19 minute read
D. Archives and the struggle for transitional justice in SA
Right2Know Campaign (R2K)
Right to Know was launched in August 2010 and has grown into a movement centred on freedom of expression and access to information with a vision that seeks a country and a world where we all have the right to know – that is to be free to access and share information. This right is fundamental to any democracy that is open, accountable, participatory and responsive.
R2K is a democratic, activist-driven campaign that strengthens and unites citizens to raise public awareness, mobilise communities, and undertake research and targeted advocacy that aims to ensure the free flow of information necessary to meet people’s social, economic, political and ecological needs.
R2K focuses on three key priorities: Stop Secrecy – aims to ensure security legislation and the conduct of security agencies, in particular, the policing of gatherings, is aligned to the South African Constitution and underlying values.
Information Access – aims to ensure that public and private sector information is easily accessible to citizens, and that people with information of wrongdoing and/or of the suppression of information in the public interest are free and encouraged to share information with the public.
Communication Rights – aims to ensure that South Africa enjoys a free and diverse range of public, private and non-profit media and affordable access to the open and secure internet and telecommunications.
Link: Right2Know
Who has access to information? D. Archives and the struggle for transitional justice in
South Africa
“Transitional justice” refers to measures taken to restore justice when a society moves from a repressive regime to a more humane, just system. People who have suffered need to know what happened and who was responsible. The archives play a critical role in this process. In 1996, after the election of South Africa’s first democratic government, South Africa established the Truth and Reconciliation Commission - TRC- to
“Establish as complete a picture as possible of activities during the years falling under its mandate and that it identify perpetrators of gross human rights violations”, as well as determine the “antecedent circumstances, factors and context of[gross human rights] violations as well as the causes, motives and perspectives of the persons responsible”.
After several years of investigations and hearings, the TRC reported to the nation on its findings. Its findings included recommendations about how the democratic government should handle the surviving archives of the apartheid regime, as well as the records of the TRC investigations. The TRC’s recommendations on the archives, like many TRC recommendations, were not implemented, or only partially and haphazardly implemented. Activist and civil society groups have waged a long campaign demanding that the records of apartheid era violations must be both preserved and open to the public, in line with the TRC recommendations.
32 CASE STUDY: TRC archives
What happened to the TRC archives and TRC recommendations?
The TRC made recommendations about how its work should be archived, and how the archives should preserve material from the apartheid era. 1. The TRC recommended the following for the TRC archives:
THE RECORDS OF THE COMMISSION’S PROCEEDINGS, THIS REPORT AND THE RECORDED AUDIO AND
VIDEO TAPES OF THE PUBLIC HEARINGS FORM A RICH CONTRIBUTION TO THE PUBLIC MEMORY, AND
SHOULD BE MADE AVAILABLE IN THE WIDEST POSSIBLE WAY. MUSEUMS WHICH CELEBRATE DIFFERENT
ASPECTS OF THE PAST SHOULD BE ESTABLISHED AND MAINTAINED. (TRC Report Vol 5 p. 308) The TRC noted that preserving and publicizing records would have immediate implication for prosecutions:
WHERE AMNESTY HAS NOT BEEN SOUGHT OR HAS BEEN DENIED, PROSECUTION SHOULD BE CONSIDERED
WHERE EVIDENCE EXISTS THAT AN INDIVIDUAL HAS COMMITTED A GROSS HUMAN RIGHTS VIOLATION.
IN THIS REGARD, THE COMMISSION WILL MAKE AVAILABLE TO THE APPROPRIATE AUTHORITIES
INFORMATION IN ITS POSSESSION CONCERNING SERIOUS ALLEGATIONS AGAINST INDIVIDUALS. (p. 309) The Commission recommended that:
ALL COMMISSION RECORDS BE TRANSFERRED TO THE NATIONAL ARCHIVES … ALL COMMISSION RECORDS
BE ACCESSIBLE TO THE PUBLIC, UNLESS COMPELLING REASONS EXIST FOR DENYING SUCH ACCESS,
BEARING IN MIND THAT THE INDIVIDUAL’S RIGHTS TO PRIVACY, CONFIDENTIALITY AND RELATED MATTERS
MUST BE RESPECTED.
