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Peru : Questions

2009 > Transparent access to decision-making

Transparent access to decision-making

Are there legal mechanisms for civil society participation in public decision-making on issues relevant to the management of forest resources? If so, to what extent are these actually implemented?

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/

Is there a national forest forum?

Partially. As far as permanent dialogue spaces goes, Article 5 of the Forests and Wildlife Law, approved by Law No.27308, establishes the creation of the National Consultative Council of Forest Policy (CONAFOR) which, similarly to the National Table for Forest Dialogue and Consensus (MNDCF), formalised by Ministerial Resolution No.235-2005-AG, has not been implemented so far.
Currently, the participatory and decentralised process of revision and up-date of the Legislation on Forests and Wildlife is underway. This is established by Ministerial Resolution No.0544-2009-AG, whose conclusions will have to be merged with the agreements of the National Group of Coordination for the Development of Amazonian Peoples, which is in charge of outlining a Comprehensive Sustainable Development Plan for Amazonian Peoples, with regard to Education, Health, Titling and Formalisation of Lands and other necessary measures, according to what Supreme Resolution No.117-2009-PCM establishes, and which is modified by the Supreme Resolution No.211-2009-PCM Read more...

Are there local forest forums?

The state has set up a Rountable of Forest Consensus in some regions. Read more...

Is there an established, government-recognised list of stakeholders?

An official identification of the actors of the sector does not exist. However, some stakeholders can be identified as part of different institutional assessments and according to their participation in the design of some policy tools. Some actors of the forest sector are recognised by Ministerial Resolution No.315-2005-MINAG, which formalises the structure of the National Roundtable for Dialogue and Consensus. Read more...

Are reports on consultation processes public?

No (So far, no consultation process in the forest sector has been carried out) Read more...

Is there a procedure for consultation on new norms?

The development of Concerted Development Plans at regional level and the Participatory Budgets can be included, but these are regional norms that we are not analyzing in the first year of the Report Card.

Yes. Among others, there is the case of the Organic Law of Municipalities, approved by Law No.27972, whose Title VIII regulates the Rights to Local Participation and Control.

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