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Peru : Indicators

2010 > 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, 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.

Is there a national forest forum?

Currently, the Agricultural Commission of the Congress set up the working group on the Bill No. 4141/2009-PE "Forest and Wildlife Law" to discuss and debate the draft law. It was sent by the executive, which will also be discussed and consulted through public hearings in the regions.
Partly, as a permanent spaces for dialogue, Article 5 of the Forest and Wildlife Law, approved by Law No. 27308, provides for the establishment of the National Advisory Council on Forest Policy (CONAFOR) that, similar to the National Table for Forest for Dialogue and Consultation (MNDCF) formalized by Ministerial Resolution No. 235-2005-AG, has not been implemented to date. Read more...

Are there local forest forums?

Yes, the Regional REDD Table in San Martin has been recognized by the State through the Regional Executive Resolution No. 084-2009-GRSM/PGR. However there are also Regional REDD Boards in Madre de Dios, Piura, and Cuzco, in which government bodies participate, but they have not been recognized by a regional standard. These forums are promoted principally by civil society. Read more...

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

The Forest and Wildlife Law in article No. 5 created the National Advisory Council on Forest Policy (CONAFOR), as an advisory body to the highest level of the Ministry of Agriculture on Forest Policy and Wildlife. While the law establishes this body, there is no official identification of the different stakeholders in the sector. Read more...

Are reports on consultation processes public?

Yes, after finalising the consultation process, the results of the development of National Forest Policy and the Forest and Wildlife Law were presented.
The process of participation and the subsequent production of reports were only developed this year, which is why there is a difference with what was reported in the RCC 2009. Read more...

Is there any law recognising the right to free prior informed consultation?

No, the Congress approved the Law of Consultation of Indigenous Peoples, but this was commented on by the President of the Republic and the President of the Cabinet (the Executive) by virtue of their constitutional power to observe all or part of a law approved by the Congress. These comments are in contradiction of what was established in ILO Convention 169 about indigenous peoples and tribes, nonetheless the Congress approved all of the Executive’s observations. To date, the bill is in Congress waiting to be submitted to a new vote. Read more...

Is there any law recognising the right to free prior informed consent?

No, one of the executive’s notes to the record of Law on Consultation of indigenous peoples is that they don’t have the right to veto any legislative or administrative measures that affect them. Read more...

Is there a procedure for consultation on new norms?

Yes, among others, there was consultation, based on the laws listed below, on the formulation of National Forest Policy, the Forest and Wildlife Law, and the Anti-Corruption Plan of the forest and wildlife sector. These forums are promoted principally by civil society. Read more...
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