PGI-85/WS/9
Archival and records management legislation and regulations: a RAMP study with guidelines
..
General Information Programme and UNISIST United Nations Educational, Scientific and Cultural Organization
Paris, 1985
lginal
PGI-85/WS/9 Paris, 1985
English
ARCHIVAL AND RECORDS MANAGEMENT LEGISLATION AND REGULATIONS : A RAMP STUDY WITH GUIDELINES
prepared Eric
General
Information
by
Ketelaar
Programme
and UNISIST
United Nations Educational, Scientific and Cultural Organization
Recommended catalogue
entry
:
Ketelaar, Eric Archival and records management legislation and regulations : a RAMP Study with guidelines / prepared by Eric Ketelaar Information Programme and UNISIST. - Paris : /-for the7 General nnesco, i985. - 121 p.; 30 cm. - (PGI-85/WS/9). I
- Archival and records management a RAMP study with guidelines.
II
- Unesco
III
- Records
0
Unesco,
General
Information
and Archives
legislation
Programme
Management
and regulations
and UNISIST
Programme
(RAMP)
1985
--_-
-
_ I^-.--(-__x_--_
_--
-.-...-_-._
The Division of the General Information pl'ogramme of Unesco, in order to better meet the needs of Member States, particularly developing countries, in the specialized areaa of records management and archivea'adminiatration, has developed a coordinated long-term Records and Archives Management Programme RAMP. The basic elements of the RAMPprogramme reflect the overall themes of RAMPthus includes projects, studies, the General Information Programme itself. and other activities intended tot 1. Promote the formulation of information (national, regional and international). 2,, Promote and diaseminati information handUng. 5. Contribute
policies
and plans
methods, norma and standards for
to the development of information
infrastructures.
4. Contribute to the development of specialised information systems in the fields of education, culture and communication, and the natural and social sciencea. 5. Promote the training of information.
and education of specialists
in and users
The present study, prepared under contract with the International Counoil on Archives (ICA) is intended to assist information policy and planning speciaand lists; those involved in proposing, drafting and reviewing legislation administrative regulations; and especially archivists and records managers, in creating, developing, and evaluating modern archival and reccrds management systems and services, particularly 3n the publio administration. Baaed upon an analysis of current legislation and regulations in nearly 120 countries, the study concludes with a set of guidelines to assist in planning or reviewing the legal and administrative instruments that are essential for viable systems and service80 Commentsand suggestions regarding the study are welcomed, and should be addressed to the Division of the General Information Programme, UNESCO,7 place de Fontenoy, 75700 Paris. Other studies prepared under the RAMPprogramme may also be obtained at the same address.
---
-.--
.“.. --~
~_-.-
TABLE
OF CONTENTS
Preface.
0.
INTRODUCTION.
1.
JURISDICTION
2.
3.
4.
1 6
AND ORGANIZATION.
1.1
Definition
of
records
1.2
Definition
of
public
records
1.3
Inalienability
and
imprescribility
1.4
Legislation/regulations
1.5
Functions
1.6
National
1.7
Ministerial
1.8
Advisory
and
and
archives and
in
archives
of
of
public
archives
archives
16
archives
18
services
25 33
system
(Archives
public
non-public
37
responsibility body
13
archives
regarding
organization
6
general
39
Council)
RECORDS MANAGEMENT FUNCTIONS.
45
2.1
Records
management
45
2.2
Right
inspection
52
2.3
Records
2.4
Appraisal
ARCHIVAL
of
centres and
FUNCTIONS
56 destruction
58
AND ACTIVITIES.
64
3.0
Introduction
64
3.1
Transfer
64
3.2
Deposit
3.3
Preservation
3.4
Arrangement
3.5
Access
82
3.6
Reprography
90
3.7
Personnel
95
of
official
73
publications
75 and
78
description
99
ENFORCEMENT.
4.1
Wnal
99
provisions
..---
-
5.
GUIDELINES
FOR LEGISLATION
102
5.0
Introduction
5.1
Definition
of
records
5.2
Definition
of
public
records
5.3
Inalienability
and
imprescribility
5.4
Non-public
5.5
Functions
5.6
National
5.7
Ministerial
5.8
Advisory
5.9
Records management
109
5.10
Right
110
5.11
Records centres
of
and
archives
and
organization
archives
of
103
archives of
public
archives
Body (Archives
Council)
5.17 Access Reprography
archives
services
104
108
110 destruction
110 111
publications
111 111
Preservation
5.16 Arrangement
public
108
inspection
and
104
108
system
responsibility
5.14 Depositofofficial
5.18
103
general
104
5.13 Transfer 5.15
and
in
archives
5.12 Appraisal
6.
102
AND REGULATIONS.
and description
111 111 112
5.19 Personnel
112
5.20
112
Enforcement
BIBLIOGRAPHY
116
-l0.
INTRODUCTION.
1.
This
is intended
study
specialists;
vists
records
of
current
the
study
in
2.
systems
Unesco
the
concerned structures
Member
world. of
the
contains
In addition, of
countries
in
1982,
This
in
renewal movement Council
and
of
which
assist
in
planning
essential
parts
of
have
former adopted
the
growth
activities
in
of
play
towards
publication
S. Carbone and
archival
of
clearly
contribution
breadth
the
of
a leading
harmonizing
1972
of
archival
a Draft
the
the
legislation
past
decade
legislation.
towards
taking
part".
a
/'
archival model
place,
International
the
legislation law
on archives,
was too closely
.._____ ----I_
Archivum
movement
and
R.GuQze. This work however,
._--
of
volume appeared
awareness Unesco
under the
review
archival
new basic
of
attention./L
its
In
parts
of archival
a fifth
publication.
legis-
co-operation
deserves
of
in-
by Unesco
different
the
of
infra-
of
archival
on principles
world,
and
legislation./’
written
volumes
been
generally
of
in
publication
have
or organized
with
still
the
(ICA)
has
importance
1968
four
the
the
on Archives
was Unesco’s
120 countries,
management
archivology, in
to
in which the
A further
an analysis
development’
management
chapter
expresses
“eloquently
services,
legislation,
the
administrators
devoted
all
in
the
tropical
regulation
updating
countries
twenty
of
a valuable
1967-1971)
archival
records
and
and
of
ICA has
for
upon
on Archives
States
ICA and published
and
evalua-
and
instruments
also been sponsored
have
A manual
legislation
(those
to
records
and
on archives
seminars
Unesco,
by
to
among archivists
aegis
guidelines
Council
ICA to increaseawareness
the
4.
International
advice
lation
nearly
administrative
and
for archives
Regional and
of
and
systems
in
archi-
especially
Based
regulations
reviewing
and
developing,
management
a set
and planning
and services.
assistance
cluded
and
for a number of years with
Unesco’s
3.
legal
for viable and
with
the
regulations;
administration.
and
concludes
drafting
in creating,
public
the
policy
proposing,
records
and
legislation
or reviewing
in
managers,
modern archival
particularly
information
administrative
and
and
ting
involved
those
legislation
to assist
-.
--_-_..
----
-_
-2based of
5.
on Latin,
direct
especially
to countries
value
In 1972 Unesco a study
organized services
concerning
planning
guidelines
on the
in
contribution
his
basis
infrastructures line
a qeneral
of
Finally,the of
which
points
for
ted
by A.W.
and
the
the
drafting
chapters are based
tion
and mature
upon
the
deal
value
a leqislative
a checklist in legisla-
are elabora-
points
for
“Co-ordination
public of
broad
the
legislation
law on archives.
“Legislation
the
out-
archival
inclusion
These
with
.records
national
criteria
which
might
legislation.
for
archivist
any
professional
analysis
and administrator; of
archival
of
existing
legisla-
especially
needs,
current
of
volume
an analysis.
28 of
Like
considered
for
Guidelines,
in de-
inclusion
however,
under
Archivum of
specific
which
terms is
has the
records
studies
more
attention
management
for
to
are considered
should
specific
one be
RAMP legislative
express alternatives.
essential,
such
present
the
These
and they
certain
for
field
which
legislation.
an analysis The recently
essential. the
published
For a better
however,
on subjects
circumstances provisions
only.
widened
previous
in archival devote
to legislation,
synthesis
and guidelines
concerning
indicate
general legislation
several
a checklist
questions
refer
studies
and a more thorough
and comparison
published
indicated
and elsewhereGn
understanding
also
and
experience
above
Archivum
rences
national
countries.
veloping
offers
Planning
model
for
system.
archival
are of
they
in
which
included
NATIS /6 contains
of
which
B. Delmas
Establishinq
be considered
Archives”
of
be a component.
for
an outline
publication
to prepare
and archives;
criteria
two chapters,
in
services”,
of
with
archives
Mabbs
in
libraries
(1975)15,
should
should
d’olier-B.Delmas,
implementation
National
be applied
All
J.H.
/4
infrastructures,
recommendations
documentation,
a national
archive
7.
to
1977 Unesco for
These
these
together
framework tion
of
be
on planning
a proposal
regulation
and
policy
regulations,
and
6.
for
endorsed
to
experience.
Consultation
archival
of
legislation
a different
which
on legislation
Partly
with
an Expert
archives
national
archival
Italian,
prefeThey as con-
-3-
trasted upon
with
those
conditions
special
are only
that
and circumstances
attention
to
or optional,
desirable
a particular
in
country,
traditions
record-keeping
depending with
administrative
and
practices. 8.
The analysis
current
of
on texts
as published
Excluded
from these
texts,
services
and
archives
of
training
request
their
about
these
description
and
has
provided
W.I.
Smith,
France
M. Duchein,
Hungary
J. Molnar,
Romania
I.
Senegal
S. Mbaye,
Director,
National
Switzerland
0. Gauye,
Director,
Federal
the
have
also
Archives
in
for
se-
at the
author's
general,
Director,
Director
department,
Archives
National
Archives
National
general,
Bibliography,
Archives
National
Archivist
Dominion
Archives
law (Federal management
Royal
decree
on records
Rhode
Island
(US)
Archives
National
Archives Archives.
in
Archivum
the
following
and
the
documents
Ordinance
Archives
1964:
504 concerning
material Presidential
for Records
chapter Public
Record
Unesco
invited
Pusceddu
and
Republic
Germany);
of
(Netherlands);
1980
Records
Management
the
of
(draft);
Act
was also
of
published
the
rules
been consulted : Bill 1983 .(Australia)
Draft-Federal
F.
Chief
Inspector
legislation
on professional
:
Canada
Gal,
organization
detailed
Mendez,
to
mainly
of archives.
been
countries
of
and
L.R.
addition
based
of internal
Argentina
In
is
regulations
personnel,
subjects
from a selection
details
functioning,
of archives
publicatiorslisted
10.
however,are
arrangement
Information
regulations
and
in Archivum.
and status
lection,transfer,
9.
legislation
state Act
business of
1978,
use
writing
(Sweden); United
States,
44 USC,
22; Law 1972 (Cyprus)
‘M.Duchein (Italy)
circulated
..---
(France),
to comment by the
A.W.
on the
author
Mabbs
draft
among
of
a number
(U.K.) this of
and study. colleagues
The draft
to cheek
-4whether These
their
national
included
legislation
had been
correctly.
interpreted
:
Argentina
Garcia
C.A.
Director
Belsunce,
General,
National
Archives Canada
W.I.
Smith,
Czecho-Slovakia
V.Sykora,
Federal Republic of Germany
H.Booms,
Archivist
Dominion
Director,
Administration
President
of
Federal
the
Archives
of
Archives
German Democratic Republic
Hungary
R. Leipold,
Director
, State
J. Molnar,
Head of
Department
Ministry
Culture
of
Malaysia
Z. Hanum Nor,
Poland
M. Wojciechowski,
Senegal
S.Mbaye,
Sweden
N. Rosqvist,
United
States
Social
U.S.S.R.
F.I.
has benefitted
and
Records
Service
This
study
makes
of
appropriate all
i.e.,
with
regulatory
In this
study
encompassing
from the
and National
Central
Archival
Ministers.
of
comments
and suggestions
both
a federal
term formal
of
the
with
of
the
a state),
enforcement
the
by any administrative
legislation
is and
often
regulations.
used
a form
as
legislature
body).
be enacted 7 ./laws
in
of legislation
by the
executive
and
legislative
may be regarded
established
enactments
legislation
highest
structure,
Regulations
collaboration
powers
between
product
concerned
those
the
the
the
constitution.
Regulations,however,may with
Council
distinction
(or,in
measures
sensu,
(Parliament
is
a nation
to the
embracing strict0
following
the
Legislation
regulations. authority
Archives
Archives
Division),
General,
the
State
Chief(Judicial,Fiscal
Archives
Director
Archives
National
State
Civil
greatly
the
experts.
made by these
11.
Head,
Assistent
at
of
Archives
Branch, Dolgih,
Archives
General,
National
Section
Administration The author
General,
Director
Director,
Archives
for
Administration
and Education
Director
R.M.McReynolds,
Archival
in
authority a broad
sense,
-5-
When referring
12.
country in
to archival
which
has
paragraph
a quotation. English,
been
9, the
exact
Please
note
has
from the their
in
text
short
his
other
English,
own translation,
not
this
In
the
to
case
other If
the
the
of
than
into
the
text
author
of
from the
countries
study
according
English
in
mentioned
were translated
than
as published. name in
only
Archivum.
in
a particular
or been
in languages
texts
publication
‘a language
substituted
provided
or Spanish
Italian,
for
languages
is
legal
of
in Archivum
published
that
regulations
and
location
German,
published
study
either
been
French,
one of these
legislation
has this
original,
but
are indicated
international
with
standard
ISO-3166-1981.
FOOTNOTES TO THE INTRODUCTION. 1.
Two recent
examples:
(FMR/PGI/81/182) of
Cyprus:
C.V.
BLACK,
Paris
(Unesco,
development
of
gramme (FRM/PGI/81/166)
archival
Grenada; 1981);
F.B.
an archival
and
Paris
(Unesco,
development
EVANS,
records
1981)
The Republic manaqement
pro-
(PP/1981-1983/5/10.
l/03). 2.
BAUTIER,
Principles
for
citation).
full
3.
Foreword
4.
For a critical Jrurnalof pp.
of
to Archivum, the
654-659.
review Society
archival
5.
DELMAS,
Archives.
6.
Establishinq
7.
BAUTIER,
~01.28,
p.
of
publication,
this
model
law of
a leqislative
Principles
leqislation
of
(see bibliography
16.
of Archivists,
The draft
Algerian
archival
vol.
was copied
see
SC NEWTON,
4, nr.
8 (October
to a great
exent
in
1973) the
1977.
for
framework
archival
the
leqislation,
implementation p.
of’ NATIS.
33 .
-.. -...--1-
-----
-6-
13.
1. JURISDICTION
AND ORGANIZATION.
1.1
of
Definition
records
In a number of countries Records
archives.
may be defined
information
received
and maintained
or individual
in
transaction They
of
non-current tion,
in
records
In
like
Yugoslavia
and
archives.
and
archives It
should
14.
15.
term archives texts
“current”
(or
(or
that
in
of
of
definition
based
are laws which
definition
of
following
records/
origin.
types
of
or provenance;
on custody. do not
an enumeration
by purpose accepted
form or medium,
obligations
./3
of
contain
a definition
different
types
of
of documents
to be records/archives.
definitions
institution,
make
or “dynamic”)
and private
public
the
records
countries
these
the
Netherlands,
:
a general
of
succesarchival
both
archives
some legislation
(ii)
professionally
the
encompasses
“definitive”)
by purpose
Legal
Italy,
some of
one encounters
but
or by their
“administrative”
records/archives
selec-
value./’
Indonesia,
definition
considered
or person.
or by an appropriate
archival
a general
record/archives,
the
or without
with
creation
own use
records/archives
there
or in
obligation
an organisation
of
their
(i)
Furthermore,
organisation
institution,
preserved,
France,
legal
legislation of
created,
kind./1
for
their
of
“historical”
comprises
definitions
form or medium legal
records
their
the
Spain,
be noted
In current
any
the
Belgium,
between and
archives
for
However,
a distinction
of
its
permanently
because
countries
of
responsible
function
repository
of
as
by those
sors
and
as
pursuance
of
records
made between
by an agency,
business
may be defined
is
regardless
are a function
qeneral.
in
a distinction
recorded
Archives
archives
and
or in
the
“recorded
definition,
created
organisation
or provenance or received
or individual transaction
of
follow
information
and maintained in business
or less
more
pursuance of
any
the
regardless by an agency,
of
its
kind”./4
legal
-7-
This
definition
which
applies
follows to
public
closely
that
in
records
only
:
US federal
legislation,
“record” readable
includes all books, papers, maps, photographs, machine materials, or other documentary materials, regardless of physical form or characteristics, made or received by an agency of the United States Government under Federal law or in connection with the transaction of public business and preserved or appropriate for preservation by that agency or its legitimate successor as evidence of the organization, functions, policies, decisions operations or other activities of the , procedures, Government or because of the informational value of data in them. Comparable
Liberia, of
16.
are
definitions New Zealand,
Illinois,
Ohio
While
these
value
of
value.
the
found
in
the
legislation
Puerto
Philippines,
of
Rico,
Canada,
and
the
/5
Fiji,
US States
and Wisconsin.
stress
definitions
records,
other
According
to
both
the
narrow
definitions
the
evidential
this
law,
Yugoslavian
and
informational
to the
informational
archives
are
originals or reproductions (writings, drawings, material, photographs, films, phonograms and others), which are important for history and other scientific domains, for culture in general and for other social needs, and which have been created in the course of business of the former agencies and organizations of State.... P The Hungarian law considers as archives: all
documents,
printed
The documents which have a considerable the point of view of economy, society, defense, science, technology, culture This which
very
broad
archives
definition
is
are defined
as
everywritten musical or the
graphical The law
of
text,
notation,
activities process
historical politics,
value, from law, national
etc./7
interpreted
in
a governmental
order
series of numerical characters, chart, map, created by the functioning of an organization of a person, regardlgss of medium, form and of
these
documents./
provides
Czechoslovakia
that
archival documents shall include written, iconographic, other records which have been created through activities and other organs and organizations and through activities viduals and which, in view of their historical, political, or cultural importance , possess an enduring documentary 17.
Definitions
which
transaction
of
or informational lation,
which
include
business, value,
consider
in
the but are
nature
as public
records
are silent
which found
of
in
Malaysian
records
:
sollnd and of State of indieconomic value. /9
as the product about and
their
of
evidential
Singapore
legis-
the
‘.
- 8 -
papers,
documents, records, registers, printed materials, books, plans, drawings, photographs, microfilms, cinematograph and sound recordings of any kind whatsoever, officially received or produced by any public office for the conduct of its affairs or by any officer or employee of a public office in the course of his official duties. PO Following the same pattern is the definition in the French archival maps, films
law
: Records
are the whole of documents, regardless of date, form support, created or received by any physical or person and by every public or private agency or orin the course of their activities.,11
and physical juridical ganization
Comparable
is
the
definition
in
Archives
the
“archives” means any documents or a government office or an office conduct of affairs in that office or in terms of any other law not wise than in accordance with the and
the
definition
of
in the
records of a public and which
required provision
:
received or created in authority during the are from their nature to be dealt with otherof
Indonesian
this
Act...
legislation
/12
:
Very
documents made and received by State Institutes and Governmental bodies, in whatever form, single or grouped in the framework of the implementation of governmental actions. /13 is the definition in the Dutch Archives short, but acceptable,
Act:
“public
records
by their
which
Zaire’s
are documents
nature
comparable
should
tion
means
(a) (b)
All
the
the
records”
definitions
“in
the
execution
Victoria
the
bodies”./ of
(Australia)
definition
of
, is
documents.
records
which
17
given
to the provenance
point
from historical
/
in
by such
bodies 14 its
legisla-
any record made or received by a public officer in the course of his duties; and any record made or received by a court or person acting judicially in Victoria, but does not include a record which is beneficially owned by a person or body other than the Crown or a public office. P
a definition,
cripts
includes
or made by public
:
above
distinct
received
be preserved
definition
functions”./15”Public
18.
records
Act of Lesotho
does
combines by the
not
In
of
records,
however,
some legislation,
specify
records/archives Carbone-GuSze
this
essential with
draft
as
quality.
historical model
law
manus:
The national heritage of historical archives shall include the documentary sources of the legislative, judicial, and administrative organs of the State; of public offices other than those
Such
-9-
of the ments; deemed
vices 19.
State;
The legislation
“State
the
Archival
of private
bodies and individuals; notaries’ docuof whatever nature and provenance, sources, historical interest by the appropriate ser,18. administration.
and documentary to be of major of the archives
of
countries
socialist
Archival
is
According
Fund”.
based
upon
the
concept
to USSR legislation,
of
State
the
Fund
“isthe totality of documents owned by the State which have a socio-cultural or historical economical, scientific, political, value . . ..‘I 19 Fund of the USSR consists of The State ar L hival (a> the documents produced by the functioning of the bodies, existing or having existed on organizations, and enterprises, the national territory of the USSR.... institutions which are (b) the documents produced by . . . Soviet found or have been found abroad . . . which have become property of the Soviet (d) the priya te documents state 20.
... /
The definition
Botswana, is
of
Gambia,
based
public
records
Ghana,
Nigeria,
rather
on custody,
in
the
Sierra
than
legislation Leone,
of Zambia
on provenance
the
Bahamas,
and
Zimbabwe
:
“public records” or “records” means all public records, archives, documents and other historical matter of every kind, nature and description which are in the-custody of any Government department or which may after the recommencement of the Act, be transferred to or acquired by the Public Record Office. /21 21.
Records,
Public
Records
according
to the
First
Schedule
to
the
U.K.
Public
and
in parti-
are:
Act,
records
departmental
belonging
to
Her Majesty,...
cular (a> records
of, or held in, any department of Her Majesty’s in the United Kingdom, or commission or other body or establish(b) records of any office, ment, whatsoever under Her Majesty’s Government in the United Kingdom.,22
Government
The meaning
(‘records
in ment of
is
that
of’)
and must
drafting
to -or in
belong
to
the
custody
the
Crown.
has the effect
and many quasi-government
porate
body.
It
means
records
be public
of
that
documents
(‘held
The latter
excluding
agencies also
of
the
which
records
records have
created
overriding. of
the
be created
Her Majesty’s
by’)
is
must
public status
GovernThis
way
corporations of
by government
a cor-
depart-
___ ---___cI_)
_ -...
_
_.
- 10 -
ments
and which
public
facie
22.
Israeli
The
or a local
of
stray
considers
possession
authority,except
of
private
into
archival any
of
material
the
which
custody./23
material
to
be all
institutions has
prima
of
no source
documents
the
State, and
which are situated anywhere and which are relevant to the of the past, the people, the State or society or associated the memory or activities of persons of note.,24.
study with
documents
A third
kinds
they
remain
Government
value”,
those
23.
if
legislation the
Her Majesty’s
to
records
are in
“which
belong
niethod’of of
documents
Guatemala
applies
defining,
records
that
are considered
to
H documentos
/archives
is
to enumerate
to be records. historicos”,
which
different
The legislation
are
authoreligious or municipal 1. Those drawn up by civil, military, be it originals, copies, drafts or photocopies, whether rities, interest; signed or not which are of public registers or books comprising the activities of 2. seals, treatises, public offices having formed part of the state and being over 50 years old; 3. maps, topographical plans and geographical maps, nautical and of the territory of the complete or partial, aerial charts, Republic which are over 50 years old; publications, parchments, diplomas, treatises, private 4.periodical letters, autobiographies and correspondence that can elucidate national and Centralamerican history; drawings, paintings, codices, etches,, and printed 5. photographs matter connected with important historical events of the nation jtself or of Central America, that hold aspects peculiar to the isthmus or which describe Centralamerican personalities; 6. printed matter that is to be preserved for the essential knowhistory; ledge of Centralamerican 7. documents from foreign countries that have a bearing on the history of Central America. ,25
- 11 -
24.
The Federal
“all
the
This
artide
of
Archives
records
with
has
documents
Switzerland
of
permanent
value”
elaborated
been
are the of
central federal
the
regulations
in
repository
for
agencies.
through
an enumeration
:
- acts,
e.g.
treatises,
notarial
instruments, work”
“the proper writing - acts, consequently messages, minutes, advices, notes a.o.> visual material (maps, charts, sketches,
(correspondence,
and the films,
complementing photo’s, posters
etc.), recordings(gramophone records, phonotapes) and printed newspapers, periodicals, pamphlets etc.) matter (books, whereby are to be understood : - registers and card indexes, registry finding aids as filing plans, file inventories, sound
indexes,
other registers by registration,
Conclusion
25.
,In summary, widely, in
- encompass
which
of the
transaction
as products
include in
US and
to
An enumeration
obsolete of
when
different
could
quality
records
of
seem to
be
a definition
may, but
need
and
informat-ional
be valid
regardless
evidential
value,
theory. the
definition
technology
kinds
archives.
and
(provenance),
Such
should in
records/
records
essential
business
records/archives
to be records/archives legal
the
An enumeration
become
the
archival
Canadian
of
form or medium.
‘of
and private
between
science.
criterion
the
The definition
tends
of
created
in current legislation. vary are laws which - at least
public
include
in modern archival
acceptable
rooted
both
may distinguish
definitions
records
/26
of
Legislation
those
....
other
namely
indexes,
records/archives suppositions. There
definitions
definitions
archives.
not,
e.g.
depending.,upon
the
Only
and card
of
of
develops documents
illustrate,
not
forms
possible
27
new media./
are considered
that
but
of
replace,a
proper
definition.
FOOTNOTES TO CHAPTER 1.1
1.
International
2.
Based
3.
France
Glossary
upon
International
(Archivum,
Hungary the
vol.
28, pp.
of
the
Terminology, of Archival
199-100):
nr.
387 (1).
Terminology,
archives
nr.
courantes,
33 (1). archives
definitives.
provided
(information
Archives
Glossary
archives
intermediaires,
Archival
of
Ministry
by J. of
Molnar,
Culture
and
.----
Head of Education)
Department
for
: irratar
-._.__
- 12 -
(current
archives),
Indonesia
arsip
leveltar
(Archivum,
20,
vol.
(current
dinamis
(historical p.
archives).
171 and
operating
author's
archives),
experience)
arsip
statis
:
(static
archives). Archivum,
Yugoslavia: The Draft
Federal
distinguishes
vol.
19, p.
198.
Archives
Law of
the
Unterlagen
between
See further dottrina
: E.
40 (1980)
pp.
(records)
"Archivio"
LODOLINI,
e nelle
Federal
deqli
Archivi
International
5.
Archivum,
vol.
28,
6.
Archivum,
vol.
19, p.
200 (author's
translation).
7.
Archivum,
vol.
17, p.
224 (author's
translation).
8.
Archivum,
vol.
17, p.
227 (author's
translation).
9.
Archivum,
vol.
28, p.
113.
10.
Archivum,
vol.
20,
209 and p.
11.
Archivum,
vol.
28, p. 19l(author's
12.
Archivum,
vol.
20, p. 69.
13.
Archivum,
vol.
20, p. 171.
14.
Archivum,
vol.
19, p. 52 (author's
15.
Archivum,
vol.
28, p. 431 (author's
16.
Archivum,
vol.
28, p.
17.
In US and Canadian created
Glossary
received
Archival
of
p.
Terminology,
controverso di
Stato,
nr.
p.
227.
translation).
translation). translation).
53.
usage
term
the
from non-official
“manuscripts”
sources
Carbone-Gueze,
Draft
19.
Archivum,
vol.
28, p.
339 (author's
translation);'
20.
Archivum,
vol.
28, p.
341 (author's
translation).
21.
Archivum,
vol.
28, p.
58.
22.
Archivum,
vol.
17, pp.
23.
Information
model
provided
law,
is
also
used
p.
Mabbs,
records/archives
Keeper
of
125.
formerly
Kingdom).
Archivum,
vol.
20,
p.
25.
Archivum,
vol.
21,
pp.
26.
Archivum,
vol.
19,
p.
27.
EVANS,
184. 126-127.
