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history or the history of class, religion, anti-colonial or similar struggle) indicates
that the primary goal of research is to generate evidence supporting the dominant
narrative, rather than independent studies of history based on freedom of choice and
diverse methodological approaches.
44. As noted by the Committee on Economic, Social and Cultural Rights, the
enjoyment of academic freedom requires institutions of higher education to have
sufficient autonomy in terms of self-governance for effective decision-making in
relation to their academic work, standards, management and related activities. Selfgovernance, however, must be consistent with systems of public accountability,
especially in respect of State funding. Given the substantial public investment made
in higher education, an appropriate balance between institutional autonomy and
accountability is required. While there is no single model, institutional arrangements
should be fair, just and equitable and as transparent and participatory as possible
(see general comment No. 13, paras. 38-40).
B.
Access to archives and library funds
45. Research can be restrained by limiting the use of library funds and exchanges
with foreign libraries. Access to what are seen as “undesirable” documents can be
curtailed, either by open prohibition or if the document is in poor condition. In some
countries, library cooperation and publication exchange must be approved by library
officials, affording an opportunity to reject the procurement of particular books from
foreign libraries. In addition, the overpricing of books can render them inaccessible
to poorly paid researchers.
46. Limits on access to archival materials take various forms: complicated
procedures for granting special permissions, allowing for arbitrary refusal;
restricting the number of archive units that researchers can borrow daily; or
unjustified prohibitions on photocopying, scanning or photographing
documentation, or arbitrarily setting high prices for such services. Researchers may
also face discrimination in access based on their national or ethnic affiliation or be
told that controversial documents no longer exist.
47. Post-colonial societies face particular hurdles in researching their past when a
substantial part of, or all, archives are located in the former colonizing country,
impeding access to research materials and rendering research expensive, sometimes
prohibitively so. In some instances, controversial archives have been kept secret or
deliberately destroyed. 10 Access can be improved through digitalization and online
availability of archives, publishing the relevant volumes of primary sources and
creating a system of grants for researching archives located in the former “home
country”. Open-access policies in this area should be developed, while respecting
the right to privacy of persons by introducing an inaccessibility clause following the
rules established by archive specialists.
48. In paragraph 19 of its general comment No. 34, on article 19 of the
International Covenant on Civil and Political Rights, the Human Rights Committee
stated that, to give effect to the right of access to information, States should
proactively put in the public domain government information of public interest and
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See Eric Albert, “Justice pour les Mau-Mau”, Le Monde, 10 June 2013. Available from
www.lemonde.fr/a-la-une/article/2013/06/10/justice-pour-les-mau-mau_3427618_3208.html.
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