INSTITUTIONAL COOPERATION
FRAMEWORK AGREEMENT BETWEEN THE TRUTH AND RECONCILIATION COMMISSION
AND THE NATIONAL TABLE FOR PEOPLE DISPLACED AND AFFECTED BY
POLITICAL VIOLENCE – MENADES
This document certifies
the Institutional Cooperation Framework Agreement entered into
on the one hand by the Truth and Reconciliation Commission,
hereinafter THE COMMISSION, created through Supreme Decree
N° 065-2001-PCM, complemented by Supreme Decree N° 101-2001-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 by
Ministry Resolution N° 212-2001-PCM to enter into agreements
with private sector entities, with legal domicile on Av. Salaverry
2802, district of San Isidro, province and department of Lima,
and on the other hand the National Table for People Displaced
and Affected by Political Violence –MENADES, hereinafter
MENADES, registered in the Public Registry of Lima under entry
N° 11031674 duly represented by its National Coordinator,
Mr. Juan Mendoza Montesinos, identified with DNI N° 07959567
with legal domicile on Tizón y Bueno N° 829, district
of Jesús María, province and department of Lima
in the following terms and conditions:
FIRST: PARTIES
The following are parties
to this agreement:
a. 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, 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.
It promotes national reconciliation, the rule of law and
strengthening
of the democratic institutional regime.
By virtue of its
mandate, the CVR may request cooperation from public and
private institutions and citizens at large
whenever
it considers it relevant
b. National Table
for People Displaced and Affected by Political Violence –MENADES
MENADES is a group of institutions, organizations
and people of well-known background who work with population
affected
by political violence. It has been working since 1991
and seeks to contribute with restitution of individual
and
political right for the affected families, and the
reconstruction of
their economic, social, political and cultural life,
with a
psychosocial approach for their mental well-being.
SECOND: COMMON INTERESTS
THE COMMISSION and MENADES share the mutual
interest and purpose of going towards national reconciliation
based
upon the rule
of law and the strengthening of the constitutional
democratic system. To this end, they agree to join
efforts and develop
actions that contribute to clarify violations to
peasant communities’ collective
rights which fall under the commission’s mandate
according to Supreme Decree N° 065-2001-PCM.
Said approach will seek to build a national dialog
space between
peasant communities
and urban sectors to jointly reconstruct collective
memory, find out the truth and contribute to reconciliation
and
peace.
THIRD: OBJECTIVE
This agreement aims at establishing cooperation and coordination
relationships between THE COMMISSION and MENADES in designing
and executing joint actions to clarify the process, facts and
responsibilities of terrorist violence and violation of human
rights in order to reach national reconciliation and strengthen
the rule of law, as well as preparing redress and dignified
proposals for the victims and their families, particularly
among populations and communities in the areas affected by
political violence.
FOURTH: ACTIONS BY PARTIES
The parties commit themselves to jointly carry out the following
actions:
- Sensitizing the communities where they work on
the need and importance of finding out truth, the rule of
law and redress
and their relationship with the construction of a comprehensive
and sustainable development of the community.
- Establishing
communication channels and participation mechanisms for
the population with special impact on those affected
by violence.
- Contributing to the education and training of work teams
at THE COMMISSION’S regional offices guiding them
with an appropriate psychosocial and mental health approach.
- Developing
specific ways of cooperation that MENADES will provide
for gathering testimonies individually, in families and
communities in urban and rural spaces, particularly in affected communities,
according to methodological guidelines approved by
THE COMMISSION.
- Collaborating in the organization of public
hearings in coordination with THE COMMISSION.
- Developing
other community dialog spaces enriched with a perspective
of respecting national cultural diversity.
- Developing
actions to bring information back to the communities intervened.
Disseminating MENADES work in regional
and zonal headquarters and the areas THE COMMISSION works in.
- Providing MENADES
with the public information and documentation produced
by THE COMMISSION related to the objective
of this agreement and with MENADES’ objectives, except for
those reserved according to THE COMMISSION
criteria.
- Providing THE COMMISSION with public information and documentation
produced by MENADES related with the objective
of this agreement except for those that are reserved.
- Disseminating joint actions
carried out within the agreement framework.
- Training MENADES
officials for gathering testimonies based upon the work
instruments prepared by THE
COMMISSION.
FIFTH: COMMITMENTS OF THE PARTIES
The parties commit themselves to carry out the actions
specified in clause fourth in coordination with THE COMMISSION’S
areas in regional offices according to THE COMMISSION’S
organizational structure and its objectives. SIXTH: SPECIFIC AGREEMENTS
Specific agreements can be reached in connection with the
commitments assumed in the preceding clause expanding or amending
their scopes or on different topics provided that they are
related with the objective of this agreement. These agreements
shall establish their scope, objective, duration, and parties’ duties.
SEVENTH: OPERATIONAL COORDINATORS
For the better compliance with this agreement’s objectives,
the following operational coordinators are appointed. They
will be in charge of coordinating actions so they are fully
complied with.
For THE COMMISSION: Javier Ciurlizza Contreras, Hortensia
Moncloa de Alayza, Eduardo González.
For MENADES: Juan Mendoza Montesinos
EIGHTH: 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.
NINTH:
RESOLUTION This agreement is based upon the parties’ good faith.
This is why any conflicts that could arise concerning interpretation,
execution or non-compliance shall be resolved by mutual agreement
TENTH: 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.
In conformity with the contents and scope of these agreements,
the parties sign it in two equally valid copies in Lima on
the 8th day of February, 2002
Juan Mendoza Montesinos
Coordinator
MENADES
Salomón
Lerner Febres
President
THE COMMISSION
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