151 (author's
paragraph
3.9.
translation)
for
or for
189-190.
by A.W.
24.
Cyprus,
vol.
387 (1).
by individuals.
(United
nella
423.
18.
Records
(archives).
9-45.
4.
documents
Germany
of
and Archivgut
: un concetto
Rassegna
leggi,
Republic
Public
- 13 1.2
26.
Definition
As has in
of
been
current
private
noted
above,some
legislationdo
records.
public
records
public
In
archives.
definitions
of
case a further
that
in
legislation
nition
of
public
records
Current
legislation
tends
But
between
elaboration
such
of
an elaboration
regulations
and
records/archives
make a distinction
may be necessary.
bodies
included
not
and
when
the
law
public the
and
scope
of
may also
be
contains
a defi-
only. to
define
records/archives
public
by refe-
rence (i)
to
have
been
(ii)
to
the In
the
origin
of
created
records/archives,for
the
or received
in,
(for
ownership/custody
property
of the
legislation
of
State
both
(a)
generally
defined,
(b)
generally
defined
definition
to
any
government)
or of
public
bodies
or without
with
with
public
office)
for
which
are
the
general
/‘. are either or
examples,
a provision
which
or
/l,
records/archives
example,
types,
specific
by,
records
example,
application
of
or
institutions,
cc> enumerated. 27.
In
the
legislation
are defined Fiji,
by reference
Hungary,
Philippines,
bodies,
the to
corporation
law
quote
Government
Malaysian
local
Archives
and governmental
bodies.
cates
institutes
that and
tution,
a general,
State that
e.g.
authority,
Cameroon,
and
to records
The official
are those
by “government
bodies”
of
department,
or any other
New Zealand,
Yugoslavia.
definition
or of any State...
Act applies
Canada,
Netherlands,
States,
broad
law,“any
of the Federation
The Indonesian
United
records/archives
public
Malaysia,
Sudan,
contains
agency,
origin,
Lesotho,
Rico,
the
countries
of
to their
Indonesia, Puerto
countries
a number
of
In
public
board,
commission, office
these
of
the
W /3 of State
explanation stipulated
of in
the the
institutes act 1945
indiConsti-
are meant
(a)
all Government apparatus, including business enterprises capital of which partially or wholly originates from the Government; and (b) Government bodies which are to be or have been merged at the time when this Act was proclaimed .,4 the
.~ -_I -_-
.-
--
- 14 -
A comparable the
U.K.
provision
regarding
legislation
and
in
dissolved
the
Dutch
institutions
Archives
is
given
in
Act:
Public
bodies shall include : staff, together with public services, and their repective staff; bodies dissolved before or after the (b) public of’this Act./5
(a) their institutions
28.
solution
The second
(definition
ownership/custodykan
29.
Egypt,
Gambia,
Leone,
Spain,
The status established
of
public
bodies public
In
Gazette,
declare
system
prevails
in
Kingdom
and
Victoria
The legislation
of
rates
the
type.
In
Act.
public
entry
and
into
force
by reference
legislation
of
Nigeria,
e.g.
to
Belgium,
Rhodesia,Sierra
Zambia.
is
and
the
for
the
may,
con-
term
“public
by notification
/6 A comparable
office”.
Israel,
Botswana,
a general
statutory
of
President
to be a public
with
Singapore
of
as the
may be
Legislation extension
legislation body
new bodies
uncertain.
provides
other
“any
the
Mauritius,
status
bodies.
includes
in
records
public
may change
bodies
the
in
30.
Kingdom,
public
to other
office”
Israel,
United
whose
definition
trol
be found Ghana,
of
of
enterprises
Malaysia,
New Zealand,
United
however,
enume-
(Australia). Panama
Chili,
thus
bodies,
Switzerland,
and
constituting
Kenya
and
Tanzania
this
is
In Greece
the
law also
enumerates
examples
done
of
the
in a schedule
the
public
third
to
the
archives
:
Archives
(a> the documents produced by the emperors of Byzantium . ..(f) the archives of cities and municipalities . . . (i) the archives of public establishments. /7
31.
Britain
32.
of specific
- “records
Table
which
Kenya
- “the
relating Conclusion
records
Sometimes
in
form part records
to individual
If
legislation
of
the
range
defines of
public
any of of
are excluded,
bodies
museum or gallery
its the
permanent Public
e.g.,
mentioned
trusts
or estates”
public
records/archives
bodies
falling
under
or the /9
the
said
Registrar-General
(See also only,
the
Great
/8 - and in
collections”
Trustee
in
in
paragraph an indication
law does not
seem
129)
- 15 -
necessary; otherwise vate
(except not
control
the
which
however,
bodies
the
law
it
and making
to new public
a definition
with
record/archives, to
of parastatal
status
Legislation
institutions
dissolved
define
defined).
and public
to make clear
to
bodies
needs
applies.
possible
bodies of
both
Provisions to extend
regarding statutory
FOOTNOTES TO CHAPTER 1.2 NATIS
2.
See also
chapter
3.
Archivum,
vol.
20, p.
109.
4.
Archivum,
vol.
20, p.
174.
5.
Archivum,
vol.
19,
52 (English
paragraph
Guideline,
1.1,
127.
paragraph
p.
75 (1971)
21.
Archievenblad,
vol.
6.
Archivum,
vol.
20, p. 227.
7.
Archivum,
vol.
17, p.
213 (author's
8.
Archivum,
vol.
17, p.
190.
9.
Archivum,
vol.
20,
67.
p.
translation
from Nederlands
p.2). translation)
-__-----
pri-
to be elaborated
may be useful.
1.
(if
.---
- 16 1.3 33.
Inalienability
Inalienability
may be defined
deriving
from their
legal
authority
of
Imprescribility
is
remain
Because
of
to recover 34.
legislation
archives
result
35.
The legislation
Republic,
to be a part ding
to
the
imprescribility
the
French
law
archives
are explicity
Bulgaria
and Hungary.
declare
The legislation and Denmark , give Malaysia
National
make an order
to deliver
tries
the
or dismissed fully
law
Indonesia
is
a person archives,
shall,
person
the to
the
and
and
proper
a certain official
who deliberately be sentenced
papers
the
of
is for
in of
this
confusion
some coundeceased
is /5.
seldom
their
In
possession
a maximum
may
re-
between
inevitable in
the
(Canada)
papers
is
in
public
but
than
by the
record
Finally,
illegally
to prison
other
writing
in
withholding
servants, amount
person
New Brunswick
to seize
and
any
or public
custodian. civil
In Fiji,
where any public
on demand
wrongfully
government
senior
of
of
France
Finland,
that,
archives
and Mauretania
replevin.
of
possession
of
inalienable.
Republic,
right
public
legislation
and
law prescribles the
AccorPublic
Coast
imprescrible
Dominican
in
that
because
can
the
archives
public
the
Ivory
of
person
the
correspondence
to
inalienable.
in
/4 The Supreme Court
ministers
belong
are imprescrible.
an explicit
“that
enables
implemented,
private public
record
them
public
of
declares
inalienable
the
the
requiring
cords
archives
Algeria,
Archives”.
replevin)/3.
of
German Democratic
the
therefore
and
to be both
deposit
Archivist,
2
/
right
the
inalienability
Zaire
and
The legislation
office,
are inalien-
(right
archives
public
domain
the state
or public
a government Chief
Turkey
and New-Zealand,
archive
astray
gone
Republic,
declared
of
has
or
/l
time.
of
state
and
that
public
archives
public
have
Dominican
public
the
the
removal
which
limitation
or the
patrimony.
Senegal,
of
archives,
public
archives,
the
of
Italy,
to law.
without
fact
of a state
contrary
which
or state
domain
sovereignty
ownership
archives
from the
archives
public
their
that
of
of
prevents
to replevin
qualities
public
In most public
the concept
subject these
of
archives.
which
body,
transfer
quality
to the
other
any
public
of
as the
relationship
or the
abandonment
able,
imprescribility
and
of
- 17 -
36.
of ten
years.
In the
Netherlands:
any person possessing public records shall transmit them to the responsible public body . . . within four weeks of receiving notification to do so by registered letter, as to enable the body concerned to make photographic reproductions of them; transmission shall be at the expense and risk of the public body. The public body shall return the records to the sender within a month of their receipt, even if it has a claim on them for other reasons.
In Victoria dation
(Australia)
of
the
Public
Records
to be a “prescribed record
public
private prescribed
at
any directions
that
Director
the
owner of
State;
37 -
record
it
in the
for
relation record
is
paid
legal
the ina.Iienabilit.yand in
reproduction
the of
archival
public
the
for
becomes
the
estate
of
legislation.
archives
the
have
by a
of to
gone
of
include
astray
Archival
Terminology,
nr.
233.
2.
International
Glossary
of
Archival
Terminology,
nr.
232.
3.
International
Glossary
of
Archival
Terminology,
nr.
409.
4.
Archivum,
5.
Duchein,
6.
Archivum,
Legislative
vol.
19, pp.
foundations, 52-53
p.
(author’s
and
39.
translation).
owner.
may be
of
pp.202
the
arrangement
Glossary
~01.21,
of
specific
International
210 and
of
archives,
public
1.
p.
death
in general
FOOTNOTES TO CHAPTER 1.3
20,
record
the
property
useful.
vol.
the He may
deceased
A special
which
owned
property
imprescribility spoken,
be a
Upon the
record
strictly
would
copying.
safekeeping
public
a record
to produce
necessary.
for
it
beneficially
the
system
seems to be superfluous,
provisions
to
that
Office
to
recommen-
the
may declare
may be required
PRO considers
a prescribed
where the
is
it
Record
Public
upon
satisfied
that
The owner
Council,
Council,
he is
fact
the
a compensation
In countries vides
of
if
the
or body.
be given
the
Conclusion
for
of
Advisory
record”
but
person
P Governor
the
209.
for
pro-
- 18 -
1.4 38.
Leqislation/requlaticnsregardinq
Private
records/archives agencies,
governmental
provenance.
papers,
family
etc.
socialist
In
limited
39.
of
These
(a)
current to
private
the
archives
private
non-
of nonpersonal
church
archives
archives,
is more
(in
public
compilation
archives
- the prohibition right
of
to all
which
have
state
been
control,
state
By
archives
as in
for
as-
:
private
of
private
of
or
classified.
may provide
to preferential
State
archives
regulations,
a register
of
they
protective
to
private
of
by
archives;
private
protective
These
or purchase
may be subject
(1)
of exportation the
persons
or purchased
as public
a registration
by the
private
to
deposit
same rules
either
of
records.
public
of
or deposited
hands)
interest.
progression
records
donation,
private
is meant
to
:
by the
to private
of
- the
include
archives,
private
encompass
after
applicable
classification
- the
and/or
they
applies
solely
extent
governed
only
cending
of
scope
may be donated
archives
being
the
also
agency;
regulations, (ii)
business
following
are usually (b)
countries
archives,
legislation
however,
archival
the
In most
countries
may,
and bodies
/l
of
elsewhere.
the
laws
and organizations
institutions
and estate
than
Most
as records/archives
may be defined
governmental
archives.
non-public
archives;
archives; purchase
of
private
archives; - the
measure - the 40.
to protect
right
of
effectively
put
protection
and control
the
Zaire
law of
as part who keep them
to
of
the
the
private
archival
National
to be of historical
private
of
rule
private
archives
as can
be applied
both
public
interest
to
take
any
archives.
that
archival
under
legislation
the
same degree
public
archives’:
and private
archives
to
Private
are more than
Archives.
authority
archives;
patrimony.
which
a general
prevailing
considers
archives
to have
expropriation
to the
As an exception “cannot
Archives
National
bodies
30 years
and
old
have
archives
If
the
private
they
can
be expropriated.
of
/’
individuals to declare are considered This
system
- 19 -
after
the
draft
resembles
the
Italian
is
modelled
in
turn
Romania
the
countries,
like
classification
41.
all
accept
bequests,
material of
‘to
private
als
and
the
Archives
papers
that
evidence
of
of
are appropriate
for
organization, /
determined
by special
private
in
Argentina,
lia),
and
New South
dom private
archives
countries
(e.g.
government
To avoid
any
Dutch
State
their
personnel
the
proper
of
preservation
document,.
is
or is
legisla-
government
offi-
a President
with
from private
by the Government , decisions
the
of
value
In
and
of
in
as
procedures
the
archives
most of
archivists private
of of
and
or legaother
Tasmania
and tax
the
(Austra-
United
King-
payments.
private
is
In
archives
some
to
taxable
income.
archivists
in
Graubtinden
(Switzer-
or trade
in
documents.
The
National
Archives
to buy Lebanese
duties
France
lieu
documents Donors
France,
a gift
of
interests,
and
commissions.
Republic,
to reduce
forbidden
archives
from death
may be accepted
to collect
functions
private
(Australia).
Wales
may be used
Archives
Director
federal
and”documents
valuation
the Dominican
are
of
polici
are exempted
Canada)
Greece
and
Among the
archives
conflict
land)
any
The
preservation
to
and other
Director
the
“papers
functions,
price
archives
taxes
of
States”
and
5
purchase
the
to
buy
the
or otherwise
to and contemporary United
transactions”.
of
relating
to
:
value”/4.
this
the
its
Bulgaria
limits
the
to the
documents
right
opinion
or historical
of
For example,
bequest
in the
which
States
President
archives.
donation,
Archives
of private
Zambia has the
of
material
other
public
the
part
below.
National
the
socialist
comparable
is
In
and privately
other
may become
which
48).
state In
which
diposits
and
both
described
authorizes
United
sources
the
archives
to be of enduring of
tors
by a procedure
Fonds
gifts,
or other
tion
and
43.
archives
private
by purchase,
or former
42.
Hungary,
National
likely
In
Yugoslavia.
legislation
acquire
book
to
and Gubze,
paragraph
(see
The same applies
supplementing
the
Carbone
comprises
of
Nearly
of
Fonds
Archival
National
law
legislation
Archival
National
archives.
owned
model
privately is archives,
without
the
permit
do not
permission.
responsibility or at least
to ensure those
- 20 -
considered
to be of prime
archives
of have
of
proper
take
value
Israel,
countries
(and
- but
Lebanon,
owners
care
Provision
provenance
research
in Brazil,
In other to
non-public
sufficient
exists
interest.
their
of
without
archives.
collections) for
consequences
Netherlands,
archives
register
a national
documentary
Mexico,
private
of
for
that the
United
are obliged
In Czechoslovakia,
owner
Kingdom.
by law
for
example,
The owner of any archival document which is not in socialist social ownership and is not deposited in Archives shall be obliged to take proper care of it and make it possible for an official of the Archives in the files of which the document is registered to verify such care on the spot. In order to prevent any jeopardy to the preservation of such an archival document, the owner shall be obliged to take all necessary measures, as recommended by the Archives concerned, to save it. If he fails to do so, he may be charged by decision of the Ministry of the Interior to hand the archival document over for custody, free of charge, for a necessary period of time, to the Archives that the Ministry designates at the same time. The owner of an archival document shall be obliged to notify to the Archives in which it is registered all relevant data, including a charge of ownership ,6. In
Portugal
a special
age,
economical
their notable
influence.
may not
be exported.
for
safekeeping
the
may require owned
of the State
of
donated
without
and
a great
private
archives.
legacy,
by donation,
before
the
docketed
with
be kept
by the
information
right
to
the
State
dispersing the
or another
sanction
legatees.
If
agreed
National
of
the
way,
these
prosecutor’s lack
suitable
owner
upon
by the
private
Finland
be destroyed
Archives.
material
acquired
or exportation they
In
may not
Fonds.
the
private
conditions
Archival
of
of
owner or the
to the documents
material
of the
material.
make copies
by will of
the
Israel
of
archival
or reproduction
interest
In Bulgaria
bodies
of destroying,
historical
prior
have the
owner of
the
a
they
Archivist
concerning
with
by
are responsible
The State
permission
accordance
inalienable;
concerned
Insbection with
and in
Archivist with
Archives
allowed
firms
information
by him.
copyright
are declared
which
have exercised
value
archives.
these
person
any
only
archives
archives
enterprises
of
political
The business
or possessed is
archives
interest,or These
of
archives
law protects
The National
or to buy the
by citizens
shall
or
by
be declared
In case of danger documents office conditions
can and
be
left
to
for
their
-
- 21 preservation, their
then
repositories
The Ministry
of
is
sultable
state,
their In
Peru any
has
45.
to
be consented
purchase
Republic,
private
of
controls
export
on the
New South
Wales
archives)
cultural exportation Archives. tograph
or copy
and
he can
in
Venezuela
documents
can
France their by the
and
registered
private
archives
historical
value of
personal
activity. archive
to preferenGerman Democratic
is
Archivist
or copied
can
Culture
is
by the
private
are of
be classified
proposal
the
archives
National
to
inspect,
pho-
export,
for
Archives
National but
the
Archives.
archives
that
have
measures.
interest
because
as “historical the
is
by the
archives,
of
for
verified
to protective public
to
destined
private
some
a licence
and
Italy.
concerning
private
archives
of
those
on the
restricted
authorized
Likewise,
are subject which
to
Chief
Singapore,
legislation
of
submitted
and
Malaysia,
In some countries
export
only
is
export
the
or imposes
Bahamas,
of
notify
Guatemala
prohibits
private
to
Comparable
France,
the
Bulgaria
register
prevent
countries
Minister
In
Rica,
exportation.
of
a number
classified
/7
may be bought
a con-
concern
which
material.
framework
general..
State
not
in
to a private
prohibition
the
prevent
not
are
they
archives
them
are required
archival
(in
in
to
keep
.his
a right
either
this
an inventory
Israelian
but
of
Costa
Tasmania
The
in
Archives.
has
archives
may be given.
provided
allowed,
sale
of
in
when
of private
to
in
ih Mauritius
sometimes
property
cases
Czechoslovakia,
many countries
and
be kept
Italy,Peru,Portugal,Senegal,USSR,Yugoslavia
in Argentina,
The legislation
public
State
France,
exist
in
bequest)
National
archives:
of any proposed
provisions
In
the
to
Republic
to archives
apply
(except
Sworn auctioneers
Archivist
47.
of
and
created
by the
to
Finland,
Zaire.
and
title
countries
of
not
he -has
of
archives
integrity
does
them
German Democratic
the
owner or possessor
their
or which
take
or expropriation.
private
every
this
transfer
In a number
tial
46.
but
posessor
of
safeguard
to preserve
compelled
shall
purchase
Interior
the
In Hungary
endangered.
bodies
their
until
measuresto
may take
archival
the
National
been In of
archives” Archives.
- 22 -
This the
classification owner is
indemnity. price
of
found
Dominican
the
legislation
Bavaria),
the
Netherlands,
Malawi.,
/8 every
In
Italy
is
obliged
to
and
the
provincial
the
documents
appeal
to
or archives
holder
these
of major
Minister
of
to be of major
classify,
documents;
a copy of
archival b)
c)
researchers
have
recognized
been
torate
of any
e) to refrain of
f)
to refrain
If
without
document
of
of
documents
obliged
:
archives
and
transmitted
documents,
to the is
unless
as being archival
of
forbidden;
the
documents
a secret
inspectorate to another
or permit
old
may declare possibility
be
Spain.
inspectorate
these
transfer
and
the
nature;
loss
place;
archival
inspec-
restoration; the
notice
ownership,
to the
archival
of
documents
the
tenure
or possession
inspectorate; without
authorization
inspectorate;
inspection
all
obligations
are
the
owner
to
fails
to
Hungary,
70 years
of the archives
the
or their
from exportation
archival
g) to permit
for
is
inspectorate
from transferring
documents,
by the
consult
deteriorated
to arrange
has
30 days to the
documents
the
inventory
and
inventory
by the
within
communicate
to repair
to
archival
The holder
Disarrangement
to permit to
the
inspectorate.
destruction d)
arrange
the Baden-
more than
interest
provisions
San Marino
interestcwith
who
Greece,
inspectorate
Interior).
the
(e.g.
Republic,
documents
The archival
as being
a) to preserve,
Germany
to the
archives
Botswana,
Romania,
documents
prefect.
declared
of
private
of
private
Comparable
Republic
Portugal,
National
of Culture,
exporter. Bulgaria,
an
or to buy them
of
Algeria
archives
given
the
Minister
German Democratic
Poland,
declare
the
federal
the
by the
his
is
archives
the
by the
of
archives,
Exportation
exporter.
to be authorized
Republic,
Wtirttemberg,
copy
fixed
The owner
the
henceforth
but
, or alienate
Archives.
to either
price
ownership,
change
to export
by the
at the
in
the
National
right
has
them
affect
to destroy,
the
fixed
classified
may buy
48.
allowed
have the
at the
not
When he intends
Archives
are
not
approval
without
not
does
by the
archival
inspectorate
to ensure
obligations,
the
fulfilled. comply
with
these
ultimate
that
or
- 23 -
may be mandatory
sanction
In this
Archives.
regulations
49.
In
Greece
private
Archives. after
months
In Bulgaria society
their
country
Expropriation
San Marino.
in
possibility
Conclusion
50.
a historical
can
reproduction be
private
the
the
illicit
of
Italy
the
or the
State
their
creators.
Zaire
and
cause
outside
private
of
of
archives open
documents
the which
of
that
____-._.
of
owned
of
at least to
to
public
1970
which A too
rigid
be encouraged
archival
control to
instructions.
suffice
archives..
It
sh o us1 d
in
accordance
make it
control
and even
with
possible
archives.
-
this
could
would
by
on those
concealment
legislation
National
UNESCO Convention
to
institution
privately
the
export
material
some control
impose
Owners should
archives. their
to
to country.
- may lead
archival
the
em’phasized
with
custody
The extent
from country
feasibility
or to donate
many cases
or within
law,
or taken of
of
archives,
interest.
vary
will
of
is
on private
general
from its
destruction deposit
legislation
authorities
be effected
- apart
In
current
are of main
which
to
death
public
three
value.
in
archival
the
laws
and the
may be confiscated.
value
the
the
archival
destroyed
being
The archival
Education
documents
neglect
for
Italian
made within
the
are of
of
of
not
of
after
expropriation
of
The tendency
which
for
as a sanction
is
the
be expropriated
can
the
and historical
Ministry
effect
are in danger
and which
State
expropriation./9
even
manuscripts
of
to the
archives
the
model.
acquisition,
private
to
who followed
propose
Italian
into
documents
Gueze,
declaration
this
entering
one month after
exists
the
the
law,
model
collections
If
the
of
and
have to be declared
National
have
draft
law follows all
documents
the
case Carbone
in their
The Algerian
transfer
_. --- . --
making
to
a
prevent
- 24 -
FOOTNOTES TO CHAPTER 1.4
1.
International
Glossary
of
Archival
Terminoloav,
nr.
2.
International
Glossary
of
Archival
Terminoloav,
nrs.
3.
NATIS
4.
Archivum,
vol.
20, p.
148.
5.
Archivum,
vol.
21, p.
87.
6.
Archivum,
vol.
28. p.
115.
7.
See B. Burham,
Guideline,
paragraph
leaislations
See also
the
the
illicit
import, adopted
8.
property9 Archivum,
9.
Carbone-GuEze,
vol.
of-cultural
(The
Convention
19, pp. Draft
and
General
by the
property.
International
on the
export
Council
means
of
transfer
Law,
p.
203.
of
of
Handbook
of
Museums,
1974).
and preventing
prohibiting
Conference
25-27.
Model
215,130.
158.
The protection
national
273.
ownership of
Unesco,
of
cultural 1970.
- 25 -
1.5
51.
and orqanization
Functions
service
or agency
may be defined
responsible
for
acquisition,
p reservation
the
/l
archives.
Within
archives
(see chapter
archives
and
tions.
It
detail
the
service
the
of
of
analysis
serve
or National
most
for
these
is
limited
archives
public
legislation
are sometimes
comprehensive
or other
delegate
his
functions
or of
the
Archives
are
archives frequently generally
the
the
functions
functions
language, of
functions
a decree
or in regulations
responsibilities
of and
authority National
formulated
Archives
National
the
executing
Archivist.
as functions
In of
of
1.71, most
the
Archives
National
responsibilities
(see chapter
may be
very
’ functions
who may
cases,
National
however,
Archives
comprehensive is
the
French
circumxription legislation
of which
the
National
states
that
The National Archives keep, appraise, arrange, describe communicate : a) the documents created by central institutions of the since the origins of the French Nation; b) the documents created by services, establishments and organizations whose competences extend or have extended whole French territory; c) all other documents which are assigned or transferred temporarily or definitively.,3 National Archives, The Graubtinden
the
Archivist.
National
of
to the
the
description
as functions
government
powers
these
An example
and
formulated
Minister
of
and
more detail functions
An analysis
in broad in
The
which
of
elaborated law.
the
Archives,
functions
A shorter
the
in
services.
government,
main
or are enumerated. in
analyse
of
understanding
in
institu-
archives
of
a national
assist
regional
services.
the
summarized
of
to
functions
archives.
may thus
study
categories the
public
archival
present
the
of
archives,
specialized
or Central
other
and communication
organization
to
archives
the
Archives
are either
all
or Federal
National
as a model
of other
for
scope
services.
as an institution
may be central
besides
functions
the
there
archives,
outside
the
administrative
the
1.6)
responsible
called
In
local
is
Therefore,
53.
archives
public
An archives
of
52.
of
(Switzerland)
law states
:
:
and State, public
over
the
to the
- 26 -
The State Archives serve the safeguarding, preservation and communication of the documentation to the history of Graubtinden as well as the records management of all essential records of the canton to safeguard its rights and interests.
/4
Other of
examples
the
54.
A
Archives
/’
Somewhat
Iceland.
statement
are given
in
more elaboraie
the
of
the
laws
are the
of
functions Gabon
laws
of
and
Czechoslovakia
/6
description
succinct
the
a comprehensive
National
Mauritius. and
of
of
USSR legislation The State constitution
mission
the
of
Archives
the
is
given
in
:
Service of the USSR is charged with the of fonds, the registration of the state, the preservation and the organization of the usage of the documents belonging to the State Archival Fonds of the USSR. ,7 This
is
Archives
elaborated
in
responsibilities Ministers. of
the
of /8
a very
General
the
Directorate
The Finnish
archival
Archives
as follows:
National
enumeration
detailed
of
at the
law of
functions
Council
and of
describesthe
1939
functions
They are responsible for the acquis,ition, preservation and their communication to the authoriarrangement of archives, researchers and other people who wish to consult the ties, archives and lastly to control and direct the archival activities in general./9 In
a decree
National different
55.
of
1952
Archives
each
Bahamas,
basic
missions
of
through
the
Finnish
enumerations
of the
'
of
Gambia,
same model.
the
tiave been elaborated
functions./"
The description
of
the
Ghana,
The Archivist
functions
of
Nigeria
and
of
the
the
National
Sierra
Bahamas,
Archives
Leone
for
are all
example,
of of
is
the the
:
responsible for the and rehabilitation, of records maintained
custody, preservation, arrangement, repair and for such duplication and reproduction at the Public Records Office as may be including the preparation and publinecessary or appropriate, cation of inventories, indexes, catalogues and other finding aids or guides facilitating the use of such records. 11 This
the
may very
Public
well
Record
be a summary of the Office
(United
assignment
Kingdom)
of the
who has :
/ Keeper
of
- 27 -
power to do all such things as appear to him necessary or expedient for maintaining the utility of the Public Record Office and may in particular : a) compile and make available indexes and guides to, and calendars and texts of, the records in the Public Record Office; b) prepare publications concerning the activities of and facilities provided by the Public Record Office; under which members of the public c) regulate the conditions may inspect public and other records or use the other facilities of the Public Record Office; for the making and authentication of copies of and d) provide extracts from records required as evidence in legal proceedings or for other purposes; e) accept responsibility for the safe keeping of records other than public records; f) make arrangements for the separate housing of films and other records which have to be kept under special conditions; g) lend records, in a case where the Lord Chancellor gives his approval, for display at commemorative exhibitions or for purposes; other special 12 h) acquire records and accept gifts and loans. / Provisions
56.
comparable
Kingdom)
are
found
Tanzania
and
Victoria
A very
is
detailed
Algerian
by Uruguay Dominican
and
Malawi,
Puerto
Rico,
To cite
the
of
Such
Singapore, Australian
of
in
but
the
the
Egypt,
of
draft
Kenya,
of
the of
(Switzerland), New Brunswick
Spain,
Sri
Lanka,
archives
bill
:
law
Archives (followed
functions
of
Argentina
the
Costa
Lebanon,
Switzerland,
in
(whichwas
Brasil, (Canada),
Malawi,
form./13
a National
model
Guatemala,Hungary,
Mexico,
(United
in a more elaborate
legislation
Base1
Office
Cyprus,
Botswana,
functions
their
in
Record
Public
enumerations
Australia, Malaysia,
the
legislation
Gueze
exist
Republic,
stein,
the
(Australia),
law). /14 /15),
for
those
enumeration
Archives
National
the
in
by Carbone
given
the
to
followed
Rica,
Liechten-
Portugal, and
Vietnam.
