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INSTITUTIONAL COOPERATION AGREEMENT BETWEEN THE HUMAN RIGHTS
NATIONAL COORDINATOR AND THE TRUTH AND RECONCILIATION COMMISSION

This document certifies the institutional cooperation agreement entered into by the Human Rights National Coordinator (CNDHHH), on the one hand, represented by its Permanent Committee made up by Francisco Soberón Garrido, director of the Pro Human Rights Association, identified with DNI 10272012, Ernesto Alayza Mujica, Director of the Center of Studies and Action for Peace, identified with D.N.I. 072062391, Pablo Rojas Rojas, director of the Human Rights Commission, identified with DNI 07248731, Ana María Leiva Valera, Deputy Executive Director of the Ecumenical Foundation for Development and Peace, identified with DNI 06251953 and David Lobatón Palacios, Executive Secretary of the Legal Defense Institute, identified with D.N.I. 07900393, and with legal domicile at Jr. Túpac Amaru 2467, Lince and on the other, the Truth And Reconciliation Commission created by the President of the Republic through Supreme Decree 065-2001-PCM of June 4th, 2001, as amended by Supreme Decree 101-2001-PCM, represented by its President Salomón Lerner Febres, identified with DNI 08771655, appointed to such position through Supreme Resolution 330-2001-PCM, with legal domicile at Av. Salaverry N° 2802- San Isidro, Lima, under the following terms and conditions:

FIRST: PARTIES TO THE AGREEMENT

The National Human Rights Coordinator (CNDDHH)

The National Human Rights Coordinator (CNDDHH) is a group of non-governmental organizations for the defense, promotion and education of human rights in Peru. At present, 61 non-governmental Peruvian organizations belong to the CNDDHH, all sharing similar purposes of building democracy and fighting for human rights. CNDDHH is a point of reference for society in human rights issues, enjoys consultative status in the United Nations’ Economic and Social Council, and is accredited to participate in Organization of American States activities.

Truth and Reconciliation Commission

The Truth and Reconciliation Commission is a high level entity created by the Executive Power through Supreme Decree N° 065-2001-PCM of June 4th, 2001, as complemented by Supreme Decree N° 101-2001-PCM, to clarify the process, tasks and responsibilities related to terrorist violence and violations of human rights from May 1980 to November 2000, by both terrorist organizations and members of the state. It also makes proposals for strengthening peace and creating harmony among Peruvians.

The Truth and Reconciliation Commission has become the ideal mechanism to process and clarify the serious violations of human rights occurred during the violence period –it needs all the support and cooperation of public and private institutions and of citizens at large. In addition, it must direct its efforts at analyzing the causes of violence, contributing to the making of justice by competent entities and preparing proposals for institutional reform and the comprehensive redressing of victims.

SECOND: OBJECTIVES OF THE AGREEMENT

This agreement establishes the framework for cooperation between civil society institutions and the Truth and Reconciliation Commission for the achievement of the following general objectives:

  • Promoting the process of finding the truth, the rule of law and the redress of victims that will lead to stronger National Reconciliation and democratic government .
  • Promoting respect for human rights in Peru, with an emphasis on the restitution of violated rights as a result of violence in Peru.
  • Contributing recommendations for legal, institutional and educational reforms; and to prepare proposals for programs to compensate victims of violence.
  • Promoting and disseminating the work of the Truth and Reconciliation Commission to enhance its significance for national life and embrace the largest possible number of sectors in society. To this effect, an action plan and projects detailing the work of both institutions will be prepared.

THIRD: COOPERATION AREAS

In line with the objectives of agreement, the cooperation will refer to the following issues:

Delivery of information
The Human Rights National Coordinator will cooperate with systematizing and delivering to the Commission, directly or through the organizations it embodies, any information it owns relating to facts investigated by the Commission in compliance with Decree Supreme 065-2001-PCM.

This information includes claims records, lists of victims, documented or other material relating to cases of human rights abuses or crimes, bibliographic material relating to the Commission’s works, and any useful information for its investigative work.

Investigations
The National Human Rights Coordinator and the organizations it embraces will cooperate with the Truth and Reconciliation Commission facilitating contact with the victims and witnesses, to provide the Commission with more information sources during its investigations.

It will also cooperate through suggestions and recommendations, as well as through response to Commission queries.

Dissemination, training and sensitization
The National Human Rights Coordinator and the organizations it embraces shall cooperate in disseminating the Commission’s initiatives and organizing workshops and seminars to sensitize and train authorities, local leaders and the population at large on the functions, objectives and attributions of the Truth and Reconciliation Commission.

FOURTH: SPECIFIC AGREEMENTS

Specific agreements will be prepared by cooperation areas. The agreement’s scope and duration, and the obligations of the parties will be established in the agreement. Additional areas of cooperation and their scope may also be identified.

FIFTH: FINANCING

The parties are free to request the economic and financial support they need, be it from either public or private, national or international sources.

SIXTH: TERM OF THE AGREEMENT

This agreement shall become effective for 18 months as from its signing and will be automatically extended until the COMMISSION completes its mandate, unless one of the parties notifies the other party in writing and one month advance its intention of terminating the agreement.

SEVENTH: OPERATION COORDINATORS

The following operation coordinators will help to comply with the objectives of this agreement:

For the Truth and Reconciliation Commission:

Javier Ciurlizza Contreras, Executive Secretary

For the Human Rights National Coordinator:

Miguel Huerta Barrón, Deputy Executive Secretary

EIGHTH: INTERPRETATION AND CONTROVERSIES

This agreement is based upon the parties’ good faith. Any controversies arising its interpretation, execution or breach will be resolved by agreement of the parties.

In conformance with the contents and scope of this agreement, the parties sign it in two equally valid copies in Lima on the 9th day of October, 2002.

Salomón Lerner Febres
President
Truth and Reconciliation Commission

Francisco Soberón Garrido David Lobatón Palacios
Permanent Committee Permanent Committee
CNDDHH CND

Ernesto Alayza Mujica Ana María Leiva Mujica
Permanent Committee Permanent Committee
CNDDHH CND

Pablo Rojas Rojas
Permanent Committee
CNDDHH