VICTIMS HAVE THE RIGHT OF ACCESS TO THEIR OWN FILES, REGARDLESS OF WHETHER THESE ARE
PUBLICLY AVAILABLE OR NOT. VICTIMS SHOULD BE PROVIDED WITH A COPY OF THEIR FILE IF THEY SO
WISH. (p. 344)
• BECAUSE COMMISSION RECORDS ARE LESS THAN TWENTY YEARS OLD, ACCESS TO THESE RECORDS BE
DETERMINED BY THE NATIONAL ARCHIVIST IN TERMS OF SECTION 12(1) OF THE ARCHIVES ACT.
• IN THE CASE OF RECORD CATEGORIES IDENTIFIED AS REQUIRING PROTECTION, THE NATIONAL ARCHIVIST
REFER REQUESTS FOR ACCESS TO THE DEPARTMENT OF JUSTICE. IN THE CASE OF ALL OTHER RECORD
CATEGORIES, A POLICY OF UNRESTRICTED PUBLIC ACCESS SHOULD BE APPLIED.
• THE FOLLOWING INFORMATION, WHICH IS ALREADY IN THE PUBLIC DOMAIN, BE MADE AVAILABLE AS
SOON AS PRACTICALLY POSSIBLE TO THE PUBLIC: TRANSCRIPTS OF HEARINGS; REASONS FOR AMNESTY
DECISIONS; PUBLIC STATEMENTS ISSUED BY THE COMMISSION; ALL OTHER MATERIAL ALREADY AVAILABLE
TO THE PUBLIC ON THE COMMISSION’S INTERNET WEBSITE (www.truth.org.za).
• THE NATIONAL ARCHIVES TAKE OVER THE COMMISSION’S INTERNET WEBSITE, CONTINUE TO MAKE
EXISTING MATERIAL – INCLUDING THE REPORT OF THE COMMISSION – AVAILABLE TO THE PUBLIC, LOCALLY
AND INTERNATIONALLY, ON THE WEBSITE, AND EXPAND THE WEBSITE IN CREATIVE WAYS (TAKING INTO
ACCOUNT THE FACT THAT MANY COMMISSION RECORDS ARE STORED IN COMPUTER FILES). (p. 344-345)
2. What happened to the apartheid archives:
The apartheid government in its last years destroyed vast amounts of security and state records. Some historians have named this the “Paper Auschwitz”. In post-1994 South Africa, many of the apartheid era records in various Government departments still remain classified. Other states which have undergone drastic system changes, subsequently introduced laws which allowed for the opening of classified records generated by certain Government departments of the former regimes. This is not the case in South Africa. The TRC Commission noted that it “has had little success in its efforts to access the archives of the former South African Defence Force (SADF), despite the fact that significant holdings still remain in the custody of the SANDF. The limited access that the Commission did manage to obtain was controlled, selected and censored by the SANDF nodal point.” (p. 320) The TRC therefore recommended that:
CASE STUDY: TRC archives
A COMPREHENSIVE ANALYSIS BY INDEPENDENT RESEARCHERS BE UNDERTAKEN INTO BOTH THE SCOPE AND CONTENT OF THE REMAINING ARCHIVAL HOLDINGS OF THE FORMER SADF. ONCE SUCH AN ANALYSIS HAS BEEN COMPLETED, THAT THESE DOCUMENTS, PRESENTLY WITHIN THE ARCHIVES OF MILITARY INTELLIGENCE, BE SUBJECTED TO THE ARCHIVES ACT AND BE TRANSFERRED TO THE NATIONAL ARCHIVES. (p. 330) The Commission further recommended that:
THE MINISTRY OF SAFETY AND SECURITY TRANSFER ALL SURVIVING SECURITY
BRANCH RECORDS TO THE NATIONAL ARCHIVES. THE NATIONAL INTELLIGENCE
AGENCY AND SOUTH AFRICAN SECRET SERVICE TAKE APPROPRIATE STEPS TO
FINALISE THE SECURING OF ALL DOCUMENTATION PRE-DATING 1995 IN THEIR
CUSTODY, AND THAT SUCH DOCUMENTATION BE SUBJECTED TO APPRAISAL BY
THE NATIONAL ARCHIVES.
