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Guatemala : Indicators

2011 > 20 Key Indicators

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Is there a Freedom of Information Act, which has been passed by the government and established in law? Is the Act publically available in full from official sources (websites and/or offices)?  Read the report...

Freedom of Information Law

The Law of Access to Public Information passed in 2008 is available on various government websites. Read more...
Is there an explicit current document described as the national forest policy? Is the policy document available in full to the public from official sources (websites and/or offices)?  Read the report...

National Forest Policy

In the 2001 Forest Policy of Guatemala, the State sets out the policy to be followed in relation to the use, development, administration, recovery and management of forest resources. The policy is available on the web-pages of the Secretariat of Planning and Programming of the President and on website of the National Institute of Forests (INAB) Read more...
Is there a codified forest law and lower level norms (regulations, procedures, decrees, technical directives etc) that make the forest laws operative? Are the law and supporting norms available in full to the public from official sources (websites and/or offices)?  Read the report...

Codified Forest Laws and Norms

The Forest Law was decreed in 1996 and its 2005 code regulates the governance system for the forest sector in Guatemala. These laws are available on various webpages, but have as yet not been translated into indigenous languages. Read more...
Has the country signed an international trade agreement that relates to forest products (logging and other products)? Are the agreements, including official discussions on their content, available in full to the public from official sources (websites and/or offices)?  Read the report...

Signed International Trade Agreements on Forests

Guatemala has signed various international trade agreements and is in the process of signing others, however not all of the information surrounding these are easily available on-line. There are various documents about the Central America Free Trade Agreement with the United States, but there are not many about the Agreement of Association with the European Union that is currently being negotiated. Read more...
Are there any forest-specific written laws and regulations that develop the right to access public information on the sector? Are the provisions in laws and regulations available to the public through official websites and other sources?  Read the report...

Provisions for Transparency in Forest Laws

The forest laws and norms do not make specific reference to access to public information on the sector, but the Law of Access to Public Information stipulates the obligations of all public institutions. Read more...
Are customary and traditional rights recognised in codified forest law and norms? Are the provisions in the law and norms available in full to the public from official sources (websites and/or offices)?  Read the report...

Legal Recognition of Customary and Traditional Rights

Even though the State is obliged to recognise customary rights due to the Peace Accords signed in 1996, and even though these rights are recognised in the Constitution of the Republic, there is no specific recognition in forest laws and norms. Read more...
Are there any documented procedures (in the form of regulations, official guidance etc) that lay out the methodology for consultations that should take place regarding new forest-related policies, laws, regulations etc (for example on REDD)? Are the reports from consultation processes available?  Read the report...

Legally Recognised Procedure for Consultation on New Forest-Related Norms

The System of Development Councils ensures that there is a formal procedure for consultation on the implementation of forest policy and law, while the National Agenda stipulates consultation methods for evaluating policies and laws and suggesting improvements. Read more...
Is there any law that recognises the right to consent of indigenous peoples and communities on forest uses? Is the law available in full to the public from official sources (websites and/or offices)?  Read the report...

Law Recognising Right to Free Prior Informed Consent

There are a number of laws available to the public that recognise the right of consent of indigenous communities, but the procedures required to implement this right have not been regulated. Read more...
Is there an explicit current document that sets out the national policy on land tenure, including forest tenure? Is the policy document available in full to the public from official sources (websites and/or offices)?  Read the report...

National Land Tenure Policy

The Agrarian Policy for 2009-2012 and the National Policy for Integrated Rural Development stipulate the national policy on land tenure. Read more...
Are there official maps showing current forest ownership by title and/or forest areas where concessions, permits and other authorisations have been granted? Are the maps available in full to the public from official sources (websites and/or offices)?  Read the report...

Land Ownership and Forest Use Maps

There are no specific maps that comprehensively detail forest land tenure, but there are maps of forest licences and forest incentives at the national level, which also indicate land tenure of forested areas specific to those activities. Read more...
Is there a formally regulated system of permits for commercial logging operations? Are the contracts/permits granted under the system publically available from official sources (websites and/or offices)?  Read the report...

