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EALS AND OUT PUSH FOR RETENTION OF ARCHIVES IN AFRICA
EALS in collaboration with the Open University of Tanzania (OUT) recently held a two day consultative meeting in Arusha to debate on the future of the records, archives and residual functions of the UNICTR. Over 50 participants drawn from the EAC Partner States, Botswana, and South Africa, were in attendance.
In particular, the experts gathered, to discuss, review and report on the suitable location(s) and facilities necessary to preserve the archives; necessary technical/technological support required; and review relevant legal framework. They also debated on strategies necessary to ensure such facilities have adequate security and an environment conducive for the preservation of the archives.
A Communiqué issued at the end of the meeting and presented to the Goldstone Committee touched on three major principles - that of ownership, custodianship, and policy matters surrounding the archival issue. The consultative meeting acknowledged the need for the UN to retain ownership of such records, and related equipment, after the completion of its activities, regardless of form and nature.
Please review the Communique below
COMMUNIQUE OF THE CONSULTATIVE MEETING ON THE LEGACY, RESIDUAL FUNCTIONS AND ARCHIVES OF THE UNITED NATIONS’ INTERNATIONAL CRIMINAL TRIBUNAL FOR RWANDA (UNICTR)
PRESENTED TO THE ADVISORY COMMITTEE ON THE ARCHIVES FOR THE UN TRIBUNALS FOR THE FORMER YUGOSLAVIA & RWANDA
ARUSHA, TANZANIA 16-17 AUGUST, 2008
1 PREAMBLE
Convening in Arusha to reflect on the completion strategy, legacy, residual functions, records, archives and related equipment of the UNICTR, including where they will be housed after the UNICTR winds up its activities;
Acknowledging the openness and assistance of the UNICTR in engaging policy-makers, academia and civil society on its completion strategy, legacy, residual functions, archives and related equipment;
Appreciating the work of the Advisory Committee on the Archives for the UN Tribunals for the Former Yugoslavia & Rwanda (the Goldstone Committee) and its invitation to African civil society to make representations to it as it prepares to submit its report and recommendations to the Registrars of the UN Tribunals for the former Yugoslavia and Rwanda;
Noting that the United Nations (UN) has ultimate ownership, and the UNICTR has the current responsibility over, the records, archives and related equipment of the UNICTR;
Recognizing the importance of retaining the records, archives and related equipment of the UNICTR in Africa as part of African heritage and to promote long-term reconciliation and deterrence to impunity.
We, the participants of the said consultative meeting, are committed to the following:
2. PRINCIPLES
2.1: Ownership
The consultative meeting acknowledges and accepts that the United Nations (UN) retains ownership of UNICTR records, archives and related equipment after the completion of its activities, and that all records, archives and related equipment, regardless of form, remain the property of the UN.
2.2: Custodianship
The consultative meeting has reflected on the option of jointly housing the UNICTY and UNICTR records, archives and related equipment, possibly outside Africa, and oppose this option. The participants are in agreement that the UNICTR records, archives and related equipment must remain in Africa.
2.3: Policy issues
2.3.1: Confidentiality
Acknowledging that there are, amongst other things, issues related to witness protection and confidential information that was obtained by the Prosecutor (under Rule 70 of the UNICTR Rules of Procedure and Evidence), we recommend that all sealed records and materials that need to remain confidential shall be maintained and retained, unless unsealed by Court order. The security of such sealed records and materials must be guaranteed.
2.3.2: Access
Access to all non-confidential records and materials must be guaranteed. Specifically African institutions and the UNICTR should take proactive measures to locate copies of the public records in various institutions in the various regions of Africa and worldwide.
2.3.3: Funding
Acknowledging that substantial resources will be required, the UN and its African Member States, the international community, the African Union (AU), the East African Community (EAC), the International Conference on the Great Lakes Region (ICGLR), and the private sector need to pool resources together in a fund dedicated for this purpose.
2.3.4: Technology
More than adequate technology infrastructure currently exists within the continent to meet the demands of access, maintenance, storage and security of the UNICTR records, archives and related equipment.
2.3.5: Capacity & Infrastructure
Current and future physical structures must be permanent and adequate. There are available African resources and sufficient technical capacity to manage the UNICTR records, archives and related equipment:
3. RECOMMENDATIONS
Taking into consideration the above, the consultative meeting makes the following recommendations to the Goldstone Committee:
1. The ICTR records, archives, related equipment and residual functions must remain and be managed within Africa;
2. African governments, institutions and the UNICTR should take measures to locate copies of the public records, archives and related equipment in several institutions in the various regions of Africa and worldwide;
In addition, the consultative meeting appointed a Task Force to pursue implementation of these recommendations.
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