NO STATE RECORDS PERTAINING TO HUMAN RIGHTS ABUSES BE DESTROYED
WITHOUT THE EXPRESS APPROVAL OF THE NATIONAL ARCHIVIST, EVEN IF OTHER
DISPOSAL AUTHORITIES AUTHORISE SUCH ACTION.
THE SECURITY ESTABLISHMENT MAKE EVERY ATTEMPT TO LOCATE AND
RETRIEVE DOCUMENTS REMOVED WITHOUT AUTHORISATION BY OPERATIVES
OF APARTHEID SECURITY STRUCTURES. THE NATIONAL ARCHIVES BE ENABLED
Download the full TRC Report Vol 5 in PDF :
TO FILL THE GAPS IN OFFICIAL MEMORY, THROUGH THE COLLECTION OF NON-PUBLIC RECORDS AND THE PROMOTION OF ORAL HISTORY PROJECTS (IN TERMS OF SECTION 3(D) OF THE ARCHIVES ACT). THE NATIONAL ARCHIVES BE GIVEN THE NECESSARY RESOURCES TO TAKE TRANSFER OF, PROCESS PROFESSIONALLY AND MAKE AVAILABLE TO THE PUBLIC, THE RECORDS OF THE COMMISSION (WHICH IN THEMSELVES FILL MANY GAPS IN SOUTH AFRICA’S SOCIAL MEMORY). (p. 346) Destruction of Documents: Measures must be implemented to prevent the destruction of records which form part of our history, however unpleasant. Particularly cynical is the deliberate destruction of records which may incriminate individuals or groups in power. To prevent such destruction, appropriate legal powers must be given to the state’s public archives service. The Archives Act provides the necessary legislative framework, but requires rigorous implementation. (p.345)
3. What happened to the TRC’s Victims Database
The TRC recommended that the information gathered during its investigations and hearings should be made public, on an expanded website, in museums, and in accessible archives. This did not happen. During its investigations, the TRC had developed a database that recorded evidence submitted in its hearings; this database included details of the violations, victims, perpetrators, and witnesses. The information presented at the hearings was corroborated by researchers and investigators; data capturers analysed and entered hand-written documents into a database. When the TRC ended its work, the Department of Justice took over the database, to support the post-TRC processes, including the process of paying reparations, and prosecutions for perpetrators who did not receive amnesty.
Eventually, the database was archived; however, a different technology was used to transfer the database into the archives, and the resulting digital collection was unusable. After a number of years, civil society groups demanded that the TRC information should be placed in the public domain – as the TRC had recommended. Eventually, the South African History Archive (SAHA) made an application under PAIA to get access to the data. In 2016, after a decade of requests, two PAIA applications, and bringing a court case, the Department of Justice agreed in an out-of-court settlement to release the data. This was done after the DOJ redacted information such as ID and passport numbers and bank details. On obtaining the database, SAHA had to completely reconstruct the digital structure of the information, apparently as a result of a massive technical error that occurred when it was archived by the DOJ. SAHA employed IT technicians who first developed the database to do this. In June 2019, SAHA finally launched the TRC Victims database into the public domain. With the launch, SAHA director Dr Geraldine Frieslaar expressed the hope that this would ensure that “South Africans will wake from collective amnesia and that the database will be a living memorial for those who were casualties of apartheid”.
