AGREEMENT BETWEEN THE OFFICE OF CABINET’S CHIEF AND THE
UNITED NATIONS DEVELOPMENT PROGRAM
This document certifies the Agreement celebrated, on one hand,
by the OFFICE OF CABINET’S CHIEF, hereinafter “PCM”,
dully represented by its head, Mr. Roberto Dañino Zapata
and on the other hand, the UNITED NATIONS DEVELOPMENT PROGRAM,
hereinafter “UNDP”, dully represented by its Resident
Representative, Mrs. Kim Bolduc, pursuant to the terms and
conditions set forth below:
1.1. The Office of Cabinet’s Chief (PCM) is a Public
Entity created by the Legislative Decree N° 560, Peruvian
State’s Executive Power Law, aimed at, among other
things, helping the President of the Republic to direct the
policy of Government, by coordinating the cross-sectorial
activity of the public and administrative function of the
1.2. Through Supreme Decree N° 065-2001-PCM, the TRUTH
COMMISSION was created aimed at clarifying the process, facts
and liabilities of terrorist violence and of the human rights
violation produced from May 1980 to November 2000, attributed
to terrorist organizations as well as to State members. It
is also in charge of proposing initiatives aimed at asserting
peace and harmony among Peruvians. Through S.D. N 189-2001-EF,
resources are allocated to the TRUTH COMMISSION by the Office
of Cabinet’s Chief (PCM) Budget Line, so that the COMMISSION
starts its operation and implementation.
1.3. UNDP is a Multilateral Technical Cooperation Entity which
promotes the National Execution of Projects, understood as
a way aimed, essentially, at strengthening the technique and
institutional capabilities existing in the country, by using
and promoting the capability and efficiency of the national
execution entities. UNDP is a part of the United Nations Organization
System, which is based on universally known principles, such
as the promotion and protection of human rights. UNDP, by strengthening
initiatives related to human rights, promotes that one of the
main objectives of the United Nation’s system be sustainable
1.4. Since the objectives of the Truth and Reconciliation
Commission are acknowledged by the civil society and the main
political parties, as key elements for the long and mid term
development of the country and taking into account that the
UNDP’s mandate includes contributing to the increase
of democratic governability, UNDP deems fair to provide its
support to such Commission works, in the conditions set forth
in this Agreement.
1.5. UNDP, to channel its assistance to PCM, within the framework
of the main activity called “Terrorist Violence and Human
Rights Violation Research”, will implement the Project
PER/01/023- “TRUTH AND RECONCILIATION COMMISSION”,
which objectives and results will be specified in the corresponding
1.6. UNDP will provide US$ 50 000 (fifty thousand US dollars),
for the implementation of the PER/01/023 Project, once this
Agreement has been entered. Such amount will be available in
the PER/01/023 Project Budget.
1.7. On its part, the Peruvian Government will carry out a
contribution to such project of S/. 919 300 (nine hundred nineteen
thousand three hundred soles), which will be considered as “shared
costs”. Under this concept, we must consider the financing
coming from financial sources other than those of UNDP. This
support of “shared costs” will be transferred to
UNDP between September 1 and December 31 of this year, through
PCM, in order to use them in the framework of PER/01/023 Project.
1.8. PER/01/023 Project will receive during 2002, amounts
from the Government’s Treasury, additional to those specified
in the foregoing paragraph, which will be opportunely communicated,
in order to increase the “shared costs” resources
of said Project.
1.9. Besides from UNDP’s support, the Project will be
able to receive “shared costs” resources coming
from other international cooperation sources, concerned with
helping the Truth and Reconciliation Commission goals and/or
the PER/01/023 Project objectives.
2.1. PCM hereby requests UNDP its technical and professional
assistance in its capacity as a Multilateral Technical
Cooperation Entity, in relation to the execution of activities
will be financed with the resources mentioned in the foregoing
Section. The initial financing for the corresponding management
is S/ 919 300, amount which comes from the difference between
the authorization issued by Ministry Resolution N° 147-2001-PCM
dated August 2, 2001, and the fund schedule of August.
2.2. In this regard, by this document, the parties agree that
UNDP will directly manage and receive the amount determined
in the foregoing paragraph coming from PCM, as well as additional
and complementary funds of the Government’s Treasury
and from other international cooperation funds, which together
with UNDP’s support will be allocated to providing technical
and professional assistance for the execution of the TRUTH
COMMISSION project, which has the following goals:
a) Analyzing the political, social and cultural conditions,
as well as the behavior which, from society and State institutions,
contributed to the tragic violence situation Peru went through;
b) Contributing to clarify, through the respective jurisdictional
entities, the crimes and human rights abuses committed by terrorist
organizations or some state members, trying to determine the
victims’ whereabouts and situation and identifying, to
a greater extent, the alleged responsibilities;
c) Preparing reparation and importance proposals of the victims
and their relatives;
d) Recommending institutional, legal, educational and other
reforms, as prevention guarantees, so that they are received
and processed by legislative, political and administrative
e) Establishing monitoring mechanisms of their recommendations.
