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Archives and Human Rights

Why and how can records serve as evidence of human rights violations, in particular crimes against humanity, and help the fight against impunity?

Archives and Human Rights shows the close relationship between archives and human rights and discusses the emergence, at the international level, of the principles of the right to truth, justice and reparation.

Through a historical overview and topical case studies from different regions of the world, the book discusses how records can concretely support these principles. The current examples also demonstrate how the perception of the role of the archivist has undergone a metamorphosis in recent decades, towards the idea that archivists can and must play an active role in defending basic human rights, first and foremost by enabling access to documentation on human rights violations.

Confronting painful memories of the past is a way to make the ghosts disappear and begin building a brighter, more serene future. The establishment of international justice mechanisms and the creation of truth commissions are important elements of this process. The healing begins with the acknowledgement that painful chapters are essential parts of history; archives then play a crucial role by providing evidence. This book is both a tool and an inspiration to use archives in defence of human rights.

Jens Boel is a Danish archivist and historian. He was the Chief Archivist of UNESCO from 1995 to 2017 and Chair of the International Council on Archives’ Section of International Organizations 2000–2004 and 2008–2012.

He launched the UNESCO History Project in 2004 and is co-editor of Recordkeeping in International Organizations, Routledge, 2020.

Perrine Canavaggio, a French archivist, was Head of the Archives of the Presidency of the Republic (1974–1994). Secretary of the International Conference of the Round Table on Archives (2001–2009), she is a member of the Executive Committee of the ICA Section on Archives and Human Rights.

Antonio González Quintana is a Spanish archivist. He is Chair of the ICA Section on Archives and Human Rights and has been Deputy General Director of Archives in the Community of Madrid (2010–2018). He is the author of Archival Policies in the Protection of Human Rights (2009).

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Routledge Approaches to History

38 Africa, Empire and World Disorder Selected Essays

A.G. Hopkins

39 History in a Post-Truth World Theory and Praxis

Edited by Marius Gudonis and Benjamin T. Jones 40 The Primacy of Method in Historical Research

Philosophy of History and the Perspective of Meaning Jonas Ahlskog

41 Archives and Human Rights

Edited by Jens Boel, Perrine Canavaggio and Antonio González Quintana

42 Historical Experience

Essays on the Phenomenology of History David Carr

43 Humanism: Foundations, Diversities, Developments Jörn Rüsen

44 National History and New Nationalism in the Twenty-First Century A Global Comparison

Edited by Niels F. May and Thomas Maissen

45 Family History and Historians in Australia and New Zealand Related Histories

Edited by Malcolm Allbrook and Sophie Scott-Brown

For a full list of available titles please visit: https://www.routledge.com/

Routledge-Approaches-to-History/book-series/RSHISTHRY

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Archives and Human Rights

Edited by Jens Boel, Perrine Canavaggio

and Antonio González Quintana

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by Routledge

2 Park Square, Milton Park, Abingdon, Oxon OX14 4RN and by Routledge

52 Vanderbilt Avenue, New York, NY 10017

Routledge is an imprint of the Taylor & Francis Group, an informa business

© 2021 selection and editorial matter, Jens Boel, Perrine Canavaggio and Antonio González Quintana; individual chapters, the

contributors

The right of Jens Boel, Perrine Canavaggio and Antonio González Quintana to be identified as the authors of the editorial material, and of the authors for their individual chapters, has been asserted in accordance with sections 77 and 78 of the Copyright, Designs and Patents Act 1988.

All rights reserved. No part of this book may be reprinted or reproduced or utilised in any form or by any electronic, mechanical, or other means, now known or hereafter invented, including photocopying and recording, or in any information storage or retrieval system, without permission in writing from the publishers.

Trademark notice: Product or corporate names may be trademarks or registered trademarks, and are used only for identification and explanation without intent to infringe.

British Library Cataloguing-in-Publication Data

A catalogue record for this book is available from the British Library Library of Congress Cataloging-in-Publication Data

A catalog record for this book has been requested ISBN: 978-0-367-15034-1 (hbk)

ISBN: 978-0-367-72460-3 (pbk) ISBN: 978-0-429-05462-4 (ebk) Typeset in Sabon

by Apex CoVantage, LLC

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To the memory of Louis Joinet

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Contents

Acknowledgements x List of authors xi Foreword xviii

MICHELLE BACHELET

Message from the President of the International

Council on Archives xx

DAVID FRICKER

Introduction 1

JENS BOEL, PERRINE CANAVAGGIO AND ANTONIO GONZÁLEZ QUINTANA

PART 1

Archives and human rights: a close relationship 9

JENS BOEL, PERRINE CANAVAGGIO AND ANTONIO GONZÁLEZ QUINTANA

1 Archives and citizens’ rights 11

2 Records and archives documenting gross human

rights violations 21

3 Archives and transitional justice 41

4 Archives and the duty to remember 54

5 Archivists for human rights 57

6 Archives and human rights beyond political transitions 63

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PART 2

Case studies 81

1 Proof 83

TRUDY HUSKAMP PETERSON

Africa 113 2 A long walk to justice: archives and the truth and

reconciliation process in South Africa 115

GRAHAM DOMINY

3 Tunisia’s Truth and Dignity Commission: archives in the

pursuit of truth 126

ADEL MAÏZI

4 The exploitation of the archives of Hissène Habré’s

political police by the Extraordinary African Chambers 138

HENRI THULLIEZ

5 The Gacaca archive: preserving the memory of

post-genocide justice and reconciliation in Rwanda 152

PETER HORSMAN

Asia 165 6 Memory politics and archives in Sino-Japanese relations 167

KARL GUSTAFSSON

7 The use of the archives of the Tuol Sleng Genocide Museum and the Documentation Centre of Cambodia by

the Extraordinary Chambers in the Courts of Cambodia 178

VINCENT DE WILDE D’ESTMAEL

Europe 189 8 Spanish military documentation on the Civil War and the

dictatorship as an instrument of legal reparations for the

victims of the Franco regime 191

HENAR ALONSO RODRÍGUEZ

9 The “Centres of Remembrance” in post-communist Europe 204

JOSÉ M. FARALDO

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10 A legacy of the DDR: the Stasi Records Archive 218

DAGMAR HOVESTÄDT

11 France and the archives of the Algerian War 230

GILLES MANCERON AND GILLES MORIN

12 Truth, memory, and reconciliation in post-communist societies: the Romanian experience and

the Securitate archives 247

MARIUS STAN AND VLADIMIR TISMANEANU

Latin America 261 13 Archives for memory and justice in Colombia after the

Peace Agreements 263

RAMON ALBERCH I FUGUERAS

14 Utilisation of the archives of the Peruvian Commission for

Truth and Reconciliation (CVR) 277

RUTH ELENA BORJA SANTA CRUZ

15 Archives, truth and the democratic transition

process in Brazil 288

ALUF ALBA VILAR ELIAS

16 Archives for truth and justice in Argentina:

the search for the missing persons 296

MARIANA NAZAR

17 Chronicle of a backlash foretold: Guatemala’s

National Police archives, lost and found and lost – and

found? – again 309

KIRSTEN WELD

Concluding remarks 320

JENS BOEL, PERRINE CANAVAGGIO AND ANTONIO GONZÁLEZ QUINTANA

Index 323

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The editors thank all colleagues who have contributed to this book with inspiration and work. In particular, we wish to thank David Sutton for his tireless and precious linguistic support. Those parts of the book which we have submitted for his critical review of language and style, have greatly benefited from his insightful suggestions. We also wish to thank Jean Canav- aggio for his generous and invaluable help in translating some of the key texts of the book. Margaret Procter kindly volunteered to translate one of the case studies. Christine Cross, Lauren Elston and Fiona Westbury have translated most of the texts originally written in French, Portuguese and Spanish; we appreciate their professionalism and competent work. Finally, we want to thank our families for their patience and support during the whole editorial process.

