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Peru: Recommendations

a) For the Forest Authority and other government bodies:

  • With the creation of the National System for Forest and Wildlife Management (SINAFOR), it is necessary to develop an information system which supports coordination of the different institutions with responsibilities in the forest sector; this system should also be linked with the Development Plan for the Information Society in Peru (approved by Supreme Decree No. 066-2011-PCM) which includes in its objectives strengthening access to information and legal services through intensive use of information and communication technologies and providing the population with access to information, procedures and public services through all means.
  • With the creation of the new forest authority represented by the National Forest and Wildlife Service (SERFOR), these institutions need to be represented by suitable people with experience in the sector that are able to quickly implement the changes presented by the new Forest Law.
  • Given that a regulation for transparency and access to information exists, it needs to be complied with faithfully by the state organisations connected with forest management with corrective measures applied in cases of non-compliance.
  • The documents, guides and methodologies drawn up for the consultation process for the Forest and Wildlife Law and the National Forest Anti-Corruption Plan are, to a certain extent, a guiding framework for the implementation of a recognised procedure for consultation on new norms for the forest sector. This takes into account the level of participation of the stakeholders involved, access to information, the forums opened, the contributions received by the participants and the time used. These are experiences which can help to delimit a suitable process, which is both participative and inclusive, and takes into account the lessons learned.
  • In order to have a clear policy in the forest sector, which does not need to be deduced from associated regulations or management plans, the process of designing a National Forest Policy needs to continue; this will set out the steps for implementation of the recently promulgated Forest and Wildlife Law (Law No. 29763) and will mean that other regulations will be repealed when it comes into force.

b) For the Legislative Assemblies

  • The consultation process on a regulation that might affect the interests of a population is not carried out through information sessions or public hearings. These are part of a process that should be followed in accordance with Convention No. 169 and the recently approved Law on Prior Consultation. It is necessary to look at the experiences obtained in the consultation processes carried out in Peru, thereby allowing an evaluation of the lessons learned.
  • The legislative institutions need to be involved in participative processes for formulation of laws, and there need to be skilled professionals who make access easier to the information transmitted. The recent consultation processes for the Forest Law were sharply questioned, not only because of the short time given to the process, but also because of the methodology used.

c) For Civil Society

  • In the framework of forest governance, civil society should play the role of monitor, defender and in some cases overseer of the compliance and access which must be provided by the institutions connected to the forest sector. With the implementation of the National Commission for Forests and Wildlife, this role could be strengthened.
  • In addition, it is not only the State organisations which must make public information available to citizens; the civil society institutions should also do so to enable citizens to have a greater chance of obtaining information. This is all the more true for those institutions linked to the forest sector because they are activities which involve the use of natural resources considered to be forest heritage.

d) For the donors

  • Although donors have a role more akin to observers, they must also be asked to ensure that their proposed projects or financed projects are agreed with the affected populations, so that they can feel included in the process and not just a part of a result.
  • The results of projects must be presented in public to reveal the impacts of the activities carried out and how they will improve the sector; in this way, not only will the collected information be included in a draft document owned by the donor organisation, but it will be shared at the same time.
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