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
|