The functions of the Australian Archives are, subject to this Act a) to ensure the conservation and preservation of the existing and future archival resources of the Commonwealth; b) to encourage and foster the preservation of all other archival resources relating to Australia; c) to promote by providing advice and other assistance to Commonwealth institutions the keeping of Current Commonwealth records in an efficient and economical manner and in a manner that will facilitate their use as part of the archival resources d) e)
of
Commonwealth; the material that constitutes the archival resources of the Commonwealth; to have the custody and management of Commonwealth records
to ascertain
- 28 -
other
current Commonwealth are part of the archival
records, that resources of the Commonwealth; ought to be examined to ascertain whether they are part of those archival resources; or although they are not part of those resources are required to be permanently or temporarily preserved;
than
y;,
(iii) f)
to
seek
to
and to have the custody and management of, Commonwealth records) not in the custody of a Commonhealth institution, that forms part of the archival recources of the Commonwealth and, in the opinion of the DirectorGeneral, ought to be in the custody of the Archives; of the Minister, g) with the approval to accept and have the custody and management of material that, though not part of the archival resources of the Commonwealth, forms part of archival resources relating to Australia and, in the opinion of the Minister ought in order to ensure its to be in the custody of the Archives preservation or for any other reason; h) to encourage, publicise and sponsor the use of arfacilitate,
material
chi val
obtain,
(including
material;
to make Commonwealth records available for public access in accordance with this Act and to take part in arrangements for other access to Commonwealth records; k) to conduct research, and provide advice, in relation to the management and preservation of records and other archival material; 1) to develop and foster the co-ordination of activities relating to the preservation and use of the archival resources of the Commonwealth and other resources relating to Australia; and m) with the approval of the Minister, and in accordance with arrangements made with a person responsible for exempt material, to perform any of the foregoing functions in relation to that material as if that material formed part of the archival resources of the Commonwealth. j)
The Archives in
connection
ticular,without
may do all with
the
limiting
things
performance the
are necessary
that
of
generality
its
functions, of
the
or convenient and
foregoing,
in pari may:
a) establish and control repositories or other facilities to house or exhibit material of the Archives and in association with a State, the Northern Territory or other person control repositories or other facilities in which material of the Archives is housed or exhibited; b) undertake the survey, appraisal, aCCeSSiOning, arrangement, description and indexing of Commonwealth records; c)
make arrangements for the acquisition by the Commonwealth of, or of copyright in relation to,.or arrangements relating to the custody of, material that forms part of the archival resources of the Commonwealth; d) chronicle and record matters relating to the structure and functioning of Commonwealth institutions or other matters of archival significance and make records for the purpose of adding to the archival resources of the Commonwealth;
- 29 -
make copies, by microfilming or otherwise, of archival material but not so as to infringe copyright (other than copyright owned by the Commonwealth) subsisting in the material; f) arrange for the publication of material forming part of the archival resources of the Commonwealth or works based on such material, but not so as to infringe (other than copyright owned subsisting in the material or works; by the Commonwealth) g> publish indexes of, and other guides to, archival material; h) authorize the disposal or destruction of Commonwealth records; assist Commonwealth institutions in the training j> on request, of persons responsible for the keeping of current Commonwealth e)
records; train, or assist in the training of, persons, other responsible for the keeping of current Commonwealth for work in connection with records and other archival 1) obtain and maintain equipment for use in retrieving, information from records; and wise obtaining, m) provide information and facilities for persons using of the Archives. k)
57.
In many countries a seal
of
the
the
legislation
contains
Archives.
National
in
material
the
provision
a specific
For example,
persons records, material; or other-
than
for
Botswana
There shall be an official seal of the National Archives of a design approved by the Minister. 2) The seal of the National Archives shall be kept in the custody of the Director and may be used for the purposes of the National Archives and for the purposes of any place of deposit for which no separate seal is provided. may approve an official seal for the purposes of 3) The Minister any place of deposit and any such seal shall be kept in the custody of the custodian of the public archives in such place. Archives and any seal pro4) The official seal of the National vided under this Act for the purposes of any place of deposit shall be judicially noticed. ,16. 1)
Comparable
58.
Some of ment
provisions
the
actions
formal
Archives
Malawi,
Kenya,’
be taken
in
respect
Archives the
and public archives in 17 authority / . Legislation
or the Minister
such authority.
tries
to
in
departments
quire
of
exist
or the
In most
under
Administration, Minister
however,
legislation
(see chapter legislation
1.71, declares
Zambia.
either
Archives
Administration
this
of
the
the
govern-
may reNational
with
National
responsibility
political
authority.
the Minister
in
Archives
National
may vest
overall has
and
records
public
director
the
the
to
the
National
Tanzania
himself
In some counres-
formally
---c_-
.
.
----.--
--1_
- 30 -
ponsible
for
Archives
being
rity.
are:
United
Kingdom
Administrator
use
and withdrawal
regard
With
has
excluded
been
most
General
ministrae
with
Ireland,
records
organization
legislation
from publication
organization
the
is
than
in
of
the
of
United
him
autho-
Philippines, where
States,
for (that
the is:
custody, to
the
Archivum.
in
Japan,
Laos,
details
on the
structure
of
National
their
sections,
which
model,
functions
or should
could
are also
Regulations
a special
example,
linked
tc the
In most
Archives
National
clause
Current
be useful.
/19
a certain
amount
responsibility
it
place
mission
Algeria,
of give
like
the
some division
is no general
for
provisions
regarding,
publications
and
of
of the
Minister.
assigns
for
commission
functions
enumeration
the
assign
other,
provides
the
This
the seems
functions
of of
for
the
the
Archives
National
under
archival
main
To provide to
legislation independence
the
A detailed
possible
of
formally
regula-
in
Rwanda
there
Evidently,
interpretation.
making
and
most
etc.
authorities
a limitative
in
legislation
the
Archives,
a historical
fund,
the
and
subject
Furthermore for
an
be copied.
are stated.
responsibilities of
trust
laws
etc.
this
provided
Mexico
appropriate
the
Archives,
archival
the
services,
since
an agency is 18 However, /
law.
archives
difficult,
Colombia,
lation
to
National
Jamaica,
responsible
transferred
Chili,
neral
the
a delegated
the
is
Brasil,
risk
of
Japan,
strikingly,
Services
internal
existing
rather
into
61.
and,
of
to the
of
countries
Conclusion
director
Czechoslovakia,
of
analysis
tions
a manus
the
Archives).
National
60.
literally
the
records,
public
Examples
Sudan,
59.
keeping
functions,
runs
flexibility,a
ge-
new functions
Archives
National
overall
would with
constitutional
to be true to the
the
also
when
legis-
Minister.
FOOTNOTES TO CHAPTER 1.5 1.
International
Glossary
of
Archival
Terminology,
nr.
2.
International
Glossary
of
Archival
Terminology,
nrs.
3.
Archivum,
vol.
28, p.
201 (author's
translation).
33(Z). 68 and
311.
- 31 -
4.
Archivum,
vol.
28,
p.
358
(author’s
5.
Archivum,
vol.
20,
pp.
6.
Archivum,
vol.
28, p.340
8. Archivum,
vol.
28, pp.
347-352.
9. Archivum,
vol.
17, pp.
123 (author's
51 and
84.
(author's
10. Archivum,
vol.
17, pp.
132-134.
11. Archivum,
vol.
28. pp.
58-59.
12. Archivum,
vol.
17, p. 185.
13. See also
the
instructions
vol.
pp.
378-382.
14.
28,
Carbone-GuEze,
Draft
translation).
for model
translation). translation).
the
law,
Swedish
pp.
National
Archives:
and Archivum,
126-127
Archivum
~01.28,
pp.
33-35. 15. Archivum,
vol.
2866/1977
the
21, pp. missions
different
the
in
vol.
17.
NATIS
18.
The most recent
from 1911,
ternal
organization
Archive
General
and
Argentina
of
by L. Rosaria
practically
fallen
is
regulated
by simple
The archives
Archives
des
a jour
comment&e
liuith
letters
q&-&al
de la
are
Mendez,
Nation,
Archives
1964,
decrets,
concernant
les
Serwices
Direction
(Information
des
provided
de France,
Paris).
--_.
-^_-_-
“notes
service"
of
French
the
The in-
departements
from 192lupdated
Director
General.
1964 (Paris
issued regularly
See :
edition
annotee
, Direction
des
51 p.);
arrctes, reqlements des archives departementales de France, arrgtes,
in
of France,
abeyance.
departementales,
.janvier
decrets, Archives
Archives into
regulations
from the
au ler
de France,
service
National
the
have
General.
circular
Reqlement
(Paris,
directorate
Archives
National
provided
for
are provided
and with
Lois,
general
the
151.
regulations
dating
Lois,
the
Difusion,
paragraph
Guideline,
(provinces)
-_-
of
of
decree
28, p. 76.
by the Director
___-.-.---.
functions
In a presidential
Aires).
16. Archivum,
des
and 170-171.
(information
detail
de1 Departemento
Buenos
et
and
departments
enumerated Jefe
17-19
et instructions concernant (Paris - Melun,-Direction
1931, 293 p.); ordonnances, circulaires departementaux Archives
d'archives,
de France,
by M. Duchein,Inspecteur
1958,
le
et instructions 1930-1957 366 p.) general
des
Archives
- 32 -
19.
The Draft that
the
other if
Archives Federal
federal
they
research Prasident
law of the Government
functiorsthen
are consistent
with
in German history des Bundesarchivs,
Federal
may assign those the
Republic
to the
specified federal
(information Koblenz).
of
Germany states
Federal
Archives
in the archives
archival provided
system
law,
or with
by H. Booms,
- 33 -
1.6
archives
National
The analysis
1.5)
of
centered
function
around
the
Natronal
Archives,
public
archives
of
a Parliament
commerce,
trade
academies
of
families,
etc).
form, visual
archives.
for
tation
In
of
levels
exist tutions.
for
This
(i>
of
the
archives
chambers
of
of
parties,
may be restricted
to
or common physical archives,
economic
audio-
archives,
machine-readable
which
these
all
types
co-ordination,
the
planning
archives
system
regional
as special
and
of
or implemen-
may be an
or provincial
archives,
all
and municipal
subordinate
to
non-
archives
public
independent.
archieving
called
for
to
institutions,
effective
national
national,
the
supreme
for
may
policy.
authority:In
are usually a body
calls responsible
as well
countries,
in
the
or by a number
political
art,
system,
archival
archival
systems)maybe consist
archives
there
(e.g.,
content
or sound
of
Ministry),
institution subject
to
instance,
ecclesiastic
picture exist,
(for
universities, of
addition
also
may be restricted
institutions
motion
countries
centralized
agency
firms,
basis
In
of government, These
and
archives
a supreme
etc.
literature
hierarchy
or local
municipal,
of
a national
integrated
subordinate
archival
an authority
centralized
at the
hospitals,
A national
at least
exist
or Defence
business
on the
institutions
services
institutions.
A special
archival
from the
or private
sciences,
archives,
apart
to levels
linked
unions,
archives
like
which,
But in
by one government
acquired
holdings
should
system,
provincial,
public
of
legislation
Archives.
or of a Foreign
types
(see chapter
archives
archival
special
services
National
services
archives
public
a national
transferred
similar
of
public
of government, exist
the
for
need
levels
holdings
63.
the
consider
also
system.
However,
co-ordination
authority the
National
within
the
(in
services in
such
between
centralized Archives
at the countries the
different there
archival
may insti-
and non-centralized
Administration.
This
may
:
a directorate
____-...._
National
.- .--
Archives,
under
the
control
_-..
-
- 34 -
of
the
a division
(ii)
the (iii)
64.
National
capable
exercising
of
countries
of
Italy,
Republic
Spain
the
United
In
with
features
of
system,
like
Belgium,
France,
more
rooted
in
useful
tures
for
Regarding
to
the
Delmas’
of
Ministry
the
like. Bulgaria, Spain
Italy.
In
within
a division
Archives tion,
to in
management
which of
the
but the
like which
situation
the
proper
situ-
systems-
each - would
infrastruc-
second
countries
Republic,
Netherlands,
the
formally
relies
upon
for
but
also
there
is
responsible
resembles and
and the
socialist
of
is
type
records
public
are responsible
Archives
this
/l
legislation
which
Archives
National
of
German Democratic
Ministry
that
National
the
the
countries,
policy,
a degree
such
in
archives
national
archives!’
for
example
country
to”Planning
the
the
archival
forthenational
a particular
view
archives
Administration,
be found
other
In
of
responsible
Czechoslovakia,
and
indeed
can
for
a decentralized
these
and
Archives
and
exists
Federal
are national
of
contribution
libraries.
National
Archives)
National
system
system
(Brazil,
Netherlands.
the
countries
also
archives
there
addition,
an analysis
documentation,
(a division
in
than
but
States),but
a centralized
both
administrative
the
be reference
65.
Kingdom.
where a high
constitution United
body
German Democratic
countries,
a federal
systems
ation,
and
powers.
the
A non-centralized
Switzerland,
suitable
government,
socialist
with
or other
are Finland,
exists
and Sweden.
Germany,
of
in
a centralized
with
in countries
only
records
public
and advisory
executive
USSR and other
the
board
commission,
centralization
of
for
responsible
Archives; agency,
Republic,
also
Ministry
the
a separate
degree
not
of
National
Examples
like
Archives;
National
the
first
the
both the
for
opthe
archives
national
system.
66.
The organization
of
the
Archives)
in
most
and
with of
in
exists developed
the
countries
establishment
a national’archives
first
of
type
( a directorate
countries, the
evidently
building
National
administration.
of
Archives
within.
because
in
than
National
most
network
an archival
rather
the
with
developing
started development
- 35 -
67.
A separate
agency
archives ted
68.
In countries
Gueze.
it
it
. ..’
regulating
has
into
to
take
autonomy
every
structure
outside
as national
USSR.
impossible
It
is
advoca-
Advisory
/3 Such an Advisory
to provide
some measure
achieve
constituted
account
establishment
Council,
is
Council
cenof
with
treated
no
below
records
centre
in
records
management
the
system
a national
archives
the
Philippines
system
the
in
State,
Peru
archives
and
levels
some form which
will
of
system
/4
and
j5
should
of
the two
RAMP
archives
archives
assist
of their
system
for
regional
by
Archives
a National
a national
infra-
be ignored
The results
a model
of
government.
archival
of
be a prerequisite
system.
degree
the of
cannot
development
establishment
the
a national
developing
of
exist
management
for
archives
national
government,
In many cases
projects
a
at subordinate
will
there
the central
of
of
structure
the
country
a records
of
network
by authorities
new legislation.
pilot
in the
exists
be possible”to
the
enjoyed
In nearly
and
powers
1.8.)
Legislation of
iii)
is constitutionally
should
powers
advisory
and
/2
by a suitable
executive
69.
and
direction,
(chapter
(type
where
co-ordination
Conclusion
executive
administration
by Carbone
tral
with
other
and
and
countries
in
own.
FOOTNOTES TO CHAPTER 1.6
1.
249-253
Delmas,
Archives,
pp.
system)
and pp.
268-302
and procedures
plan
2.
Carbone
3.
NATIS
Guideline,
4.
Ricks,
Artel.
the
of
Paris, Artel.
Ricks,
a Reqional
82/161)
(Machinery its
and GuEze,Draft
establishment
81/158)
for
Paris,
model
Republic
of
for
law,
of
the
archives
national
formulating
a national
archives
pp.
24,
27.
161. the
Philippines:
a reqional
Unesco,
structure
implementation).
paragraph of
(The
1981.
archives
pro.ject
and-records
centre
for (FMR/PGI/
49 p. RAMP Pilot
Philippines:
RAMP pilot
Archives
and
Records
Unesco,
1982’.
24 p.
Pro.ject
Centre
for (Report
the
Establisment
no.2)
(FMR/PGI/
- 36 -
5.
Cortk,
Alonso,
Perti:
Vicenta.
RAMP Proyecto
de Documentos:
1981 24 p. available
-
-.-
also
-.
-.,
._l
in
,.“._“__-._1---_
Sistema Pilot0 English.
National
(FMR/PGI/81/197)
de Archives
Paris,
y Gestik Unesco,
- 37 -
1.7 Ministerial_ 70.
responsibility.
The archives
(National
under
placed
countries
a Minister.
responsibility authority
mental
In
President,
Cameroon,
attached
to
Ministers, in
the
Tanzania
to of
the
nistration,
United
headed
Minister
of
Federal
Czechoslovakia,
Democratic land),
is
Romania
under
the
Minister in
Justice.
Denmark,
Hesse,
Uruguay
Togo, in
African
:lusion
72.
This
summary
records
chapter
of
the
archival
point
of
~___
which
the
of
General
for
Services
Services.
archives
Culture
of
Federal
(Canada),
of
Hungary,
Greece,
and
Iceland,
Minister
who has
Public
Senegal,
the
Record
Office
Peru.under
responsible
the
official
Germany (e.g. Iraq,
Italy,
Zaire.
In
Guatemala,
Belgium Poland,
‘Education
archives.
the
German (SNitzer-
Geneva
and
the
Spain,
The
Archives), the
Republic
France,
for
is
Admi-
in Argentina,
Rica,
Kingdom,
and
The National
General
Costa
of
archives
In
the
Central
are attached
to
Government. that
management
2.11,
and
clear
makes
a professional in
Mexico,
of
are
Office,
Brazil,Cyprus,Jamaica
responsible
of the
placement
the
Minister,
Council
Vice-President.
United
-Pfalz), Quebec
is
Republic,
tional
of the
Vietnam,
and
Secretariat
the
the
(Switzerland),
portfolio,
his
In
Rhineland
Graubtinden
Minister's
Republic,
The Minister
Portugal,
Prime
the
Germany (Federal
of
in
most states
Netherlands, Chili,
Soudan.
from country
Archives
USSR to
second
Republic
Lord,Ghancellor,
of
Bavaria,
and
archi-
the
or another
the
and
responsible
Dominican
Republic,
differs
National
form part
is
general
the
>. The govern-
the
Administrator
by the
in most
52
Interior,
the
to the
the
States
Interior
the
Laos
and Japan of
authority, with
are placed
Rwanda,
in
Office
are usually
of Ministers.
and
Presidency,
the
paragraph of
Council
Lebanon
Israel
in
Archives
or the
Gabon,
1.5,
Minister
may be the
government
system)
law and to supervise
archives
which
archives
may be vested
archival
the
chapter
under
it
to country; or the
Minister
This
(see also
a supreme
of
to execute
ves services
71.
authority
the
or National
Archives
view,
activities might
.._ __.-.__.__^
for
no solution
is
function an archives of
all
problem
universally
service government
be more effectively
^.--
the
should
of
From
accepted. be involved
departments
performed
organiza-
with
(see
- 38 -
the
support
of an official
supra-ministerial stances the
authority.
may call
Archives
with
for
should
who can be approached
another be under
directly
a degree
inter-ministerial
of
or
However , personal
and political
circum-
solution.
consideration
is
the
A basic
jurisdiction
by the
head
of of
the
an influential National
that
Minister, Archives.
- 39 -
1.8 Advisory In
legislation
the
Archives
of
Council
Minister, of
may be divided
and
literature
administration”
archival
to advise
forin
legislation
Malaysia, of the
Mexico,
National
the
National
National
Archives.
National
Archives the
inspect
75.
In
the
is case In
with
other
reports
Archives),
cases,
to the
San Marino
the
and
cases
consult
Junta
responsible
and in Greece,
of
Lesotho,
the
is
provided
some supervision director
of
on certain the
Spanish
supervising
minister,
(where
Venezuela
Archives
Guatemala,
council
a council
archival
policy.
Archives
de gobierno
however,
entire the
archival
where the
the
in
of the
a superior
exercise
de-
Council
controls
Canada,
Nati-
in
Country's
the
National
those
the
function
organ
for
Algeria,
of
Archives
really
may also
to
the
of
Councils
are advocated
and planning
It
obliged
these
functioning
/2 calls
example,
in
director
principal
a Council
of
e.g.
the
The national
law
Singapore.
or (b)
as in Councils
the
Graubtinden have
Saskatchewan
to
(Canada)
Sudan.
The Advisory both
for
competent
advisory
mainspring
“the
the
Councils
1s V the
director of,
the
(Switzerland),
/
model
Archives,
as is
of
determining
the
Archives
a broader
an
(a)
functions, the
1 .
Such
for
and
matters,
and
and
The Delmas
A council
their
legislation.
and GuEze
responsible
President,
types
for
provision
either
control
have
Both
activity".
administration.
the
which
is
advise
to
which
on archival
archives
to
According
policy.
by Carbone
there
or the
State,
those
proposed
Council,
body,
councils
archival
general
74.
of
into
Archives
the
countries
most
Archives.
National
termining
Council).
or similar
Secretary
the
onal
(Archives
Body
the
the
Minister
United
Lord
proposed
Council and
Kingdom
for
the
Australian
archives
the
director-general
of
the
Advisory
on Public
Council
the
is
Australian Records
to advise Archives. advised
Chancellor
on matters concerning public records in general and, in on those aspects of the work of the Public Record Office affect members of the public who make use of the facilities vided by the Public Record Office. 3 /
particular which pro-
- 40 -
A comparable
76.
Scotland,
Sri
Lanka,
and
Tanzania.
Sometimes
the
Council
of
Archives
as in
Iraq,
Archives
state
superior
the
to
questions
and
leave
The Vietnamese
and
budget
of
to approve
on the
and
study
to
for
and other
legislation
technical
directorate only
the
making
cription
of
of
y Archives
the
etc.
has the
is
in
planning,
appoint-
study
report
the of
his
work programme
use
Council
and
has
archives,
of
to
Archives,
on the
The Council In
Yugoslavian
Panama
for
Czechoslovakian,
a council At
also
of elaborating
that
the
Polish
general
which
Council
not
rules
the
country,
for
arrangement
Junta
advises
on the
within the
Dutch
advises
may advise
the
and program-
norms and standards,
of
an Archives but
legislation
planning
the
for
documents
programme
task
the
to archives.
there
activities.
to
Archives
Belgian,
programme,
the
archives,
and
is provision
archival
of
inventories, of
In
Archives
presented
to
the
development
relating
archival
the
distribution
and promotion tacion
State
of
develops
the
questions
cate-
on important
functioning
development
have a r6le
there
this
Archives.
the
matters.
technical
on the
governing
and the
activities,
into
supposed
regarding
Vietnamese,
which
councils
and French on all
of
Senegalese,
of archival
ming
for
reports
the
The National
decide
The Yugoslavia
work programme
The Algerian, provide
and Libraries
regulation
Carolina
personnel. is
make suggestions
general
to
itself,
body,
regulations,
executive
directorate.
the
any
advise
to
North
proposals
d’administration
Archives
of
has
work or service for
service
and GuQze /4falls
It
Bahamas,
Lucerne).
of
appropriation
absence
the
is a decision-making
Archivist.
Conseil
directorate, the
of
director
the
for
in
archival
the
(canton
Board
National
rules
Parliament,
of
Archival
Councils
(Maryland,
States
by Carbone
organization,
of
the
directs
United
proposed
Council
to
Switzerland
and
The Swedish
ments,
the
Libanon,
and Wisconsin)
77.
is assigned
function
on the
and des-
training
National
general
rules
de Documen-
- 41 -
for
keeping,
archives.
The Archives
such as Brazil,
78.
description,
arrangement,
The Archives
for
and
aids,
finding
out-reach-activities.of
advice and
Sierra
Leone
blication
Minister
by the is
also
of
historical
79.
The &e
is
very
procedure, appraisal
the
but and
to the
and
the all
Council. including
legislation
these
procedure
for
also
assigns
termi-
Several
councils
those of
Council
archives
countries
the
case
Nigeria
Gambia,
supervises
of
granting
Argentina,
in
the
the
pu-
authorised Archives
a licence in
and
Council
export
for
Portugal,
Kenya,
1.4). Council
in
the
appraisal
Some Councils
important.
in many countries
Advisory
functions.
Archives.
or calendars
is
of
countries
two years
publications
In
this
Archives
selection
every
Archives
the
or lists
in the
(see chapter of
records
that
documents,
comparable
Archives
be published.
involved
Spain
refer
to
have
publications
records
any
American
Columbiaspecifically
and
to the
prescribes
and destruction
Latin
establishes
The comparable
Lesotho.
of
Rico
National
on documentary
Greece
and
Brasil
standardization
nological give
of
Puerto
documentary
the
The legislation
other
in Senegal
Council
priorities
of
Councils
Columbia
appraisal
Council
Archives
the
itself.
give
The Canadian on Public
and
advice
only
Council
has
Dominion
Records
selection
(which
of
on the a task
Archivist
in
may
he himself
chairs) matters of policy and proposals whenever he considers that the the The
views
Illinois
of
the
(United
academic States)
for the destruction of records, experience of departments aqd community are specially relevant ,5.
State
Records
Commission
has
the
duty
to determine what records no longer have any administrative, legal, or historical value and should be destroyed or disposed research, or otherwise.... Norecord shall be disposed of by any agency of the State, unless approval of the State Records Commission is first obtained.... The Commission shall issue regulations . . . . . which shall be binding on all agencies. ,6 All
schedules
have
to
be submitted
to the
Commission.
- 42 -
The Archivio documents
of
the
Organization
disposal
agency
whose
by the
Council,
is
be invited
truction
of
chapter
2.4
The membership the
archives
Archives
and
the
but
ber
of
countries the
the
or entitled
Council
countries
(like
Scotland,
Singapore,
the Council, the
Brasil,
Belgium,
while
to
Venezuela)
Iran,
in
Puerto
matters
the
Nigeria
Minister. users
the
representatives
of
Council
has
representatives. either
meetings.
In
a memseveral
Israel,
Guatemala,
Archivist
and Sudan
Rico
(see
the
reflects
ex officio
National
des-
Netherlands, advise
to
Higher
the
make
one of
Archives
its
Canada, the
is
no academic
attend
to
Gambia,
and
is
of
of any record
Brazilian and
Council
members for
also
generally
Archivist
National
other
have
officials
members from the ministries all
Zambia
Council
government
: high
community,
academic
only In
of the
Sudan,
or
consideration
records
Cameroon,
of
ministry
the
chairman
has
public
records
appropriate
destruction
the of
Councils
of
who is
The Council
opposes
Leone,
redundant
the
the
Archives
National
the
of
with
authorisation
under
to attend
The destruction
Sierra
Iran
are currently Archivist,
records.
Archives
the previous the
destroy
may value
disposable
permission
the
someone
).
the
Rhodesia,
the
needs
when
on which
State
scheduled
a decision
81.
records
Council,
Guatemala
A representative
schedules.
to
of
determine
redundant
Archives
and
function to
The Israelian
meetings.
of
Consultivo
is
in
or administrative
The first Council
and approve
80.
Consejo
Minister.
the
de Centroamerica
no historical
having
approval of
General
Mauritius,
is chairman
he is
secretary
of
to
Council.
