INSTITUTIONAL COOPERATION AGREEMENT BETWEEN EDHUCASALUD AND THE TRUTH AND RECONCILIATION COMMISSION

This document certifies the Institutional Cooperation Agreement entered into on the one hand by Asociación Civil Educación en Derechos Humanos con Aplicación en Salud (Civil Association for Education on Human Rights with Application on Health) hereinafter EDHUCASALUD , represented by Ursula Baertl Espinoza, identified by DNI N° 07886689, with legal domicile in García Calderón 362, Miraflores, Lima; and on the other hand the Truth and Reconciliation Commission, hereinafter THE COMMISSION, created through Supreme Decree N° 065-2001-PCM, represented by its President, Salomón Lerner Febres, identified with DNI N° 08771655 appointed to such position by Supreme Resolution N° 330-2001-PCM and authorized to enter into cooperation agreements by Ministry Resolution N° 212-2001-PCM, with legal domicile on Av. Salaverry 2802, San Isidro, Lima, in the following terms and conditions:

FIRST: PARTIES TO THE AGREEMENT

Truth and Reconciliation Commission

THE COMMISSION is a high level organ created by the Executive Power through Supreme Decree N° 065-2001-PCM on June 4th, 2001, complemented later by Supreme Decree N°101-2001-PCM, aimed at clarifying the process, facts and responsibilities of terrorist violence and violation of human rights produced from May 1980 to November 2000, attributable both to terrorist organizations and to State agents. It also aims at proposing initiatives to strengthen peace and concord among Peruvians.

THE COMMISSION has become the ideal mechanism to process and clarify the serious violations to human rights occurred during the violence period, thus requiring all the support and cooperation of public and private institutions and citizens at large. Besides, it must direct its efforts towards analyzing the causes of violence, contributing with the making of justice by competent organs and preparing institutional reform and comprehensive redress to victims proposals.

EDHUCASALUD is an Association made up by university and graduate students devoted to organize and participate in different activities related with the dissemination of Human Rights in the field of health. Likewise, it carries out educational, research, promotion, supervision and defense of Human Rights actions in the field of health, in coordination with other organizations and the State to develop public policies that ensure an effective exercise of the right to health and to strengthen the participation of civil society in that field.

SECOND: AGREEMENT OBJECTIVE

This agreement establishes the cooperation frame between EDHUCASALUD and THE COMMISSION for the achievement of the following general objectives:

1. Promoting the process of truth clarification, the rule of law and redress for victims towards the consolidation of the national reconciliation process and the strengthening of the constitutional democratic regime.

2. Promoting the effectiveness of Human Rights in Peruvian society, especially emphasizing the restitution of violated rights as a consequence of the violence which affected our country

3. Contributing to the preparation of recommendations for legal, constitutional, and educational preventative reforms; also the preparation of proposals for programs to redress the victims of violence.

4. 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 be prepared.

THIRD: COMMITMENT OF THE PARTIES

According to the agreement objective, EDHUCASALUD commits itself to develop the following activity related to the issue of mental health sequels:

a. Analysis of mental health sequels gathered in the testimonies by THE COMMISSION through:
i) Systematizing and making a qualitative analysis of mental health sequels from 1000 testimonies transcribed by THE COMMISSION’S personnel. Said testimonies will correspond to a representative sample of the universe of testimonies collected by THE COMMISSION.
ii) Preparing a report concerning the mental health sequels of the victims of political violence in the period THE COMMISSION is investigating.

The sample design and testimony selection will be THE COMMISSION’S responsibility

EDHUCASALUD will contribute with trained personnel for these activities.

EDHUCASALUD commits itself to keep the information THE COMMISSION submits it in strict confidentiality when developing its work under the responsibility of the association and team members.

THE COMMISSION commits itself to:

• Offer the EDHUCASALUD team the physical space and necessary input to work on the 1000 transcribed testimonies.
• Provide the information EDHUCASALUD requires for its work and train the members of the team for the handling of the 1000 transcribed testimonies.
• Make available for EDHUCASALUD the necessary information so that it can execute the activities foreseen in letters i) and ii) of the third clause in this agreement.

FOURTH: SPECIFIC AGREEMENTS

Specific agreements can be reached according to the assumed activities or tasks. These agreements shall establish their scope, duration and parties’ duties. Likewise, other cooperation areas can be established through them as well as their expansion.

FIFTH: FUNDING

For the execution of the current agreement’s objectives, the parties may request the necessary economic and financial support, be it public or private, national or international.

This agreement does not generate any financial liabilities to THE COMMISSION.

SIXTH: AGREEMENT TERM

This agreement shall be effective from the date it is signed and will be effective until THE COMMISSION completes the task conferred upon it by Supreme Decree Nº 065-2001-PCM, unless any of the parties communicates the other party in written form and with one month’s notice, its intention of resolving it.

SEVENTH: OPERATIONAL COORDINATORS

For the better compliance with this agreement’s objectives, the following operational coordinators are appointed:
For the Truth and Reconciliation Commission: Viviana Valz Gen, THE COMMISSION’S Mental Health Unit Coordinator.
For EDHUCASALUD: Camila Gianella Malca, member of EDHUCASALUD
So as to reach these agreement’s objectives, both parties, through operational coordinators or those appointed by them, commit themselves to hold joined coordination and action design meetings when any of the parties consider it necessary.

EIGHTH: INTERPRETATION AND CONTROVERSIES

This agreement is based upon the parties’ good faith. Hence, any controversies that could come up regarding interpretation, execution or non-compliance, shall be resolved by agreement of the parties.

In conformity with the contents and scope of this agreement, the parties sign it in two equally valid copies in Lima on the 29th day of October, 2002.

Salomón Lerner Febres
President
Truth and Reconciliation Commission

Ursula Baertl Espinoza
Director
EDHUCASALUD