AGREEMENT BETWEEN THE HUMAN RIGHTS COMMISSION AND THE TRUTH
AND RECONCILIATION COMMISSION
This document certifies the institutional cooperation agreement
entered into by the Human Rights Commission (COMISEDH) on the
one hand, represented by Pablo Rojas Rojas, chairman of COMISEDH,
identified by D.N.I. 07248731, with legal domicile at Av. Horacio
Urteaga 704, Jesus Maria district, Lima, and on the other hand,
the Truth and Reconciliation Commission (hereinafter the COMMISSION)
created through Supreme Decree N° 065-2001-PCM, of June
4th, 2001, complemented by Supreme Decree N° 101-2001-PCM,
represented by its President SALOMÓN LERNER FEBRES,
identified by DNI 08771655, appointed to such position by Supreme
Resolution N° 330-2001-PCM and authorized by Ministerial
Resolution N° 212-2001-PCM, to sign agreements and accords
with private sector entities, with legal domicile at Av. Salaverry
N° 2802 – San Isidro, Lima 27, in the following terms
FIRST: PARTIES TO THE AGREEMENT
The Human Rights Commission –COMISEDH
The Human Rights Commission (COMISEDH) is a non-governmental
organization devoted to defending and promoting human rights
and strengthening citizen rights and democracy in Peru.
It is a founder and board member of the National Human Rights
COMISEDH has documented and denounced both in Peru and abroad
serious violations to human rights during the period of political
violence. It developed its work in the areas most affected
by violence throughout the conflict period. It has investigated
these violations and fought for establishing a Truth Commission
At present, it is fully committed to ensure Commission’s
Truth and Reconciliation Commission
The Truth and Reconciliation Commission is a high level organization
created by the Executive Power through Supreme Decree N° 065-2001-PCM
of June 4th, 2001, as amended by Supreme Decree N° 101-2001-PCM,
aimed at clarifying the process, tasks and responsibilities
of terrorist violence and violation of human rights produced
from May 1980 to November 2000, imputable both to terrorist
organizations and to state agencies. It also aims at proposing
initiatives to strengthen peace and concord 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, thus requiring
all the support and cooperation of public and private institutions
and of citizens at large. Besides, it must direct its efforts
at analyzing the causes of violence, contributing with the
making of justice by competent organs and preparing institutional
reform and comprehensive redress to victims proposals.
SECOND CLAUSE: OBJECTIVE OF THE AGREEMENT
This agreement establishes the cooperation framework between
COMISEDH and the Truth and Reconciliation Commission for the
achievement of the following general objectives:
- Promoting the process of truth clarification, the rule
of justice and compensation for victims towards the consolidation
of the National Reconciliation Process and the strengthening
of the constitutional democratic regime.
- Promoting the
effectiveness of human rights in Peru, especially
emphasizing the restitution of violated rights as a consequence
of the violence which affected our country.
to the preparation of recommendations for legal, institutional
and educational preventative reforms; also
to the preparation of proposals for programs to redress the
- Promoting and disseminating the scope of the
Truth and Reconciliation Commission’s work seeking
to provide it with an important position in national life
and that it convokes the largest
number of sectors in society. To this effect, an action plan
and projects detailing the work of both institutions will
THIRD: COOPERATION AREAS
Pursuant to the objectives of this agreement, cooperation
areas are referred to the following issues:
Dissemination, training and sensitization.
COMISEDH will carry out dissemination and public opinion sensitization
actions regarding the COMMISSION’s functions, objectives
and attributions, prioritizing its actions among the populations
most affected by violence, particularly in Ayacucho.
It shall train groups and organizations that can support the
COMMISSION’S work and, most of all, local authorities
from districts and peasant communities, so as to prepare them
for the truth searching process. Likewise, it will perform
the necessary actions to prepare the population affected by
violence, especially peasant communities in Ayacucho, to involve
them actively in the truth searching process.
Support to the
COMMISSION’s investigation work
COMISEDH will support the COMMISSION through the following
- Gathering information referred to situations, cases and
areas formerly agreed upon by the parties, with a priority
- Delivering information related to the location
of clandestine burials, and all data, conclusions and investigations
or maintained by COMISEDH regarding those burials.
contacts with relatives, community authorities and others,
especially victims of violence,
achieve the COMMISSION’s research goals.
Information and Documentation
COMISEDH will make available to the COMMISSION its research
information regarding human rights abuses during the political
violence experienced by Peru. It will provide copies of its
files, and photographic, audio and video archives connected
to these violations.
Additionally, it will open its missing persons data bank to
the COMMISSION. COMISEDH has requested the COMMISSION to provide
all kinds of information, opinions, suggestions and others
that can help it in achieving its objectives.
Investigation on Missing Persons
COMISEDH will hand out the result of its investigation on missing
persons in Peru during the time of political violence.
Information regarding the state of emergency
COMISEDH will make available all the documents regarding the
state of emergency during all the political violence period.
COMISEDH shall participate under the COMMISSION’s direction
in organizing and developing CVR public hearings.
Redress proposals and recommendations
COMISEDH will prepare for the COMMISSION proposals on redress
to victims of political violence and recommendations to prevent
future acts of violence and impunity.
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.
The parties commit themselves to make the necessary efforts
and institutional arrangements to obtain total or partial economic
and financial support, from either public, private, national
or international sources.
SIXTH: AGREEMENT TERM
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: OPERATIONAL COORDINATORS
The following operation coordinators will help to comply with
the objectives of this agreement:
For the Commission: Javier Ciurlizza Contreras, Executive
For COMISEDH: José Carlos Agüero Solorzano
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.
This is why any controversies that could come up regarding
interpretation, execution or noncompliance, will be resolved
by agreement of the parties, taking as reference the agreement
signed between the Truth and Reconciliation Commission and
the National Coordinator of Human Rights.
In conformity with the contents and scope of this agreement,
the parties sign it in two equally valid copies in Lima on
the 2nd day of March, 2002.
Pablo Emilio Rojas Rojas
Human Rights Commission
Salomón Lerner Febres
Truth and Reconciliation Commission