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Peru : Data

2009

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Themes

Transparency norms

As a right recognised in article 2 numeral 5 of the Political Constitution of Peru, transparency has been regulated by different Laws and Supreme Decrees, such as the Transparency and Access to Public Information Law approved by Law No.27806.  Read more...

Legal standing

As long as citizens comply with the requirements for being recognised as legal persons according to any of the Non Profit Organisation forms (association, foundation and committee), as established by Article 76 and following of the Civil Code, approved with Legislative Decree No.295 and amending norms.  Read more...

Forest legal framework

All the forest legal framework is not accessible on the Official Website of the Ministry of Agriculture. For instance, the Law on Forests and Wildlife, approved by Law Nº 27308, cannot be found, nor its Regulation. However, laws of lower level issued since 2008 can be found.  Read more...

Transparent access to decision-making

Law No.26300, "Law on the Right of Citizens Participation and Control”, regulates mechanisms and procedures for civil society participation in public decision-making. A normative framework on participation specifically related to the forest sector does not exist.
Source
Law on the Rights to Citizen Participation and Control, approved by Law Nº 26300 (26/09/2001) http://spij.minjus.gob.pe/  Read more...

Tenure and land use

Lands available for titling are still under a process of physical-legal review clearing the property (Art. 70 and 88 of the Political Constitution of Peru). This includes the lands of Native and Peasant Communities, as well as rural properties occupied by settlers. According to Article 66 of the Political Constitution of Peru and in the Constitutional Law for the Sustainable Use of Natural Resources Use, forest lands cannot be sold.
Source
The Body for the Formalisation of Informal Property - COFOPRI, which is a decentralised public body within the Housing Sector, is in charge of designing and implement the programme of formalisation of the property at national level.
COFOPRI carries out the survey, modernisation, consolidation, conservation and update of the national property registry resulting from this formalisation. The functions of COFOPRI are currently being transferred to Regional Governments; http://www.cofopri.gob.pe/quienes.asp?i=7  Read more...

Allocation of permits / user rights

Since 2005, no new concession allocation process has been launched until the decentralisation process is complete. During the period 2000-2005 the granting of forest rights was carried out according to Article 10 of the Forests and Wildlife Law, approved by Law No.27308, as well as in Articles 55 and 106 of its Regulations.  Read more...

Logging operations

No information is given to the public  Read more...

Extraction of other forest products

The rules for the use of other forest products are set in the Regulation of the Law of Forest and Wildlife, approved by Supreme Decree No. 014-2001-AG.  Read more...

Environmental services

There is no regulation in this regard. Currently, there are two Law Projects on this issue, awaiting debate in the Congress.
Source
Ruling in Law Projects N° 2386/2007-CR, which proposes a Law of Promotion and Compensation for Environmental Services, and 3213/2008-PE, which proposes a Law on Environmental Services
http://www2.congreso.gob.pe/Sicr/ApoyComisiones/dictamen20062011.nsf/DictamenesFuturo/54A4BF4A6607A87E052575EF00738FC9/$FILE/02386DC16MAY100709.pdf  Read more...

Cultural services

The granting and the location of conservation or ecotourism concessions are published in the official journal.  Read more...

Extra-sectoral activities affecting forests

Decisions about extra-sectoral operations are not transparent.
There are extra-sectoral threats to the forest as long as the legal dispositions give priority to the development of extractive activities of other sectors, to the detriment of the adequate management of forest resources.  Read more...

Fiscal regime: tax collection and redistribution

There is a series of economic incentives for the development of forest activities: the percentage reduction of the right to use set by the Forests and Wildlife Law, approved by Law No.27308 and amendments; and the tax benefits set by the Law for Investment Promotion in the Amazon, approved by Law No.27037 and emendations.
Source
Forests and Wildlife Law, approved by Law Nº 27308 (16/07/2000)
Law of Investment Promotion in the Amazon, approved by Law Nº 27037 (30/12/1998); http://spij.minjus.gob.pe/  Read more...

Forest law enforcement

Citizens are partially encouraged to assist with law enforcement. The state has issued laws that contribute to the enforcement of the Forests and Wildlife Law, including: the creation of the Forest National Council (CONAFOR), the Law on the Right of Citizens Participation and Monitoring Rights, the Regulations on Transparency, Access to Environmental Public Information and Participation and Consultation in Environmental Issues. However, CONAFOR has not been implemented, nor can citizens exercise their citizenship, i.e. the right to make requests and demand state accountability.
Also, there is a constitutional recognition of the rights of citizens to participation, transparency and access to public information.
Source
Forests and Wildlife Law, approved by Law Nº 27308 (16/07/2000);
Law on the Rights to Citizens Participation and Monitoring, approved by Law Nº 26300 (26/09/2001);
Regulations on Transparency, Access to Environmental Public Information and Citizen Participation and Consultation in Environmental Issues, approved by Supreme Decree N° 002-2009-MINAM (17/01/2009);
http://spij.minjus.gob.pe/hts  Read more...

'Anti-transparency' norms

Access to information is a fundamental right recognised in the Political Constitution of Peru, as well as in various norms which develop its content - like the jurisprudence of the Judicial Power and of the Constitutional Tribunal.
Because of the above, a law that prevents transparency would be unconstitutional.  Read more...

Publications

Though the Transparency and Access to Public Information Law obliges the Forest Authority to publish the information related to the sector, as of October 2009 it has not complied with this requirement.  Read more...

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