El Derecho a la Verdad y el Acceso a los Archivos: Logros y Retos

The right to know the truth on past gross human rights violations has been recognized as a non-derogable right of victims of such violations, their families, as well as of the society as a whole. Archives are a crucial element to enforce the right to know the truth and, as such, must be preserved from any removal, destruction, concealment or falsification. Further, it is essential that victims of gross human rights violations and their relatives are granted access to archives in order to claim their rights and, in cases of enforced disappearance of persons, to establish the fate and whereabouts of the victims. In countries that have experienced gross human rights violations, even though many years may have passed, access to archives remains extremely difficult also due to the adoption of laws that create obstacles to, or prohibit the access to archives; or due to the opposition by authorities of arguments such as national security or State secret in order to deny the access to archives. This contribution aims at providing an analysis of the existing international legal framework on the right to truth and access to archives. Moreover, the experiences of three Latin American countries (Brazil, Paraguay and Guatemala) where archives concerning past gross human rights violations have been recovered are hereby summarized. These instances allow for a reflection on the potential introduction of restrictions to the access to archives and the conditions that must be fulfilled. These examples serve also the purpose of highlighting relevant achievements and remaining challenges in the full guarantee of the right to truth.