Peru : Data

Transparency norms

Yes, as a right recognized in article 2 number 5 of the Political Constitution of Peru, it has been regulated by different Laws and Supreme Decrees, such as the "Transparency and Access to Public Information Law" approved by Law No.27806 and it’s modification Nº 27927. Read more...

Legal standing

Yes, as long as they comply with the requirements for being recognized as juridical persons according to any of the Non Profit Organization 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

The Forest Law portal of the General Forest and Wildlife Directorate of the Ministry of Agriculture holds the legal standards organized by theme, chronological order and region , as well as a link to the main repealed laws and regulations. While the standards are available, there is no search mechanism to access the rules organized in chronological order.
Source:
http://www.legislacionforestal.org/legislacion/por-temas/legislacion-forestal/ Read more...

Transparent access to decision-making

Law No.26300, Citizens’ Rights of Participation and Control Law, 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. Read more...

Tenure and land use

No. The land that could be titled is still in the process of physical and legal reorganisation (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. Forest land ownership is not delivered in accordance with Article 66 of the Constitution of Peru and the Organic Law on the Use of Natural Resources.
The Body for the Formalization of Informal Property (COFOPRI), a decentralized public body part of the Housing Sector, is the main body in charge of designing and implement the programme of formalization of the property at national level.
COFOPRI implements the raising, modernization, consolidation, conservation and updating of the property registry derived from the formalization. Currently the functions of COFOPRI are being transferred to Regional Governments. Read more...

Allocation of permits / user rights

Yes, based on the information relating to the granting of forest rights in the period 2000-2005, these processes were conducted in accordance with the provisions of Article 10 of the Forest and Wildlife Law, approved by Law No. 27308, as well as Articles 55 to 106 of the Regulations. Read more...

Logging operations

No. The decisions that have been approved for permits and concessions, as well as their corresponding Forest Management Plans, are not published. Citizens are not informed about the activities of logging operations. Read more...

Extraction of other forest products

No, even though the rules do exist, not all of the citizens are informed; the mechanisms of transparency and access to information are insufficient. Read more...

Environmental services

There is no regulation in this regard. Currently, there is a Bill on the subject, which is being debated at the level of Congress. Read more...

Cultural services

There is an existing legislation and regulations on this topic, which specifies that information on the location and extent of any Ecotourism and Conservation Concession need to be published before being granted both in the newspaper El Peruano and in a local circulation paper. Read more...

Extra-sectoral activities affecting forests

The decisions on other activities are not transparent.
Although there are other activities that threaten forests, the legal system prioritizes the development of the extractive activities to the detriment of proper management of forest resources. Read more...

Fiscal regime: tax collection and redistribution

Yes, the Forest Canon Law regulates this matter. Read more...

Forest law enforcement

The State has issued regulations that contribute to compliance of the Forest and Wildlife Law, including the creation of the National Forest Council (CONAFOR), the Citizens’ Rights of Participation and Control Law, the Regulation on Transparency, Access to Environmental Public Information and Citizens’ Participation and Consultation in Environmental Matters. However, CONAFOR has not been implemented, and the public is therefore prevented from exercising their civic responsibility, i.e. the right to petition and state accountability.
There is also a constitutional recognition of rights to public participation and transparency and access to public information.
The Forest Management Committees are also a mechanism for civil society participation as an area of monitoring, control and surveillance. Read more...

'Anti-transparency' norms

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

Publications

The Forest Authority is not fully complying with the Law on Transparency and Access to Public Information, which obligates it to publish the information related to the Forest sector. Read more...