Commentary: Write On: The Guatemala police archives case
From its first meeting in January 1946 until 13 February 2020 the UN Security Council never had a debate focusing solely on transitional justice. Thanks to the Belgium government, which presided over the Council in February, this long drought is ended. And, said the International Center for Transitional Justice, “The high turnout of member states was positively surprising, as more than 60 speakers signed up to present their official statements. A few minutes before the debate started at 10 am, the Security Council chamber was filled for a session that lasted into the evening.” https://www.ictj.org/news/landmark-unsc-discussion-transitional-justice
Michelle Bachelet, the UN High Commissioner for Human Rights, opened the session with a statement she delivered by video from Geneva. She began by saying, simply, “We know that lasting peace is interlinked with justice, development and respect for human rights.” She noted the recent developments in Sudan (see below) and referred to her own experience in Chile. Then she turned to the situation in Guatemala, saying:
Guatemala stands out for its landmark final report of the truth commission “Memoria del Silencio’ (1999). The report provided an authoritative record of human rights violations during the conflict, giving a voice to the victims and analyzing the dynamics underlying 36 years of conflict. It was instrumental in advancing victims’ rights, including in several high-profile judicial cases on conflict-related sexual violence and other crimes, which have resulted in orders for victim-centered and transformative reparations. Sadly, much of this progress is now at risk." https://www.ohchr.org/en/NewsEvents/Pages/DisplayNews.aspx?NewsID=25552&LangID=E
As readers of this News know, the situation of archives in Guatemala is precarious. Court cases still entangle the former national archivist and the former director of the police archives. The records of the truth commission and the records of the International Commission against Impunity in Guatemala (Comisión Internacional contra la Impunidad en Guatemala, CICIG) are both in the United Nations archives in New York with no public research access to them. In Guatemala the Archivo General de Centroamerica (the national archives) continues to be cruelly under-resourced in staff, funds, and facilities. The police archives (Archivo Histórico de la Policía Nacional, AHPN) is moribund.
In July 2019 Guatemala’s Human Rights ombudsman filed an amparo (a request for the protection of legal rights) with the Supreme Court of Justice to ensure preservation of and access to the police records. When no decision was forthcoming, on 3 February 2020 the Ombudsman together with representatives of the prosecutor for human rights and the Association of University Students, in a public hearing renewed the request.
To the surprise of many people, on 3 March the Supreme Court announced its judgment in favor of the Ombudsman’s position. Basing its reasoning on Article Two of the American Convention on Human Rights, it said that the Ministry of the Interior must not “threaten the integrity” of the police archives. The Ministry of Culture, which is the home of the Archivo General, must develop a plan within four months to restore the archives staff to numbers sufficient to carry on the work, the Congress must work on a revised archives law, and the government should obtain advice from national and international archivists. As human rights activist Kate Doyle commented, it is a very good resolution, but “we have to remember that (1) The government still has the option to appeal and (2) There is a big difference in resolution and action (within the AHPN).” http://www.prensacomunitaria.org/archivo-historico-de-la-policia-nacional-hay-una-disputa-silenciosa-para-que-no-se-conozca-el-pasado/?fbclid=IwAR061EbU6sZwYGbhYZ3fjc9A8hay6Vvl7OcGptA_lS8wnkwUa9vLOeAa4So; https://www.prensacomunitaria.org/csj-ordena-al-ejecutivo-resguardar-y-garantizar-el-funcionamiento-del-archivo-historico-de-la-policia-nacional/?fbclid=IwAR3WqxpZ3T6CAxbyEyawWWtIvvO38wxaDjOhXZi-ZehX4KDBym8A58vuGnY
If you wonder, as I often do, whether all the writing and policy statements on archives and human rights make a difference, the decision will reassure you. On page 42, footnote 68, the Court cites the 16 June 2019 statement published by the International Council on Archives on the Guatemalan police archives; on page 49, footnote 78, the judges cite the Rule-of-Law Tools for Post-Conflict States: Archives published by the United Nations High Commissioner for Human Rights in 2015; and on page 51, footnote 79, the judges refer to “The Administration of Justice and the Human Rights of Detainees: Question of the impunity of perpetrators of human rights violations (civil and political)” known commonly as the Joinet-Orentlicher principles. So to all of us concerned with archives and human rights: Keep writing. And thanks to all the colleagues who sent information on the Court and the decision.