A number of laws
leave
the
discretion
the
ter
or National
provisions
of
the
regulations,
which
detail
the
Public
Council
Canadian
lists
of
Archives
(Head
the
council,
some 16 ex officio
Records
Order
of
Council the
however,
Some legislation
the composition
French
of the
authority
appointing
Archivist).
regarding
composition
prescribes
to
Minis-
State,
contairsdetailed
such as the members.
In
that
Advisory
the
less
- 43 -
on Public
Records
shall
consist
of
members from government
nine
service,
the
public
the
Canadian
Association
of
Science
Ottawa.
three
and
the
nine
(chairman),
members from outside Historical
Canadian
Association
These
Archivist
Dominion
agencies
representing
Political
the
and
the
Association,
Records
are appointed
members
Management
Treasury
by the
Board. 82.
In some countries to
the
or proposed
be nominated in
Guatemala,
(Canada),
Senegal,
e.g.
includes while
also
presenting
Nigeria,
Sierra
Leone,
the
bodies,
two
nominated
by the
military
National
members of the
Archives
the
other and
in
Council tions case of
representatives
of
the
representing
the
library
national of
the
associations
@n the exists
of the
as in Belgium
Portugal.
Latinamerican for
consultivo
Archives
in
France,
Archives
and France.
is
the
to
de Centroamerica
Consejo
is
this
General other
users
advantageous
jurisdiction
the
of
each
the
include
National
According
state.
of
Panama,
and
in the
A com-
for,
genealogists
in
the
Netherlands
in
the
Archives
Archives, to the
and
institu-
as is
the
regulation the
national
are honorary
Senegal.
re-
of
member
de Centroamerica.
professional
Council
five
government
and archival
General
Archivio
the
studies,
from the
(Guatemale),
countries
represented
case
schools,
one
in Arabic
may be representatives
Archivio of
of
interests,
versed
governor
and
Representation personnel
persons
Council
secondary
from each
members
commercial
France,
archivists of
has
Israel,
in the
non-government
Besides
seems
the
Archives
of Argentina.
It
outside
the
de Archives
researchers;
Guatemala.
Ghana
Saskatchewan
is provided
there
non-academical
In
Rico,
or provinces
the
Council
universities,
Puerto
Council
academies
states
of
Comision
and
Council
Archives
the
or scientific
Turkey. of the
Archives
representation
members of
Panama,
missionary
and members
in
Italy,
one member representing
universities,
parable /
for
by universities
a representative
Nigerian
the
law provides
archival Sometimes
Archives
the
Council,
- 44 -
Conclusion
83.
The concept
of
an Archives
producers
and
is almost
universally
should
users
with
and may even
sionally
and
and
expert
advice
zed
National
Archives. (to
this
to the
also
to
sounding
in
Archives
these
and not
risk
may feel tried
an
only
the
Archives
a decision. of the
--.
and Gueze,
2.
Delmas,
Archives,
3.
Archivum,
4.
Carbone- and
5.
Archivum,
vol.
21,
p.
50.
6.
Archivum,
vol.
21,
p.
100.
7.
Delmas,
8.
Actes
des
de la
Table
vol.
Draft p.
model
law,
p.
final
by representatives
50
307.
17, p. 184. GuZze,
Archives,
Draft
law,
pp.
49-52.
p. 305.
dix-huitikme Ronde
model
des
en dix-neuvieme
Archives,
pp.
conference 66-71.
Council
records
FOOTNOTES TO CHAPTER 1.8
Carbone
but
Most
/8.
1.
need
to solve
Archivist),
matters,
the
a cer-
speciali-
not
selection
the
On the board
has
consult
and
of
a profes-
of
National
the
appraisal
by the
diffe-
Council
reaching
be taken
with
Minister
before
cision
dealt
legislation
Archivist
and especially
Council
the professionally
and/or
/7
the
institution.
any outside
Archives
However,
of users
archival
Minister
to the
policy”
the authority
responsible
matters,
applies
been
of
whether
development
In many countries
the
issue
endangers
without
archival
of
has
a fruitful
participation
the
key
Council
and archives. should
the
isolation.The
the National by obliging on a number of specific frequently,
framing
responsible
by assigning
function
the
to counter-balance
for
problems
enlist
powers
frustrate Archives
National
introvertion
advisory
the
constitutionnaly
hand,
these
for
"to But
executive
Too much power
other
in
accepted.
Archives
tain
archives
of
be provided
rently.
Council
internationales
de-
- 45 -
2.
RECORDS MANAGEMENT FUNCTIONS.
2.1
84.
Records
Records
Management.
management
area archieving
that and life
use, cycle.
The broad
while
later
85.
/l
records
of
chapters records
is
management
are devoted centres,
to,
treated
in
respectively,
appraisal,
right
the
destruction,
chapter,
this
of
transfer
and
records.
In only
a few countries
responsibility or the ding
for
task
of
ministry
concerned Most
with
management. lated,
it
If
of
areas the
exercise
the
countries
The first
these
rXe
functions
the
management
responsibility
through
regulations,
special
legislation
is
are more directly over
appraisal.
to ensure
is
regu-
letters,
devoted
legislation
records
good
itself
circular is
federal
State.
the
Archives
control
of
or the of
which
management
the
may be allocated
National
provisions
is
and provi-
Administration,
some general
example
functions
systems
Secretariat
of
statutory
have
management
record
o,f some degree
records done
for
Central
records
of
records
Services
or the
pre-archival
is mostly
In a number of management.
a General
contains
legislation
range
Elsewhere,
like
Archives
National
service.
the
to those
the
standards
Interior,
the
More commonly, limited
the whole
agency, of
does
formulating
an advisory
to another
86.
as
of general administrative management concerned with economy and efficiency in the creation, maintenance and the disposal of records, i.e. during their entire
concept
inspection, of
may be defined
etc.
to records of
the
United
the only one which defines records management : the planning, controlling, directing,,organizing, training, promoting, and other managerial activities involved with respect to records creation, records maintenance and use, and records disposition. /2 The Federal Records Management Act requires the establishment of
States,
standards management.
and
procedures
The promulgation
_
to assure
efficient
of these
--
standards
I. .-
and
records
effective
is
the
duty
of the
--
- 46 -
Administrator
of
General
1) promote
economy zation of space, management;
Services.
He has
and efficiency in staff, equipment,
responsibility
to
the selection and supplies
and utili-
for
records
2) promulgate standards, procedures, and guidelines with respect to records management and records management studies; 3) conduct research with respect to the improvement of records management practices and programs; 4) serve as a clearinghouse for information with respect to records management and as central source for reference and training materials with respect to records management; 5) establish such interagency committees and boards as maybe necessary to provide an exchange of information among Federal agencies with respect to records management ; 6) disseminate information with respect to technological development in records management; 7) direct the continuing attention of Federal agencies and the Congress on the burden placed on the Federal Government by and on the need for adequate policies unnecessary paperwork, governing records creation, maintenance and use, and disposition; 8) conduct records management studies and, in his discretion, designate the heads of executive agencies to conduct records management studies with respect to establishing systems and techniques designed to save time and effort in records management, with particular attention given to standards and procedures governing records creation; 9) conduct inspections or records management studies which involve a review of the programmes and practices of more than one Federal agency and which examine interaction among and relationships between Federal agencies with respect to records and records management; and 10) report to the Congress and to the Director of the Office of Management and Budget each year, at such time or times as he on the results of the foregoing activities, may deem desirable, including evaluations of responses by Federal agencies to any recommendations resulting from studies or inspections conducted In
practice,
and
87.
these
Records
most
of
by him./3
these
activities
Service, duties
National
Archives
of the
Administrator
States
federal
is
which and
of
out
part
General
of
the
responsibilities
Records
and
are carried
legislation
Philippines
and Rhode Island
The General
Archival
Services.
are the
Directorate
and assigned
(United of
Patterned
legislation
Services.
the
USSR,
i.a.,
Recently
from the
to. another after
of Liberia,
States).
Archives
National
were removed
Service
General
by the
the the
service United
- 47 on the level of organization and methods, the functioning of the administrative archives /4 and the organization of the documents of the secretariats of the ministries, institutions and enterprises administrations, establishments, of the USSR;takes measures to perfect the functioning of the administrative archives and organizes non-administrative examinations for the secretarial administration and the~functioning organizes by contract the assisof administrative archives; tance to the administrative archives to assure the good mainthe reglementation and the utilization of documents tenance, and to create a fonds of security copies of documents... in association with the ministries and administraj> executes, tion of the USSR, the promotion and the perfecting of the Unique system for secretariats and the Common system for documents of administratiors and management; assures the direction of their application on the level of organization and methods; k) inspects the work of the administrative archives and the maintenance of documents in the secretariats of the minirties, institutions,and entreprises; administrations, establishments, 1) elaborates and approves the archival and secretariat regulations which are obligatory to be respected by all the ministries, administrations, establjshments institutions, and entreprises ... p) organizes the occupational resettlement of the personnel of the
e) assures,
establishment
falling under Ministers of administrative archives.
the the
88.
Council
The Presidential
of
Records
United
States
through
United
States
Government
Act
the
the
General
the
USSR and
of
the
Directorate personnel of
/5
1978 requires
of
Archives
implementation
of
the
President
records
of
management
the in
the
to
all such steps as may be necessary to assure that the activities, deliberations, decisions, and policies that reflect the performance of his constitutional, statutory, or other official or ceremonial duties are adequately documented and that such records are maintained as presidential records pursuant to the requirements of this section and other provisions take
of
law./6
In Brasil
the
General
standards
for
record
Singapore
National
Services
Administration
management.
Similarly
Archives
and
Records
(SISG) , the
Centre
elaborates
Director has the
of
the
responsibility
to a records management program for the efficient creation, , preservation and disposal maintenance, retention of public records./7 conduct
utilization,
The
Inspector
General
of
take decisions, in different ministries
relating archives
Libraries
Archives
in
Portugal
with the secretaries-general or their representatives, on all conservation and arrangement of
agreement
to security, and libraries./8
and
has
to of
matters their
the
at
- 48 -
The Canadian
Dominion
shall
all
assess
custody
of
microfilming
ment, the
equipment,
quance
of
filming
service
future
and/or
and
countries
Control
90.
and
other
countries
promoting
efficient
In
advice
and
relating
to records
the
legislation
Most
records
good
government
organs
and socialist administration of
State lified
proper file registration, and appropriate disposition Archival
The Dutch in
their
sified”. which
charge For the
obliges
On the
of
their
proposal
proper heads
and
of
the
and Dutch
to
which
are documented are stored issue
for
and handled. guides
to
are entitled
to draft
and to
(Central
is
assigned
paperExperts
Victoria anr) new filing
the
management
task
and of
Australia,
some general example
in
of
giving
Mauritius,
provision.
to
Czechoslovakia
:
provide for quatake care of and safe-keeping of records
purposeful . ../ 10
“Public
bodies
shall
suitably
and
is elaborated and
the
to
take
minister
of
arranged down
measures
provision
of the
the
keep
in
to lay
departments
description
records
of
this of
adequacy
organizations shall records . . . and shall
condition
ministries
the
to arrangement keeping
law states in
for
management,
extent
approves
agencies:
contains
micro-
plans.
records
and economical
the
ade-
records the
Archives),
the
filing
Archivist
National
to
of
Archivist
existing
in
assess
Bulgaria
Board
National
the
to
of
the
central
management
Argentina,
Central
changes
assistance
USSR, etc.
ensure
likewise
Gove,rn-
public
the
and
Archives
In Denmark
(scheme)
standards
National
Algeria,
of
records /9
at the
Commission
(Australia). plan
i.e.
the
appropriateness
departments
which
of
Order,
in the
techniques,
matters.
of
the
work management;
these
to the
He has
of
may establish
standards
issue
to
records
ownership
systems,
and programs
in respect
public
by using
processing).
extent
of
Records
Public
preservation
the
classification
the
the
processing
the
be obtained
machine
Archivist
departments In other
might
records
research
of
to
from the regard
regarding
policies
The Dominion
89.
for
important
removal
efficiency
that
departemental
destruction
particular
proposals
the
economics
the
for
(with the
and the
of
proposals departments,
the
according
Archivist,
the
records
and clas-
Archives
Decree,
regulations, regarding
to see the
safe-
storage-space.
Interior
(who
coordinates
- 49 -
records the
Crown has laid
clude
provisions
must
possess
Filing
plans
which
advises
of
this
have
fer
Archives.
by the by the
general
of
Keeper
of
standards
and
records,
forms
other
aspects
records
management
and the
adopt
the
communication
of
Institute
Turkish
More detailed in the out
records for
standards
processing
State
and to
and
issued
the
by the
approval of
and
to
for
directives
the
National
good
of
government on paper
all
appointa
measures
regulations, standards
Treasury
description has
of
members
seven
centre,
other of
composed
for
and
agency
on the
by the
Board
take
have to Archives.
and
appointed
Every
State
Archives,
delegate
a records
of
the
Board of
to arrangement
records
of
records
of
Treasury
trans-
the
agencies
quality,
Archives
and
and
the
standardization.
General
from the
heads
management
management,
or his
to Turkish
plans
records
General
implementation
regulations
Swedish
a circular sets
filing
concurrence
with
the
records
management.
According
in
lists and
operation
co-ordinator
must
for
to the
management
Board.
agency
consultation
by the
relating
records
of
the
and agencies,
submits
management,
duties
National
communication,
Bulgaria
Archives
records Treasury
91.
approved
policies
a member
for
to regulate,
descriptive
departments
of
In
a committee
The committee
is
Center
maintenance,
after
and
National
from government Board.
Archivist
Archives,
heads of agencies
has the
the
agencies
rules
(Canada)
State
the
records.
systems
minister.
council,
management
on the
ministers
the of
of
by the
12
especially
Filing
be approved Gluebec
charges
destruction
determined
basis
/
a section
the ministries
of
determined
by a records
in-
These
registries
qualifications
has
management.
agencies,
and
the
Records
and
director-general
in their
central
the
agencies),
management.
minister. The General State 11 In Liberia the law on the ./
legislation the
of
be approved
to
government
on records
the
as to records with
head
professional
the
council
Polish
the
central
and
regulations
down that
Documentation
is
in the ministries
management
concerning Archival
National for
the
records
Ordinance, Archives.
creation
management which
One section and maintenance
is
are
found
elaborated of of
this
in
circular
records,
- 50 -
another
refers
Writing
Material
care
and
cular
use
non-conventional
In
Pakistan,
records of
the of
Conclusion
92.
Cameroon,
decree
concerning
Romanian .legislation, Prime Minister
the
records
Archives
appraisal
and
of upon
is
provisions
This
to ensure
Another
example
of
de-
are a circular
annexed of
regulations
of the
a Hungarian
to
archival
the
issued
over
law,
by the
In
records
only
office
over
to involvement
in,
does
that
management
issued
but
imply
contains
legislation
good records
there
in
exists
other
any
case
of
in the
entire
would
be
than
the
some general
management.
FOOTNOTES TO CHAPTER 2.1
1.
Glossary
International
Archival
of
2. Archivum,
vol.
28, p. 423.
3. Archivum,
vol.
28, p.425.
4.
In
Archivum,
d’ktat”
tion the
~01.28,
should
provided Council
p.
348,
be replaced by F.I.
of Ministers
Terminoloqy,
in article
by "archives Director
Dolguih, of
the
5 (e)
nr.
the
392.
words
"archives
administratives" General
USSR (Moscow)).
of
the
over
embracing
agency
the
range
rGle
programmes
such
by a government
the whole
or control
programmes, that
does
pre-archival
the
not
varies
management
a few countries
responsibility
records,
Most
microforms Secretarial
by detailed
application
Archives
limited
public
Archives.
National
records,
management
functions.Elsewhere
regulations
records,
Thailand.
no records
all
the
statutory
have
the
The cir-
conventional
directives
to another.
disposal.
countries
life-cycle
1975.
by the
management
National
based
control
of
Archives
National
these
of
from one country
widely
Division,
the
stacks,
description.
readable
governed
and
to
(e.g.
13
is
the
material
others
and
machine
records
of
still
regarding
records./
concerning
Archives
The degree
of
for
Cabinet
tailed'regulations
504),
only
not
management
the
and writing
arrangement
provisions
other
governmental
and
regulations
and
Federal
1964:
records,
of
specific
Instructions
on paper
Ordinance
contains also
but
to regulations
Archives
(informaat
- 51 -
5. Archivum,
vol.
348-350.
28, pp.
6. 44 USC paragraph vol.
20. p.
228.
8. Archivum,
vol.
19. p.
93
9.
vol.
21,
10.
Archivum,
11.
Besluit
vol. Decree
pp.
28, p.
48-49. 114.
secretarie-aangelegenheden
algemene
(Royal
on central
government
12.
Archivum,
vol.
28,
pp.
238-241.
13.
Archivum,
vol.
19, pp.
139-145
circular
has
provided
by N. Rosqvist,
-_____
translation).
2203.
7. Archivum, Archivum,
(Author's
been
___-.- ..-
amended
again State
(text
rijksadministratie
records
as amended in
in 1979 (no. Archives,
. ..---
management)
679)
1968).
1980.
The
(information
Oslo).
.-.._--
-
- 52 -
2.2
93.
Riqht
of
The right
inspection.
inspection
of
may be defined
as
imposed responsibility of archives or a records service to inspect and report, and to propose measures to improve the records creation, maintenance, and disposal practices of operating agencies within its jurisdiction. /1 the legally management
In
some countries
inspection
each government is
Archivist
(or
the
Italian the
inspectors
years
Each
as secretary,
and
keeper
the
under
records,
application
of
reprography
commands
Archives
the
is
composed
competent
the
standards
of
the
for
or his
description control
the
system
agency
Archives
committee,
Italian
The
three
from the
State
care
and
for
head
preservation,
the
agencies.
law (except
an administrator
the
a
one with
appointed
of
as an appraisal
Archives.
State
Archivist
commissions,
which
is
of
act
of
to the
falls
supervise
arrangement records
surveillance
National
government
the
for
one
the
National
with
for
commission,
of
Archives)
National
as chairman,
The commissions
delegate.
the
concerned,
delegate
by commissions,
the
as a liaison
which
minister
or his
agency
agency
countries
of
provides
Office).
by the
other
who act
legislation
Foreign
In
out
a representative
which
division
government
each
of
a member.
inspection
number of 94.
agency,
is carried
and the
transfer
of
was‘followed
in
the
law
the
n
draft 95.
Model
In nearly “the
power
government
from which
Law /L,
all to
legislation examine
the any
into
was copied
National
records
are
is vested
in
the
“as
custody and control of such preservation, 4 / Such an advisory function, next to the
public
records”
explicitly
Cameroon,
in the
or public give
Liechtenstein,
Lebanon,
Archivist
of
archives such
legislation
New Zealand
is
right
of
Leone,
entitled
to
as to their
safe
preservation
any
any
(Botswana).
USA and USSR. inspect
1977.
care,
the
Bahamas,
and to
instructions
of
of inspection,
Australia,
Sierra
to
of
with
custody
advise
assigned
(Bahamas)/3
which
Archivist
Algerian
and to
Chief
department”
it
public
is Botswana, The
records
- 53 -
such advice as to their efficient and management as he considers
and tion
Archival
The State
Administration
German Democratic ensure In
the proper
France
ments
the
and
officer
96.
records
National
assistance
tion
to
finds
the
condition he warns
six
months
and
the
Inspection
is
establishments
by the
in of
or not
A person
regarding is law
also
of a fine
permitted
who does
the liable
preservation,
the
competent
from the
safe to
the
of
submit
punishment
the
to the
moral
tech-
Inspec-
safe-keeping
agency.
If,
within
improved,
not
to one of
Comparable
the
provisions
legislation.
right
inspection
of
an institution
is
selection
instructions a fine.
the
and
has
records
the
,
General and
If
the
situation
may
preservation,
records.
/8
of In
are given liable
in
their
of
records.
by the
and maintenance with
Zambia
to the
are obstructed in
as a liaison
department.
the
of
Swedish
Archives
preservation
and
the
where
to participate
not
controls
Inspection. and
Yugoslavia, if
of
renders
head the
depart-
department./6
arrangement
to transfer
enforcement
a penal
with
archives
Italian,Spanish
legislation
punishment tion
the
and
of
entitled
different
the
en mission)
which
to
records.
are subordinated
two reminders,
depending
found
Examples
after
agencies
a government
of
agencies of
to the
Archives
National
request
and safe-keeping
unsatisfactory,
are
the
and Archives, state
with
government
the
Archives
Libraries
of
arrangement
of
at the
only
the
Inspection nical
director
and
in the
of their
accredit
administra-
/ 5
Archives
instructions
(conservateur
Archives
the
the
In Portugal
Archives
State
security
and
an official
agencies
Strikingly, examine
arrangement
National
between
and the
may give
Republic
and economical
necessary.
to inspec-
Archives
records
or archives,
Czechoslovakia
the
prescribes 1) When exercising
Interior failures
or the
professional supervision, the Ministry respective Archives may require elimination
of the
of shortcomings they find and, if these are caused by officials the organization, may propose to the head of the organization or his deputy to institute disciplinary proceedings in case that failures or shortcomings against such officials; are caused by the head of the organization or his deputy, the Ministry of the Interior or the respective Archives may make
--_.-
and of
--
__~ ,...-- ----
- 54 -
with the organ directly superior to the head organization. despite notification by the Ministry organization which, Interior or the respective Archives, fails to meet the responsibilities incumbent upon it by this Act or by an operative, generally binding legal regulation concerning the establishment, abolition or administration of the Archives, may be fined not more than 50.000 Cz. crowns by the District National Committee, following a proposal by the Ministry of the Interior or the especially in cases when a damage has been respective Archives, caused or is imminent. In cases of repeated failures to meet any of the above responsibilities the organization may be fined not more than 10.000 Cz. crowns. /9
such a of the 2) The of the
proposal
In countries nours
France
like
regarding
and the
records
public
Netherlands and
for
penalties
archives
misdemea-
are included
in the
penal
code.
97.
In some laws inspection
“secret” : Australia
Zealand,
Tanzania,
Archives
of
ding
that
Under tion
of
records,
the
sons
of
national
security
to the
President. regulations that
contents Council exempt
Special for in
of
mention
legislation
the
even
to
the
advice
of
or for
subject
of
This
means
Finnish
National
con-
to examine
entitled
to
security
the
and environmental
to the the
by
have access
documents”./7
not
rea-
law,
the
the
Archivist,
may
from inspection. duties
or the of
he is
inspec-
or of the
concerned
material
the
the
Services,
inspectors
secret
National
is governed
of General
According
with
by law
due observance
when
records.
Act
interest,
archive
the
New
or confidential.
restricted
agency
of
notwithstan-
Management
public
the
relating
new repositories the
of
of
records,
as secret
Administrator
agencies of
public
are kept”with
Ministers,
certain
any
Records
or the
may inspect
secret
of
the
is
right
Bahamas,
Director
But
which
head
records,
the
of
Netherlands
force
inspector of
the
records in
the
dition
of
In the
where
places
use
made by the
approval
Federal
from the
provisions),
are classified
States
United
Leone.
may inspect
records
such
the
Sierra
are excluded elaborate
(with
Botswana
regulations
98.
records
the
of
the
Archives
reconstruction Netherlands
in of
and
examining
existing
Sweden.
ones
proposals is
made
- 55 -
Conclusion
99.
The right
of the and
tenance,
disposal
are mostly
also
explicitly
authorized
Congress
that
control
ment
of
FOOTNOTES
to
the
Legislation of
(1972)
be sanctioned
is for
agencies
in some countries
of the measures
right
main-
The Archives
instructions
should
records
proposed
inspection.
by the
The seventh
considered
it
Archives
desirable
over
the
manage-
legislation./
by explicit
10
TO CHAPTER 2.2
Draft
64-47
service,
and
of
country.
Model
of
3. Archivum,
vol.
29, p.
59.
4. Archivum,
vol.
28, p.
75.
5. Archivum,
vol.
21, p.
210.
p.
vol.
vol.
vol.
there
archives
clearly
244.
In the Draft is
also
who carry
the
is
nr.
out after
the
Law,
an inspection
periodical
administration
modelled
who supervises
Model
throughout the
public
Italian
and private
archives.
internationale
de la
Table
Ronde
15.
19,
Archievenblad, 314-315
of
conference
septieme
des Archives,
8. Archivum,
64-67.
pp.
archivistiche State
7. Archivum
Law,
inspection
the
de la
Terminolooy,
inspectors-general
outside
archives
Archival legislation
servi.ces
the
This
sovrintendenze
of
Algerian
the
composed
inspections
pp.
countries.
by State
2. Carobe-Gueze,
6. Actes
most
exercised
Glossary
the
of
creation,
administration
public
records.
their
1. International pp.
the
on Archives
regularly
current
of
enforcement
exercising
while
International
---
for
records
the
to give
of their
provides
Archives
examine
legislation
maintenance
safe
to
practices
in the
acknowledged
the
Archives
p.
64,
75 (19711,
19, pp.
translation
English
205-206
p.
in
: Nederlands
17.
and 217.
See also
Archivum,
~01.28,
(Fkkmania).
9. Archivum,
vol.
28, p. 122.
10. Archivum,
vol.
24, p.
363.
_I-..__.
__“.--___c-
- 56 -
2.3 100.
Records
A records
centres.
centre
or intermediate usually
a building, the low-cost
repository
current
to
definition
or semi-current
legal
point
centre but
this
view
of
is
that
- organized
tion
Appraisal
Canada,
Federal
Republic
Panama,
Quebec
(Canada),
countries
the
records
(archives
current ating in
under
records
either
is
legisla-
administration
-
Central
the
Dutch
of
Algeria,
centres outside
centres
for the
scope operated
centres
absence in
the
by the
offices
of the
Services
exist.
of
Archives,
limits
for
and
Act
to establish,
Division
centres
centres
of the
semi-
records
the
cre-
current are
disposal and the entitles
this
by the
study
to
Archives
discuss
the and operate
maintain
the
as developed
fixed
Archives
agencies.
of
(dep6ts
or by the Archives
concerned
Management
In
direction
maintaining
records
some
semi-current
records
in
records
of
In
out by the
may be kept
Brasil,
(FRG),
States.
In France,
Archives.
Record
federal
United
records
administration
General
Lower Saxony
are carried
of semi-current the
legislation
Tanzania,
The time
The USA Federal of
the
supervision
between
Administrator
is
nor
for
of,
Turkish
creating
or supervised
In
are kept
preservation
de France.
It
National
repositories.
by agreement
102.
agency,
repositories
France,
functions
de France.
agency,
records,
records
the
the
Kingdom)
administered
records
archival
Senegal,
intermediaires)
de prearchivage),
Archives
in
Germany,
of
centre
of
to
United
(e.g.
du prearchivaqe
the
creating
Agency.
are referred
records
records
centres,
a
a records
of
records
of
centre.From
Law and the
by the
records
speaking,
centres
Brasil
Model
storage
quality
intermediate
the
Draft
Records
other
Conclusion
Thus,
by the
for current
disposition./1
for
building
essential not
operated
and
are not,strictly
101.
/’
Carbone-GuEze
the
the
ultimate
be a records
would
controlled
is
Archives
by the
example,
it
records
their
special
any
however,
as
designed and constructed, and communication of
specially
maintenance storage, or semi-current records , pending
According
may be defined
concept in
of
Belgium,
- 57 -
Canada, the
United
archives in such
any
Republic
The Federal States, which case,
records
as well
are being should centres
not and
of
Germany,
the
concept
of
as the developed
in
be an obstacle
intermediate
the
the
Kingdom
Legislation,
establishment
archives.
FOOTNOTES TO CHAPTER 2.3
1. International 2. NATIS Guldellne,
Glossary
of
Archival
p aragraph
133.
Terminology,nr.
and
intermediate
America.
Latin to
United
390.
of
- 58 -
2.4 103.