2.3. The amounts determined in the above paragraphs (2.1)
and (2.2), will be transferred progressively to PNUD, through
checks on behalf of the latter, pursuant to the needs the TRUTH
COMMISSION activities considered on this Agreement require.
2.4. In this regard, PCM and UNDP agree to carry out activities
aimed at providing technical and professional assistance for
the TRUTH COMMISSION development areas. The enforcement of
the scopes of this Agreement will be carried out through a
UNDP Project which code will be PER/01/023. Therefore, pursuant
to the norms ruling UNDP actions, the respective Project Document
will be prepared.
2.5. The Project Document will have to reflect the fundamental
and long term contribution the TRUTH COMMISSION – with
the support from PCM, UNDP and other international cooperation
agents – will carry out to guarantee the right of Peruvian
society to know the truth, by facing the painful past firmly
and without wish of revenge, by clarifying the terrorist violence
facts and the serious abuses to human rights occurred during
the last two decades, so that these do not happen again, and
by creating the necessary conditions for a reconciliation based
3.1. PCM will act on behalf of the Peruvian Government, as
National Executive Entity for the actions considered in this
Agreement, for which it will assign an officer who will act
as National Director of the Project mentioned in the above
paragraph (1.5). Likewise, PCM will appoint an Acting Director
in case the Head is absent due to service reasons.
3.2. PCM will be in charge of agreeing on the respective amounts
which, within the framework of this Agreement, finance its
activities and of gather said requirements in a single Budget
which will be included as part of the Project Document mentioned
in the above paragraph (1.5).
3.3. The Budget referred in the foregoing paragraph and the
resources transferred by PCM will be the only referents which
UNDP will take into account for the compliance of its commitments
included in this Agreement.
3.4. PCM, within the framework of this Agreement, will be
in charge of the following tasks:
a) Using the resources pointed out in paragraphs (1.6) to
(1.9), exclusively for the scopes appointed in “TRUTH
COMMISSION” PER/01/023 Project, thus ensuring the interests
of the State, PNUD and other entities which could join to provide
support to said Project.
b) Preparing, in coordination with UNDP, the Project Document
mentioned in paragraph 2.4, where the objectives and results
to be obtained in the framework of this agreement are detailed,
as well as the needs from consultants and the financial requirements
correspondent to PCM.
c) Identifying the required consultants for the compliance
of the goals appointed in the Project Document.
d) Identifying the requirements of supplies/equipments/services
which are required for the compliance of the goals appointed
in the Project Document.
e) Preparing the reference terms for the individual consultants
/ consulting companies / service companies and, once hired,
being in charge of the respective monitoring, technical supervision
and compliance certification of the assigned tasks.
f) Signing contracts on behalf of the project, with individual
consultants / consulting companies / service companies.
g) Preparing and periodically submitting to UNDP the advance
reports and the final report considered within the Project
h) Preparing and submitting to UNDP the corresponding payments
applications, which will be paid by the National Director assigned
by PCM for said task.
i) Approving, with the external auditors selected by UNDP,
the accounts and financial statements certification.
3.5. UNDP, in compliance with Section 2 (Objective) of this
Agreement, will be in charge of supporting PCM, within the
norms ruling national execution projects, with the following:
a) Helping PCM to prepare the Project Document mentioned in
paragraph 2.4 of this Agreement.
b) Helping PCM to coordinate with other international entities
with which UNDP is institutionally related and which may contribute
to achieve the objectives and results considered in the Project
c) Helping PCM to promote the raising of additional funds
from international cooperation sources, different to UNDP.
d) Helping PCM to identify national consultants and/or international
experts, as well as to prepare the respective reference terms
and, if necessary, the required contractors signatures.
e) Taking care that the profile proposed by PCM for the staff
to be hired for the Project, corresponds to the respective
Reference terms. Otherwise, UNDP may object the proposal, communicating
it to PCM and making the corresponding recommendations.
f) Carrying out the Project monitoring and assessment, in
compliance with the norms ruling national execution of UNDP
g) Identifying, within the group of UNDP Projects, those which
may have interesting elements for PCM and addressing the documents
of the case, as well as promoting coordination meetings among
PCM and those in charge of said projects.
h) Managing the contracts of consultants and/or contractor
firms, taking care that they comply with the terms stipulated
in the contracts.
i) Verifying the origin of the payment applications and carrying
out the appropriate payment.
j) Preparing the financial reports with the frequency required
by PCM, which will reflect the applications of payments made
and duly entered by PCM for the execution of the Project, with
the corresponding payment registries carried out by UNDP.
k) Selecting the external auditors to be hired for the accounts
certification of the Technical Assistance Project and of its
financial statements, in compliance with the UNDP procedures
and taking care of their hiring, subject to Non-Objection from
l) Providing diverse services which PCM may reasonably require.
