Kigali, Arusha favoured for ICTR archives

RWANDA should be home to the International Criminal Tribunal for Rwanda Archives if the United Nations permits the retention of the archives in Africa. The argument was fronted by the majority of the participants in the just concluded consultative meeting on the ICTR archives that was held in Arusha over the weekend. During the two-day meeting organised by the East African Law Society, many participants disagreed with the suggestion that the archives remain housed in the current ICTR Headquarters in Arusha after the tribunal ends its mandate scheduled for 2010. The suggestion came up after archivists and curators from East Africa presented their case, seconding Arusha as the most suitable location to host the records and documentation accumulated by the ICTR from 1994 to 2010 when it is expected to wind up. The archivists from Uganda, Kenya, Tanzania, and Zanzibar had earlier presented a paper justifying the retention of the Repository in Arusha on reasons ranging from security to neutrality of the Tanzanian town. Though the original archives would remain in Arusha, Kigali would be given electronic and microfilm copies of the archives. “We chose Arusha for all reasons and purposes that the United Nations should make the archival institution close to the ‘Heart and Soul’ of the people of Rwanda as much as possible,” pronounced Kenyan chief archivist, J. Odhiambo Omollo. In response to the suggestion, the Dean, Faculty of Law, National University of Rwanda, Didas Kayihura challenged the argument of the archivists by asking them what Arusha has that Kigali does not. “It would make little sense if something that concerns Rwanda and is for Rwandans and was provided by Rwanda is kept outside Rwanda. The documentation centre should be put in Rwanda and Arusha retains the electronic and Microfilm copies if need be,” argued Kayihura. He further said that the ICTR role is doubted by many because it’s located outside Rwanda and that though its achievements need to be commended, taking the archives away from Rwanda to the Hague or New York would be an idea that Rwanda would not buy. Another member from Rwanda, Alice Buhinja, working with The Great Lakes Parliamentary Forum on Peace (AMANI Forum) questioned the suggestion of keeping the archives in Arusha because it is near to the ‘Heart and Soul’ of Rwandans instead of Kigali and wanted to know what role the archives would serve in Arusha. “If I was a student from Canada and I wanted to do research on Genocide, the first place I would think of is Rwanda and not Arusha where documents that can help me more in my research on Genocide are kept,” reasoned Buhinja. Turyahebwa Robert, the UNILAK Faculty of Law Dean who was one of the presenters challenged the ICTR to prove its case by handing over the archives to Rwanda for future use. He added that Rwanda has the capacity to keep the highly sensitive archives safe and secure and put them to use, than taking them to The Hague where they will be covered in dust. Meanwhile as the question of the permanent home for the archives remains a contentious issue, participants came up with recommendations to the United Nations which they handed to Judge Richard Goldstone to take to the United Nations. The two-page proposal is a request to the United Nations to retain the archives, records and related equipment on African soil when the tribunal closes in 2010. An agreement was reached that the United Nations remains the sole owner and responsible for the archives. “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.Custodian” the proposal reads in part . Among other things in the proposal is the assurance of confidentiality of some of the records especially of secret witnesses who may not be exposed to the public for fear of persecution and revenge from the accused parties. The security of the records and material will be placed under secure confines and will be kept in their original form unless there is a court order to unseal such materials. Also discussed were the accessibility, funding, infrastructure, technology and expertise required to keep the archives. “Taking cognizance of the resources necessary, there is need for the UN, and its African Member States, the East African Community, the African Union (AU), the International Conference on the Great Lakes Region (ICGLR) and the Private sector to pool resources together,” the proposal continued. Goldstone assured the participants that the case will be presented to the United Nations and their request will be considered. “You are presenting a strong case and its understandable that the UN will have to consider it for the sake of Africans and Rwandans especially who would love to use them in many aspects,” he remarked. In a related development the meeting was informed that the Government of Rwanda, the National Courts and the Kigali Bar Association have reached an agreement to unseal some of the evidence used in Genocide cases if need be. The evidence will be used in other cases as evidence, research and reference propose. Ends