Appraisal
Appraisal
destruction.
and
may be defined
determining
the
eventual
current and future their evidential, Destruction value
is
/’
In
nearly
all
records
Minister
Sometimes
the
Archivist
position,
as in
by the
or by the
commissions
exist
of
agencies’
Control
expert
whom the
records
establishing on the
Archivist In the
records
Draft
Model
Archives,
their
General
Board of
the
management
the
records
commissions
within and
subordinated
agency of
that
guided
Archives. treats
agencies
agency
legislato
to verify, has
and the
before drafted
been
together
concerned,
In
Minister
the
have schedule
This
schedules. the
by
questions
Under Dutch
Archives, the
Expert
work being
approves
is
on a per-
by the
which
the
special
recommendations
Commission
Archives.
Such
(not
the
appraisal
with
General
State
delegate.
Law /3 the
decision.
The authors1
the
Archives,
State
1.8).
whether
schedule, of
(see chapter
be endorsed
State
agency
functions
by special
law
the
(Canada),
are prepared The Netherlands
and
priority
any
Quebec
must
are appraisal
agency
of
Poland,
and
for
creating
an indication
Control
to the
own authority
the
Bulgarian
appraisal
creating
or his
the
State
Experts
on his
of
head
Italy,
responsible
on the
is
and destroy
the
from the
a records
by experts
value
to appraise
are subordinated.
Council
In
the
destruction
Minister
enduring
Archives
commission
of
there
the
experts
Archives
regarding
who propose
no further
of
with
Archivist
frequently
Romania.
Board has a Central too,
National
Czechoslovakia,
instructions
Romania,
decision
Bulgaria,
in
and
principle
final
without
decisions
Commissions
procedural
documents
documents
both
needed,
Algeria,
commissions
basis)
of
is
These
manent
of
of
to whom the
Yugoslavia.
tion
the
approval
National
disposal
3.1.
is made either
the
of
legislation
or by the
of
informational
by transfer
chapter
in
based upon their of records fiscal and legal values and and research values./1
disposal
administrative,
method
. Disposal
treated 104.
the
as
see
since
control
no logical each
commissions foundation
commission
is
are given for
presided
final
the approval
over-by
the
final by
- 59 -
director sion
Archives.
of
may submit
the
decree
law,
but
the
final
example
Netherlands, Comision and
the
archives,
the
proposal
val
law
of
of the
each
ministry
for
destruction
acts
Archives, agency’s
review
which
In
as liaison
the
appraisal head.
In
consultation
Archives
and
the
the
Ghana
appraisal the
is
in
at each
a special standards
within
Archives.
Proposals
collaboration of
with the
issued
who report
were in 1972 reported appraisal
concerned
Archivist
/4.
the
National
Thailand,
agency,
on
1954 archi-
committee
in
committee
destruction,
to the
Regulations
the
permanent
the
Council
on the
govern-
for
appraisal
orders
Superior
agency
National
the
National
committee
regulations
when
Mauritius,
there
according
the
minister.
for
Botswana)
proposes
committees
These
Liberia,
a records
to the
archivist
generally
In Chili
Egypt,
with
Algerian
are represented,
Archivist,
by the
to provide
National
(e.g.,
descarte
that
commissions
in the the
which
Lesotho,
Turkey.
are made by the
prescribe
in
Arab Republic,
who advises
by the
work regarding
profession
Panama,
and sent
may specify
be taken
advisory
Greece,
In addition,
taken.
Council,
agencies.
United
Archives
National
is
academic
chaired
the
law
overruling
to the Minister.
schedules
the
must
against
and
(USA),
de selection
on public
the
and
Nigeria,
records
1963,
provision
Illinois
in
of
commis-
Archives.
law has been followed
Model
by an Archives
departments
of a control
competent
application
preparatory
out
the
on destruction
decision
is carried
to
chairman
of records
any
many countries
ment
the
The Draft without
the
cases
on destruction
unanimously.
In
doubtful
concerning
decisions
105.
Moreover,
in
to
to be under
between
the
In some legislation
specifically
entitled
is
to
whom he considers qualified to advise such public records for permanent pre5 authorizing *the destruction thereof.
consult with any person him as to the.worth of
servation 106.
In current according and
(c)
Archives.
befor’e
legislation to records destruction Sometimes
/
a distinction schedules,
(b)
of records the
law
that
or the
is
(a)
made between
destruction
have been regulations
of
destruction
non-scheduled
transferred enumerate
2 -._.-
to the documents
records,
- 60 -
that
either
destroyed
are not without
value
procedure
or without
are the
Norwegian
regulations,
to be considered
Democratic for
certain
issued
archival
14 categories of a prescribed of
receipts are not
thereby
of
the
comments
is
not
thought
to the
records
that
printed 107.
desirable. which
other
for
(France Turkey
1799, 1839,
108.
of
Records
of
law
may specify
records 1850,
Ivory
Coast
regulations which
and
contain
are to be kept
standards
minister
Services), records
for
the
President,
creating
agency
is
and other
records
Yugoslavia
directions,
the
records
specify
document,
under
Kingdom)
Sudan
all
schedules
by the
head
1800,
1925).
The
of
circumstances. are generally
the
National
Archives
USA the
Administrator minister
the
subordinated Archivist
(Netherlands, may issue
most
each
schedules
departments,
are established, of
be
date
enumeration
the
common to
to
a certain
(United
1920,
in
are not
in concurrence’with
sometimes
for
ministerial
on them
Coast
another
in
for
responsible
the Dominion
of
or files
are returned
Ivory
and
destruction
In Canada
and
Letters
retention
the
an exhaustive
Czechoslovakia).
in Poland
records
from before
dating
Yugoslavia
housekeeping
authority.
employment
which
Scotland
and Cameroon
to whom the
expiration
may be written
recapitulated
data
and
by the
General
the
France
of
Ireland
schedules
Liberia
for
Northern
documents
established (in
the
example
Czechoslovakian types
contain
hand,
eliminated,
Applications
the
may be destroyed.
or not,
On the
which
enumerates
and delivery
or that
information
inventory
by the
that
German
legislation
remittal,
mutilated
The legislation
applicant.
for
documents
ion procedure”
after
determined
example
of
the
in a special
may be destroyed
inappropriately and other
of
Swedish
on condition
may be destroyed,
A good
destruct
listed
communiques
following
types
The legislation
period,
folders,
several
a “simplified
that
retention
transmittal,
list
administration.
records
of
as records
approval.
special
records
of
may be
may be destroyed
which
prescribes
categories
by the
any
as records.
Republic
therefore
and
or are designated
therefore
and
a simple
not
as records,
approval,
special
archival
without
considered
agency
on the in
while
basis
concurrence
- 61 -
with
the
State
Archives.
implementation
of
destructed concurrence
Archives
approval
the
inspector
General
State
by the
109.
Generally
records
or other Rico,
the only
110.
municipal
The legislation
paper
readable ferred
In
the
of the 112.
In
for
The opinion
by the
of
Minister.
In
record
evidential
is
microforms
Portugal,
Puerto-
Republic
their
provided
that
still
can
converting
contain
reproductions./6
of
form and
as destruction
of
from machineis
information
be read, of
anyway.
countries
information the
is
destruction
in machine-readable rules
and
reproduction
for
value
of
they
substituted
after
deletion
it
which
is not
heard
or in
information
have same standard
transanother
from one ADPof
quality
and
record
that
deemed
destruction
altered.
treatment
of
readable
a machine
information
the
State
destruction
of
may oppose
acceptable Council
Archives.
from the
record
is
would
record.
Israel
Anyone
with
(Israel,
same main
by the
, provided
obtaining
are concerned)
and many other
information
For example,
any
records
German Democratic
States
the
is allowed
information
Australia
prevent
United
Furthermore,
to another
medium
in
are scheduled
which
of
to a form in
Archivist,
been
originals
of
is governed
records
have
In the
regarding
way understood. that
the
destruction
records.
State
the
may be
non-scheduled
may be destroyed
documents
of
on microform
there
which
Zaire).
provisions
In Sweden
to destroy
regulating
records
General
the
may be overruled
destruction for
allowed
special
111.
for
States,
Netherlands
decree
Council.
reproductions
United
Dutch
non-scheduled of
or the
Archivist
Archives
the
or municipal
Cameroon such an authorization given
to
Act,
provincial
(when
the provincial the
the
with
only
According
to for
the
decision.
Archivistls records the State
application
to
may be published
destruction; Archivist,
if
the
he shall
in
the the
Archives official
opposition refer
Council
does the
gazette. not
matter
seem
to the
- 62 -
113.
The United
during rize
a state the
of
or naval
continental
interests
urgently
needed
for
their
a written
the
of
the
military
preservation.
report
has
to
retention
research,
be submitted
to
may autho-
situated
which
in
his
occupy
without
to warrant
value the
disposal
Administrator
the
space
opinion,
after
a
be pre-
would
or other months
in outside
or which
States,
six
agency
depository
of
and are,
Within
destruction:
custody
or other
United
legal,
States
legal
purposes
administrative, continued
his
ship,
States,
to the
sufficient
in
establishment,
judicial
emergency
head of an United
of records
United
for
provides
war the
destruction
military the
legislation
States
General
of
Services. 114.
Norway, which
is
applied
or subject carried
to out
assisted
to
files
the decide.
In
Switzerland
the
Federal
10,
30 or
Current
has If
records
Archives.
Files
to
be taken
are appraised are reviewed
“X”
(=indefinite)
ten
respectively
thirty
covers
The second
transfer
the
again
to the
by the
the
before
creating
the
is
administration,
jointly
arises,
destruction
review
Archives.
a conflict
which
for
by the
before
reviews,
two
first
The
old,
some 25 years,
Archives.
legislation
agency
Minister
their
has
transfer
to
agency
has marked
by the
Federal
Archi-
years.
the
following
aspects
the
National
Archives
appraisal
of
and
7
1) The respective
rcles
departmentsin
the
non-current
archival
and
of
appraisal
records the
records
be some supervision
the
administrative
but
it
archival
National
of
scheduled
procedures.
by the then
system
are not years
is
most
destruction./
which
the
five
file
after
place
knows
appraisal
the
National
to
of
all
The decision
ves after 115.
Kingdom,
special
when
takes
Archives.
Conclusion
United
and co-ordinated
review and
the
like
is
the
(or
is shared Archives
historical)
services. every
in
may be assessed
responsibility
of the value,
and destruction
in a number of countries
management
by the value
The appraisal
function.
government
and the
which
There case.
by the
archivist justifies
by the
is and should In
appraisal,
creating
to decide indefinite
agency, on the
or
- 63 -
permanent
retention.
2) The degree
of formality
decisions.
A distinction
records
schedules
3) The authority Minister,
advice
of
b)
National
the
the
Council;
or
c> the
National
approve
to
and
which
records for
the
Archivist
National
Archivist,
or the
with
in
may be destroyed
Archives,
sometimes
Archivist
included
records.
public
responsible
appraisal
implement
records
may be made between
and non-scheduled
upon
a) the
needed
mostly
Archives
with
advice
concurrence
of
with
Council;
or
of the
Archives
records
the
the
creating
agency.
4) The authority
upon
records
which
after
transfer
to an archival
may be destroyed.
stitution
5) The enumeration
of
may be eliminated;
or form a part
categories
of routine
numeration
such;
of a general
records
may be
records
that
included
in in
International
schedule.
2. International
Glossary
of Archival
Terminoloav
, nr.
Glossary
of
Archival
Terminology,
nr.
3. Carbone-Gueze, 4. Archivum,
vol
5. Archivum,
vol.
6.
See:
Cf.
Law,
28, p.
133.
64-67.
77.
The admissibility (PGI/81/WS/25). paragraph
-I_.--_
pp.
22.
235.
NATIS-Guideline,
__-_-. _--.-
Model
20. p.
G. Weill,
a RAMP study 7.
Draft
.-
of
Paris, 131.
microforms Unesco,
as evidence: 1981,
84 p.
any
case
regulations
FOOTNOTES TO CHAPTER 2.4
1.
in-
- 64 -
3.
ARCHIVAL
3.0
FUNCTIONS
Introduction.
The analysis
chapter
in
current
legislation
archival
services.
lations
function 3.1
the
deposit
In
transfer
(see
about of
official while
3.6
and
is
records
of
By transfer
archives
chapter
components
3.4
(arrangement
act
(acquisition, acquisition handled chapter
3.24 of
Chapter
the
in
chap-
1.4
and
3.3
deals
communication
function
description),
and
involved
or without
come under
of
the
prescription years
after
the
their
be transferred)
and
of
3.5
retention
creation,
that
transfer
the
procedure
for
granting
temporary
for
allowing
transfer
has
to
/l.
archival
the
attract
should
the
period records
number
(the
generally
should
procedure;
general
retention
exemption
period
and the
(postponement
of
with
a view
audio-visual
provisions
before
the
statutory
retention
elapsed;
provisions
specific
of
of
title
>;
procedure
e.g.
legal
transfer
general
exceptions
period
of
physical
of
/2:
statutory transfer
a change
jurisdiction
aspects
legislator of
in
a change
the
The following
attention
of
(v)
private
is
regu-
and
Of the
Archives
main
the
with
records
administration.
(iv)
functions
public
( reprography).
records
of
custody
(iii)
archival
in
Transfer.
Transfer
(ii)
legislation
to the of
of
chapters are reviewed.
publication
(access)
(i)
main
acquisition
in chapters
the
the
of records
are reviewed
3.1
following of
to circumscriptions
and organization
functions
the
each
preservation,
with
the
and communication) the
ter
1.5 was restricted
of
concerning
preservation
116.
AND ACTIVITIES.
for of
transfer
legal
transfer
special’
kinds
or to ensure
deposit,
and machine
for
of
readable
to a repository
of
material,
effective
control
records; other
than
the
National
Archives; (vi>
exemption arrangements
for
certain for
government
transfer.
departments
from the
normal
- 65 -
117.
In
current
legislation
from 100 years
varies
to 5 years exists
the
period
Kingdom,
Yugoslavia
gislation
for
certain
118.
the
15 years,
etc.)
5 years.
Sometimes
countries USSR.
the
when
prior
currently
of
agencies
records
In
where
in
to
old
(the
general
for
yearly
the
agency
is
which
by the
Directorate
The same applies
in
the
In
even
period.
of
of
individual
of
the
the
however, there
is
business, applied
then
legislation
retention
period.
retention
of
the
records
records issued
of
in
the
central
30 years provides
a legal
and
as
administrative
are less
France
a proposal
“as soon
affairs.
of
no
be formulated
is
immediate
regulations,
is
retention
terminated
Archives for
there
law,
on Archives
this
The Rumanian
without
Turkey
(cities
in the
of current
they
concerning
files
Sweden
have
when
levels
transfer like
etc.
district
and
The general
conduct
for
records
lower
Council
example,
of
USSR,
prescribed
may,
A rule
no longer
duration
a matter
Leone).
to prescribe for
transfer
In the
at
: the
retention
regional
not
archives
25 years”.
are some countries
is
for
needed
of
of
agencies
law
to the
transfer
transfer
period
be transferred.
be transferred,
have
example,
the
consideration
records
use
of
is
Liechtenstein,
general
the
le-
period
Coast,
government
at
United
retention
central
the
In the
period.
rule.
Netherlands,
case after
San Marino,
general
Sierra
should
the
the
period
Iran
and
the
to
period
(Gambia,
to transfer
any
Zaire,
for
retention
are no longer
in
period
period
under
records
from the
for
records
as a maximum.
applies
many cases
in
records
general
decides
This
records)
year
Italy
Ivory
Hungary,
records
authorities
a 15 or 10 year
Finland,
and
retention
for
a 30 years
may vary
general
There
apply
regulations
in
period
119.
Zaire
and
for
10 years,
but
Rumania,
retention
level
but
while
In
all
for
A fifty
is 40 years,
records;
records
example,
is
all
local
Rico.
Switzerland,
period
for
Mauritania).
and
: Bulgaria,
prescribed
period
Puerto
several
of
retention
Sweden
Dahomey,
Netherlands
retention
Poland,
(Belgium,
(Argentina,
in
general
the
In
by the
for
creating
each agency
concerned and
France
agency.
regional
- 66 -
of the
tion
period
creating
In Yugoslavia more
and
the
this
30 years.
than
considered
to
indicate
the
has
be of
case the
has but
to
it
future
discre-
needs a longer
be negotiated
course
the
than
business
transfer,
by marking
the
matter
the
or informational
the
5 and not
Germany)
of
of
between
be less
Republic
evidential
special
to the
left
agency
may not
(Federal in
is
be justified.
period
when
for
need
to
Bavaria
In
period
in
Archives,
are requested,
agencies
but
retention
Federal
the
retention
agency,
20 years,
than
agency
Cameroon the
In
authorities.
value,
the
file
is
to
“State
Archive”. 120.
The law
fifth
frequently
year
(e.g.
Denmark,
for
local
authorities
Sweden
be effected
the
within
prescribed year
term 121.
the
is
records
of
proper
Federal In
sion
that
aids
should
case,
or that date
(e.g.
is
normally
Belgium,
transfer
records
to
should
transfer.
reached
have to
close
every
place
year
the
the
are bound
facilitate
the
Dutch
files
all
In Norway this
Swiss
of
Archives
can
Hungary,
Israel,
the
the
in
regulations.
good
material
of
BGle,
USSR).
to require
records. Federal
(Denmark)
Republic, The Yugoslavian
from the transferring exceptional
In
records
the
The
condition
German Democratic
right
arrange
at the
Republic
of
the
records
a copy
has
to
the
registry
the
agency’s
Germany,
USSR, one encounters of
cases,
creating
and the
Republic, with
canton the
treated
be in
France,
Archives
together
the
provifinding
be transferred.
transfer. decline
should
arrangement
The transferring the
tenth
take
(Netherlands).According
to
(Algeria,
Federal
German Democratic
of
9,
Poland,
the
expense.
122.
or every the
agencies
transfer
arranged
Liechtenstein,
the
creating
to be transferred
and well
agency
should
5 years.
The procedure
gives
after
period
with
transfer
records)
years
ten
ending
that
Hungary)
retention
regulations, every
prescribes
agency In
transfer.
Belgium
the
In the
give
notice,
State United
some time
Archives Kingdom
may, the
in
advance,
in an urgent Lord
Chancellor
law
- 67 -
may direct,
if
administration
records have
shall
been
it
appears
of
the
to him in the Record
Public
be suspended
is
Office,
of the proper
that
arrangements
until
There
completed.
interests
a comparable
transfer
the
for
their
provision
of
reception. in
the
Tanzanian
legislation. 123.
The transferred of
this,
signed
kept,
In
ferred
of
record
the
are borne
by the
A circular
of
the
Swedish
provisions
on the
transfer
- readable
Machine The tape
is
be new.
Both
Swedish
authority
the
tape,
sical the
corresponds
microfilm
in
with
include
must
the
trans-
special and microfilms.
on magnetic
at
least
one
standards
set
tape. copy
including
should
by the
and metrology.
inspection
National
Together
existing
data
and notations
regarding
the
must
be transferred.
Before
transfer
computer
the
that
log
must
be checked
in
the
system
documentation.
a copy
for
archival
purposes
with
block
losses
tape,
entered
contains
records
duplicate;
documentation,
the
/3
be recorded
with
testing,
information of
information
in
comply
relevant
with
it
shall for
condition
that of
tapes
Archives
shall
the
of
agency.
of machine-readable
information
be
transferring
by the
transferring
A copy
will
transportation
of
National
list.
administration,
transfer,
the
costs
to be transferred
the
printouts
of
a transfer
in
archival
the
countries
most
records
be listed
should
on behalf
as an official
agency.
124.
records
to
phy-
see
Transfer and
a reading
COPY.
125.
In a number of of records are the
notarial
records
100 years,
prolongation agency
of
to retain
postponement
of
and
the
(Puerto Bulgaria
Rico
records transfer
and
USSR 40 years).
retention longer
period
general
USSR 75 years),
and
(Bulgaria
the
retention
from the
and
Romania
the
is different
Netherlands
records
-
countries
certain
retention
60 years,
civil
categories
period. France
registers
Apparently is
for
use
the
need
in
current
necessary
Examples
and
(France,
USSR 75 years),
the
period
is considered
for
the of
Poland
personnel reason
the
delay
for
this
creating
business. to
the
Sometimes access
- 68 -
to the
records. the power fidential
to withhold information
Archives.
/4
In Algeria, of
however,
records
to the of
for
transfer
with
of
the
Cameroon the
to the
records
courts
Apart special
its
with
nature
of
transfer
privacy.
of
a longer
may fix
instead
in
or to “the
are exempted
from transfer
to the
to the general
retention
records,
cases,
in
a government
of current
or inconvenient
business
to rely
to
borrow
documents
in
Malaysia
the
the
legislation
most
which
of
civil
and copies
from
director
archival
the of
the
for
for
would
Archives
the
kept
by
certain in
to retain
be impracticable
transferring
administration
National
to
exceptions
needs
allow
which
In
Archives.
prtiod
department
on proc’edures
foreign
attached
State
it
In
of
registers
provides
and where
/5
administrative
museums
departments,
term
20 years.
of
current
as exhibits
According
or shorter
records
the
an incontestable
are used
which
of
records
an earlier
or protection
50 years,
after
from exceptions
categories
has
interests of the State and the citizens”. records of the armed forces and the ministry
all
the
Minister
the
may accept
secrecy
of
respect
Belgium
government
Archives Minister
are transferred records
example,
records containing secret and confrom being transferred to the National
law the
affairs use,
for public
the
reasons
Bulgarian
defence
126.
Malaysia,
In
agency
For example,
/6. may defer
the
transfer where he is
satisfied transfer service
the immediate of any public
In some countries
the authorization
by the
responsible
United
Kingdom,
in
by the
archival
administration
(Malaysia,
Minister
Norway,
may be postponed
127.
For specific cribed.
types
According
and motion
that by reason of the nature of the records would unduly prejudice the administration or would not be in the public interest./7
pictures
Zaire
(e.g. even
of to
Coast,
is
Polish
lack
Sri of
sometimes law
of
the
be given
in
an earlier
after
Tanzania,
countries Archives.
Nat-ional
Lanka).
space
to
other
in
photographs,
to be transferred
has
Netherlands,
President),
by the
records
have
Ivory
Singapore,
there
the
deferment
or director
Poland, when
for
In the
Rumania
archival transfer
sound
transfer repository. is
pres-
recordings
5 years,
while
the
- 69 -
transfer is
period
15 years.
instead
of
In
Rumania
of
central
the
are transferred
photographs 30 years,
records
In the
records
conventional
normal
the
audio-visual USSR.
for
are transferred
after
15 years
TV-films
three
records
USSR machine-readable
after
pictures,
motion
government
and other
years,
as in the
are transferred
after
5 years. 128.
In some countries for
the
deposit:either
legal
or together
with
Dominican
Archives
(USA)
issue
be deposited
the
of
of
the
the
of
than
of while
the
central
do not of
public
in
the
State
10
Archives./
example,
public
bodies Archives bodies
whose
in the in the
in
the
capital
copies of
the
judgement.
whose may rule
extend the
autho-
State
keeping
keep
Archives the
extend the
nation-
archives
responsibilities that
nationwide
province
respec-
require
The General
for
the
records
of
to an archival
provinces
of
of
within,
responsibilities
whose responsibilities
Archives
week
provinces
to
purpose
copies
property
are competent
The Crown however
nationwide.
bodies
cases
specimen
has
the
some countries
in
in certain
for
government
extend
custody
National
State
and one
a’
coins
and
and
government
adoption
records the
those
their
shortly
one month,together also
councils
/8
Mexico,
and
history
receives
with
records
material
such
within
Department
Sudan
may be necessary
notes
the
town
National
In Mauritius
currency
and
the
Mauritius,
distribution).
Rica,
and
of
it
of
are Algeria,
archival
Netherlands,
archives wide,
public
of
other
for
deposit
containing
dealing
of
cases
Zambia,
Lanka,
non-conventional
Department
municipality
, one month
transfer in
Archives
Sri rcle
the to
the
stamps,
The Archives
The arrangements
rity
to the
Supreme Court
the
tively
129.
(prior
statement
issue.
minutes
Examples
the
an official
with of
in
for
postage
Costa
In these
/9
of
as in Cameroon, Madagascar,
restricted
place and
instances
publications.
publication.
every
is
statutory
as in Mauritius
place,
India,
In several matter
are the
library,
arrangements
the
Wisconsin of
national
3.2).
or to government after
only
Guyana,
in this
to define
the
the
Republic,
(see chapter
Archives
National
where
records be kept such
- 70 -
bodies
are established,
bodies
whose
responsibility
throughout
not
reversely,
and
over
extend
the
entire
a
-federal
archives
that
more than
be kept
country,
in
public
of
one province
the
General
but
State
Archives. The records in
different
under
parts
federal
or State of
of
the
archival
Kingdom, Office
affords
vation
of
of
the
found
of
the
ministry
of
Archives
in
for
In Yugoslavia for
the
reL3rds
of
and
the
interior,
the
and
foreign
defence
interior
defence,
the
excluded
from the
Federal Parlament the
State
Republic
of
jurisdiction of
the
the
the
Comparable
the ministries
Tanzania.
departments
transfer.
the
Federal records
the
transfer
to
Archives
the
National
is not
The ministries
Poland
are even
Archives.
In
of totally the
of the houses
archives of
of
ministries
the
records
Parlementary
a
France,
etc.
National
such
transferred
office,
in
that
are not
National
affairs
to the
to
and
for
from
foreign
Lord
deposit.
Botswana
President, of
Bulgaria
of
and France
exempt
Germany and Italy
are transferred Archives.In
the
the
PRO but
Bulgaria,
to
compulsory
the
affairs
In Belgium
transfer
and preser-
He may direct
arrangements
Belgium,
United
Record
or government
foreign
are also
defence
the
Public
public,
a place of
provincial
repositories
safekeeping
to
legislation
normal
the
matters
of
In
./ll
deposit.
not
offices
custody
branches
the
of
PRO to
from the
regional
by the
as a place
Germany and Italy.
ministry
Archives.
for
inspection
the
with
to the
outside
facilities
in
in
dealing
one or, two. ministries
National
Republic the
of
a place
their
produced
established
be transferred
exempted
The records
been
or from the
are
been
that
it
shall
some countries
have
to
and
deposit,
and
no regional
if
have
suitable
may appoint
provisions In
authorities
records
agency
may be transferred
appears
records
public
country
the
Archives
it
if
Canceller
130.
control
National
place
of
government
Internal
and not and
of to
- 71 -
Foreign
Affairs,
Geodesy
and
Central
131.
Affairs
State
Historical
not
apply.
of
sciences
of
the
and
10th
a) a 50 year for
a large
b)
a 30 year
Round
a 30 years
a records to
archival
One may question State
does academies
are part
however
recommended
two alternatives
the
possibility
of earlier
with
the
possibility
of deferment 12 / .
and
in
access
fulfilled
may burden
administration
countries
there
is
light
of
in the
particularly
authorized
period by the
period
to
through
destruction
of
the
use
value. whether
necessary
the
citizens
the
could
or by postponement of
records
transfer a limited
1. International
protection
to the
of
period,
Archives, when
of
be better
their
may be safequarded
Glossary
of
2. NATIS Guideline,paragraphs circular provided
of
records
the
attained
transfer
interests by delay
to the
more satisfactorily
on condition
of
by
restricted
necessary.
vol.
19,
has
been
pp.
nr.
480.
in
1968).
134-139. 139-145
amended
by N. Rosqvist,
Terminoloqy,
Archival
again State
(text in
as amended
1979 (no 679)cinformation
Archives,
Oslo).
of
Archives.
FOOTNOTES TO CHAPTER 3.1
3. Archivum,
:
alternative:
second
retention
retention
economy,
and earlier
the
many developing
30 years and
citizens
A shorter
are better
but
the
the
endorsed
has
that
centre,
records,
timely for
tasks
and of
The preservation
access
archival
the
period
which
of
with
13
period./
efficiency
lacking
their
of
universities,
archives,
the
Academy
retention
Republic
State
the
countries
examine
schedules
to
of
most
with
records
access
period,
retention
Archives
the
at
administra-
the
control
general
their
period,
retention
governmental
of
the
on Archives
Table
retention
of
need
especially
under
of
are kept
archival
The Polish
archives,
archives
the
however
Board of
Fonds.
interests
Legislation
real
General
the
number of records,
the
and/or
1944
agencies,
army keep
the
Archival
In 1967 the
the
up to
Archives.
their
and
own archives;
In these cases, the In the German Democratic
State
protect
Sciences,
their
government
to keep
administration.
