This Presentation will identify and explore the challenges that the former National Archives of the Netherlands Antilles faces with respect to the new political status of its constituent islands.

This Presentation

National Archives of the Netherlands Antilles

–Aruba (untill 1986 constituent part of the Netherlands Antilles)

–Bonaire

–Curaçao

The ABC- islands or Leeward Islands

of the (former) Netherlands Antilles:

In front of the coast of Venezuela

–Sint Maarten

–Sint Eustatius

–Saba

The SSS-islands or Windward Islands of the (former) Netherlands Antilles: approximately 850 km east of the US Virgin Islands and Puerto Rico.

– 1848 :Unification of the six island territories into the colony, “Curaçao and Subordinates”. Center of administration of the Dutch Caribbean on Curaçao.

– 1954 Transformation of the colony of Curaçao and Subordinates into the autonomous country of Netherlands Antilles consisting of the six outlying islands. Administrative Center remained on Curaçao

– 1955 each island, including Curaçao received its own territorial government that remained subordinate to the federal (Central) government seated on Curaçao.

• Archives of the West India Company (WIC 1621-1791) are at the National Archives in the Netherlands (Partly Digitized (http://dpp-cactus.com) – private initiative (wiki environment)

• Records of the colony dating back before 1848 are at the National Archives in The Hague, Netherlands.

• Records of the colony dating back from 1848 to 1954 are located at the National Archives of Curaçao.

• Records of the Civil Registry Netherlands Antilles are available as index on the Internet: (http://www.Genlias.nl) (Dbase of Civil Records Neth. Antilles)

•Records of the Federal Administration in Curaçao

dating from 1955 to 2010 are located at the Government headquarters in Curaçao.•Records of the branch offices of the Federal Government on the islands can be found on the respective islands.•Records of the islands territories created after 1955 are located on the respective islands.

Dismanteling of Archives

Reorganizing an Organization means closing the Archives.

Closing Archives: what does it mean?

Successor states? Who may / must manage the closed archives?

How to make available the information?

Expertgroup Archives

Representatives of Federal Government, Island Territories and Aruba.

Participation extern experts of the Netherlands.

Unanimous recommendations

5 Areas of attention

1. Launching National Archives / appointing adequate repositories

2. Appraisal and transfer to repositories3. Start new recordkeeping systems and

information management4. Closing archives and instructions transit

period5. Digitalizing Shared Memory

Desicions need to be taken on the principles for tranfering federal archives to the succesor states (new entities).

Principles for transferring Federal Archives:

Art. 6 Archieflandsverordening PB 2008, no. 7:

“Dissolvation of the country holds a provision concerning safeguarding its archives after the abolishment”

The proposed decisions were prepared by the Expertgroup (Dissolvation Committee).

April 18th, 2008 presentation of the roadmap “Ontmanteling & Opbouw” (“Dissolving and Building Up”.

Basis of proposed decisions:

•Vienna Convention (1983);

•Archives Law PB 2008, no. 7;

•Principle of Provenance;

•Historic precedents;

•Code of Ethics Archivists (International Council of Archives).

Vienna Convention on Succession of States in respect of State Property, Archives and Debts (1983):

Article 31Dissolution of a State

1. When a state dissolves and ceases to exist and the parts of the territory of the predecessor State form two or more successor States, and unless the successor States otherwise agree:

a. the part of the State archives of the predecessor State which should be in the territory of a successor State for normal administration of its territory shall pass to that successor State;b. the part of the State Archives of the predecessor State, other than then the part mentioned in subparagraph a, that relates directly to the territory of a successor state shall pass to that successor State.

Vienna Convention on Succession of States in respect of State Property, Archives and Debts (1983):

Article 31Dissolution of a State

2. The State archives of the predecessor State other than those in paragraph 1 shall pass to the successor State in an equitable manner, taking into account all relevant circumstances.

3. Each successor State shall provide the other successor State or States with the best available evidence from its part of the State archives of the predecessor State which bears upon title to the territories or boundaries of that successor State or States, or which is necessary to clarify the meaning of documents of State archives of the predecessor State which pass to that State or States pursuant to other provisions of the present article.

Article 31Dissolution of a State

4. Agreements concluded between the successor States concerned in regard to State Archives of the predecessor State shall not infringe the right of the peoples of those States to development, to information about their history and to their cultural heritage.

5. Each successor State shall make available to any other successor State, at the request and at the expense of that State or on an exchange basis, appropriate reproductions of its part of the State archives of the predecessor State connected with the interests of that other successor State.