Acknowledgements

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List of authors

Ramon Alberch i Fugueras has a PhD in history. He is President of Archivist without Borders International since 2012. He is also member of the Inter- national Advisory Council of the National Center of Historical Memory of Colombia (2015–2018) and has served as an international consultant for the Special Jurisdiction for Peace (2019). In the 2006–2014 period, he directed the project of recovery and access to documents and archives of repressive regimes in Latin America. He has been Coordinator of the diploma “Archives and human rights. International learning in contexts of (post) conflict” (2015–2016). He is the author of 30 essays and manu- als of archives and history, and has been a speaker at numerous interna- tional conferences on the subject of archives and human rights.

Henar Alonso Rodríguez is a member of Spain’s Corps of Archivists and is a senior expert on Archives, working as Head of the Description Area of the General Military Archive of Avila, one of the Spanish Army’s four History Archives, within the Ministry of Defence’s Archive Sys- tem. A graduate in law and postgraduate in European Public Law, she is a member of the Spanish Civil Service Archivists’ Association, (AEFP:

Archiveros Españoles en la Función Pública) and the Castile and Leon Archivists’ Association (ACAL: Asociación de Archiveros de Castilla y León), with which she regularly collaborates over training in the fields of Document Management, Archival Science and Transparency, as well as technical and general interest publications and publicity campaigns on social networks.

Jens Boel is a Danish archivist and historian. He was the Chief Archivist of UNESCO from 1995 to 2017 and Coordinator of the UNESCO History Project from 2004 to 2011. He was Chair of the International Council on Archives (ICA) Section of International Organizations (SIO) 2000–

2004 and 2008–2012 and ICA Vice-President for Sections from 2010 to 2012. He was Director of the Transnational Team of the InterPARES Trust (ITrust) Project from 2013 to 2019. He was co-founder (2003) of the ICA Human Rights and Archives Working Group and currently a

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member of the Executive Committee of the ICA Section on Archives and Human Rights.

Ruth Elena Borja Santa Cruz is a Peruvian historian who graduated from the Universidad Nacional Mayor de San Marcos (UNMSM), where she is now Professor in the History Department of the Social Science Fac- ulty. From 1998 to 2002, she worked at the National Archives (Archivo General de la Nación). She was a member of Peru’s Truth and Reconcili- ation Commission from 2002 to 2003 and worked in the Public Defend- er’s Office (Defensoría del Pueblo) from 2004 to 2012. She has acted as a consultant for the Place of Memory, Tolerance and Social Inclu- sion (LUM), attended meetings, workshops and colloquia in a number of countries in Europe and the Americas and taken part in various collabo- rative exchanges on archiving and memory preservation.

Perrine Canavaggio is a French archivist with a diploma from l’Ecole nation- ale des chartes. She also has a diploma in political science from l’Institut d’études politiques de Paris. She was Chief Curator of the Archives of the Presidency of the French Republic from 1974 to 1994 and Deputy Direc- tor of Archives de France in 1995 and 1996. She was Deputy Secretary General of the International Council on Archives (ICA) from 2000 to 2009, Secretary of the International Conference of the Round Table on Archives (CITRA) from 2000 to 2008, co-founder (2003), chair (2003–

2008) and member of the ICA Archives and Human Rights Working Group until 2019 and member of the Executive Committee of the ICA Section on Archives and Human Rights from 2019.

Graham Dominy is Research Fellow of UNISA, the University of South Africa, and of the Helen Suzman Foundation. He is both archivist and historian and was National Archivist of South Africa from 2001 until his retirement in 2014. In his career, he has also worked in museums, libraries, Arts &

Culture and, most recently, as Knowledge & Collections Specialist in Mus- cat, Oman. He is the author of two books, Last Outpost on the Zulu Fron- tiers: Fort Napier and the British Imperial Garrison and The Man Behind the Beard. He has published over 60 academic and professional articles.

Aluf Alba Vilar Elias is an archivist and has a PhD in Information Science from the University of Brasília (UnB). Her research is focused on archi- val epistemology, discourse analysis and archives of political repression.

She works with management and curation of archives and  collections and is the head of processing and collection preservation at the National Archives of Brazil.

José M. Faraldo is an associate professor, tenured, at the Universidad Com- plutense de Madrid (UCM); he has been Ramón-y-Cajal researcher at the UCM (2009–2015). He has a PhD in history from the same univer- sity for his work on Russian nationalism. After further studies in history

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and cultural studies in Moscow, Frankfurt/Oder and Poznań he worked, from 1997 to 2002, at the European University Viadrina, in Frankfurt/

Oder (Germany). From 2004 to 2008, he was research fellow and project coordinator at the Center of Research on Contemporary History (Zen- trum für Zeithistorische Forschung, ZZF), in Potsdam (Germany). He has published extensively about nationalism in communism, resistance against fascism and communism, exiles from dictatorships and about archives and the legacy of communist secret police, including a first comparison of Soviet, East German, Polish and Romanian communist police agencies (Las redes del terror. Las policías secretas comunistas y su legado, Barcelona, Galaxia Gutenberg 2018).

Antonio González Quintana is a graduate in history (1979), postgraduate in Archival Science (1983) and a member of the Spanish Corps of Archivists (1985). He was Deputy Director General of Archives in the Community of Madrid between 2010 and 2018. Antonio has also served as Direc- tor of the Documentary Information Center on Archives of the Minis- try of Culture (2006–2008), Head of the Coordination Unit of Military Archives of the Ministry of Defense (1994–2003) and Director of the Civil War Archive (National Archives), in Salamanca (1986–1994). He was Professor of Archival Science at the University of Salamanca between 1989 and 1992. He retired in January  2018. In recent years, he has worked especially on the relationship between Archives and the defence of Human Rights. He is the author of a UNESCO report “Archives of the security services of former repressive regimes” (1995); an updated and further developed version was published by the ICA in 2009 with the title

“Archival Policies in the Protection of Human Rights”. He has been a member of the Human Rights Working Group of the International Coun- cil on Archives since 2003 and he is also a founder member of Archivists without Borders. Today he is Chair of the ICA Section on Archives and Human Rights.

