INSTITUTIONAL COOPERATION 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 and conditions:

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 Coordinator.

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 in Peru.

At present, it is fully committed to ensure Commission’s success.

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.
• Contributing to the preparation of recommendations for legal, institutional and educational preventative reforms; also to the preparation of proposals for programs to redress the victims of violence.
• 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: 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 initiatives:

• Gathering information referred to situations, cases and areas formerly agreed upon by the parties, with a priority in Ayacucho.
• Delivering information related to the location of clandestine burials, and all data, conclusions and investigations developed or maintained by COMISEDH regarding those burials.
• Facilitating contacts with relatives, community authorities and others, especially victims of violence, contributing to 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.

Public hearings
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.

FIFTH: FUNDING

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 Secretary

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
Chairman
Human Rights Commission

Salomón Lerner Febres
Chairman
Truth and Reconciliation Commission