Vienna Convention on Succession of States in respect of State Property, Archives and Debts (1983):

Archives Law PB 2008, no. 7

De Archives Law deals with decentral management:

Archives whose functions represent the territory of an Island Government, stays on that respective Island.

Principle of Provenance

Records created, accumulated or maintained by an organization or individual must be represented together, distinguishable from records of any other organization or individual.

Records created, accumulated and used by an organization must be kept together in their original order and not mixed or combined with the records of another individual or corporate body.

Respect des fonds

Historic Precedents

Records of the Office of the Governor of the Netherlands Antilles

Aruba

The Proposed Decisions:

“All Federal Archives, formed and received on the Islands, will stay on the Island where they were originally formed”(Vienna Treaty, Archives Law PB 2008, no. 7, Prnciple of Provenance, Historic Precedents)

Basic Principle

Archival volume:

Former Former

Federal archives Island Territory Ar. Total

• Curaçao 20.000 m1 15.000 m1 * 35.000 m1 *

• Bonaire 882 m1 321 m1 1203 m1

• Sint Maarten 1.482 m1 5.000 m1 6485 m1

• Sint Eustatius 44 m1 64 m1 108 m1

• Saba 570 m1 243 m1 813 m1

*Estimate Island Territory Curaçao : 15.000 linear meters (m1)

1.

Transfer of Federal Archives to successor states will take place to an adequate repository (National or Municipal Archives, managed by qualified personnel). This transfer holds a requirement wherein the new entity :

a. will appoint an adequate repository and public service; b. will empower an Archives Law;c. will regulate political and management responsibilities.

Principles Proposed :

1.

a. Combined Repository

The successor state can appoint a combined repository for Federal and Island Territory Archives, conform Archive Law PB 2008, no. 7, art. 16..

Principles Proposed :

Principles Proposed :

1.

b.

If a successor state cannot appoint an adequate repository / public service to manage the federal archives, it can appoint an adequate repository of another Island to store and manage their part of the federal heritage.

Principles Proposed :

2.

a. Appraisal

Federal Government is responsible for appraisal of its archives, before transfer to the successor states .

Principles Proposed :

2.

b. Task Force Appraisal

Federal Government will regulate the appraisal of its archives in an agreement with all Islands concerned, preferably by empowering a Task Force Organization.

Principles Proposed:

2.

c. Political Responsibility

As long as the appraisal did not take place it will be an obligation of the Predecessor State to at least take care for safeguarding the records and an adequate management of the unappraised archives. A Guarantee Fund should guarantee for the appraisal to take place.

Principles Proposed:

3.

Start new recordkeeping systems and information management

Principles Proposed :

4.

Closing archives and instructions transit period

Agreements on the following management aspects:-The moment of closing dossiers / files; -Installing a Helpdesk;-Personell records; -Integrating Recordkeeping Systems;-Coördinate Digital Sustainability

Principles Proposed :

5.

Digitizing Shared Memory

Each successor State shall make available to any other successor State, at the request and at the expense of that State or on an exchange basis, appropriate reproductions of its part of the State archives of the predecessor State connected with the interests of that other successor State.(Vienna Convention)

To coördinate all proposed decicions an Executive Committee has to be appointed with representations of all entities and Aruba.

Installing Project Organization / Executive Committee

Aruba participates in Appraisal Procedures for Records prior to 1986.

National Archives coordinates.

Execution of the prpoposals will be guaranteed in a 10 year Protocol between Successor States and Aruba.

Protocol

What has been done so far with the

recommendations of the Expertgroup?

Basic Principle is empowered in the Decentralization Law of the Netherlands Antilles

1.National Archives on the successor States: Bonaire and St. Maarten started preparations

2.Appraisal and transfer: New Application for funding a Task Force

3.New Recordkeeping System: mostly in place

4.Closing Archives: app. 70% of the public services did not properly close their archives

5.Digitizing Shared Memory: on demand

The National Archives of Curacao has had to create a new role for itself as a custodian of memory

Quality Information, rapidly available, to comply with the demands of the 21st century

Governmental SupportGovernmental Support

Decision-making: rapidly in the benefit of the economyDecision-making: rapidly in the benefit of the economyPublic: transparent and democratic governmentPublic: transparent and democratic government

Shared MemoryShared Memory

The National Archives of Curacao has had to create a new role for itself as a custodian of memory

Good GovernanceGood Governance

Civil RightsCivil Rights

Civil EducationCivil Education

Thank You!