international humanitarian law.
Recommendations should include that reform efforts ought to be conducted with the
participation of public institutions, civil society, and archival experts;
18.
Make recommendations to preserve and actively use national archives, including
archives of security services;
19.
Call for independent oversight over the archives, including of archives of formerly
repressive regimes;
20.
Recommend the creation of archival laws, freedom of information legislation, data
protection legislation and transparency requirements within other laws, which take into
account the right to information, the right to know the truth, and the specificity of the
records dealing with human rights violations and violations of international humanitarian
law;
29
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