TRC archives CASE STUDY:
Is it time to free the apartheid archives?
Political events in recent years are increasingly characterised by a climate of secrecy and intrigue, particularly in government departments comprising the so-called security cluster. This trend not only impacts on responsible record keeping in the postapartheid state, but also continues inhibiting a critical engagement with records created by the former apartheid government.
Moreover, the National Archives and other government archives are lacking basic crucial skills and capacities to a) adhere to their record keeping and oversight functions; and b) to initiate processes of declassifying apartheid state records.
States which have recently undergone drastic system changes followed by transition, such as Germany and countries in South America, subsequently introduced legislation which allowed for the opening of classified records generated by the former regimes. This is not the case in South Africa, where many of the records of the apartheid state remain classified.
Excerpt from: Is it time to free the Apartheid Archives? Archives and Democracy colloquium, Wits 24 August 2017
WE DEMAND: DECLASSSIFY APARTHEID ARCHIVES NOW!
A. Feedback platforms by researchers using SA archives
Websites
“ArchivesMadeEasy”
website compiled by Jamie Miller (“An African Volk : the apartheid regime and its search for survival”), who worked extensively with Govt and University archives
http://archivesmadeeasy.pbworks.com/w/ page/3878946/Archives%20Made%20Easy%20 -%20Home%20Page
“Researching the global cold war in South Africa’s archives”,
by Robin Möser, who is writing his PhD on SA nuclear and cold war history
https://www.wilsoncenter.org/blog-post/ researching-the-global-cold-war-south-africasarchives
Research report by Sue Onslow http://archivesmadeeasy.pbworks.com/w/ file/24649493/onslow_south_african_archives. pdf
Paper Wars: Access to Information in South Africa
Edited by Kate Allan,
Wits University Press, 2009
SAHA's Freedom of Information co-ordinator from 2005 to 2007 and published by Wits University Press in 2009, Paper Wars reflects upon the work SAHA has done around testing the parameters of South Africa's freedom of information legislation, the Promotion of Access to Information Act (PAIA) and provides insight into some of the difficulties information activists and requesters have encountered as they have attempted to put South Africa's constitutional right of access to information into practice.
DOWNLOAD Paper Wars
Incorruptible: the story of the murders of Dulcie September, Anton Lubowski and Chris Hani
by Evelyn Groenink
Johannesburg, RSA; Jacana Media Pty, 2018
The Unspoken Alliance: Israel's Secret Relationship with Apartheid South Africa
by Sasha Polakow-Suransky
Johannesburg, RSA; Jacana Media Pty, 2010
Apartheid guns and money: A tale of profit
by Hennie van Vuuren.
Johannesburg, RSA; Jacana Media Pty, 2018
Refiguring the Archive
edited by Carolyn Hamilton, Verne Harris, Jane Taylor, Michele Pickover, Graeme Reid & Razia Saleh
Cape Town, RSA; New Africa Books (Pty) Ltd, David Phillip Publishers, 2002
International Council on Archives (ICA)
The International Council for Archives (ICA) is the professional body for archives worldwide and exists as a non-governmental, neutral international organisation, funded by its members. Their website has information on:
• What are archives, who is an archivist, what should one archive • The various expert groups, such as the ICA Africa Programme; the Human Rights Working Group; photographic and other special format archives; archives buildings and facilities; legal matters in archives and Training programmes • How to get support and advice from the ICA’s Professional Sections, some of them being on Sport, Faith
Traditions, Architectural Archives, Business Archives, and Literary and Artistic Archives
Link: ICA
Human Rights Working Group of the ICA (HRWG-ICA)
Link: HRWG
“The Human Rights Working Group disseminates information on the importance of archives to defend human rights and the use of archives in protesting the violations of human rights. It issues a monthly newsletter on archives and human rights, it develops projects to increase the co-operation between ICA and archival services and administrations in the field of human rights, and it supports better and wider use of the archives in the defense of human rights.”