Regulated Permit System for Commercial Logging Operations

The Forest Law requires licences for forest use, but the contracts and other documents are not made available on the website of the National Institute of Forests; they are only available on request from its central office or from its regional directorates. Read more...
Is there a requirement in the forest law and norms for stakeholder consultation prior to the allocation of commercial logging permits? Are the reports from consultation processes available?  Read the report...

Legal Requirement for Stakeholder Consultation before Allocation of Commercial Logging Permits

In theory, before felling trees for commercial reasons, an environmental impact instrument must be used that requires public participation, as stipulated in Article 72 of the Regulation on Environmental Evaluation, Monitoring and Tracking. Read more...
Prior to the allocation of permits for logging or other extractive use (e.g. mining) of forest land, is there a formal process in the regulations for independent “due diligence” checks to verify the eligibility, suitability and capability (technical and financial) of applicants? Are the findings and conclusions of the verification process made available to the public?  Read the report...

Verification Process (Due Diligence) of the Eligibility of Permit Applicants

A due diligence process is required by the Forest Law and other regulations, as part of the forest management plans. These plans are only available by personal request from the National Institute of Forests (both regional and national), and not on its website. Read more...
Once a permit or concession has been issued, is there a formal requirement for the completion of forest management plans on the operations? Are the forest management plans available to the public from official sources (websites and/or offices)?  Read the report...

Forest Management Plans

There are requirements in the regulations for the completion of forest management plans, but these documents are only available on request to the National Institute of Forests and not on their webpage. Read more...
Is there a formally agreed system for the regulation of environmental services, such as water, carbon and biodiversity, as it affects forests? Are the regulations for the system available to the public from official sources (websites and/or offices)?  Read the report...

Regulation of Environmental Services

There are some regulations, such as one on biodiversity, but other environmental services, such as water, are not regulated at a national level. The legislation that exists is available on the webpage of the Ministry of Environment and Natural Resources. Read more...
Is there a formal strategic process set out in policy to determine the priorities for land use between forests, mining, large-scale agriculture, infrastructure development and other demands? Is the policy available in full to the public from official sources (websites and/or offices)?  Read the report...

Strategic Environmental Assessment of Development Priorities

There are various policies on development priorities, but none constitutes a strategic environmental evaluation to inform the priorities between different uses of the land and of natural resources. Read more...
Is there an independent monitor, auditor, ombudsman or any other body with an officially recognised role to scrutinise forest governance and operations? Are reports by the independent body available to the public?  Read the report...

Independent Monitoring of Forest Governance and Operations

A number of officially recognised bodies monitor the forest sector, such as the National Forest Programme and to a lesser degree the Office of the Human Rights Ombudsman, but they do not necessarily specifically oversee forest governance and operations. Read more...
Is there a regulated fiscal system to collect taxes and redistribute royalties from forest operations, or provide subsidies and funding to support forest operations? Are figures on the amounts collected and distributed available to the public from official sources?  Read the report...

Forestry Tax Collection and Funding Systems

There is a taxation system for the collection of taxes and redistribution of royalties resulting from forestry operations, and a system of forest incentives. Information on the taxes is available on the webpage of the Ministry of Finance and information on the incentives is available on the webpage of the National Institute of Forests. Read more...
Is the Forest Authority obliged under the norms to collect information on any infractors of the forest law? Are lists of infractors available to the public from official sources?  Read the report...

Forest Infractions

The Forest Law, the Regulation of the Forest Law and the Regulation on the Movement of Forest Products has rules on the penalties for forest infractions. The Ministry of Interior publishes articles on forest infractions, which it is obliged to do by the Law of Access to Public Information, but there does not exist a specific section for this purpose. Read more...
Is there a requirement set out in the norms for the Forest Authority to produce an annual summary of its activities? Is the report available in full to the public from official sources (websites and/or offices)?  Read the report...

Annual Forest Authority Report

The latest annual report of the National Institute of Forests about its activities in general was the Work Report of 2009. To date the 2010 and 2011 reports have not been published, but the National Council of Protected Areas has a more recent publication from 2010. Read more...
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