3.6 The consultants and/or contractors to be financed with
the funds referred in this Agreement, will be hired pursuant
to the norms ruling UNDP Projects under the mode of national
execution. Said consultants and/or contractors will be fully
responsible of the tax liabilities derived from their respective
3.7. The Health Insurance, Pension Fund and Life Insurance
coverage will be exclusively under the responsibility of the
consultants financed with the funds referred in this Agreement.
With no detriment of this, PCM may include individual or corporate
insurances, as long as there are resources especially allocated
3.8. Consultants financed with the funds referred in this
Agreement will not be considered as United Nations System officers,
nor from other international entities which – if necessary – shall
participate in the execution of this Agreement. Likewise, they
will not be liable to the UNDP Statute and Staff Regulation,
nor the UNDP Privileges and Immunities Agreement, subscribed
with the Peruvian government.
3.9. UNDP will take care of the transparency and quality of
the procedures, as well as of its compliance with the norms
in force in the international cooperation.
3.10. UNDP will submit to PCM, its Procedures Guide, as a
reference instrument to analyze the different operations referred
in this Agreement. In order to guarantee the understanding
of the Guide’s scope, UNDP will organize information
and training meetings on UNDP procedures for the PCM‘s
3.11. PCM and UNDP, in a term no longer than 10 days after
having celebrated the Project Document mentioned above in paragraph
(1.5), will agree on a coordination meeting schedule, in order
to assure the compliance of the Objectives, Results and Activities
indicated in said Document, and if necessary, to assure taking
opportunely corrective measures.
3.12. UNDP will provide the Government, no later than April
30 of each year, until the conclusion of its services, with
a Financial Statement showing the use of funds spent during
the previous year.
4. COMPENSATION TO UNDP
4.1. In consideration to the services and expenditures implied
by UNDP participation, this entity will charge and PCM will
acknowledge, as only payment, an amount equivalent to three
point five percent (3.5%) of the total amount spent coming
from the “shared costs” resources which are referred
above in paragraphs (1.7) and (1.9).
5. GENERAL LIABILITIES
5.1 PCM and UNDP agree to meet with all the dispositions included
in this Agreement, in all matters concerning each party.
5.2. The parties agree that, upon request of any of them,
an external audit could be carried out to certify the account
and the financial statements, for which the selection of an
auditor firm will be jointly agreed. The National Director
appointed by PCM for this project will be in charge of approving
5.3. Except from any contrary disposition, all the financial
statements and accounts will be expressed in US dollars and
will be liable to the procedures of internal and external audit
specified in the United Nations financial regulations, norms
5.4 For any kind of operation implying current exchange to
US dollars, the Exchange rate in force in the United Nations
will be used.
6.1. Any notice or any other kind of communication which is
related to this Agreement, must be in written. The notice
will be considered to have been carried out when it is sent
to the following address:
PCM: Av. 28 de Julio 878, Miraflores, Lima 18
UNDP: Av. Benavides 786, Miraflores, Lima 18
7.1. This Agreement will come into force at the moment of being
subscribed and will end on October 15, 2002, and can be renewed
upon request of PCM and upon the corresponding approval of
7.2 Without detriment of what is set forth in the foregoing
clause, each part may resolve this Agreement prior written
notice ninety days in advance. By sending or receiving this
notice, UNDP, with the cooperation of PCM, will adopt all the
necessary measures to orderly stop its services. During this
period all the parties will ensure the due compliance of the
7.3 UNDP will be able to interpret as cause to resolve this
Agreement, the improbable presence of informal interferences
which try to influence UNDP, in relation to the processes charged
to this entity for the hiring of goods and services suppliers.
7.4. None of the decisions stipulated in this Agreement may
be interpreted as a waiver, on the UNDP’s side, to the
United Nations Privileges and Immunities Agreement, which protect
all its actions.
8. FINAL DISPOSITION
8.1 The parties agree to cordially and jointly resolve any
controversy or difference which arises on the interpretation
or the enforcement of this Agreement and will make all the
possible efforts in order to overcome the same in the shortest
term possible. Should any controversy or difference arise
which is not resolved by agreement between the parties, the
same will be submitted to the arbitration norms in force
in the United Nations, through the mechanism denominated
UNCITRAL. The parties agree to follow the decision dictated
by the agreed arbitration tribunal, as a final sentence for
This Agreement is subscribed in four (04) original copies with
the same value, in the city of Lima on the 30th day of August
Office Cabinet’s Chief – United Nations Development
Mr. Roberto Dañino