In doing so the HRWG-ICA develops working instruments and documents particularly in support of human rights archives, some of which are scattered, are hidden and endangered.
• “Basic principles on the role of archivists and records managers in support of human rights” https://www.ica.org/en/basic-principles-role-archivists-and-records-managers-support-human-rights • “Guiding principles for Safe Havens for archives at risk” https://www.ica.org/en/guiding-principles-for-safe-havens-for-archives-at-risk
The ICA is supported by international organisations such as SwissPeace, who too have published documents and tools in order to guide archivist and civil society
• “Mapping archives for dealing with the past processes” https://www.swisspeace.ch/publications/essentials/ mapping-archives-for-dealing-with-the-past-processes • “Securing Police Archives. A Guide for practitioners” https://www.swisspeace.ch/publications/essentials/securingpolice-archives-a-guide-for-practitioners
This position paper is the outcome of a workshop in March 2018, which was aimed at understanding the role of archives in Transitional Justice, particularly in countries emerging from oppressive regimes.
Link: Atrocity’s Archives
The Declaration was adopted at the General Assembly of the International Council on Archives Oslo, September 2010, and endorsed by the 36th Session of the General Conference of UNESCO Paris, November 2011. It outlines the importance of archives for good governance, for documenting the past and as a source of heritage and memory.
DECLARATION ON ARCHIVES
Link: Universal Declaration on Archives
Archives record decisions, actions and memories. Archives are a unique and irreplaceable heritage passed from one generation to another. Archives are managed from creation to preserve their value and meaning. They are authoritative sources of information underpinning accountable and transparent administrative actions. They play an essential role in the development of societies by To this effect, we recognize ■ the unique quality of archives as authentic evidence of safeguarding and administrative, cultural and intellectual activities and as a contributing to individual and community memory. Open access to archives enriches our reflection of the evolution of societies; ■ the vital necessity of archives for supporting business efficiency, accountability and transparency, for protecting knowledge citizens rights, for establishing individual and collective of human society, promotes democracy, protects citizens’ rights and enhances thememory, for understanding the past, and for documenting the present to guide future actions; quality of life. ■ the diversity of archives in recording every area of human activity; ■ the multiplicity of formats in which archives are created including paper, electronic, audio visual and other types; ■ the role of archivists as trained professionals with initial and continuing education, serving their societies by supporting the creation of records and by selecting, maintaining and making these records available for use; ■ the collective responsibility of all – citizens, public administrators and decision-makers, owners or holders of public or private archives, and archivists and other information specialists – in the management of archives.
Archives record decisions, actions and memories. Archives are a unique and irreplaceable heritage passed from one generation to another. Archives are managed from creation to preserve their value and meaning. They are authoritative sources of information underpinning accountable and transparent administrative actions. They play an essential role in the development of societies by safeguarding and contributing to individual and community memory. Open access to archives enriches our knowledge of human society, promotes democracy, protects citizens’ rights and enhances the quality of life. We therefore undertake to work together
in order that
■ appropriate national archival policies and laws are adopted and enforced; ■ the management of archives is valued and carried out competently by all bodies, private or public, which create and use archives in the course of conducting their business; ■ adequate resources are allocated to support the proper management of archives, including the employment of trained professionals; ■ archives are managed and preserved in ways that ensure their authenticity, reliability, integrity and usability; ■ archives are made accessible to everyone, while respecting the pertinent laws and the rights of individuals, creators, owners and users; ■ archives are used to contribute to the promotion of responsible citizenship. Adopted at the General Assembly of the International Council on Archives Oslo, September 2010. Endorsed by 36th Session of the General Conference of UNESCO Paris, November 2011.