Karl Gustafsson is Associate Professor in the Department of Economic History and International Relations at Stockholm University and Sen- ior Research Fellow at the Swedish Institute of International Affairs. He has recently published peer-reviewed articles in International Relations, Cambridge Review of International Affairs, Journal of International Relations and Development, Survival, European Political Science and Memory Studies. He won the Wang Gungwu prize for best article in Asian Studies Review in 2014.

Peter Horsman was, until his retirement in 2012, a faculty staff of the Uni- versity of Amsterdam, teaching various aspects of archival science. Previ- ously, he worked with the Netherlands Archives School, and even before it with the municipal archives of Dordrecht and the National Archives of the Netherlands. Currently, he is active as a consultant, mostly in the

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field of (electronic) records and archives management and digital pres- ervation, for both public and private organizations. On behalf of the Netherlands Institute for War, Holocaust and Genocide Studies (NIOD) he is involved in a project of digitising and making available the archives of the genocide courts in Rwanda.

Dagmar Hovestädt is the spokeswoman of the Federal Commissioner for the Stasi Records since 2011. She previously worked as a journalist in Berlin during the time of transition from 1989 to 1999 continuing to report for German media from California from 2000 to 2011. As part of her current duties, she is responsible for the media outreach and the digital efforts to turn the archive into a resource for future generations.

She is also working closely with the international visitor community to the archive, is part of an initiative to form an international human rights archive network and is speaking and writing on the role of archives in transitional justice. She received a master’s degree in communication and political science from the FU Berlin in 1991.

Adel Maïzi was appointed to the Truth and Dignity Commission (IVD) by the Tunisian National Constituent Assembly. He chaired the IVD’s Commission for the Preservation of National Memory and was its Chief Records and Archives Manager throughout its mandate, from 2014 to 2019. Before this, he was Chief Archivist at the Ministry of Finance from 2012 to 2014. He is also a poet, writer and human rights activist, and Secretary General of the Arab Centre for Transitional Justice.

Gilles Manceron, who began his career as a high school history and geog- raphy teacher, was Editor-in-Chief of Hommes & Libertés, the journal of the French Ligue des droits de l’Homme (LDH), from 1997 to 2005.

Vice- President of LDH from 2005 to 2006 and from 2009 to 2011, he is currently joint chairman of its “Memory, History, Archives” work- ing group. He has published several works on colonial history, including Marianne et les colonies (2003), and is president of the Colonial and Post-Colonial History Society (histoirecoloniale.net).

Gilles Morin is a research fellow at the Centre d’histoire sociale des mondes contemporains (University of Paris 1 Pantheon-Sorbonne, UMR-CNRS 8058). He specialises in 20th-century French political and social history and, in 1992, submitted his doctoral thesis on Socialist opposition to the Algerian War, a subject at the interface between colonial and political history. He has co-directed several collective works focusing mainly on the history of the French Socialist Party and is currently working on a publication concerning the National Popular Rally (RNP), one of the main collaborationist parties during World War II. He is a member of the editorial committee of 20 &21. Revue d’histoire (formerly Vingtième siècle. Revue d’histoire), with responsibility for the “archives” section.

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Mariana Nazar is a historian and an archivist. She has worked in the Gen- eral Archives of the Nation of Argentina since 1998 – initially as a tech- nical assistant of the Intermediate Archives Department and currently as a coordinator of the Training and Archival Development Program of the General Directorate. She has been archival advisor to social, political and union organizations and lecturer at the Department of History of the Faculty of Philosophy and Letters of the University of Buenos Aires.

Since 2018, she teaches and collaborates as Academic Coordinator of the Diploma in General Archiving of the National University of Tres de Febrero. She is a member of the Executive Committee of the Iberarchivos Program, Vice President of the Section on Archives and Human Rights of the International Council on Archives (ICA) and Coordinator of the Archives and Human Rights Working Group of the Latin American Archives Association (ALA).

Trudy Huskamp Peterson, an archival consultant with a PhD from the Uni- versity of Iowa, is a Certified Archivist, an ex-chair of the Human Rights Working Group of the International Council on Archives and a writer of its monthly newsletter, ex-president of the Society of American Archivists and the International Conference of the Round Table on Archives and the author of books and articles on the archives of truth commissions, inter- national criminal courts and police forces. She was the Acting Archivist of the United States, 1993–1995.

Marius Stan holds a PhD in political science from the University of Bucha- rest where he is now Research Director of the Hannah Arendt Center.

He served as the editor of the journal History of Communism in Europe.

He is the author of books published in several languages and of numer- ous articles in international scholarly journals. Most recently, he has co- authored together with Vladimir Tismaneanu Romania Confronts Its Communist Past: Democracy, Memory, and Moral Justice (Cambridge University Press, 2018), and previously A Stalin Dossier: The Genialis- simo Generalissimo (Bucharest, Curtea Veche Publishing, 2014) and A Lenin Dossier: The Magic of Nihilism (Bucharest, Curtea Veche Pub- lishing, 2016). His research and teaching interests include 20th-century European Communism and fascism, revolutionary political ideologies and movements, transitional justice and the main intellectual biographies and debates during the Cold War.

Henri Thulliez is a member of the Paris Bar. He worked for Human Rights Watch between 2011 and 2016 as a coordinator on the Hissène Habré case. He was responsible, inter alia, for coordinating the legal and media- related activities of the various protagonists: associations, lawyers and victims of the regime. He headed the Foundation for Equality Opportu- nity in Africa, and is co-founder of the Platform to Protect Whistleblow- ers in Africa (PPLAAF).

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Vladimir Tismaneanu is Professor of Comparative Politics and Director of the Center for the Study of Post-Communist Societies at the University of Maryland, College Park. In 2006, he chaired the Presidential Com- mission for the Analysis of the Communist Dictatorship in Romania.

In 2008–2009, he was a fellow at the Woodrow Wilson International Center for Scholars. His research areas include comparative politics, political ideologies, revolutions, as well as the contemporary politics of Central and Eastern Europe. His books include Romania Confronts Its Communist Past: Democracy, Memory, and Moral Justice, co-authored with Marius Stan (Cambridge University Press, 2018), The Devil in His- tory: Communism, Fascism, and Some Lessons of the Twentieth Century, 2012; paperback 2014), Stalinism for All Seasons: A  Political History of Romanian Communism (2003), Fantasies of Salvation: Democracy, Nationalism and Myth in Post-Communist Europe (Princeton University Press, 1998; paperback 2009) and Reinventing Politics: Eastern Europe from Stalin to Havel (Free Press/Simon & Schuster, 1993). Tismaneanu is a member of the editorial board of the Journal of Democracy and the Journal of Cold War Studies.

Kirsten Weld is Professor of History at Harvard University. A scholar of modern Latin American studies, her research explores 20th-century struggles over inequality, justice, historical memory and social inclusion.