Conclusion
Foreign
of
Sciences,
of
keep
may authorize
tion
Academy
Carthography
ministry
the
the
The
- 72 -
4. Akchivum,
vol.
20, p. 210.
5. Archivum,
vol.
28, p. 64.
6. NATIS Guldellne,
p aragraph
7. Archivum,
vol.
8. Pomassl,
Survey
20.
for
Guidelines
.
p.
of leqal
.
135.
210.
existinq
leqal
deposit
p aragraph
137.
Guideline,
paragraph
138.
11. NATIS Guideline,
paragraph
138.
10.
12.
NATIS NATIS
Actes des
de la
Archives,
13. Prasad,
dixikme pp.
confgrence 20-30,
The liberalisation
laws,
p.
90;
paragraph
leqislation,
GuidelIne,
9.
deposit
internationale
13.2.
de la
Table
82. of
access
and
use-,
pp.
Lunn,
137-138.
Ronde
- 73 -
3.2
132.
Deposit
Although
official
of
in
most
countries
is
publications
regulated
are some archival Because
legal
present
analysis
Library.
archives,
even
created,
Mauritius
both
for
legal
the
legal
archival
functions
National
Archives
of legal
all
government publications
Of every
two copies
official
are
so:
its
printed (before
In
Mauritius
deposit
function
Library
necessary publication
---
for
with
a copy
Sri
Lanka
and
Sudan.
year
Mauretania,
the
National
in
and
other history.
institutional
Archives.
Republic,
consisting
etc.,
Puerto
of
and Mauretania
library", books
) and
were the
Dominican
research
in
128
the
Laos
the
Ordinance
each receive
Coast,
in
Archives
Rica,
laws,
period)
printed
regulated
is
Countries
an "administrative
publications,
all
Costa
Ivory
contains
transfer
(see paragraph
of Bulgaria,
because
legislation
receive the
National Marocco,
the
be transferred
normal
this
the
keep
or in
Archives.
Archives
Ordinance.
form organi-
preserved will
the
printed
obligations
the
National
National
to
printed
in
some countries
the
Cameroon,
addition keep
records
Zambia
deposited
institution
institution,
legal
Department.
to
in
records
Archives
Archives
the
printed
institutions
In
Madagascar,
/l,
deposit.
some countries
In
permanently
In
deposit.
India,
obliged
kind,
deposit
the
only.
of the and
treated
other
and
Archives
of
with
are:
The National
of
books
them
These
the
publication
are by law
--
Zambia
Publications
Guyana,
any
publications
publications
135.
of
and
an archival
archival
pursuance
for
r6le
by an agency,
records.
provision
on legal
been
of
call
other
In
every
all
with
the
there'
provisions
Archives
and maintained business
printed
legislation,
already
National
/2.
government
treats
the
value
of
Printed
deposit
do not
in
other
and
deposit.
archival
a special
134.
they
books
contain has
National
with
of
archival
to the
Evidently if
of
together
which
legal
the
or individual
their
the
legal
is
received
transaction of
the
deposit
National
zation
of
is with
legal
outside
is restricted
In a few countries the
deposit
legislation
place
publications
legal
legislation
deposit
as a possible 133.
publications.
Rico
and
Zaire
The Mexican
the
- 74 -
National
Archives
receive
copies
all
of
promulgated
laws
and
regulations. Conclusion
136.
It
a primary
is not
for
as a place
legal
published
material.
between
governmental
ted
form.
of all
This
function
deposit
of
an archival
of
books
Sometimes
is
publications
may be a reason
government
it
institution
and other
difficult
non-archival to draw the
and governmentto provide
the
55-59;
Pomassl,
serve
to
line
records'in Archives
prin-
with
a copy
publicationa.
FOOTNOTES TO CHAPTER 3.2
1.
NATIS
Guideline,
leqal
deposit
paragraphs law;Lunn,
Guidelines
for
leqal
Survey
of
deposit
existinq leqisla-
tion.
2.
Cf.
International
Glossary
of
Archival
Terminoloqy,
nr.
370.
- 75 -
3.3 Preservation. 137.
may be defined
Preservation storing In
mulated
archival
as archives, Archives.
138.
this but
some legislation
archival ments
shall shall
keep
General
the
arranged
suitably
Archives
in most
cases
this
microfilming that
Other
by the
records
the
to regulations.
left
that
mentioned.
the
management
examples
State
of
charge
prescribes
docu-
and
proper
in
historic-
the
(Czechoslovakia),
their
assures
“archival
include
and classified”(Netherlands)
Ordinance
more
in
especially
states
State” in
is
as well
National
elaborated is
which and
(Algeria).
be protected
of the
is
is
to records
applicable
clause
of
may be for-
function
responsibilities
preservation
the
patrimony
bodies and
clause
function
1
archival
general
security
general
protection,
the
either
or as one of the
provisions,
The most
archival /
this
clause,
Sometimes
detailed In
legislation
a general
in
basic
records/archives”.
and protecting
current
as “the
“Public
condition
. /2 The Swedish
:
Archives shall be kept and handled with care. Special care shall be taken to ensure that they are protected from moisture and fire as well as inaccessible for unauthorized persons. An authority which proposes to build new archival premises or to alter existing ones shall make its plans available for the scrutiny of the archival authority before adopting them. The opinion of the authority shall, when possible, be sought when hiring premises for archival purposes. When moving an archive to new or altered premises, the archival authority shall be notified. /3 Comparable
regulations
The Rumanian
constructed must
law
exist
in the
that
records
states
repositories
be furnished
with
Netherlands. should
or in specially adequate
be kept
buildings,
adapted
systems
for
in specially
preservation
which and
fire
prevention. 139.
In
most
countries
Archivist
is
of
archives
public
the
one of
the
responsibility under
his
functions
for control
assigned the
to the
preservation
(see chapter
National and
security
1.5).
-_.
-.---.----
__ -.__ - .- .
- 76 -
In
the
United
States of General Services shall provide for the arrangement, repair and rehabilitation, dupliand reproduction (including microcopy publications) records . . . transferred to him. /5
The Administrator
preservation, cation . . . of Such the
Bahamas,
law
of
Puerto
use
of
a vacuum
One of the
Botswana,
servation,
has
records. security
Security
(Federal
and
Poland of
researcher
Public
of
the
colleagues
in
Kenya,
authorized
to
make special
films
ditions. the
and
In the
National
archives
other
Record
be carried
centrale
per il
in the
restauro,
regulations
legislation and
for
the
provided
Office
Tanzania
(United and
arrangements
records
legislation
to be repaired
must
Ministry.
the
example,
is preferably
Archivist.
are an Instituto
Germany1 Rumania,
Lesotho,
Archivist.
and books
and in the
records
handle
USSR.
with
for
LowerIn Bulgaria
reproductions
documents.
The Keeper
of
of
microfilms.
State
the
Centrale
of
for
archives
original
the
of
and an Instituto
is mentioned,
to
of
importance
the
allowed
there
of
security
of
charters
Administration
Republic the
of
In Italy
/6
microfilming
Saxony in
repair
Archives
and security
approval
without
con-
State
stresses
are not
Central
the
further
USSR
and to
Swiss canton
evacuation
in’Graubunden
and
by the
the for
documents
the
preservation
SpanishL ecclesiastic
instead
141.
of
of
of
of
and methods
needed
for
and photography.
Directorate
and the
de1 libro,
patologia
part
both
the
inI2aubtinden
by professionals”.
per la
means of preservation:
systems
Archivist
of
The archival
Lanka.
and protection
The law
seals
Sri
General of
precautions
of
and
Archivists
encapsulation
the
to take
or otherwise,
chemicals
National
and machines
The State
governments
“Conservation
140.
use,
the
different
development
microfilming
The lower with
of
the
matters.
Ghana,
lamination,
materials
. of
Graubtinden
out
chamber, is
to
numerates
even
restoration,
these
vital
Gabon,
responsibilities
make a list
of
Rico
Archives
State
for
is assigned
a responsibility
which of
is
have Lesotho,
specifically
or bound
for to
Kingdom),
Tasmania the
be kept
(Australia),
separate under
authorized
to
dealt’with
is
housing
special
Singapore,
Finland,
or otherwise
as his
conand
cause
Zambia
any
as he may
- 77 -
deem necessary
prescribes
Conclusion
142.
for
that
the
archives
the
and protected
against
The attention
paid
is
inversely
forming
by current
the
are, for
basis
a comprehensive
thereof.
building
inundations
proportional There
function.
due preservation
archival
however,
legislation
importance
some good
more detailed
be isolated,
of
Laos
well
of
examples
regulations
programme
to preservation this of
basic
archival
legislation
or instructions
(Sweden,
United
and
States,
FOOTNOTES TO CHAPTER 3.3
1. International 2. Archivum,
Glossary ~01.28,
translation
in
3. Archivum,
vol.
4. Archivum,
vol
Archievenblad,
p.
of 115;
Nederlands 28, pp. 19, pp. vol.
Terminoloqy,
Archival
Archivum,~~vol.
19,
Archievenblad,
vol.
nr. p.
364 (1).
52 (English
75 (1971)
p.2).
374-375. 63-66
75(1971)
(English pp.
5. Archivum,
vol.
21, p.
87.
6. Archivum,
vol.
28, p.
361 (author's
locked
fire.
and
to the
preservation
should
The law
translation
16-18).
translation).
in
Nederlands
USSR).
- 78 -
3.4 143.
Arrangement
The arrangement the
of
been
said
archival
administrative
in
preservation,
ning
applies
is elaborated
in
matter
3.3
of
about
the
formulated
the
them
legal
States
aids./’
concerThese
clause,
as one
Sometimes
this
clause
provisions.
2 of
federal
finding
and description.
Archives.
as
by
provisions
the
archival
Dutch
law is
public bodie s shall keep the records in their condition and suitable arranged and classified. The United
in
in a general
National
more detailed
article
control,
intellectual
to arrangement
also
are mostly
functions
On this
and
may be defined
by describing
chapter
responsibilities
the
archives/records
of
archives/records,and
the
What has
of
and description
establishment
organizing
144..
and description.
legislations
prescribes
very
general:
charge
in
proper
/2
:
The Administrator of General Services shall provide for the preand exhibition of records servation, arrangement, . . ..description. or other documentary material transferred to him as may be needful or appropriate, including the preparation and publication of inventories, indexes, catalogs, and other finding aids or guides to facilitate their use. The
Records
Public
Act
of
the
/3 Kingdom
United
says
The Keeper of Public things as appear to the utility of the a) compile and make dars and texts of,
Records shall have power to do all such him necessary or expedient for maintaining Public Record Office and may in particular : available indexes and guides to, and calenthe records in the Public Record Office. /4 sane type exists in the Bahamas, Botswana, Gambia,
Legislationof
the
Hungary,Kenya,
New Zealand,
Singapore,
Sri ,Lanka,
(Australia).
To cite
Nigeria,
Tasmania
Rico,
(Australia),
Victoria
the
Puerto
Quebec
Tanzania
example
(Canada),
and Victoria
:
The Keeper preservation
of Public Records shall be responsible for : (a) the and security of public records under his control ; the logical and orderly classification of such records and publication of lists, indexes and other guides facilitating
(b) the
their
use....
The Hungarian have
to
make accessible
arrangingand by making
/5 legislation
describing finding
aids
stipulates for
research
them and
that
archival
the
archives
according
assuring
other
to scientific conditions
institutions; in
their
custody“
standards,,and
for
research.
by
- 79 -
145,
The universal
principle
USSR legislation
for
archival
laid
down
in
the
the
State
by the
Archival
Fonds
archival Archives
National
of
institutions
the per
prescribe
fonds,
also
that
archives shall be arranged individual archive
catalogued in such a manner that each kept together adhering to the order that of the organization and activity of the
and
is was created as a result records creator. 7 / 146.
is
:
The documents belonging to USSR are kept and arranged collections and units. P The instructions for the Swedish the
arrangement
A Bulgarian
ordinance
says
The structure of the fonds of the archives shall be defined by the Head of the General Board of the Archives on the proposal of the Coordinating Methodical Council at the General Board of the Archives . . . The order of collecting, classifying, preserving, scientific-technical researching and processing and exploiting the archival documents of the State Archival Fonds . . . shall be determined by an instruction of the Head of the General Board of the Archives . . . The documents of the State Archival Fonds shall be grouped in epoch and types. The distribution according to epochs shall be done by observing the principle of the indivisibility of fonds and of the complexity of fonds ... /8 147.
In the
the
Democratic
German
functions
regulations archives.
the
of and
In
Republic,
General
instructions
the
Swiss
the
USSR and
Directorate of
Archives
the
arrangement
on the
canton
of
countries
other
and
is
one
of
to issue
description
of
Geneva
are arranged according The archives annexed to the present regulations of provenance. 9
to and
the classification following the
scheme
principle
/
The Geneva
regulations
the elaboration research
of
register
countries. of
the
President
and
updating
analysis
of
of
inventories
documents
to
and facilitate
:
PO
provision In
regular
or bundle should bear a reference number. The docueach bundle should be numbered. All documents ... stamp of the State Archives.
within ments must bear the last
for
repertories
and consultation
Every
This
call
is
Mauretania of
--
the
found
the
in
the
legislation
classification
Republic.
In
of
is
scheme
Lebanon
..________-.. --.-
and
a number of other
in
fixed
by order
Liechtenstein
one
- 80 -
of
responsibilities
the
agencies,
public
of
for
example
royal
148.
in
Poland
and
decree
in
Belgium
of the
The legislation the
regulations
developing
inventories
arrangement
tions
concerning
cribe
:
of
and municipalities
many countries
In
the
and the
for
Croatia
in
ordered
State
Archivist
National
institutions
and classification.
sible
the
the
in
Archives
arrangement
to assist
the
arrangement
the
is
Council
respon-
and description, As early
(Yugoslavia). the
is
as 1834 a
and distribution
publication
for of
Archives.
Dominican
description National
Republic,
Greece
to a rather Archives
of
full the
and extent.
Dominican
Spain
treat
The regula-
Republic
pres-
To classify a document means to determine to what fonds it belongs and with which other documents the document in question forms a whole, in which fonds it should be kept integrated. Each fonds should consist of as many divisions as indicated by the proper nature of the fonds as well as by the inner organization of the Archives. The documents having been classified they can be arranged. For the arrangement of documents the archivist has to bear in mind that it is imperative not to undo the fonds to which a certain document belongs, which moreover, should not in any case be separated from its fonds e.g. for reasons of alphabetical or chonological arrangement. Instead, the archivist should in every possible way try to keep the original fonds intact and, only arrange it as his own experience will dictate. Once the documents have been arranged, the next move is the cataloguing. This operation consists of two steps: a> inventorying and b) cataloguing in the strict sense. To make an inventory is to classify the files of each fonds section by section; and the cataloguing, properly speaking, is the succir& but nevertheless complete description of each and any one of the documents of every file. For each fonds an inventory is to be made of the files it contains, with its own designation and then for each file the catalogue should be composed in correspondence with its documents. P The regulations for the General State Archives of Greece say The documents transferred to the National Archives are arranged per fonds, divided into groups, each of which constitutes a parallel number of files. A special repertory is made up for every fonds. At the decision of the Commission a scientific inventory, giving names of persons, places and subjects, is made. For each file ainventory in two copies is made; it comprises a summary of the contents, the state and the number of documents with the file.,12
- 81 -
Since
1901
regulations
the
a classification and other
Conclusion
149.
In
schema finding
description
legislation
has
description. main
expect
Normally
it
principles,
would
particularly
in
records/archives
of
and machindreadable
audiovisual
1.
Cf.
International
2.
Archivum,
vol. vol.
Glossary 19,
p.
75 (1971)
of
are countries
of
be left
where the and
to
down only
lay
character
special
1
of
requirements
records/archives.
Archival
Terminology,
translation provision
applies
Archivum,
vol.
21, p. 87.
4.
Archivum,
vol.
17, p.
185.
5.
Archivum,
vol.
28, p.
54.
6.
Archivum,
vol.
28, p. 340 (author's
7.
Archivum,
vol.
28, p.
8.
Archivum,
vol.
28,
9.
Archivum,
vol.
28, p.
356 (author's
translation).
10.
Archivum,
vol.
28, p. 357 (author's
translation).
11.
Archivum,
vol.
28, p.
167
(author's
translation).
12.
Archivum,
vol.
17, p.
211 (author's
translation).
13.
Archivum,
vol.
17, pp.
in
nrs.
Archieven-
to archives
as well.
translation).
67.
96-97.
_-
.~
35, 131 and 187.
Nederlands
379. 66 and
in
to arrangement changing
as the
3.
pp.
creating
the
would
sufficient
view
as well
52 (English p.Z).The
been
and
responsibilities
attention
have
catalogues,
arrangement
provisions
there
considerable
devoted
prescribe
inventories,
for
specific
but
Archives
by assigning
detailed
that
modern textual
blad,
.-
frequently
instructions,
and
of
a basis
Archives
National
One would
to regulations
the
the
State
types
provides
of records/archives,
matter.
this
legislation
and/or
agencies
Spanish
the
and different 13 /
aids.
countries
most
for
--.-
- 82 -
3.5 Access. 1513.
Access
the
. is.
as a result
and use of
finding
aids.
in
chapter
3.4,
subject
of
works
practice,
a cumbersome
terms
whether
of
makes
any
(i>
access
(ii)
(a)
from the
(b)
when
a certain In
both
(i>
access
(ii)
limitation
of
the
above
on access
(a)
the
(b)
protection
of the
every
material
/'Contrary to archives the
law,
in
some countries
is
in
practice
granted
to public
records
to an archival
concern
institution
is with transferred
creation a certain
age (access
date)
after
sometimes
of
citizen./' "freedom
there
will
elapse
of
which
would
access) of
privacy
the
concerning
be exceptions
normally
to records/archives
condition
be-closed
normally
which
on account
records
or national
would
of
/archives,
or
security
(security
private
archives.
or by the
imposed
and liberty
constitution.
are under
cases
(restricted
Cc> conditions
freedom
and
of
on access
records,
to records/archives
classification)
The
the
time.
be accessible
152.
transferred
to
treated
procedure.
of their reached
have
letter
the
access
or not
whether
moment
they
only
the
is
how access
example,
transfer
the
Thus,
to records
from
For
is
aids
by M. Duchein.
also
legislation
or not
difference.
access
reviews
lengthy
between
finding
information
RAMP study,
accessible, and
existence
to records/archives
may deviate
are legally
of
More detailed
Mr. Duchein
One may distinguish in
access
consultation
and the
by means
another
which
for
authorisation
or positively.
archives after
legal
chapter. in
study
negatively
only
of
Accessibility
are given
in
where
151.
/l
present
present
either
both
records/archives
of
whilepfysical
the
guidelines
to the
availability
of In
access
Spain
In a number
the of
of information"
donor
of
to archives right
of
countries legislation
a right
constitutes access
all
(or
is
laid
down
some) public
in principle
in
records
accessible
- 83 -
from the
moment
Freedom
of
Information
of
their
explicitly
contain
In many countries age before
may be consulted
Botswana,
Cameroon,
30 years
in
Bahamas,
France
Office), Lesotho,
40 years
Austria
50 years
Czechosla/a.kia,
legislation and
originating
The access
records
for
Most
inspection.
to transferred reached
have
and
Zambia
Lanka,
United
archives. a certain
Kingdom
(Public
Tanzania
Archives) Coast,
date
some records
Liechtenstein,
records,the
for
after
120 years.
An access
ments
concerning
the
scale
of
access
dates
the
Zaire),
are accessible
Netherlands, but
one
period
of
should the
40 (Italy) earlier
categories
different
after
retention
or 50
under
date
Freedom
privacy
or the
are listed is
found
in
of
Germany,
San Marino,
archives
are accessible
after
records,
and
other
RLynania,
privacy
personal
the
for
or the
and files) docu-
national
A comparable
(Denmark,Federal
legislation
with
and
records,
decree.
Zaire).
In
judicial
prescribed
security
a special
25 years,
concerning
is
national
in
archives.
statistical
100 yearssand
60 years
of
of
150 years;
and
daCa,after
Republic
documents
Marino,
registration
personal
they
mentioned,
countries
are accessible civil
containing
, provided
is
Japan,
years.
may vary
records
defence
date
30 (San
is
Italy,
Gabon,
no access
legislation)
medical
notarial
open
Ghana, Ivory
in some of these
but
Information
France
Zaire
agencies
(Netherlands of
of Andorra,
mind that
in
Tanzania,
Nigeria.
San Marino
bear
Kingdom,
before
Kenya,
Denmark,
States./4
public:
(Federal
Switzerland
United
were accessible
access
Israel
India,
United
must
Sri
the
(draft
with
by the
/5,
Gambia,
35 years
In the
of
archives
in
Madagascar,
remain
the
and
France,
principle
the
20 years
Record
153.
will
however
they
France,
records
that
Australia
example:
Canada,
to archives
laws
for
Botswana,
states
transfer
archival
Bill),
(Algeria,
Some legislation Zambia)
creation,
their
In
Algeria
eweption
(50 years).
the of criminal
The access
date
- 84 -
in
Cameroon of
diplomatic Italian
archives State
archives
154.
are all
concern
the
records
is
on access
restricted
to search
no right
of
research
scholars,
In India
Republic,
in writing
he wishes
Federal
Republic
the
searcher
must
or rights against
to
, if
Local
of
Luxemburg,
and
to be free
of
State
people
and
of
archives,
In Nigeria
given
bona
in
the
Germany the
has
request the
Austria,
In
infringe
State
to
apply
also
German Democratic not
the
to
some countries
(in
has
Federal
In his
to be specified.
he will
legislation.
the German Demo-
archives.
the
is
fide
In the
searcher
the
there
searcher
interest). Bulgaria,
in
the
act;
to
are listed of
have
Government which
In
Republic
any copyright
has to be safeguarded
thereof
may require
the
charge,
Geneva
_
payment
of
liable
to inspect
the
therefrom
in
consultation
interest
Australia
consultation
a charge.
In
doing
archives
of
scientific are
free
of
consultation of
countries
so.
Laos,
and Mauritius
In
a
is
(Switzerland),
the
general but
Kingdom
inspection,
or extract
research. of
United
entitled
declare. in
the
to
Czechoslovakia
scientific
free
open
Gambia,
and otherresearch
also
in
person
any
Belgium,
charge.
Act is
the-Netherlands
San Marino,
records
only
research
Austria
or to make a copy
is
is
inspect
that
he obstructs
The legislation
archives
of
liability.
of. a document.
in
an ex qratia
Germany and the
In
custodian
research
to
declare
to the
document
of
remains
San Marina)
consult)
of
According a fine
the
the
categories
(a lawful
of the
to
on privacy. any
life
terms.
example,
a permission
the
in
of
general
Republic
and
and purpose
subject
private
which
Interesse”
Poland
for
documents
of
Germany (as,for
of
and
exception
the policy
specific
access
Federal
the
a “berechtigtes
cratic
in
categories
of
to
archives
the
search.
some states
military
(70 years).
sometimes
permission
Republic
with
which
from restrictions
prove
accessible,
and
those
for
The archives
files.
or domestic
criminal
access
155.
Archives
personnel foreign
the
the
for
and
to 70 years
extended
to the
years)
In
is
pertaining
(50
Apart
25 years
charge, of
machine-readable like
the
- 85 -
the
Federal
lity
156.
imposing
of
Generally, but
sometimes
In
research
would
purposes
158.
the
of
restriction.
certain
old,
Archives
Council,
authorize
years
with
or for 159.
In Andorra, the
According accessible
general
mostly
for
Cameroon,
with
the
advice
Liechten-
birth
date
data of
of)
purposes
Austria,
the
permission the
(personnel
Cameroon,
depends
to Danish
limit
concerned.
files
Canada,
Germany)
Earlier
creating
for
agency,
or his
Rumania, of
and the
Furthermore.
to
successors,
Switzerland
creating of
100
access
excepted).
some categories of 50 years.
may scientific
inspection
concerned
on the*permission
legislation the
person
for of
for
the
the
Archivist,
Republic
of
for
Algeria
In
archives
are closed person
which
are more than
National
closed
impose
may grant
privacy
agrees.
the
to
Minister
the
documents
(Federal
Westphalia
entitled
may be general
agency of
cases
concerning
the
normally
of
who is
where
that
creating
permission
before
the
special
derogation
provided
with
dispensation
1939
and
from 1939 to 1949.
under
in
data
This
personal
scientific
France,
is
old.
be granted,
the
from before
Austria,
same authority
statistical
inspection
the
(Algeria,
the
containing after
Federal
may be granted,
that
Nordrhine
may however
(or
and
the
purposes.In
for
groups,
30 years
(Austria,
dating
may be exempted
by the
100 years
archive
archives
access
not
than
nationals,
which
inspection,
An example but
are less
with
to archives
- to archives
research
mostly
derogation,
possibi-
Zaire),
The restriction
(derogation),
exists
access
crimes
scholarly
the
and.Switzerland).
only
for
Switzerland,
stein,
rights
to records/archives
be closed
of
access
equal
have
on Nazi
leaves
consultation.
Yugoslavia,
access
legislation
reciprocity
when
Germany,
In some cases rule
for have
foreigners
Poland
- for
a fee
only
of
Germany the
of
foreigners
Republic
157.
Republic
archives the
agency.
are National
- 86 -
Archivist the to
160.
archives give
Netherlands
(if
The permission
creating
from a dispensation
has
the
in
Nordrhine
person
data
(Federal
Westphalia
Netherlands,
New Zealand,
Zambia
Zambia)or
and
this
authority
the
has
submit
moment
his
Germany, of
the
transfer)
the
Japan,Luxemburg, Netherlands
restriction advice
of
the
access.
to approve
any
Democratic
Republic,
for
legislation
of
Fiji,
any
Council
Mauritius
to restrict
decision
to refuse
to
agency of
and the
for
has
creating
the
in
may ask
The legislation
a decision
that
agency
Lanka
Archivist. Fiji,
In Cameroon and
Archives
access.
France,
against
prescribes
Sri
(Public
In Botswana
himself
Poland.
creating
the
In
restriction
appeal
and
Kingdom
National
Archivist
In Cameroon the
a restriction.
on such
provide.
of
the
Archives
the
(Zaire).
to
National
for
United
President
Mauritius, head
of archives
responsible
Tanzania,
by the
con-
Germany).
of
minister
by the
archives
inspection
may be delegated
may be restricted
Iceland,,
In
to of
consult
Republic
(Botswana,
Office),
to
to the
may lead
by the
duly
case
agency
Republic at
concerned
may be restricted
in
Federal
has been prescribed
of the
personal
Access
in
inspection.
Access
and
but
the
Archives
this
old
records,
Switzerland.
in
Record
163.
25 years
who profits to the
taining
162.
to more recent
than
for
permission
publication
in
access
are less
The researcher
and
161.
may grant
a give has
the German
Netherlands access.
French
access
must be
motivated.
most
countries
be refused. the
Netherlands,
not
consultable
New Zealand The Chief
This
access applies
to archives in
Geneva
New Zealand, because
of
and lack
in
(Switzerland), Poland
of
bad material
also
arrangement
co.ndition
Israel, to
archives
Madagascar, which
and description.
Law states Archivist
may refuse access if he considers co dition or pending their
on account of the fragile repair or other treatment.