To this effect, we recognize
■ the unique quality of archives as authentic evidence of administrative, cultural and intellectual activities and as a reflection of the evolution of societies; ■ the vital necessity of archives for supporting business efficiency, accountability and transparency, for protecting citizens rights, for establishing individual and collective memory, for understanding the past, and for documenting the present to guide future actions; ■ the diversity of archives in recording every area of human activity; ■ the multiplicity of formats in which archives are created including paper, electronic, audio visual and other types; ■ the role of archivists as trained professionals with initial and continuing education, serving their societies by supporting the creation of records and by selecting, maintaining and making these records available for use; ■ the collective responsibility of all – citizens, public administrators and decision-makers, owners or holders of public or private archives, and archivists and other information specialists – in the management of archives. We therefore undertake to work together
in order that
■ appropriate national archival policies and laws are adopted and enforced; ■ the management of archives is valued and carried out competently by all bodies, private or public, which create and use archives in the course of conducting their business; ■ adequate resources are allocated to support the proper management of archives, including the employment of trained professionals; ■ archives are managed and preserved in ways that ensure their authenticity, reliability, integrity and usability; ■ archives are made accessible to everyone, while respecting the pertinent laws and the rights of individuals, creators, owners and users; ■ archives are used to contribute to the promotion of responsible citizenship.
Adopted at the General Assembly of the International Council on Archives Oslo, September 2010. Endorsed by 36th Session of the General Conference of UNESCO Paris, November 2011.
Wits History Workshop
Link: Wits History Workshop
It is 40 years since the History Workshop was founded by a handful of intellectuals committed to contributing to the breaking down of apartheid, in the wake of a powerful resurgence of student and worker militancy in the 1970s.
The History Workshop has since become an interdisciplinary research group of academics mainly drawn from within the social sciences at the University of the Witwatersrand. Since its inception in 1977, the History Workshop has been promoting research into the lives, experiences and social worlds of people and communities in South Africa that have by and large been neglected by scholars. A second guiding concern for the History Workshop has been the endeavour to collaborate with communities and to open these histories to other people including, significantly, those whose lives the research is about. Oral history methodology has been the backbone of the group’s activities and research projects over nearly four decades.
The group is involved in a range of heritage and public history projects (including published community histories, exhibitions and museums, and other major public history initiatives), and holds regular seminars, book launches, conferences, oral history training workshops and history training projects for school teachers.
Link: PARI
PARI – Public Affairs Research Institute
The Public Affairs Research Institute is a Johannesburg-based organisation that studies the effectiveness of state institutions in the delivery of services and infrastructure. We generate high quality research to better understand the drivers of institutional performance in the public sector, and improve implementation of policies in relevant fields.
PARI heads the Organisational and Institutional Studies Department at the University of the Witwatersrand, offering degree programmes in the study of the state and society.
Historical Papers Research Archive
The Historical Papers Research Archive was established at the University of the Witswatersrand (Wits) over fifty years ago. Today, Historical Papers provides an accessible centre for research for both the University and the broader community. Historical Papers archives the records of many South African human rights NGOs, trade unions, labour federations, political parties, women’s organisations, churches and church bodies, the papers of human rights activists, records of political trials, photographs, press clippings, oral interviews, and material collected by research institutions and individual researchers.
South African History Archives (SAHA)
The South African History Archive (SAHA) is an independent human rights archive founded y anti-apartheid activists in the 1980s linked to the United Democratic Front, the Congress of South African Trade Unions and the African National Congress. Today SAHA is politically non-aligned, committed to: • Recapturing lost and neglected histories; • Recording aspects of South African democracy in the making; • Bringing history out of the archives and into schools, universities and communities in new and innovative ways; • Extending freedom of information in South Africa; • Raise awareness of the role of archives and documentation in promoting and defending human rights.
This project is sponsored by the Rosa Luxemburg Stiftung with funds of the Federal Ministry for Economic Cooperation and Development of the Federal Republic of Germany. This publication or parts of it can be used by others for free as long as they provide a proper reference to the original publication.
Link: Wits Historical Papers Research Archive
Link: SAHA
Rosa Luxemburg Stiftung,
Johannesburg office
Design and graphics by Judy Seidman
