A/HRC/30/42
records that contain information about gross human rights violations and serious violations
of international humanitarian law. a
6.
As a general point, the Special Rapporteur would like to take the opportunity to
reiterate the call on States to provide full support to truth-seeking mechanisms throughout
their whole life-cycle, which includes access to records containing information on gross
human rights violations and serious violations of international humanitarian law, in order
for them to be able to effectively and independently implement their mandate.
I.
Recommendations for truth commissions
In the context of their operations, truth commissions are encouraged to:
7.
Build provisions for the eventual disposition of their records, guaranteeing both their
safety and accessibility. This needs to be done in the early stages of planning their
operations; a commission needs to decide who will be responsible for managing the
records, where they will be stored in the short and long term, and how access to them will
be controlled.
8.
Engage archival expertise in making and implementing those provisions during the
life of the truth commission, and in this context take advantage of national (National
Archives and Archival Associations) and international assistance and advice (e.g.
International Council on Archives, Archivists without Borders);
9.
Plan to deposit their archives in the country where the violations occurred and the
commission operates, preferably in existing national archives, duly taking into account
considerations of the security, integrity and accessibility of the archives. New and
specialized archives may need to be created until such time as the national archives are able
to adequately handle records of truth commissions. In the event of the possible loss,
mutilation, poor preservation or destruction of the records in the country of origin, truth
commissions should keep a complete, scanned and/or digitalized copy of the records in a
secure facility outside the country or consider temporary preservation in a secure repository
in a second jurisdiction or with an international institution;
10.
Consider criteria having to do with preservation, accessibility, and trustworthiness
of the host institution in deciding on the adequate repository. b
11.
Stipulate that the access policy of truth commission archives should maximize
public accessibility, while respecting applicable privacy concerns, including in particular
assurances of confidentiality provided to victims and other witnesses as a precondition of
their testimony. Access to truth commission archives may not be denied on grounds of
national security or other grounds unless the restriction is in full compliance with
international human rights law;
12.
Note that maximizing future accessibility has an impact on many operations of a
commission throughout its lifetime, including, for example, on the process of taking
statements and other contact with victims and witnesses who should be advised that their
a
b
28
Both sets of recommendations build on well-established definitions on the “right to know” and on
“archives” as stipulated in, among other places, the Updated Set of principles for the protection and
promotion of human rights through action to combat impunity; see report of the independent expert
Diane Orentlicher to update the Set of principles to combat impunity, E/CN.4/2005/102/Add.1,
8 February 2005.
For example, ISO 16363 defines a practice for assessing the trustworthiness of digital repositories.
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