Peru : Indicators

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.

It there an explicit current document which defines or describes land and forest tenure policy? If so, has it been used to inform the forest law and other norms (or has it been produced after the forest law)? Is it up-to-date or does it require revisions in the light of REDD, mining, tenure conflicts, or other threats and opportunities?  Read the report...

Is there a published policy on forest tenure?

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. Forest land cannot be granted in property, but through forest concessions for the use of timber and non-timber resources. Read more...

Where private forestland ownership is possible within the Constitution and legal framework, can the ownership of each area of forest be publically accessed?  Read the report...

Is there a register of private forestland owners? Is it accessible to the public?

There is no register of ownership of forest lands, but there is a Register of Concessions of Forests, Wildlife and for Forestation and Reforestation. Read more...

Does the law make a clear difference between owners and users of forests / forest products? If so, please explain it.  Read the report...

Is there a difference in law between ownership and use?

Yes. Ownership implies the possibility to use, enjoy, manage and claim a good - while rights over forest lands are limited to the use of their fruits and products by those entitled to such rights. Read more...

Is it codified and understood who has rights to timber, minerals, non-timber forest products, wildlife, water, carbon etc? Are all these types of product available to all, or is there some form of differentiation (for example, private forest owners can issue the right to log, but only the state can issue the right to mine; or only the state can issue the right to log, but local communities who own the land can issue the right to collect non-timber forest products).  Read the report...

Is the ownership of different forest products clear?

Yes, according to what was established in Article 4 of Law 26821, Constitutional Law for the Use of Natural Resources: "Natural resources, kept in their original place, being these renewable or not, are the heritage of the nation. The benefits and products of natural resources obtained in the form established by the Constitutional Law for the sustainable use of natural resources, by means of award of concessions, belong to the owners of the rights granted."
It should be mentioned that in the specific case of the right of carbon trading, this right has not been defined in the legislation on the subject. Read more...

Are there clear, documented, understood and accessible steps for resolving tenure conflicts?  Read the report...

Is there a dispute-settlement process for tenure conflicts?

Yes, but there are no data to determine the exact number of lawsuits because the government has not systematized such information. Read more...

It is possible, at national or sub-national level, to view or obtain maps indicating forest ownership and current permit-holders for different forest use? So, for example, it is possible to calculate what proportion of forest land has documented title, or what proportion is under logging concessions? Are such maps digitised?  Read the report...

Are ownership and forest land use maps available?

Yes. There is a digital map information base of the rights granted available at the level of National Forest Authority, but this is not published on the website; it is necessary to access it through a request pursuant to Executive Resolution N º 257-2004-INRENA. Read more...