Her first book, Paper Cadavers: The Archives of Dictatorship in Guate- mala, won the 2015 WOLA-Duke Human Rights Book Award and the 2016 Best Book Award from the Latin American Studies Association’s Recent History and Memory Section. She is currently writing her second book, Ruins and Glory: The Long Spanish Civil War in Latin America, which examines the impact and legacies of the Spanish Civil War in the Americas from the 1930s through the present. Her research and essays have appeared in venues such as Hispanic American Historical Review, Jour- nal of Latin American Studies, Radical History Review, Plaza Pública, Dissent, Guernica, Modern American History and NACLA Report on the Americas.

Vincent de Wilde d’Estmael is Senior Assistant/Deputy International Prose- cutor at the Extraordinary Chambers in the Courts of Cambodia (ECCC) since March  2007. He previously worked as a lawyer at the Brussels’

Bar Association (1992–1995 and 2001–2002). In Rwanda, he was in charge of training programmes for legal personnel on behalf of the NGO RCN-Justice and Democracy (1995–1996), expert legal adviser to the Gikongoro Prosecution Office and, from 1996 to 1998, personal advisor of the Chief Prosecutor at the Supreme Court (for the UN Department of Social and Economic Affairs  – UNDESA). From 1999 to 2001, he was Director of the Judicial Defenders Project of the Danish Institute of Human Rights, before heading a programme for the improvement of

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criminal justice and detention conditions in Cameroon financed under the European Development Fund and carried out by the British Council (PACDET, 2002–2005). Between 2005 and 2007, he was Deputy Head of the Rule of Law Section of the UNOCI peacekeeping mission in Ivory Coast, with responsibility for legal affairs.

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Foreword

I welcome the attention this book brings to the important task of archiv- ing records of mass human rights violations. The careful documentation of atrocities is an essential step towards accountability for the perpetrators, justice and reparations for the victims and preventing further conflict by deterring and preventing future abuses.

Public access to archival information about serious violations of human rights and humanitarian law is also essential to ensuring the right to truth.

I have witnessed the pain suffered by victims of serious human rights viola- tions and their families. I know how painful it can be to search for – and find – the truth about what happened.

But acknowledgement by society that grave injustice was inflicted can bring a measure of consolation to families and contribute to the dignity of the survivors. Moreover, in the case of groups such as the Grandmothers de Plaza de Mayo, who search for the children of their detained parents and illegally adopted, there is another dimension: the search for truth may culminate in the joy of at last meeting their grandchildren. It also offers these grandchildren the ability to re-establish their true identity and lost family ties.

Victims – and everyone in society – have an inalienable right to know the truth about what has happened. They have a right to see that justice is done.

All of these aspects are essential to reconciliation.

By establishing the guilt of individuals – not entire communities – trials can help to erase the perception that a whole community was collectively responsible for massacres – a view that may drive repeated cycles of vio- lence. Justice also builds public confidence in the new, or renewed, institu- tions of the State.

These vital processes of justice can only take place when evidence has been gathered, organised and preserved for impartial assessment.

Complementing prosecutions, truth-telling initiatives also promote more objective public understanding of events that have taken place, because they allow conflicting parties to hear each other’s grievances and suffering. This development of a common understanding of what has happened is the basis of reconciliation. And over the longer term, archiving this work by truth

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commissions, and other truth-seeking initiatives, does not only guarantee the preservation of testimonies – whether by victims or perpetrators. It also builds an enduring educational tool to combat denial and revisionism.

As Archbishop Desmond Tutu has said, “Where justice and order are not restored, there can be no healing, leaving violence and hatred ticking like a bomb in the corner”. A society that cannot access and discuss informa- tion about the crimes, which have occurred in its past, is deprived of a clear understanding of its own history and the complexity of its heritage. And when communities remain frozen in bitterness and mutual misunderstand- ing, this jeopardises the ability to build enduring peace and resilient and inclusive development.

Many post-authoritarian and post-conflict societies face great challenges in preserving, and enabling access to, records of mass violations. These challenges may stem from political reluctance to ensure clarity about these crimes; or they may stem from capacity considerations; or from long-standing denials of academic freedoms and the right to freedoms of information, expression and opinion.

In order to facilitate accountability, the United Nations is also active in collecting and preserving archives and records relevant to serious violations of human rights. Recent years have seen intensive efforts to collect, compile and analyse material, from all available sources, on atrocities in Syria and Myanmar. We in the United Nations stand ready to share our expertise in this vital area with States having need of it.

Archives of human rights violations are not only a tool for looking back- wards. They help build society’s future. To break the cycles of violence, bitterness, grievance and renewed violations, we must seek to rebuild more inclusive societies, where diversity – whether ethnic, racial, religious, politi- cal or communal – is recognised as valuable and is respected: where objective clarity about the past can advance a future of healing, in which recourse to violations is not only unacceptable but unthinkable. And where members of every community can work together to address the many facets of a legacy of divisions and violence; develop working relationships in the present; and thus build the beginnings of a shared vision of living, peacefully, together.

Michelle Bachelet UN High Commissioner for Human Rights

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Message from the President of the International Council on Archives

The principal motivation for the collective efforts of the Branches, Sections, Expert Groups and volunteers of the International Council on Archives (ICA) is the fundamental and enduring value of archives. As proclaimed on our website, the ICA membership is united by the belief that

archives constitute the memory of nations and societies, shape their identity, and are a cornerstone of the information society. By providing evidence of human actions and transactions, archives support adminis- tration and underlie the rights of individuals, organisations and states.

By guaranteeing citizens’ rights of access to official information and to knowledge of their history, archives are fundamental to identity, democracy, accountability and good governance.

It is fitting therefore that ICA should commit itself to developing the role of archives in the support of human rights, and as the peak international authority on archives, it should step up and provide leadership in both pol- icy and practice in this area. In my view, this is a priority not only because of the importance of human rights, but also because of the complexities that confront archivists when dealing with human rights in a constantly chang- ing societal context.

The International Bill of Rights describes human rights as a set of princi- ples expressing rights of liberty, equality and justice and freedom of opin- ion, without distinction of any kind arising from race, colour, sex, language, religion, political or other opinion, ethnicity, property, birth or other status.

These principles are enduring, however their practical application is con- stantly evolving in complex and non-obvious ways.

The realisation of human rights in a modern pluralistic society requires a balance: a social contract with a certain degree of negotiation and com- promise. Finding the right balance can at times be challenging for lawmak- ers, judiciaries and civil society. They can compete with one another; for example the achievement of collective security may come at the expense of personal privacy. The practice of a right to freely express personal opinions may result in degrading treatment inflicted upon marginalised communities.

