INSTITUTIONAL COOPERATION
AGREEMENT BETWEEN THE
PRO HUMAN RIGHTS ASSOCIATION AND THE
TRUTH AND RECONCILIATION COMMISSION
This document certifies the institutional cooperation agreement
entered into by the Pro Human Rights Association- APRODEH,
on the one hand, represented by its general coordinator, Francisco
Soberón Garrido identified with D.N.I. 10272012, with
legal domicile at Jr. Pachacutec 980, Jesús María,
Lima, and on the other hand, 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 27, under the
following terms and conditions:
FIRST: PARTIES TO THE AGREEMENT
Pro Human Rights Association- APRODEH
The Pro Human Rights Association- APRODEH is a non governmental
organization devoted to protecting human rights, registered
in card 6332 entry 1 of the Associations Registry at the Public
Registry of Lima.
Since 1983, APRODEH has investigated and advocated human rights
issues nationwide through its legal division, and appeared
before international organizations such as the Inter American
Human Rights Commission, the United Nations Human Rights Committee,
and others.
APRODEH has organized a general archive of police, judicial
and non-judicial investigations on complaints and cases, in
charge of the documentation area. It also houses a specialized
library on human rights issues.
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.
The Truth and Reconciliation Commission and the National Coordinator
of Human Rights signed on October 9th 2001 an institutional
cooperation agreement which shall be the frame for the execution
of the current agreement, taking into account that APRODEH
is a fraternal member of such entity.
SECOND: AGREEMENT OBJECTIVES
This agreement establishes the framework for cooperation between
the Pro Human Rights Association 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:
Documentation
APRODEH commits to make the following available to the Commission:
a. APRODEH experience, (including data collection cards, controlled
vocabulary, lists of authorities, etc.)
b. The case information system (software) so that, based upon
past experience, the Commission may create the databases it
needs to fulfill its mandate.
c. Access to its reference collection; special exhibit of
books for the members and operational team of the Truth and
Reconciliation Commission.
d. Access to the press files. Special priority retrospective
search service.
e. Access to the photographic archive, and e-mailing of scanned
copies.
f. Access to the UN-OAS archives. A selection of these documents
will be included in the reference exhibit.
g. Special service for “consultation on demand” searches
(over the web for operational team members).
Investigation
APRODEH commits to:
a. Make available to the Truth and Reconciliation Commission
the results of any research it undertakes, as well as facilitating
documentation and testimonies of human rights violation cases
within the Commission’s mandate.
b. Supporting the Truth and Reconciliation Commission’s
investigation work, particularly at institutional work sites
(Apurímac, Ayacucho, Huancavelica, Huánuco, Junín,
Lima, Ucayali and San Martín) through APRODEH’s
Legal Team and its province promoters.
c. Facilitating contact with relatives, community authorities
and others.
d. Collaborating with the public hearings procedures, aiding
victims, relatives and witnesses.
Communications
With the purpose of promoting and disseminating
the work to be developed by the Truth and Reconciliation
Commission, and positioning it prominently the nation’s life
by addressing the widest raise of sectors and society,
APRODEH
commits to the following:
a. Sensitizing public opinion, prioritizing work with specific
sectors with which it has a permanent relationship (victims’ relatives,
population affected by political violence, social and professional
organizations and personalities).
b. Disseminating issues related to the Truth and Reconciliation
Commission through institutional media (radio programs and
networks, electronic bulletins, web pages, printed materials).
c. Promoting and carrying out permanent impact actions before
the public opinion (art exhibits, plays, concerts, press campaigns).
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: FUNDING
The parties are free to request the economic
and financial support they need, be it from either public
or private, national
or international sources.
This agreement does not generate
any financial liabilities to the Truth and Reconciliation
Commission.
SIXTH: TERM OF THE AGREEMENT
This agreement shall become effective as from its signing
and until the COMMISSION completes its mandate in compliance
with Supreme Decree N° 065-2001-PCM, 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: Jorge Salazar
Cussianovich, Investigation AreaCoordinator
For the Pro Human Rights Association- APRODEH
Gloria Cano Legua, Responsible for the Legal Area
To achieve the objectives of this agreement, both parties,
through their operation coordinators or their designers agree
to hold joint coordination and action plan meetings when requested
by any of the parties.
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, taking
as reference the agreement signed between the Truth and Reconciliation
Commission and the National Human Rights Coordinator.
In conformance
with the contents and scope of this agreement, the parties
sign it in two equally valid copies in Lima on
the 19th day of November, 2002.
Francisco Soberón Garrido
Coordinatort
APRODEH
Salomón Lerner Febres
Presiden
Truth and Reconciliation Commission
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