/
2
may
it ne classi
are
The
- 87 -
may be offered
Duplicates
Australia,
in
are only
Israel,
consulted
scientific 164.
for
the
archives
consultation
Coast,
Luxemburg,
is
the
cause”
documents
of
the
National
searcher
According over 126).
his
constitutes In Bulgaria
allowed
to
Without
the
In
three
it
is
approval
access
Botswana
to perform the years
creating following
of
grave
Germany). “any
The
condi-
may be denied
archival
when
research.
agency the
on access.
good
any
raises
may impose
access
general
‘ifor
consultation
to
priority
has
transfer,
(See also
which,
paragraph
not archives service,for the of original negatives,single duplicating film, photocopies, single means of reference, pertaining to all
make use,
and scientific of documents.
Rather
Republic
Poland,
an restriction
outside of the or propaganda,
purpose of production duplicating negatives, copies kinds
of
inability
for
of
(Ivory
much work
be too
Republic).
aim
legislation,
researchers
would
Federal
on access.
to Bulgarian
other fact,
the
Republic),
administration”
to withhold
Archives
manifests
it
are needed
they
German Democratic
the
Democratic
or “when
Poland),
or restriction”
the
“inconvenience
archivist
originals
or when the
when
Germany,
or if
originals
the
(Yugoslavia)
be refused of
(German the
of
originals.
of
(Nordrhine-Westphalia,
Director
in
of
(Fiji,
objections”
tion
Republic
Madagascar),
authority
the
inspection
would
place
In Kroatia
may also
(Federal
in
are no reproductions
there
for
of
or if provide
when ask
State
Japan.
and
method
Consultation
to researchers
/7
of
Archives
the
Bulgarian
citizens
have not the right to transfer to foreign establishments, organizations and private persons copies of documents or information on documents of the State Archival Fonds. /8
165.
Protection in
most
of
privacy
countries
(or
the
a reason
honour
to refuse
Legislation
concerning protection 9 In countries records/archives. / Germany,
Republic
of
archival
legislation
protection
of
the
and
legislation
protection
a person
consultation
privacy the
access
to
the
Federal
Canada,
relation
is
records/archives.
may affect
on freedom
currently
or a family) of
Australia,
like
Netherlands
and
privacy/data
of
of
between
of information/ is a matter
of
concern.
- 88 -
In Fiji
and
New Zealand
authorization
of
Justice.
Criminal
but
Secretary
the
166.
of
containing
personal
Protection
of
foreign
which
in
167.
The person
Republic
Nigeria,
Poland,
restricted
does
consult
168.
the
One of ting
the
be warned
In
only
protection
less
donated
elements
no exact
the of
access
Current
Archivist
(in
ves
which
would
ves
which
normally as strictly
matter
picture
date
is
of
the
be closed, be accessible. as possible.
is
70 years!
old,
but
real
property
of
who wishes
access
the
concerns
legislation
to
on freedom
to grant
or to restrict These
of
lapse
legal
uf a
information/
access
affect
autliorizes
of
situation.
by the
may also
regula-
should
an analysis
actual
determined
Minister)
authority
this
legislation of
legislation
some countries would
the
Netherlands,
owner.
archival
of
10
service
concerning
that
by a former
protection
archival normally
of
/
Slovania
Italy
on documents
Legislation
years.
(in
in-
Czechoslovakia,
(Canada),
The student
in
archives
In San Marino
acquirer
the
privacy/data
archives.
formulated
affect
access, of
Liechtenstein,
30 years
than
on access
give
number of
Zambia).
especially
will
Israel,
of
legislation.
(Botswana,
Saskatchewan
records/archives.
many countries
specified
Italy,
defence
declassification,
archival
a public
on access
Germany,
basic
that
the
Classification etc.,
the
to
of
restriction
of
confidential, outside
San Marino,
to
earlier
records
closed
stated.
archives
his
documents
access
texts
regulated
of
most
50 years,
interests
the
explicitly
restrictions
not
normally
reason
main
secret,
a restriction
property
other is
to archives
Italy
of
Germany and in Poland
of
and
Switzerland,
(Yugoslavia),
Conclusion
is
impose
Federal
Republic
for
may permit
Affairs
security
the
who donates
may also
in
is
secret,
down-grading
Internal
with
Minister
the
are closed
opens
national
the
as top
or,respectively,
concerned
legislation
most
accessible
data.
policy
formation and
person
the
for
Federal
the
are only
San Marino
in
of State
permission
and
Justice
records
In
consultation.
Chief
the
records
judicial
the
National
access access
exceptions
to records/ to archi-
to archishould
be
- 89 -
FOOTNOTES TO CHAPTER 3.5
Glossary
1.
International
2.
M. Duchein,Les
3. Bautier, 4.
obstacles
Principles
International
The
archival
problems
formation
of
Freedom of
leqislation, on Archives
arising
from legislation
information
214.
7. Archivum,
vol.
28, p.
70.
8. Archivum,
vol.
28, p.
71.
view, 10.
for
See, of
should
the
2 and 4.
Archives
freedom
of
in-
under
date
on data
which,
protection
provides
from an archival
point
of
be kept.
President
Order
Executive of
(included and
on
an earlier
at
Legislation
of information
example,
Information
on the
a study
legislation.
21, p.
destruction
46.
is planning
are accessible
vol.
for
nr.2.
protection.
however,
See footnotes
p.
Council
6. Archivum,
9.
Terminology,
a l’acces.
of
and on data
5. Some records,
Archival
Records
the
United in
Basic
Service,
No. 12065 (43 F.R. regarding
States Laws
and
May 1981,
241-257).
of
3 CFR)
Security
National
authorities pp.
28949;
the
National
- 90 -
3.6 Reproqraphy. 169.
Reprography
covers
form of
any
radiant
processes. (see
/l
right
170.
that
a document
right
of
archives
is
treated
determina-
(the is
what
it
reproductions
of
and
copies
excluded
Netherlands
in
most
and
the
legal
from the
publication
everyone
has
or reproduction
of public
consent
of
the
In most
countries functions
Botswana,
of
and is
of texts
is
making
and
copies
Archivum.
archives
free
or extracts
or extracts Singapore,
forbidden
matter
such in
to consult
access.
from
made at
publication
however
without
their
written
Archivist.
National
the
Malaysia,
archives
on the
of
some
on copyright.
on this
legal
copies
of
provisions
copies
in
some coun-
right
provisions of
of
copies.
and,
admissibility
reproductions,
such
with
the
regulations
right
the
in
contain
cases
to make reproductions
or to have
customers
included
legislation
to reproduce
reproductions.In
of is
authorized
authentication
the
laws
because
In
the
works,
form of an intel-
a document
is
archival
of
own expense”./5
of
concerning
to copy
of
of charge’land
172.
of
of
exclusive
reprography
to furnish
and
admissibility
difficult
been
In the
the
authentication
Archivist
legal
current
authentication
them,
custody
number
An analysis somewhat
is, and
admissibility
legal
National
exist
the
a limited
have
his
provisions the
Only
the
matter
reproductions intellectual
that
legislation the
to archives
are also
the
or a reproduction
the
in
legislation,
tries
sell
and
archival
and
of access
copyright,
of
printing
and office
make or order
to
using
/
document
Special
right
archives
most
processes
duplication
the
concerning
to be) /’ 4
In many countries any
171.
current
provisions
as evidence.
But
p ublish
special
purports
all
garantuee
to reproduce,
tion
and
the right
documents.
work/‘In
and microcopying
countries
by a legal
lectual in
energy
3.5) includes
archival
protected
copying
I n most
chapter
the
all
delivery the
keeper
and of
authentication a public
archives
of
copies
service
is
one
(National
- 91 -
Archives)
for
(see
the
In
case the
of
all
Rumania
record
(like
in
France of
copies
maps on the
and
extracts
of’ the
provisions
same scale
records
keeping
rights
the
are special
there
organizations
concerns Quebec
In copies
certifications,
produce
wick
1.5).
authentication
original. to
chapter
are compelled
their
of
as the
records,
applicant.
In
in
New Bruns-
,Canada)
Archivist on copies of public The signature of the Provincial records is proof of the fact that such records exists and are lawfully in his possession and any copy so signed and certified is equivalent to the original recogd and any copy bearing such signature is deemed to be so. / In
Netherlands
the
issue If
keeper
records by the
173.
In law
is
as date
State
trained
keeper
or certified
copies
the
every
extracts
a town
clerk,
from before
Archivist,
Bahamas,
Botswana,
archives
public
from the
the
have
the
to
town
or senior Malawi,
is
records
authorized
in
his
made by him from
copies
1700,
unless
as a middle-grade
the
of
be visaed
clerk
to
custody.
such
and initialled
himself
has
been
archivist. Nigeria,
as in
Sri
Lanka,
the
says, A copy of or an extract from any public archives or any private document or manuscript deposited in the National Archives purporting to be duly certified as true and authenticated by the Director or any other officer authorized by him in writing for the purpose and having impressed thereon the official seal of shall be admissible in evidence in any the National Archives, proceeding in any court in like manner and to the like extent as the original document or manuscript would have been admissible. /7
Comparable (Canada),
Liberia,
provisions Tanzania,
as in
the
exist United
United
in
Kingdom
States
Ireland,
e.g.
(Public and
in
Rumania, Record
Puerto
Saskatchewan
Office).
In
Rico;
Whenever records that are required by Stat&et0 be retained indefinitely have been reproduced by photographic, microphotographic, or other processes, in accordance with standards established by the Director General, the indefinite retention of such reproductions will be deemed to constitute compliance with legal requirements for the indefinite retention of such Such reproductions shall have the same legal original records. status as the originals thereof. /8
- 92 -
174.
The Wisconsin ments
for any
(United
the
States)
reproduction
provided
records
reproduction
photographic
record
of
statutes shall
contain
procedural
require-
: be deemed
an original
:
device used to reproduce the records on film is accurately reproduces the content of the original. That each reel or a part of a reel of microfilm carries the beginning a title target giving the name of the agency, brief title of records series, the disposal authorization number assigned by the board and at the end the camera operator’s certificate showing the disposal authorization number, of record series, a brief description reel number, brief title of the first and last document on the reel or part of reel of film, together with a statement signed by the operator subI certify that I have on this . . . day stantially as follows : of . * . , 19.. , photographed the above described documents in accordance with the standards and procedures established by s. 16.80. c) That a statement shall be filed with the board that the reoroduction js upon film which complies with the minimum standards of quality for permanent photographic records, as established by the board, and that the fiJm was processed and developed in accordance with minimum standards established by the board. The certificate of the operator and the statement of compliance shall be presumptive evidence that all conditions and standards prescribed by this section have been complied with.
a) one b) at
That
the
which
Any photographic reproduction meeting the requirements of this in lieu of and have all the section shall be taken as, stand effect of the original document and shall be admissible in evidence in all courts and all other tribunals or agencies, adin all cases where the original doministrative or otherwise, cument is admissible. /9
In Jamaica If at any time after a record in a register book has been certified under subsection (1) of this section, or after a copy of a record has been certified under section 36 of this Law, it shall be discovered that a clerical mistake has been made in the copying of the record, or of the office copy, the Keeper of the Records, after such examination and enquiry as he may deem necessary, shall direct the Deputy Keeper of the Records to correct such mistake, and the Deputy Keeper of the Records shall thereupon correct such mistake in the record, and in any office any such mistakes, words copy produced to him, but in-correcting originally appearing in the record or office copy shall not be erased or rendered illegible and the Deputy Keeper of the Records shall be certify under his hand upon the corrected record and office copy, that the correction was made by the direction of the Keeper of the Records, and shall state the date when such correction was made, and such correction so certified shall be read and received in evidence as part of the record or office copy. /l(
.-93-
175.
In
Botswana,
Tanzania,
and
Zambia,
the
law provides
archival
that
Where any work in which copyright subsists or a reproduction in any public archives which are of such work, is comprised open for public inspection in accordance with the provisions of this Act, the copyright in the work is not infringed by the making or the supplying to any person, of any reproduction of the work by or under the direction of the Director: provided that, in its application to any archive obtained otherwise than by transfer to the National Archives in accordance with section lO,the foregoing provisions of this section shall have effect to any express terms or conditions under which such subject archive was obtained. /11 The archival and other
legislation
countries
reproduction
any person
Zealand
sited the
Conclusion
176.
the
in
source
Current of
state
shall
Office that
the
on evidence.
reproduction
and/or
of
standards
publication
in that
the
legal
depo-
publication
is
treated
of
copies
admissibility
of
archival
in
le-
or procedural
Technical
records/archives
may be provided
normative
(copyright)
documents.
may affect 12 /
records/archives.
of
New
record
authentication
or other
property
on intellectual
from a public
for
as evidence
legislation
and
taken.
provides
or national
reproduction
is
Singapore,
concerning
In Fiji
acknowledge
passage
documents
for
in regulations Legislation
shall
In some countries
or in
no provision
a passage
legislation of
requirements
that
publishing
records/archives.
gislation
explicitly
New Zealand,
law on copyright.
from which
reproductions
Malaysia,
affect’the
Archives
archival
Fiji,
of
the
FOOTNOTES TO CHAPTER 3.6 1.
International
Glossary
2.
ISO/DIS
3.
International
Glossary
4.
Cf.
The admissibility
5127-l
G. WEILL,
a RAMP study 5.
Archivum,
vol.
of
Archival
Terminoloqy,nr.
of
Archival
Terminoloqy,
413.
(1977).
(PGI/81/WS/25. 19,
p.
Archievenblad,
vol.
6.
Archivum,
vol.
28, pp.
7.
Archivum,
vol.
28, p.
of Paris,
53 (English
75 (1971)
___ __ -..
microforms Unesco,
translation
nr.
37.
as evidence: 1981.
84 p.
from Nederlands
p.3).
104-105. 334.
---
--
- 94 -
8.
Archivum,
9. Archivum, (footnote
vol.
28,
p.
vol.
21,
pp.
4)
and,
CAN2-72,11-79
preuve civil of 10.
example
See also the
National
as documentary
On the
there
code
basis
are detailed
of
the
study
Standard evidence
article
regulations
by G. WEILL of
(Microfilm
962 of the for
the
Canada
-
Swiss
reproduction
documents.
Archivum.,
The
114-115.
: Microfilm
littfkale).
11. Archivum, 12.
for
239.
vol
21,
vol.
28, p.
International
studies
intellectual
pp.
133-134. 81.
Council
on the
archival
property.
on Archives problems
arising
is
planning
a series
from legislation
of on
- 95 -
3.7
177.
Personnel.
An analysis
of
archives is
In
services covered
not
most
chapter
promotion left
rather
difficult,
texts
published is
and
1.5).
the
of
archives
or as part
of
the
of
but
the
appointment
his
this
standards,/1
matter be-
respect. of
a
responsibilities appointment,
.
of
mainly
in
recruitment,
regulations
this
limited
for
only
personnel
because
Archivum,
qualifications
or staffing
only
very
usually
and the professional
to regulations
in
enumeration
Regulation
concerning not
law provides
the
Archivist
regulations
and
legislation
countries
National
(see
is by the
archival
cause
legislation
archives
of
either
concerning
and staff
specific civil
is
for
servants
the in
general. 178.
One aspect
is
the
which
is
“professional
The French
regulated
in
secrecy”
law on archives
most
archival
of archivists states
legislation and
records
, however,
managers.
:
Every
functionary or. agent charged with the collection or custody of archives in virtue of the dispositions of the present law is obliged to professional secrecy with respect to which lawfully can not be put at the disposal every document of the public. /2 In Botswana Every person appointed under or employed in carrying out the provisions of this Act shall regard and deal with all public records which are secret or confidential or to which access may be restricted as secret. Every person who is appointed under or employed in carrying out the provisions of this Act shall make an oath of declaration of secrecy in such manner and form as may be prescribed. Any person appointed under or employed in carrying out the provisions of this Act who, in contravention of the oath or declaration of secrecy made by him under subsection (2), discloses to any unauthorized person any information contained in public records referred to in subsection (1) or permits any unauthorized person to have access to such records shall-be guilty of an offence. The law
in
Tanzania
Where there
/3 and
in
Zambia reads
are transferred
place of deposit any public tained from members of the by written law, prohibited Director, the custodian of
:
the National Archives or any records containing information obpublic the disclosure of which is, or limited to certain purposes, the the public archives in such place to
- 96 -
and every member of the staff of the National Archives or such place who has access to such records, shall take such oath or make such declaration relating to secrecy (with such modifications as the circumstances require) as is required by the relevant written law to be taken or made by persons having access to such records prior to their transfer; and every person who takes such oath or makes such declaration shall, for the purposes of any provision of such written law making punishable any disclosure in contravention of the written law, be deemed to be a person employed in carrying out the provisions of the relevant written law. /4
Comparable example,
in
pines,
In
In
the
Senegal,
other
under 179.
provisions
exist
Republic,
Thailand,
and
general
a number of
from other gulated
the
rians.
In
of
personnel
the
Senegal, of
first
category
or with
have
other
in
no special
countries
their
libraries,
their
The decree
states
and
salaries,
the
5
etc./
categories
with
Ecole
des
is
re-
libra-
the
the
status
hierarchy, the mis-
-conservateurs sous-archivistes.
archivists:
of
from the
diploma)
Chartes
in
Paris
have
the good management in the Archives. They cosupervise the work of disposal, arrangement, and of archives.They stimulate and guide research. advisors of the Government in matters 1s archives. of
University-graduates des
status
governs
the Archives
different
status,
decree
(graduates
category
The second
may fall
a special
an equivalent
to look after ordinate and description They are the the field of
tional
but
example,
four
Philip-
servants.
conservateurs-archivistes,archivistes,
d’archives, The
civil
archivists
for
of
the
for
for
together
sion
for
Malawi,
sometimes
promotion,
each
Lebanon,
countries,
regulations,
recruitment, of
secrecy
of
archivists
servants,
by special
Indonesia,
obligation
countries
other
of
Zaire.
obligations
civil
legislation
the
Dominican
countries
the
in
archivists
who have
archives
in
have to assure and to stimulate
Paris.
(conservateurs-archivistes) followed
the
staqe-technique
are interna-
They
maintenance of the documents in their custody, and receive new acquisitions. They do the disposal, arrangement and description of these archives and elaborate catalogues and repertories.
The archivists
from the
the
of the
EBAD in
Dakar;
third they
category assist
(archivistes) the
conservateurs.
have
graduated The lower-
- 97 -
grade 180.
archivists
In France
for
may occupy
d'archives
ves
or archivist
gory
(Marseille,
from the
the
post
of
of
of
one of
scientific
grades
the
degree
(maPtrise)
administrative
storage and
181.
for areas
archivists
legislation contains
only
law of
quired
for
have
been
rate
the
the
provisions the
of
in the
developed of
the
studies,
fees,
etc.
are left
to
is not of
clerical
covered
/ and
Matters
8
by the
the
requires
law
archivist.
which, the
the
Crown
re-
qualifications These
i.a.,
enume-
examination,
like
the
regulations
detailed
staff
training.
and
Decree,
qualifications.
in the
etc).
example,
courses
(formerly
personnel
and middlegrade
Archives
training
the
entrance
stipulate
senior
comprising
(baccalaureat).
gardiens),
training
the
in
d'administration)
regulation for
concerning
grades
documentalistes,
some countries
In
Netherlands,
positions
subjects
for
(b)
functions,
managers /7.
National
who have :,
certificate
called
cate-
personnel
the
an examination
restorers,
in Archivum
the
de documentation
archival
records
1st
three
of
aqents
formerly
requirement
the
The archival down
simple
and
published
of
class
Archi-
etc).Below
the
school
(photographers,
staff
of
lay
example,
the
82 at
science;
(conmiset
(maqasiniers,
technical
Training
to
are clerks
high
of
(actually
(c> secretaires with
at a ser-
Strasbourg,
passed
law and archival
sous-archivistes)
who fulfill,
cities
gra-
these
National
documentaires,
d’dtudes
and have
from university;
Only
at the
consisting
314 people,
university
there
is
departements)
exclusively
or conservateur
twenty
these
(a> charqes
Furthermore
about
tasks.
is
Chartes.
or conservateur Bordeaux,
order:
called
of
the
descending
graduates
director
Toulouse,
de documentation,actually
history,
des
Lyon,
and 157 in
non-professional
or archiviste
Ecole
departementaux
personnel
Archives
fulfil1
conservateur
of
graduates
vice
the
title
/6 the
reserved duates
(sous-archivistes)
and
length
of
made by the
Minister.
Conclusion
182.
from a very
The conclusion
concerning
tions include of
in
archives
personnel
archival and
--
survey
may be that
legislation
records
limited
it
provisions
management
services.
---
of
legislation
seems not concerning Only
and
feasible
regulato
the personnel
a special
study
- 98 -
of
regulations
the
countries
reveal
could
for
a basis
standards,
concerning
guidelines
professional
situation which
is
treated
secrecy
could
a number
of
serve
perhaps
as
staffing
etc. in
most
archivists
of
in
model job descriptions,
of training,
which
aspect
practical
the
common elements
organization
The only
the
and of
legislation
is
records
and
managers.
FOOTNOTES TO CHAPTER 3.7 1.
DELMAS,
Archives,
ment
the
of
p.
different
repository.This tional
310 gives
categories
subject
Conference
de la
onzikme
Ronde
des
has
standards
useful of
been
staff
treated
of the Round Table
er douzieme
for
for
national
a typical
also
by the
on Archives,
conferences
recruit-
the
Interna-
12th
1979,
internationales
see:
Actes
de la Table
Archives.
2. Archivum,
vol.
28, p.292
3. Archivum,
vol.
28, pp.
4.
Archivum,
vol.
20,
5.
Information
p.
(author's
translation).
76-77. 130.
supplied
by S. Mbaye,
supplied
by M. Duchein,
Director,
Archives
National
of
Senegal. 6.
Information
Inspector
General,
Archives
de France. 7.
Cf.
manaqement study
qers, Archives English 190-208.
and
the
standard
in:
Unesco
Paris, for
1982,
Unesco, of
of information vol.
development
records
in
of modern archives;
the traininq
Journal
Administration, translation
curriculum
administration
(PGI/82/WS/16).
national
8.
for
M. COOK, Guidelines
4, no.
in Nederlands
74 p.;
archivists 2 (1982)
Archievenblad,
pp.
An inter-
M.COOK, and
Science,
a RAMP
records
Librarianship
mana-
and
114-122.
vol.75
(1981)
pp.
- 99 -
4.
ENFORCEMENT.
4.1
183.
‘To
Penal
provisions.
ensure
the
enforcement
The desirability
of
inalienability
the
archives, sional Apart
already
have
from specific
a qeneral
contains
destruction,
tion, example
of
(Canada)
removal
private
of
archives,
regarding
clause
clause
is
these
prohibiting
and the
profes-
matters,
most
in
etc.
the
the
of
damage, mutilaarchives.
public
legislation
An
New Brunswick
of
:
damages, mutilates or Any person who unlawfully public record or removes or withholds from the the archives or a department any public record offence and is liable on summary conviction to ceeding one hundred dollars. /1
Comparable
provisions
Guatemala,
Ivory
Rico,
Senegal
pines
and
are
Coast,
and
the
legislation
found
this
for
destroys any possession of commits an a fine not exAlgeria,
of
Chile,
(Australia),
Wales
Illinois
(United
Puerto
States),
is
restricted
public
offices
are laid
down
contains
a very
general
to
public
Philip-
offices in
special
code.
and Malawi
Iceland
legislation
New South
clause
or in a criminal of
the
In Haiti,
obligations
The legislation
in
Lesotho,
Zaire.
Singapore,
Elsewhere,
184.
inspection,
of
mentioned.
from custody
a general
such
been
right
sanctions.
protection
private
of
include
the the
provisions
penal
should
archives,
export
of
they
to enforce
public
the control
legislation
laws
sanctions of
secrecy
of
clause:
of this regulation shall be liable to public prosecuto a fine up to 10 thousand kronur, except when a heavier sentence is directed by law (Iceland). /2 Any person who fails or refuses to comply with any term or condition of any permission, authority or licence given under this Act shall be guilty of an offence. Any person who commits an offence under this Act shall be liable to a fine of K 2.000 or to imprisonment for a term of five years, or to both such fine and such term of imprisonment (Malawi)./3 Violation tion and
In Sierra for
it
Leone
penalties
for
is the
IIx___-
left
to
wilful
..---.--
the
Minister
destruction,
..---
to provide damage
and
any regulation removal
of
public
- 100 -
The French
records. provisions
criminal
concerning
specifically
in case of
regardless of authority, law states The Bulgarian
rules
and destruction
mutilation
are applicable
objects
code
of
of
the
the
penal
documents
organized
an exhibition
the ownership :
that
document
and
by a public
or object.
who is obliged to ensure suitable conditions for An employee, the preservation of archival documents but who has not done so and thus has caused their loss, deterioration or destruction, shall be punished by a fine of up to 300 leva, unless he is subject to a heavier punishment. A fine of up to 200 leva shall be imposed on a person, unless he is subject to a heavier punishment, in case that (a> the person does not carry out an order of an administrative body of the State Archival Fonds, regarding the collecting, regishandling, preserving or using of archival documents; tering, or (b) the person does not take measures for the preservation of the documents of the establishment or the organization on their re-organization or liquidation. A fine of up’to 100 leva shall be imposed on a person, unless he is subject to a heavier punishment, if that person does not fulfil1 another obligation deriving from this law or from a normative act on its application. /4
185.
Some examples ted
of
to matters Every
specific
treated
provisions
penal in
earlier
- apart
paragraphs
from those
rela-
- are
person
without in his
of his functions, may,even who, upon termination remove public records which are fraudulous intention, custody because of his functions, shall be punished
(France)./5 The penalty of prision mayor and pesos shall be imposed upon any notary, who taking advantage of falsify a document by committing
a fine not to exceed 5,000 public officer, employee, or his official position shall any of the following acts :
1. Counterfeiting or imitating any handwriting, signature rubric; . . . . 6. Making any alteration or intercalation in genuine document which changes its meaning (Philippines)./6 In other
countries
comparable
provisions
will
be found
in
or a
the criminal
code. Conclusion
186.
Most
current
destruction, apart
archival removal
from sanctions
legislation
prohibits
from custody, to enforce
etc. the
right
the of
public of
damage,
mutilation,
records/archives,
inspection,
the
inalien-
- 101 -
ability and
of the
or all
public
archives,
professional of
these
the
secrecy
subjects
of
control
of
archivists
may be treated
export and
in
of
records
a criminal
private
managers. code.
FOOTNOTES TO CHAPTER 4.1
-.-. -
_.
1. Archivum,
vol.
28, p. 105.
2. Archivum,
vol.
17, p.
3. Archivum,
vol.
28, pp.
4. Archivum,
vol.
28, p.
65.
5. Archivum,
vol.
28, p.
107
6. Archivum,
vol.
20, p.
225.
___ .“.
247. 257-258.
translation).
(author's
,.--~
-___.-
_- --
archives
_.-.~-
Some
- 102 -
187.
5.
GUIDELINES
5.0
Introduction. chapter
This
considered number
FOR LEGISLATION
provides for
of
(chapter
containing
guidelines,
parts
number.
of the
Other
the
in archival
main
IV and
V>,
this
but
study
in
and
treated
been
order
be
regulations.
A
in
NATIS
the
a set
appropriate,
as NG, with
are to paragraph
which.should
to present
cites,where
NATIS recommendations
references
subjects
legislation
have already
subjects
guidelines
vant
a summary of
inclusion
these
AND REGULATIONS.
numbers
self-
rele-
the
paragraph
the in
of
present
the
study.