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As our societies evolve, our appreciation of human rights must also con- tinue to evolve. In recent years, worldwide movements, such as Occupy, MeToo and Black Lives Matter, and the resurgence of indigenous beliefs and cultures while traditional collective ownership systems are endan- gered by “progress” have mobilised people all over the world to join public actions in the name of social and economic equality. Other movements have singled out issues such as corruption, global warming, domestic violence and extremism as challenges that must be faced on the basis that they deny people their basic human rights.

It is inescapable. Every day the news bulletins across the globe reinforce the message that the recognition of human rights has never been more important to people everywhere.

I would argue, however, that these new frontiers of the human rights debate cannot be properly settled unless we are able to deal with the most serious transgressions of human rights in our immediate and recent past, inflicted upon people during times of war or by past oppressive regimes.

Many of these darker chapters of humanity’s history are explored as case studies in this publication. These case studies show that even in cases of large-scale and widely acknowledged injustices, the path to justice and the restoration of rights is complex. The achievement of truth and reconcilia- tion cannot be taken for granted or underestimated.

As already stated, ICA recognises that archives contain the evidence upon which the defence of human rights can be prosecuted. The role of the archi- vist therefore is vital. All archivists should understand how, while acting within legal and regulatory frameworks, we can contribute to the devel- opment of societies that are just, inclusive and egalitarian. As archivists, we should ensure that archives exist as authentic evidence of administra- tive, cultural and intellectual activities; and moreover that this invaluable resource will continue to advance a rights-based society for all.

This landmark publication, produced by the ICA Section on Archives and Human Rights, is an invaluable reference to inform our thinking in these important areas. As President of the ICA, I congratulate the contributors and editorial team and commend it as essential reading for all of us with a commitment to the recognition of human rights.

David Fricker

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Introduction

Jens Boel, Perrine Canavaggio and Antonio González Quintana

Sources to all features of the history of humanity can be found in the archives. Records reflect multiple aspects of the life of societies and of each individual, from birth to death. In this book, our focus is on records as evidence of massive human rights violations, in particular crimes against humanity.

Painful memories haunt us like ghosts. They come to us from the ESMA torture centre in Buenos Aires, from beyond the silent surface of Rio de la Plata and the depths of the Atlantic and the Pacific Oceans where opponents of military dictatorships in Latin America were dumped from the sky to their deaths and from all over the world where citizens are being persecuted, discriminated against, excluded and killed for what they believe in or simply for who they are. Recently, this is what happened in Cambodia, Rwanda, South Africa and Spain, today the nightmares continue in Myanmar, Syria, Yemen and elsewhere.

Anyone who has watched Claude Lanzman’s documentary Shoah (1985) will recall how documents apparently as dry as dust, such as train timeta- bles, can serve to reveal the inner core of evil, “the heart of darkness”. The timetables do this by providing evidence of the transports towards death in Auschwitz and by revealing the mute efficiency of bureaucracy in smoothly implementing as many transports as possible in as little time as possible. The archives show the wheels of inhumanity: the horror.

Marek Halter wrote that memory may be our only living eternity.1 It is our capacity to deal with these memories that make us who we are. It is not only former repressive regimes, like Argentina, Chile, Germany, Japan, Portugal, Russia and a host of other countries, which face this challenge.

Current ones, like China and Saudi Arabia, former colonial regimes, such as Belgium, France and the United Kingdom, and big democracies, like Canada and the United States, without a colonial past but with a track record of abuse of indigenous populations, are also concerned. In short, this is a truly universal phenomenon.

Documents and records may bring repressed memories back to life.

While amnesty laws in countries like Argentina and Spain aimed at “turn- ing the page” or sweeping the past under the carpet, recent developments in

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these countries and in many others have shown that regardless of how hard you try to push the unpleasant memories into a closet, lock it and throw away the key, they still come back to haunt you. Survivors and families and friends of victims will claim their right to truth and justice. This is why the bodies literally come out of the earth in Spain, when relentless efforts of associations and individuals result in the discovery of documents revealing the whereabouts of mass graves from the Franco years, and this is why the voices of the Grandmothers of the Plaza de Mayo could not be ignored indefinitely.

Coming to terms with its own history is also a way for a society to sus- tainably build peace. In the UNESCO Yamoussoukro Declaration on a Cul- ture of Peace from 1989,2 this was one of the essential insights. In fact, this perception was not really new, because it built upon the Preamble of UNESCO’s Constitution from 1945, which stated that any lasting peace must be secured by “the defences of peace in the minds of men”. What had changed over the years was mostly the awareness that conflicts and wars happen not merely between states but also within them, between different groups or communities of people. Searching for truth, justice and reconcili- ation is also a way of searching for peace, both among and within societies.

The painful chapters of the past often involve several countries, and the archival search therefore has to be international. One striking example is Operation Condor, a secret military intelligence operation carried out by six South American dictatorships, supported by the United States, between 1973 and 1980. During that time, between 15,000 and 30,000 opponents were tortured and/or murdered. In 1992, a former political prisoner in Para- guay, Martín Almada, got a tip which enabled him to discover 700,000 documents on Operation Condor, the “Terror Archives”, in a run-down police station in the outskirts of Asunción. Later on, the National Secu- rity Archives in Washington, DC, obtained the declassification of thousands of CIA files, which also helped in shedding light on this state-organised hunt for left-leaning dissidents in South America and on their tragic fate.3 Archives in all the countries that participated in Operation Condor have provided pieces of the puzzle that can, finally, establish the truth about what happened to the victims – and about the perpetrators as well. In some coun- tries, like Chile and, in particular, Argentina, perpetrators of human rights violations have been brought to justice. Archives have in these cases played a key role in ensuring fair and informed trials.

The 1990s were a decisive decade for the emergence, at the international level, of the principles of the right to the truth, justice and reparation. As we shall see in Part 1, these were the years where the United Nations adopted the Joinet Principles. It was also, in 1998, the period where a Spanish judge, Baltasar Garzón Real, with the help of Scotland Yard arrested the former Chilean dictator, Augusto Pinochet, in London for crimes committed as part of Operation Condor and documented by archival evidence. The symbolic significance of judge Garzón’s legal action was tremendous; in multiple

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countries, sympathisers and families of victims gathered to express their joy and relief to see a glimmer of hope of justice prevailing in the end. Such is the power of the record.

What we witness during the 1990s and later is also a metamorphosis of the perception of the role of the archivist. While preservation of insti- tutional memories remained essential for the archivist, facilitating access became much more important. What was really new was the idea that archi- vists could and should play an active role in defending basic human rights, in particular by enabling access to documentation on human rights viola- tions. While archival documents traditionally were mostly considered for their administrative and heritage value, they now, more than before, entered the contemporary political and historical scene. Historical amnesia in edu- cational systems was widely challenged and archives played a crucial role in that process. With the exponential growth of information which accompa- nies the development of the new information and communication technolo- gies, in particular the Internet, the archives take on an even stronger role.

