A/HRC/17/21 to be included in the general archival policy of the State, under the same rules as the civilian archives. 48. In terms of what would be the components of a public policy that would guarantee control, access, oversight and preservation of archives, experts at the seminar said that that issue could not be in the hands of just one public entity because archival services could not secure enough government funds for a large central public archives. Instead a national system of archives should be established. The ICA draft statement of principles of access to archives was mentioned in that regard. The statement of principles covers access to government and NGO records and personal papers in archives. One principle in the draft states that there is a right of access to archives for human rights research even if the archives are closed for other research purposes. VII. Concluding observations 49. Archives contain essential evidence for criminal accountability and non-judicial truth-seeking processes. This evidence is found in the archives of both governmental and non-governmental institutions and in all physical formats, from paper to audiovisual and digital. The Updated Set of principles for the protection and promotion of human rights through action to combat impunity require States to take “effective action” to protect records that provide evidence of gross violations of human rights. This duty is not confined to the records of State bodies. States must have an archival policy that ensures that all archives pertaining to human rights held by all types of institutions are preserved and protected. A State must establish a national archival system, including both the archives of the State and the archives of private institutions and individuals that hold important parts of the national patrimony. The State must enact an archives law that declares that the nation’s documentary heritage is to be retained and preserved, establishes the framework for managing State records from their creation to destruction or preservation in an historical archive, provides the mandate of the archival authority and sets out the rules for its operations, and establishes clear criteria for access to archives. 50. In transitional periods, if the State archives is not trusted or does not yet have the necessary capacities to manage sensitive and complex records, it may be necessary to establish intermediate archives to manage the sensitive records of State bodies of the repressive regime. In these instances, the archival functions of the intermediate archives would be the same as those of the State historical archives. However, it would operate in a different context within a different organizational structure, albeit still under the supervision of the State. Ultimately, the records of the intermediate archives would be transferred to the national archival system. 51. Records of truth commissions and special courts and tribunals must be preserved. Records of truth commissions are often needed after the commission completes its mandate, whether for prosecution, reparations or other State action. In these cases, the need for access to the commission’s records does not diminish with the closing of the commission. 52. The archives held by human rights groups are crucial resources for truth commissions and judicial processes. The archival profession should help NGOs develop greater capacity to manage their records. The International Council on Archives has produced many standards and statements of best practice, including a guide for managing the records of NGOs. Human rights groups and victims may lack confidence in State entities, including State archives, and therefore may prefer to deposit their permanently valuable private records in non-State archives. The 11