1 The activities of the ICA Human Rights Working GroupGiulia Barrera ICA HRWG (Chair) DG Archives, Italy

2 It decided the creation of a Human Rights Working Group2003 ICA conference in Cape Town dedicated to Archives and Human Rights It decided the creation of a Human Rights Working Group

3 From the start, ICA has been concerned with the role that archives play in society1946, US National Archivist Solon. T. Buck wrote to the UNESCO suggesting the creation of an international organization of archivists “Archivists of all countries need to unite” He conceived of archival cooperation as a peace building tool

4 After decolonization ICA devoted great attention to the role that archives could play in the nation-building process “Guide to the Sources for the History of Nations” (Survey of archival sources on the history of African, Asian and Latin American Countires preserved in European and North American archives). Tot. 60 volumes

5 After the end of Cold WarThe ICA stars talking more explicitly of archives as an instrument to support human rights

6 1993 ICA conference in MexicoThe ICA decided the creation of a working group on the archives of the former authoritarian regimes; chaired by Antonio Gonzalez Quintana → 1996 guidelines “Archives of the Security Services of Former Repressive Regimes”, in Janus, 1998 Archival policies in the protection of human rights (2008)

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8 From the October 2016 issue:Argentina/Vatican. A joint statement by The Vatican and bishops from Argentina said they have “finished cataloguing” their archives from Argentina’s “dictatorship era” ( ) that are “held in the Vatican secretariat of state, the Vatican’s Buenos Aires embassy and the Argentinian bishops’ conference.” These archives will “soon” be available “to victims and their relatives (…) not academics.” https://www.theguardian.com/world/2016/oct/25/vatican-argentina-archives-dictatorship-pope-francis

9 From the October 2016 issue:Australia/United States. The controversy over Ford Motor Company’s plan to ship its archives from Australia to its headquarters in the United States continues. For background, see HRWG News ;

10 From the October 2016 issue:Bulgaria/Russia. In 1944 “130 bags of document[s] were taken out of the Bulgarian archives and transported to the USSR,” novinite.com reported. Russia wants USD 23,490 to return the archives, which are said to contained mostly police records (…)

11 From the October 2016 issue:Honduras. Court files on the case of the assassination of Berta Caceres, an environmental activist and indigenous rights leader, were stolen when “assailants carjacked the vehicle” of an appellate court judge at the end of September (…)

12 From the October 2016 issue:Thailand. The Nation reported that “about 4.25 million land possession documents . . used as proof for the issuance of land-deed documents have not yet been stamped and approved by the Lands Department’s clearance system.” This backlog “has been pinpointed as a critical cause of deforestation” because the destruction of the forest “generally involves extended or entirely false claims on land ownership and the grabbing of state land or forest.” (…)

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14 comprise 25 articles that: Basic Principles on the Role of Archivists and Records Managers in Support of Human Rights comprise 25 articles that: remind archivists of the relevance of their role in enforcing many human rights and fundamental freedoms. translate into a set of professional guidelines some human rights and fundamental freedoms recognized by the United Nations and other international organizations.

15 9 articles grounded on the right to learn the truth about human rights violationsAchivists should take special care when they select, arrange, describe and decide on access to archives documenting human rights violations

16 5 Articles are based on the principle of non discriminationwhen dealing with users (art. 12) when hiring new archivists (art. 21) when selecting and acquiring archives (art. 3) Archivists should: provide special assistance to disadvantaged persons (art. 13) provide members of minority groups that have suffered discrimination, with opportunities to become archivists (art. 22)

17 5 articles on access to archivesArticles 10 and 14 of the Basic Principles are on access in general (→ archivists should promote access) Art. 11 on protection of personal information from unauthorized access → respect the dignity of persons Articles 13 and 19 on access to archives documenting human rights violations

18 Articles 17 and 18 are on disputed archival claimsThe View of the Archival Community on Settling Disputed Archival Claims (Position Paper adopted by the Executive Committee. Guangzhou, April 1995) Institutions, archivists and records managers should not acquire archives which do not fall with their jurisdiction. They should settle claims about disputed displaced archives in a spirit of fairness and mutual respect

19 2 articles on the ethical imperative to report gross violations of human rights to pertinent authorities Archivists should inform pertinent authorities about the existence of archives containing evidence of gross violations of internationally recognized human rights that (a) are ongoing or (b) for which victims might seek compensation. Governments should provide archivists who report human rights violations the right to report to an appropriate authority possible retaliations.

20 2 articles support archivists’ right of expression and associationArchivists and records managers have the right to take part in public discussion of matters concerning the promotion and protection of human rights (art. 23). They are entitled to form and join self-governing professional associations (art. 24).

21 Professional associations: do not leave archivists alone!Art. 25 Professional associations of archivists and records managers should provide guidance and support for archivists handling archives with human rights aspects.

22 Basic Principles are now available on the ICA websiteEnglish French Spanish Portuguese Translate them in your national languages!

23 Standard agreement on copying archives and exporting copiesWealthy Western institutions carry out large-scale digitalization projects of entire archival fonds of some poor countries Who decides on access policies or copyright polices? An ICA model agreement can help parties to negotiate fair agreements

24 Providing a safe haven for archives at riskTrudy Huskamp Peterson has been working for years with the National Archives of the Marshall Islands (at risk of going under water because of climate change) Risks for archives so serious as to require relocation can also from war, political unrest, civil war, etc.

25 NGO Swisspeace workshp (Oct. 2016)Two members of the HRWG participated Follow-up working group (representatives of institutions potentially seeking safe haven, representatives of institutions that can offer safe haven, D.Sutton and T. Peterson of the HRWG, D. Grange representing the ICA Secretariat, a representative of Unesco,etc.) Can the EU play a more active role?

26 Business archives and human rights2005 Special representative on the issue of human rights and transnational corporations and other business enterprises 2011 UN Human Rights Council unanimously endorsed Guiding Principles on Business and Human Rights They do not mention archives

27 General Comment on the article 15 of the International Covenant on Economic, Social and Cultural Rights States should guarantee: “access for all, without discrimination on grounds of financial or any other status, to museums, libraries, cinemas and theatres and to cultural activities, services and events.” The Committee on Economic, Social and Cultural Rights forgot about archives!

28 What to do? Cooperation with ICA Section on Business ArchivesCommentary to the UN Guiding Principles on Business and Human Rights, that highlights how many of such principles require good recordkeeping systems to be enforced Present it at the Annual Forum on business and human rights

29 Thank you for your attention!