In view of the very mixed trustworthiness of the ocean of available infor- mation, the qualities associated with archives – authenticity, verifiability – become crucial. In an era marked by fake news and during which the Oxford Dictionaries (in 2016) declared the term “post-truth” to be the international word of the year, such qualities are more sought for than ever. What a trans- formation of the image of archivists since 1951 when the French National Archivist, Charles Braibant, summarised the common perception of mem- bers of the profession as “passive warehousemen of history”4!

This new awareness of the relevance and importance of archives in doc- umenting violations of human rights is also reflected in the International Register of UNESCO’s Memory of the World programme. Between 2003 and 2011, human rights documentation and archives from a number of countries, in particular in Latin America but also Cambodia, the Republic of Korea and South Africa, were included in the Register. These collections included the Archives of Terror, submitted by Paraguay and admitted in 2009. Argentina, Brazil, Chile and the Dominican Republic also ensured admission of human rights archives in the Memory of the World Register during these years. The process reflects the emergence of an awareness of the significance of these archives and memories, not only for the countries directly concerned but for humanity as a whole.

In some situations, political instrumentalisation and conflicting interpre- tations of tragic and terrible historical events have led to tensions among countries. This is, for example, the case as regards the Nanjing massacre (1937–1938). In Part 2, Chapter 6, Karl Gustafsson analyses this particular aspect of Sino-Japanese relations, which has led to a major crisis for the UNESCO Memory of the World programme. As Gustafsson demonstrates, even in such complicated situations, there are ways forward towards ena- bling nations and peoples to come to terms with their histories and, here again, archives play a vital role.

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A wave of historical documentaries and films on cases of human right violations emerged in the early 21st century. Many of them built on archives or focused on archives as a tool to understand and come to terms with traumatic parts of the past. In Latin America, the wave has been, and still is, particularly strong and intimately connected with the violent, recent past of most of these countries. La Isla – Archives of a Tragedy (2009) is one striking example; this documentary tells the story of repression in Guate- mala from 1954 to 1996 through the archives of the secret police.5 The importance of forensic and archival evidence in fighting against the impu- nity of senior military officials and intellectual authors of the genocide in Guatemala (more than 200,000 victims) is documented in the film Granito:

How to Nail a Dictator (2011). Los archivos del cardenal (The Archives of the Cardinal) is a Chilean television series from 2011, based on the human rights defence work carried out by the Vicariate of Solidarity during the Pinochet dictatorship (1973–1990). Also in Chile, Sebastián Moreno’s film La ciudad de los fotógrafos (2006) documents an independent movement of photographers in the 1980s, which helped in making people aware of the atrocious crimes committed by the regime.

Some of these films became popular successes with excellent reviews, awards and high audience numbers – for example, Das Leben der Anderen (The Lives of Others) from 2006, in which the Stasi archives provide their bitter-sweet, ambiguous truths. Rithy Panh’s documentary S21: The Khmer Rouge Death Machine from 2003 reached a wide audience and made a huge impression. More recently, from 2018, El Silencio de Otros (The Silence of Others) is a powerful warning against forgetting the victims and the atroci- ties committed by the Franco regime in Spain.

Documentaries and films about massive violations of human rights also played a significant role much earlier. A particularly significant example is the documentary The Sorrow and the Pity (French original title: Le Chagrin et la Pitié) from 1969 about the collaboration between the Vichy Govern- ment and Nazi Germany during the Second World War, a film that was not shown on French television until 1981, although it had initially been com- missioned by a government-run TV station. The documentary was censored because it, as the television director put it, “destroys myths that the people of France still need”.6

In the literary field, the late 20th and early 21st centuries have witnessed a strongly increased interest in the search for memories of crimes against humanity. A few examples of influential non-fiction works are The File by Timothy  Garton Ash from 1997, where his consultation of Stasi records enables him to identify and meet the agents and informers who had watched over him, and The Lost: A Search for Six of Six Million from 2006 by Dan- iel Mendelsohn, which is an attempt to reconstruct the lives and deaths of six Jews trapped in a Polish town under Nazi occupation. In the field of fiction, no contemporary writer has probably been more influential when it comes to evoking painful memories than W.G. Sebald, who saw himself as

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a “ghost hunter” chasing “the conspiracy of silence”.7 By way of a hypnoti- cally intense and dense writing style, where every single sign matters, Sebald makes us, his readers, sense the immensity of the loss and horror of the Hol- ocaust, more through oblique images and silences than by direct references.8 From the perspective of the editors of this book, the main purpose of efforts to keep – and, in some cases, restore – memory is to serve human rights of individuals and societies. These individuals can be relatives of dis- appeared, tortured or murdered persons. Getting to know the truth of what actually happened can bring some relief, in spite of the pain associated with confronting these facts and events. Societies need to be aware of the truths of history in order to overcome the horrors of the past and move on. In Latin America and elsewhere, the mantra of many associations of relatives of victims and in defence of human rights has been Nunca Más9 – “Never Again”. This reflects an urge for truth and justice involving, at its core, the fight against impunity. One final outcome may be reconciliation, as part of a process of building just and peaceful societies, but this can only happen on the basis of dealing honestly with the past. The sensitivity and approach are different from the situation in South Africa, where emphasis is on truth and reconciliation. The chapters of this book will show how the interac- tion between these different elements – truth, justice, fight against impunity, peace, reconciliation – has played out in various societies and cultures and in specific historical contexts.

Confronting memory is a way of making the ghosts disappear and begin building a brighter, more serene future. When Emmanuel Macron in February 2017 (at the time he was still just a French presidential can- didate) during a visit in Algeria called colonialism “barbarian” and “a crime against humanity”, then this was indeed his intended purpose. In the United States, there have been voices addressing the topic of the coun- try’s long-standing support to right-wing military dictatorships in Latin America. President Clinton apologised in 1999 for U.S. support of right- wing governments in Guatemala that killed tens of thousands of rebels and Mayan Indians in a 36-year Civil War. It is worth noting that the apologies were offered on the basis of the report of a truth commission, the Historical Clarification Commission, which confirmed the CIA’s par- ticipation in a war that killed more than 200,000 people.10 Although it must be emphasised that such apologies and recognitions are very often only partial (Clinton’s apology to Guatemala was something of an excep- tion), it is still worth noting that on the subject of the role of the United States in bringing to power and supporting the regime in Chile, Secretary of State, Colin Powell, declared in 2003: “It is not a part of American history that we are proud of”.11 This is exactly the point: history cannot be reduced to patriotic celebrations. The healing begins with the acknowl- edgement that painful chapters are essential parts of history; archives then play a crucial role by providing evidence, thereby enabling scholars and citizens to get closer to the truth.

