A/HRC/17/21
memory, and how States get cooperation to preserve that memory, the example of the
Council of Europe’s important recommendations addressing education and guidelines to
prevent historical revisionism was highlighted.
36.
The importance for truth commissions to have access to archives in other countries
was also highlighted. A special problem with records in other countries is that the families
of missing persons and other individuals affected do not know where the archives are
located and thus from whom to request access. The same applies to Timor-Leste with the
records located in Indonesia, and the connected issues of cooperation between the truth
commission and the Indonesian military authorities. There have also been difficulties in
obtaining documents from elsewhere outside Timor-Leste.
37.
It was observed that media archives, especially those of State media, are important
to truth-seeking and judicial processes, but that it is important to be aware that for various
reasons, access to this material is difficult and using it requires specialized staff, which a
commission may lack.
38.
Turning to the question of the use of archives in reparations programmes, it was
noted that in Chile there was no separate procedure that used archives to prove that
reparations were justified. According to the law on reparations, if a person’s name was
included in the list of victims in the truth commission report, the person was eligible for
reparations. With regard to Spain, standards were established in 1979 for reparations and
there was extensive use of public archives. For example, reparation for a political prisoner
was based on the time spent in prison, so prison records were useful. Other sources were
also used, such as the records of the Court of Accounts, which documented the
expenditures on political prisoners in detention.
39.
In Guatemala’s reparations programme, the truth commission report is important to
validate a claim, as are city hall and municipal registers that provide birth and residence
information. Victims may now also get information from police or other archives to support
their reparations claim, and these archives are also accessible by families who need
information to prove that a disappeared person did exist. In Timor-Leste the truth
commission did not classify victims, so the proposed law on reparations provides for a
registration programme that, because of lack of records, will have to depend on statements
by local government officials and NGOs to verify a claim.
40.
Attention was called to the importance of archives to memorialization efforts.
Archives, especially legal documents and testimony and the reports of the truth
commissions, enable, for example, the identification of certain places of torture and their
cultural and historical importance. In Chile, for instance, there are approximately 200
memorials regarding such places, and the Museum of Memory and Human Rights has
compiled testimony and background documentation on them for the purpose of raising
awareness.
VI.
Placement of archives of repressive rule
41.
With regard to the requirements of an archival system, the experts argued that
whether permanent or temporary legislation is enacted, the archival system that is
established must be based on national legislation and international standards and must have
the necessary human and technical resources. The rule of law requires a good
administrative policy that will ensure appropriate management and proper protection of
both public and private documents, and access to those documents. A central archives
administration must manage government records from the moment they come into being
until they are either destroyed or preserved indefinitely. The central archives administration
may report to the Head of Government or to a ministry or another appropriate governmental
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