188.
summary distinguishes
This
be treated
in
that
be treated
in
could applying
the
these
changed
than
implementation
archival
of
flexibility,
however,
programmes
may be altered
regulations
management
difficulties
through
or even
through
must
simple
be taken
change
for
the
and
in
be
the
programmes.
archival
interpretation
of
basis
to be a disadvantage since
and
can more easily
records
prove
care
Regulations a flexible
and
should
and objectives
consequently
could
or financial
political
the
and offer
laws
structure
country.
that
or optional
The greatest
to the
a given
in
subjects
are desirable
that
regulations.
in
guidelines
services
archival
and matters
law
essential
between
Their
times
records
of management
of of
too
flexible
regulations. Regulations lack
issued
necessary
the
ministers. of
of
the
etc.
extent
particular
between
on the
but
etc. authority
or by the
demarcation
law
issued
ministers,
supra-ministerial minister
with
for
define
the
Archives
responsible
institutions
should
hierarchy
Parliament)
of
, decrees-
Council
the
responsible
clearly
the
may
to other
distribution
and authorities.
countries
law (act nances
authority
Therefore
competencies
In most
minister
by the
legal
country.
archival the
law
tradition
of
before by the
includes,
ministerial
regulations,
Crown,
Where possible,
the
regulations
administration
itself.
regulations
and administrative
In
depends
ordi-
with
to regulations
the
or the
President,
are preferable and
after
legislation
such
a
by a
general,
the
to a great
practices
in
a
- 103 -
189.
5.1 Definition
of
Every
law should
archival
ambiguity
about
the
Archives”
(NG para.
legislation
and
tial
that
the
created, trict
of
responsibility
the
out
business.
It
definition
necessarily
affect,
Enumeration
of
always
behind
new technology,
interpretation
/l.
lags of
covering
recorded
teristics,
is
could
materials
“It
is
of
important
applied
not
also
directly dered of
archival
A definition tends (P ara. last of
and
possible
legislation”(NG referring
type, “undisturbed
rather however,
archives
for
public
para. origin
professionally than which
has
been
of records
definition by giving
a
and other
documents
(see para. should
which
discharge
and
bodies
26-32).
records
functions
of
the
other
all
for
which
be the
State,
organizations can
statutory
defeat
be consi-
control
much of
the
over purpose
127). of
records
accepted
a definition
language,
form or charac-
letter,
by government,
public
of
in general
of
bodies
to provide
to the
custody”
of
corporations
range
the
and
administrative
Failure
pro-
definition.
range
controlled
records
continuing
a general
forms
and
the
records
bodies.
to reflect IS),
in
State-controlled
as public
types
to the whole
or indirectly
the widest
of
res-
archives. of
physical
Such
in
will
and
creates
or a circular
legislation
judicial to
126).
regulations
public
that
only
legislative, but
(NG para.
are
to
definition
of
essen-
records
legislation
a definition
regardless
are included
Definition
thus
and
Therefore
the
is
advisable
records
in
it
that
always
private
archival
or individual
because
or forms
information,
in
clear
avoid
National
fields,
it
not
records,
types
enumeration
that
is
to some extent,
essential
non-exhaustive
5.2
to public
elaborated
be
makes
“to
between
by an institution
and maintained
physical
of the
information
records
of
in order
difference
the
in -other
(see para.13-25).
records
public
To set
definition
of its
in qeneral
define
the
blems
191.
scope
125).
received
archives
and
legislation
transaction
the
190.
records
that linked as the
(i.e.
to provenance)
definition
refers with basis
of
records
to ownership. the
British
The
concept
i
- 104 for
their
evidential
historical
clude to
the
to
ensure
of
Inalienability archives
Public
therefore
and
may,
explicit
in
right archives 5.4
193.
depending
which
have
National
Archives
a register custodians
best
available
of
val
of
conditions.
the
5.5
a right
The following
regional, tutory
graphs
local , apart 200 and
and
special
from records 201
proposal
:
These
reasons,
to
para.33-37).
domain,
qualities
country,
Archives
of
be made
should
have
make copies)
of
a
public
145).
compilation
in
place
sh&ti$d
them
their
of
purchase
of
archives
archival
institutions)
management
functions
in
Export The State
private
archives. (see para
(national,
outlined
of
to the appro-
159).
should
the
deposit
services
services
owners
dispose
authority. be subject
do-
ob&ige
or otherwise
(NG para.
archives
and all
to preserve
the
the
and maintenance
The law
or should
public
making
provenance
to sell
public
private
be considered
appropriate
of
to acquire
by law
authority
orqanization
and
the
archives
to the
of
other
public
value.
to preferential
functions
on grounds
which
or for
non-public
research
archives
competent
Functions
the
be forbidden,
should
may be given
of
any
public
to new legis-
of
should
Any change
be referred
should
archives of
and
of
38-50).
“registered”
such
be rep&ted;
them
such
with
desirable
archives.(see
(NG para.
for
archives
is
status
resort
a given
a right
Legislation
collections
and
should
all
of
part
be entitled
responsible
belonging
public
The National
should
(NG para.143).
of
(see para
Archives
the
definition
law of
astray
archives
in
it
in-
127).
at least,
gone
archives
cumentary
194.
(or,
Non-public
The National
of
law.
used,
imprescribable.
on the
an archival
to replevin
the
to
property
to any records
property, and
is
is
without
imprescribility
inalienable
archives
changes
control of
are public
intention
documentary
means,
(NG para.
and
the
definition
or future
statutory
to be excluded”
other
of
interpretation
a technical
5.3
method
some formal
extending
where
used
and
omission
by providing
appear
192.
“Whatever
against
lation, of
manuscripts
State.
bodies
is
value,
be sta-
in para-
51-61
- 105 -
(i)
the
safe
custody
environmental
(ii)
public
archives
in
archival
(iv)
and
appropriate
the
retrieval
of
information
the
provision
of
search
of
to
in
for
reference services (for which are necessary; of
forms;
according
to
access
are available
means
to archives
and
rooms in which
inspection
dealing
for
reprographic
the provision
with
making
archives
of
public,and
suitable
postal
copies
of
processes,
and
of
inquiries,
archives for
by
selling
copies; provision
the of
to the
facilities
or other
other
them;
the
other
provision
and all
by whatever
or reference
open
including
archives
of
facilitate
are lawfully
the
transferred,
reference
of
in order
from
and methods;
which
such
(vii>
means
are available
photographic
(vi>
principles
provision
etc.)
(v>
classification
the
facilities
source
machine-readable
audio-visual, and
and in suitable
all(nationaT)archives,
of
or non-public
arrangement
the
buildings
suitable
conditions
whatever
accepted
(iii)
in
of
archival
material
publication
the
finding-aids prepared
of
of and
by staff
for
facilities all
texts,
other
works
of
the
repair
and conservation
by appropriate
kinds
guides,
any
the
calendars,
Archives
inventories, for
suitable
methods;
publication
or commissioned
by the
Archives; (viii)
the
promotion
propriate and
the
of
The formal
loan
of
authority
some supreme
archival
prefer
documents
to take
with
express
the to
value
the
Minister authority.
a preference.
a distinction
-_.--
in
ap-
exhibitions
preparation
of
exhibitions
organized
between
actions
in respect
or with
the
The NATIS
There
--
of
public
National Guideline
are good reasons,
professional
and political
lities,
__._--. --.-
archives
of
by other
(NG para.148).
may be vested
does not
educational
ways including
institutions.
195.
the
-.--
records
Archives
or
(NG para.151)
however,
to
responsibi-
- 106 -
to
be reached
government In
countries
most
It
is
is
to
the
to
meet
qualifications
of
staff,
for
organization ation
of
chart
assist archival
I.
and
recruitment
para.149).
inclusion
much possibility a theoretical
/3gives
three
stages
of
growth./4
by The National (United
AssociStates)
and operation
establishment
general
by the
services,
Administrators
agencies
and
authority
with
not
in
some degree
service(NG
were adopted
management
Details
statutory
Delmas
service
the
Archives
of
to State
:
Legislation.
the
legislation
relationship by the
private
rightsand
involving
the
records; records
ment-wide
to
the
obligations,
continuous
and provides management basis.
government
of
government;preserves
recognizes
which
government
ability
and
in
legislation
the
archives
leaving
the
arrange-
National
Government
and Records
Minister.?
define
require
which
changes.
principles
records
the
and
of
an archives
the
staffing
and may be dealt
organization,
States
of
self-
responsibilities.
for
the
of
archives
which
organization
Archives
Comprehensive of
head and
up for
of
several
the
the
unnecessary
following
State
or its
public
are matters
the
a form
conditions,
and necessary
development
for
changing
internal
may fix
In 1977 the
organization
and organization,
considered
law
to
any
regulationsdrawn
the
legislation
for
a task
duties
flexibility
in
from
statutory
of
the
independent
of
structure
Regarding
somewhat
however,
internal
staffing
Archives
appointment
his
define
usually
not
of
of
is
196.
it
essential,
authorize
National
them
organization
ments.
and
the
and keeping
internal to
by giving
records people,
of
of public
source
the
exclusive
authority
functions
and
State
responsibilities
of
as evidenced
to carry
accountand
on matters
and management of
nature
as instruments
an informational
patrimony
fundamental
evidence
administration the
the
out
the in
its
archives
on a govern-
- 107 -
II.
Institutional
identity.
The institutional
permanently tenure
Organizational
with
against
program
other
needs
tively
with
the
of
to
VII.
Internal
policy.
agency needs
of
resources.
and
submission
operations.
the
agency
of
blurring
of
disciplines;
protects
responsibilities
eliminates
and
to
under
the
hampering
supervision
knowledge
of
records
define
appropriate
that
for
the
agency
and
expenditure.
budget
programs,
its
problems
and
and
to
the
expend
effec-
the
primary
the
records.
agency
such
diffuse
by the
Legislature
funds.
internal
policies
and
profes-
agency.
and
Power to prescribe
and
do not
government
to
determination.of the
Regulations
-... ----.___-
and
or no professional
appropriation
authority
relating
and
responsibilities
with
VIII.
its
responsibility.
by direct
sional
for
the programs.
Appropriation
Exclusive
program
to prescribe
State,
responsibility
Funding
the
eliminates
agencies
agency
little
for
program
Exclusive
inclu-
authority.
administer
V. Exclusive
interference, equipment
prevents
interests;
authority;
authority
of
the
sufficient
protection
facilities,
professional
responsibilities
Sufficient
of
to provide
service
that
competing
by having
Program
political civil
government
coordination
of
and control
VI.
agency
interference
color
IV.
of
the
beneath
functions
government
the
repository
placement.
within
agency
head,
as the
agency
against
agency
control
and
Placement the
the
the
of
protection
for
personnel; III.
its
of
records
valuable
for
autonomy
ding
character
standards.
and enforce
to government
records
-- ~.. ..--. .--.--.
rules,
regulations
administration.
and standards /5
- 108 -
5.6
197.
archives
National
“Always
a matter
archives
is
country”.
/
central
In
policy
propriate
for
some it
would
ty;
in
and
central
these
powers
which
and
express
is
fact
ly
into
199.
In
Advisory
to provide
Council,
of
with
that
a considerable
work of
the
cultural
degree
which
might
This
Conference at
the
authority. /9,
archives,
of
But
is
and.such
matter
the
Round
highest in
especially
minister
in
be more
a minister.
placement
is based
involved
be deeply
of such
placed
affairs
Such a preference
to be ideal”
best
the
arguments
who has
International
be said
the
for
activities
advocated
for
minister
should
support
19th
the
review
or authority.
the
care-
demands
level
lyhen
one
one
personal-
placement
cannot
the
executive
(Archives there and/or
I
this
I
by legislation.
some countries
Council
the
service
which
can
in the
Body
in
authori-
responsible
guidelines
a minister
management
with
/8,
account
interested
it;
some measure
and which
minister
the
or supra-ministerial
system
be guaranteed
5.8
for
the
inter-ministerial “no
of
under
an archives
during
on Archives
within
executive
to achieve Advisory
be ap-
by the
impossible
action
The Natis
records
was discussed
takes
choice
archives
performed
effectively
respect
the
influence
that
would
csee para.70-72).
legislative
a preference
across-the-board
of
the
inter-ministerial
on the
it
Directorate
constitutionally
constituted
national
(NG para.161).
requires
of
an agreed
a separate
be possible
should
(NG para.150)./7
placement
create
a
responsible
to be exercised
by a separate
each
to establish
some countries
In
of
functions,
of
functions
is
system
advisory
public
of
be necessary
and
198).
responsibility
consideration
Table
it
will
implementation
to
by a suitably
for
of
where it
5.7 Ministerial
archives
the
or at least
others,
no executive
ful
with
co-ordinating
direction,
A matter
executive
organization
the
administrative
it
with
be more suitable
co-ordination
198.
the
(see paragraph
Archives,
National
with
circumstances
any
charged
archives
concern,
related
organization,
to a Minister
para.62-69).
(see
legislative
of
closely 6
system
Council!
!see
para.,
may be a preference
supervisory
powers,
I
73-83).
to give
the
depending
Archival on
the
stru-
I
- 109 -
ture
of
national
archives
laws however,
the
the
archival
to enlist
body
users function,
the
Archives
chracter
gramme. The law ex
5.9 200.
Head of
legislation
archives./12 over
para.202),
current
The very
minimum
together
with
transfer
(see paras.
Archives
in
formulating
records
ty
the
as it and
would indeed,
offices.
whole
range
in the
USA there
of
members
of
and obligations
exercised of
appraisal,
be feasible
a recent
ad-
by archive to an-
inspection
(see
destruction
and
of
and guidelines
management
special of
from one country
be a right
been
highlighted
countries,
involvement
has
draf-
consists
control
widely
over
not
the
(1972)
socialist
varies should
be),will
in
and members appointed
on Archives
of
to
pro-
84-92).
The degree
appear
training
Ministers.
rights
records
schedules.
regulations.
Council
of
procedures of
or modifi-
participate
to
formulates
Maximum
functioning
the
205). The involvement 14 management / should preferably
of standards,
agency
and
204 and
records
the
dn post-
Archivist)
the
control
the
a legislative
of
and/or
National
records
of
records
access,
Archives
except
and
Council
upon
Congress
all
determine
establishment
draft
the
Council
records
of
composition
projects
all
para.
clearly
which
/13
for
or the
State
nearly
ministrative other.
the
manaqement.(see
in
services
them
and
.
of
the
producers
should
membership 11
legislation
that
International
lack,
and
consult
archival
the
the
may be called
(among
The seventh the
also
specify
Records
/
restriction
of
should
officio
by the
to
The Council
or revision
ting
its
on all
network
transfer,
of
of
an advisory
implementation
The law
to records/archives,
may be desirable
ponement
.
and
be consulted
archival
the
/
In most
is simply of
and
in regulations
should
of
policy
The details
relating
cation
formulation 10
the
be regulated
The Council
Council
responsibilities
main
Council.
should
It
in
and archival
management
Archives
197)
participation/representation
the
archives
of
(see para,
system
the
National
-extend
to
and
-statutory
the
training
of
responsibili-
functions-(desirable
in
many countries,
revision
in
this
. position.
- 110 -
201.
Regulations
circulars
and/or
- responsibilities
of
- professional - records equipment - filing
training,
(incl.
forms
- security
plans
standards
management,
paperwork
and supplies, (filing
:
registries
the
qualifications,
creation
regulate
should
on media,
management)
by the
may beapproved
National
Archives)
classification
- arrangement
description
and
lending
- consultation,
records
of
(communication
records/archives)
of
- reprography - vital
records
management
- preservation
5.10
202.
Right
of
inspection
The legal
link
between
by giving
the
disposal functions
Records
There
should
204.
centres
cumstances
demand
center
is
principle,
all
Archives
the
not
of
formed the
management
and semi-current
a provision
without
is
regarding
only
records
current
with
(see para.
for
sanctions
also
authorization,
to transfer
necessary and oblige
and
where possible,
operate
all
destroy
without
account
and
National
Archives
non-current
(NG para.
destruction
should
values
100-102).
records
action. , power to compel
such
The law
that such D
and
inspection,
to establish
agencies
Appraisal
the
of
involved
be legislative
Archives
and
management
is useless
a National
ments
in
93-99).
remedy.
5.11
5.12
but,
Inspection
as an ultimate
203.
a right
operations
and
records.
records
latter records,
of
(see para.
bodies being must
are indentified
enabling
centres
government
records
cir-
if
depart-
to a records
133).
(see para. producing taken have and
of
103-115). public
long-term
responsibility that
records
records research for of
not
to
values,
ensuring research
- 111 -
interest 5.13 205.
are preserved Transfer statutory
selected
for
5.14
Prescription does
not
cord
copy
5.15 207.
of
official
of
legal to
archival
every
rize
the of
Archives
conservation
Arranqement
lay
should
ensure
administrative
sification
of
and methods
other
finding
5.17
Access
The right
archives
and
of
intended
of
archival
the
existence
be transferred
should
132-136).
other
and
printed
publications
However,
legislation. should
deposit
the
with
be deposited
the
a rein
National
Library
National
Archives,and
National
safe
custody
in
archives.
all
all
para.
exists.
and intellectual service according
should
to
148).
autho-
repair
the
The
143-149).
are kept
control.
arrangement
be the
accepted
under
One of the
archival
of guides,inventories
publication
and
should
for
any
15
records
public
of
buildings
facilities
measures./ (see
that
suitable
(NG para.
security
indeed
Legislation
for
material
and description
of any archives
functions
books
to provide
down
in
137-142).
archival
of
should
Legislation
tions
of
been
(see para.
of
a legal
records
public
134).
publication
(see para.
National
sufficient
209.
or not
conditions
regulations
208.
government
institution,is
the
5.16
domain
responsibility
environmental
.and
the
that
have
years)
of
publicationsdeposit
is
(which
(NG para.
Preservation
The first
preservation
Archives
whether
Archives,
transfer
number
belong of
for
a prescribed
National
Deposit
132).
116-131).
requirement
permanent
more than
to the
206.
(see para.
The main
for
(NG para.
and clas-
principles and
aids. (see para. access
to
to
protect
150-168). public
their
records, safe
subject custody
to
prescribed
and physical
condicondition,
- 112 -
should
be clearly
aspect
of
ly
ever
closure
period1 for
or longer
periods
to closed
records
(NG para.
140-142).
is
is
no breach
archives
service,is
or other
the
National
Archives
5.19
212.
It
on the
30 years to
after
workers
coun-
old.
What-
provide
shorter
exceptions,and
to in
allow
access
exceptional
any of
legal
of not
of
cases
recruitment,
lawfully
documents
(NG para.146).
holding
law provides
a basis
appointment,
promotion,
Enforcement
(see para.
Apart
from special
penal
tion,
the
of
that such
to the
National
records
archives
for
regula-
detailed
professional
staff.
187-186).
provisions of
of
depart-
transfer
provide
authority
training
export
government
in
also
public
legislation
by their
affected
or other
147).
archival
records
should
public
Archives
in
there
177-182).
the
inalienability
to
(NG para.
to include is
that
open
National
validity
archival
and
document,
the
Legislation
that
provide
or published
(see para.
the
25 or
legislation
5.20
of
general
most
169-176).
custody
copies
qualifications,
control
general
necessary
or other
is essential
to the
necessary
research
organizations
-any
is
In
led
normal-
should
research.
some documents
when
copied
the
Personnel
tions
213.
the
Archives.
may certify
to
archival
may be considered
ments
records
after
/16
in
that
it
by individual
copyright
and
has
important
term of years
public
are more than
adopted,
The most
the
for
question
access
that in
which available
(see para.
desirable
a provision
not
by making
inspection
It
is
they
is
giving
Reprography
It
consideration during
when
machinery
5.18
legislation.
of this
records
of
for
and are
closed
archival
in
documents
consideration
opening
211.
of
be kept
tries
210.
matter
this
creation
the
stated
public
private
enforcing archives, archives
the the
and the
right
of
protection professional
inspecand
- 113 -
secrecy
of
include
a general
destruction,and
_--.---
are records
archivists
clause removal
managers,
prohibiting from custody
_~_..- .._- -- --- --.----.-.
the
legislation
damage, mutilation,
of public
archives.
should
- 114 -
FOOTNOTES TO CHAPTER 5.
1.
Evans,
2.
Carbone-GuEze,
3.
Delmas,
4.
See also
paragraph
Cyprus,
Draft
Archives,
Actes
Principles
law,
de la
State
National
Table
Ronde
Archival
of
6. 7.
Rhoads,
8.
Actes
des
de la
Table
archives
dix-huitieme Ronde
Archives,
des
9.
Duchein,
10.
Cf.
Delmas,
ArchIves,
p.
305.
11.
Cf.
Delmas,
Archives,
p.
306.
12.
Dolgih,
13.
M. Duchein,
14.
Rhoads, the
La Liaison,
The role
management
pp.
Preface
component
of
systems
Principles,
16.
Les
obstacles
and
Aqencies,
Records
manaqement.
conferences
internationales
135-136. p.
39.
38-39.
to Archivum,
vol.
archives
records
and
and other
elements
15. Ba,utier, Duchein,
foundations,
Manaqement
108-161.
39.
records pp.
pp.
Archives
dix-neuvikme
et
Leqislative
and
State p.
conferences
Archives,
des
and Records
Administrators, 1981. Duchein, Leqislative foundations, of
24.
et dix-neuvieme
Association
The role
p.
292.
des dix-huitikme
for
Atlanta:
model
p.
internationales 5.
3.9.
services.
and pp.
56-57.
a l'accks.
28, p.
17.
manaqement,
characteristics
of
discusses modern records
- 115 -
30.
NATIS Guideline,
paragraph
140-142;
B l'accks.
.~_.. *..-
31.
NATIS Guideline,
paragraph
147.
32.
NATIS Guideline,
paragraph
146.
Duchein,
Les obstacles
- 116 -
6.
BIBLIOGRAPHY. de la
Actes des
septikme
Archives
vistique Actes
de
Archives par les
d'archives
: Le concept
(Paris
Conference
la
dixikme
:
I Problkmes
1969).
Actes
des
onzikme
douzikme
Table
Ronde
des
de la
Table
pour
des
et
et les
tkhes
Archivum.
Ronde
Gouvernment,
La legislation
des
archivistique.
(1971);
vol.
1978,
I.
19 (1969)
vol.20
(1970)
La legislation
vol.21
(1973)
La legislation
de
de la II.
La mission
s.p.>.
conferences
internationales
Normes a respecter
des irktitutions.d'archives;
administration,
internationale
de communication
(s.d.,
Nairobi
des
d'archives
imprimees.
archivistes
l'organisation
Ronde
internationales
Les archives
des
Table
directions
aux
conferences
Archives;
des
et
Revue
Islande
poses
et dix-neuvikme
dix-huitikme
1979,
Ronde
de l'archi-
de la
en matiere
: I.
Archives
l’etablissement
Gosier
Rable
frontikres
internationale
concrets
. . . (Paris
Actes
et les
de liberalisation
projets
archives
de la
1963).
documents
des
internationale
Conference
archives
archives,
Europe,
vol.
ler
2e partie:
(Paris
1981).
17 (1967).
partie:
Allemagne-
Italie-Yougoslavie
archivistique,
II.
archivistique,
(1972);
Afrique,
III.
Asie
Amerique,
(1972 :>;
Oceanic
(1973); Archivum.
International
28. Archival
archives,
vol.
1970-1980
(1982).
Bautier
, R.H.,
(ed),
A manual
Hague
1966)
serie,
of
text
studies
and (Unesco, and
of
tropical
33-58
on Archives.
legislation,
Principles
Bibliographies
Carbone,S. and
pp.
Review
archival
Monde
R. Gueze,
Paris
research,
Draft 1972)
~01.1)
(Mouton
model
law
in:
et present, vol.
on archives:
(Documentation,
Y. Perotin
& CO., Paris-The
passe
de travail,
des
archivistique,
legislation,
d'Outre-Mer
et instruments
internationale
Legislation
archivology
(Le
Revue
libraries
4ikme
VII). description and
archives:
Evans,F.B.,
The Republic
records
management
Delmas
programme
outline
F.I.,
in:
on Archives...,
Duchein,
in
M.,
les
Proceedings
of
Archivum,
pp. to
the
Paris
1977)
by A.W.
Mabbs)
(cited
as:
Gardner,
F.M.,
Public
library
2nd edition
1978)
revised
NATIS
et
Internat pp.
~01.4).
archives
les
Congress
ional
35-57.
Library
of
and
transfer
and
Paris for
1983) the
of information
(PGI-83/WS/20).
implementation
chapters
NATIS
of
on archival
legislation
Guideline).
a comparative
legislation:
and updated
the
of
the
tible:
by H.C.
Campbell
(PGI-87/~~/23). A.W.
study,
Paris
(Unesco,
plementation NATIS
of
Pomassl,
G.,
of
NATIS.
Survey
of
on national
Prasad, the
S.N.,
26 (1979) Rhoads, information
pp.
J-B.,
be published
in
terminology).
legislation
a legislative
existing
Paris
(Unesco,
for
framework
the
legal
deposit
bibliographies,
Congress
framework
a legislative
laws
CC-77/CONF.4Ol/COL.2).
The Liberalisation
International
8th
deposit
: Establishing
see
(PGI-77/UBC/Ref.2,
Congress
archival
to
by a working
im-
NATIS.
Guideline,
implementation
(drafted
on Archives, of
legal
Establishing
see:
Terminology
Council
for
1981)
Archival
(dictionary
Guidelines
J.,
Mabbs,
of
International
Lunn,
of
d’etat
Encyclopedia
use,
(CC-76/NATIS/8
Glossary
1984 with
1977)
227-328
(PGI/WS/30).
International group
pp.
(1980).
framework
(Unesco,
and archives;
and research,
VIIth
in
(Unesco,
a legislative
Establishing
the
access,
a RAMP study
1975)
24 (1974)
38-40
Planning
libraries
archives
and
(PP/l981-83/5/10.1/03).
B. Delmas,
etudies
foundations,
M.Obstacles
from archives:
vol.
an archival
of
1981)
Paris
entre
Services,
Duchein,
and
archives:
and
Legislative
Information
D’Olier
(Unesco,
La Liaison
administratives,
Paris
documentation,
policy
Libraries
(Documentation,
Dolqith,
for
a general
of
development
(Unesco,
J.H.
in:
infrastructures
national
-
Cyprus:
of
Archives,
,B.,
117
for
the
Paris
(Unesco,
(International
1977). of
access
and
on Archives.
use, - 9
in:
Proceedings
Archivum,
vol.
137-138. The role
systems:
of archives a RAMP study
and
records
(Unesco,
management
in
national
Pari s 1983)(PGI-83/WS/21).
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Expert Consultation on the Development General Information Programme. Unesco. of a Records and Archives Management Programme (RAN%') WItkiln the Framework of Paris, Final Report the General lnformatlon Programme, 14-16 May 1979. (PGI/79/WS/II). Paris, Unesco, 1979. )6 p. Available also in French.
3.
Manning, Raymond, Gllberte PQrotln and Sven Welander, Guide to the Archives of International Crganlzatlons. Nations System. Preliminary version (PGI/79hS/7).
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Cook, Michael. The Education and Training of Archivists -- Status Report of Archival Training Prourammes and Assessment of Manpower Needs (PGI/79/CCNF. 6dr/CGL.2). Paris, Unesco, 1979. 71 p. Available also In French
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Delmas, Bmo. The Tralnlng of Archivists -- Analy~ls of the Study Programme of Different Countries and Thoughts on the Posslbllltles of Harmonlzatlon 75 p. Available also In (PGI/?9/CONF. 6@+/COL.l). Paris, Unesco, 199. French.
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Kecakem6t.1, Charles and Evert Van Laar. Agreements and Conventions Concerning Paris, Unesco, 1981. 34 p. Available Spanish.
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Sllva, G.P.S.H. de. A Survev of Archives and Located In MaJor London Repositories 1OC p.
Model Bilateral and Multilateral the Transfer of Archives (pG1/8@S/3) also ln Arabic, French, Russian and and Manuscripts (PGI/8I/Ws/4).
Relatlnff Paris,
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Borsk, Iv&n. Feaslblllty Study on the Creation of an Internationally Financed and Managed Microfilm Assistance Fund to Facilitate the Solution of Problems Involved In the International Transfer of Archives and In Obtalnlnfi Access to Sources of National History Located In Foreign Archives ( PGI/~I./ws/~). paris, Unesco, 1981. 31 p. Available also ln Arabic, French, Russian and Spanish.
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Archives Journals: White, Brenda. A Study of their Secondary Souroes. (RAMP Studies and Guidelines). also In French memo, 1981. 72 p. Available
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--
charge,
--.-
to