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However, this process is not “a long quiet river” towards truth and jus- tice. The temptation to rewrite history for political purposes is irresistible for governments in some countries. In Poland, the current government is pushing a populist interpretation of contemporary history through the edu- cational system and in museums and other cultural institutions. This means leaving out unpleasant parts, for example, on antisemitism. As The Guard- ian observed with respect to Poland: “Populists treat the past like fast food:

they go straight for what’s tasty and comforting for them, leaving aside the bits that might be healthier and more nutritious for all”.12 Even more telling, perhaps, is the case of Brazil. With the intention of addressing the tough issue of human rights violations during the dictatorship following the military coup in 1964, Brazil proposed, and succeeded in 2011 in obtaining, inclusion of relevant archives in the Register of the Memory of the World.13 With the election, in 2018, of the former army captain, Jair Bolsonaro, as President of Brazil, the government works actively to transform the his- torical narratives of the military dictatorship to that of a glorious period of patriotic anti-communism. One of the climaxes of this revisionist movement was when Bolsonaro decided to organise commemorations to celebrate the 1964 coup. A journalist, whose brother was tortured and killed in custody and whose mother was also killed during the dictatorship, tweeted: “Brazil celebrating the anniversary of the ’64 coup is like Germany instituting Hit- ler Day”.14

Similar developments can be seen in other countries, like Hungary, India and Russia. These backlashes for the struggle for the right to truth, and, thereby, for evidence- and archives-based approaches, are reminders that human rights, such as the right to know and the right to justice, are not given once and for all after they have been achieved but have to be defended and constructed again, by every new generation. These political develop- ments also demonstrate that the principles and ideals of the right to his- tory and the right to the truth are universal; all countries are concerned and intertwined. The United Nations play a particularly important role in this context, as the UN High Commissioner for Human Rights, Michelle Bachelet, points out in her Foreword to this book. The writing of history has always been a battlefield, but only archives can ensure that the historical debate can take place on an informed basis.

In addressing the vast topic of this book, we have chosen to include case studies from all regions of the world. The authors come from different hori- zons and include archivists, lawyers, political scientists and historians. Our goal has been to cover a wide spectrum of questions and discussions, in particular relating to the use of archives in different contexts. Our starting point was the observation that huge and unprecedented amounts of police and security records, left by former repressive regimes, present new chal- lenges in terms of preservation and access. Archives of NGOs constitute in some cases valuable, but also vulnerable, alternative or complementary sources. Truth and reconciliation processes in numerous countries lead to

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innovative and significant ways of using archives, including for educational purposes.

We hope the book will prove useful and inspiring for students and schol- ars of social and human sciences, individuals and associations involved in truth and reconciliation processes and the interested general public.

All authors have been invited to present briefly the historical, political, social and cultural contexts of their case. In particular, we have encour- aged descriptions and uses of archives in national judicial processes, for Truth and Reconciliation Commissions and for transitional justice in gen- eral. We have also emphasised our interest in political processes (such as vetting), transnational relations, reparations, memory-building, education, research and prevention. The problems encountered with regard to uses of these archives relate to topics such as the political processes, identification, conservation, access, organization, manipulations and falsifications.

Our focus has been on cases from recent history after World War II. The selected cases provide an outlook and understanding, which is very far from being comprehensive in scope. Nevertheless, we believe that the diversity of our selection will enable the reader to get an overview of the types of ques- tions and issues at stake when using archives to document massive human rights violations. If the book can serve as a tool and as an inspiration for future endeavours to use archives in defence of human rights, then we will have achieved our objective.

Notes

1 See Halter, Marek. 1995, La force du bien. Paris: Editions Robert Laffont, p. 8.

2 Yamoussoukro Declaration on Peace in the Minds of Men. 1989. Available at https://unesdoc.unesco.org/ark:/48223/pf0000090471.

3 On Operation Condor, see: Dinges, John. 2005, The Condor Years: How Pino- chet and His Allies Brought Terrorism to Three Continents. New York: New Press.

4 Braibant, Charles. 1951, “Archivum,” Archivum, vol. 1, pp. 3–4. See also: Roth- schild, Emma. 2008, “The Archives of Universal History,” Journal of World History, vol. 19, no. 3, pp. 375–401.

5 Kirsten Weld tells and discusses the story of the tumultuous existence of these archives in Part 2, Chapter 17.

6 Jeffries, Stuart. 2004, “A Nation Shamed,” The Guardian, 23 January.

7 Schwartz, Lynne Sharon, ed. 2007, The Emergence of Memory: Conversations with W.G. Sebald. New York: Seven Stories Press.

8 W.G. Sebald writes most directly about repressed Holocaust memories in Auster- litz, published by Penguin Books in 2001.

9 The phrase was originally used as the name for the final report of the Argentine Comisión Nacional sobre la Desaparición de Personas (National Commission on the Disappearance of Persons – CONADEP). Available at www.desaparecidos.

org/nuncamas/web/english/library/nevagain/nevagain_000.htm.

10 Available at www.nytimes.com/1999/03/11/world/clinton-offers-his-apologies- to-guatemala.html.

11 Kornbluh, Peter. 2003, The Pinochet File: A  Declassified Dossier on Atrocity and Accountability. New York: New Press, p. XI.

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12 The Guardian, 17 September 2019: The populist rewriting of Polish history is a warning to us all.

13 Network of information and counter-information on the military regime in Bra- zil (1964–1985). UNESCO, Memory of the World: International Register. Avail- able at https://en.unesco.org/programme/mow/register.

14 The Guardian, 27 March 2019: Fury as Bolsonaro orders Brazil army to mark 55th anniversary of military coup.

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Part 1

Archives and human rights

A close relationship

Jens Boel, Perrine Canavaggio and Antonio

González Quintana

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1 Archives and citizens’ rights

Human rights and public archives: a parallel history

Democracy, human rights and archives have a shared history. As Michel Duchein (1983) notes in his historical analysis of the development of access to archives:

As far as is known, access to the archive repositories constituted by kings and priests in ancient times was limited strictly to the officials responsible for their preservation or to those who had received specific permission from the supreme authority. Actually, the preservation of archives has always been linked to the exercise of power, since the pos- session of memory is essential to governing and administering. Acces- sibility to archives was therefore a privilege, not a right . . . it seems that the idea of opening archives to non-official researchers is closely linked to the birth of the idea of democracy, that is to the Athens of the fourth century B.C. Litigants at law were permitted to seek documents in official archives to support their cases. Likewise, when elected magis- trates were accused of treason or of violating the laws, the conservator of the archives was called upon to furnish the documents relating to the matter.

(p. 2) Looking back for early precursors of the concept of human rights, two examples that immediately spring to mind are the Magna Carta (1215), a charter of rights signed by King John I of England under pressure from rebel barons, and the Bill of Rights (1689), a landmark Act that was the culmination of the “Glorious Revolution” in 17th-century England. But we have to wait until the 18th century and the American Revolution to find the first real precursors of the Universal Declaration of Human Rights that is our benchmark today. While the Magna Carta and the Bill of Rights may have successfully clipped the monarch’s wings, the rights they afforded were not general in nature and had only very limited scope. In addition, these rights were reserved for the privileged few, and bore a strong resemblance

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to feudal systems such as pre-Revolutionary France (Ancien Régime) with its three estates.

