A/HRC/17/21
Salvador, Guatemala and Peru and for prosecutions in Chile, Peru, and Spain. To enable the
use of these records, the archives must be protected in third countries, the existence of the
archives must be known, and inventories of the archives must exist. Institutions in
Argentina, Chile and Uruguay are developing inventories of documents important for
human rights. The increasing use of the Internet is also helping people to become aware of
archives and use them in an optimum way.
12.
The seminar participants, in that respect, discussed the issue of gaining access to
information. It was noted with regard, in particular, to military and police records, that the
existence of freedom of information laws does not guarantee access to such records. One
solution suggested was, for example, the use of a group of experts to create an inventory of
what records exist. It was also suggested that a court could appoint a “special master” to
examine records to determine what exists and to create basic finding aids.
13.
The fragility of the processes of preservation and access to archives in post-conflict
States was also mentioned. In some Latin American countries a change of Government has
resulted in problems with access to archives. In Guatemala, civil society needs to support
an institutional process for access to police and military records that will persist even if the
Government changes. There are also challenges in that country associated with the process
of declassifying military records, which is being undertaken by a committee of Peace
Archives staff members, civilians and armed forces personnel. The military selected only
11,000 documents for review by the committee.
14.
Concerning the appropriate time period after which Government records should be
declassified and available, it was noted, as an example, that the European Commission
recommends a 30-year period as the maximum for keeping records classified. While there
should be a clear date for declassification, one standard cannot be applied to all countries.
For example, in transitional situations, it is important to access records of the past regime
very rapidly, particularly if they document any type of human rights violation.
15.
With regard to non-governmental records that must be preserved, those of NGOs,
political parties directly linked to repressive regimes, and persons and groups who were in
exile were emphasized. The records of regional and international intergovernmental
organizations which have become particularly important in the post-World War II period
deserve the same attention and were identified as records that must also be preserved.
16.
One suggestion was made regarding the establishment of an international database
of documents important for human rights prosecutions which could be created and made
available to prosecutors, with a clear recognition of the complexity of inter-State use of
documents due to the use of different rules of evidence in different States.
17.
With regard to the issue of the protection of archives through transfer to third
countries, it was suggested that there is a possibility of placing records in an institution that
is not affiliated with the State or with an international institution if there is a lack of public
confidence in State archives. One example is that of Chile, where private archives are
centralized in the documentation centre. Other examples are the records of the Guatemala
and El Salvador truth commissions housed in the United Nations archives in New York
pursuant to agreements with the Governments. Internationally, there is a continuing need to
find a space to safeguard archives in two situations: first, when a conflict is taking place or
appears imminent, and records may be destroyed; second, where records will likely be
destroyed by environmental problems, such as mould, vermin or natural disasters.
18.
In relation to the question about the reliability of the information in archives,
particularly those of the police, and the due process guarantees for the persons named in
them, such as during lustration processes, a distinction between the authenticity of a
document and the veracity of a document has to be made, given that State security services
documents are filled with information that could be false, but they are authentic documents.
5
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