The idea that access to archives was part of democracy was given a new lease of life with the philosophers of the Age of Enlightenment, at the same time as the notion that justice should be “transparent”, and particularly that defendants should have access to the evidence of their accusers, as most famously stated by Cesare Beccaria in Dei delitti e delle pene (On Crimes and Punishments), 1764. This was the first departure from the principle of absolute secrecy of judicial archives that had been inherited from Roman criminal procedure.

The Virginia Declaration of Rights of 1776, which was to have a decisive influence on the U.S. Declaration of Independence of the same year, the 1789 U.S. Constitution and, to an even greater extent, the 1791 U.S. Bill of Rights, without doubt recognised some of the rights that would subse- quently feature in later, more recent declarations of rights, for example the unalienable right to life, liberty, ownership of property, safety, the pursuit of happiness and freedom of speech, to which may be added the right of resistance or rebellion against injustice. While, on the surface, the words used in these documents may seem universal, in truth this was far from the case, because none of the rights listed in the Virginia Declaration, the Declaration of Independence or the U.S. Bill of Rights extended to women and slaves.1

Perhaps the most direct predecessor of later declarations is the Declara- tion of the Rights of Man and of the Citizen (Déclaration des droits de l’homme et du citoyen) adopted in France in 1789 by the National Con- stituent Assembly, which was the first actually to include the words “rights of man” in its title. Its Article 15 also states that “The society has the right of requesting an account from any public agent of its administration”. And it was soon after this declaration, in the early days of the French Revolu- tion, that the first law was passed establishing a new National Archives to be open to all French citizens (7 Messidor Year II, i.e. 25 June 1794). There are a number of authors who believe that it was not historical research that motivated the French revolutionaries but more the “desire to use the National Archives to preserve old records as nationalised public property”

(Cunningham, 2005). Nevertheless, the proclamation that “the archives belonging to the Nation, including governmental, administrative, judiciary and ecclesiastical archives, were to be accessible freely and without cost to all ‘citizens’ requesting such services” was truly historical (Duchein, 1983).

From the time of the 19th-century liberal revolutions, Archives set about adapting their structures and regulations to cater to requests from citizens demanding application of their newfound rights, not least the right to per- sonal identity, as a step towards acquiring the citizenship promised by the French Civil Code and documented through Civil Registration. Property rights, for their part, were guaranteed through the Land Registration sys- tem. Subsequently, the legal safeguards protecting citizens’ rights were

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further bolstered by the recordkeeping systems that emerged in waves on a parallel to the fledgling liberal democracies and fundamental freedoms.

The civil registration system created in 1792 was to have an even greater effect than the National Archives in consolidating the rights laid out in the 1791 French Constitution through the inclusion in its preamble of the prin- ciples outlined in the Declaration of the Rights of Man and of the Citizen.

It was at this point that convergence between universal rights and archives reached its zenith. Civil registries were set up in each of the different munici- palities, a principle extended under Napoleon to the rest of the Empire, for purposes of enforcing the Civil Code. The secular State supplanted the Church, which previously had a monopoly over public records: births, mar- riages and deaths and their respective registries. Until then, it was the par- ishes that kept sacramental records of births and marriages in line with the decisions of the 1563 Council of Trent. Previously and until the Revolution, it had been impossible to register the birth of anyone who was not a church- goer or who had not been baptised:

The purpose of introducing civil as opposed to religious rites was to show that, in declaring their vital details to the municipal registrar, indi- viduals could become members of the community of citizens in the same way as baptism signalled their entry into the community of Christ. . . . Babies were to be “presented” by their parents to the “secular” church, in other words the “house of the community” (town hall). These prin- ciples then formed the basis for addressing the actual issue of individual identification.2

(Noiriel, 1993) Since civil registration came into force civil rights and public records and archives have evolved along parallel lines. Civil registration, as a secular system linked to the public authorities, may rightfully be considered the ancestor of public archives. This is the moment in history to which we can therefore trace back the earliest links between archives and individual liber- ties and, later, between archives and democracy.

These parallels speak for themselves in Haiti, for example, where the first Constitution, in 1801, explicitly stated that all men were equal, irrespective of their colour and that no men should be slaves. This was the first ever text to grant the same rights to blacks and whites, which was fully concordant with the terms of earlier declarations but totally at odds with the realities of the situation in the United States and, at certain moments of its history, in France. The 1801 Constitution was the brainchild of the Island’s Governor General, Toussaint Louverture, at a time when Haiti was still a French col- ony. The Constitution was short-lived, because it was rescinded by Napo- leon the following year, after slavery, previously abolished by the National Convention in February 1794, had been restored. In this West Indian island, the scene of the first triumphant slave uprising, civil registration was of

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enormous importance and, for historical reasons connected with the large number of Haitians who have emigrated over the past 200  years, it has always been a vital aspect of Haitian life and a constant cause for concern.

Oddly, in one of the first countries to adopt civil registration, it was here that it was to be eroded over the years. With such a huge emigrant popula- tion, many people have had to fight to secure recognition of their personal identity. The crucial moment in this highly explosive situation came when fighting broke out in the Dominican Republic in response to the decision to deregister Haitian children born there with retroactive effect (IACHR, 2015; Primera, 2013). From the time the National Archives was created in Haiti in 1860, it was linked to the civil registry, with the result that, by the last third of the 20th century, it was little more than a satellite of the registry. It is no coincidence that the oldest documentary holdings in Haiti’s National Archives are civil registers dating back to 1799 (Bertrand, 1988).

The second major source of documentary material connected with the rights laid out in the Declaration of the Rights of Man and of the Citizen and their application is the property registers held by the Land Registries which have the status of official agencies open to the public.

The making of international human rights law and the right to access archives

If we were to try to pinpoint the moment in international law when inter- national tribunals first became able to judge crimes against humanity, we would naturally think of the International Military Tribunal (IMT) convened in Nuremberg in 1945 and, equally, of the International Military Tribunal for the Far East (IMTFE) convened in Tokyo following the capitulation of Japan, the sessions of which ran from 3 August 1946 to 12 November 1948.

While Nuremberg and Tokyo are most remembered for the sentences passed on the main leaders of the Third Reich and Japan, respectively (with the exception of Emperor Hirohito), perhaps the most remarkable devel- opment was that a number of concepts soon to become key features of international law, not least that of “crimes against humanity”, were given theoretical definitions. These concepts were also included among the so- called Nuremberg Principles and set out in the Charter of the International Military Tribunal in Nuremberg (Nuremberg Charter) on 6 October 1945.

They set the foundations giving both tribunals authority to judge:

a Crimes against peace: namely, planning, preparation, initiation or wag- ing of a war of aggression or a war in violation of international treaties, agreements or assurances, or participation in a common plan or con- spiracy for the accomplishment of any of the foregoing;

b War crimes: namely, violations of the laws or customs of war. Such viola- tions shall include, but not be limited to, murder, ill-treatment or depor- tation to slave labour or for any other purpose of civilian population

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