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Peru : Indicators

2011 > 20 Key Indicators

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Is there a Freedom of Information Act, which has been passed by the government and established in law? Is the Act publically available in full from official sources (websites and/or offices)?  Read the report...

Freedom of Information Law

Peru has rules that demand transparency and access to information, especially the Law of Transparency and Access to Public Information, however the majority of government bodies do not comply with the minimum standards required by the norm, and as a result information provision is still insufficient and incomplete. Read more...
Is there an explicit current document described as the national forest policy? Is the policy document available in full to the public from official sources (websites and/or offices)?  Read the report...

National Forest Policy

There is a document called the third preliminary version of the National Forest Policy, which was updated in June 2010, but this document still has not been approved. However, it has been published and is available on the website of the General Directorate of Forestry and Wildlife. Read more...
Is there a codified forest law and lower level norms (regulations, procedures, decrees, technical directives etc) that make the forest laws operative? Are the law and supporting norms available in full to the public from official sources (websites and/or offices)?  Read the report...

Codified Forest Laws and Norms

Even though there is no Forest Code in Peru, forest legislation is provided for by a law and secondary regulations that implement it in practice. Read more...
Has the country signed an international trade agreement that relates to forest products (logging and other products)? Are the agreements, including official discussions on their content, available in full to the public from official sources (websites and/or offices)?  Read the report...

Signed International Trade Agreements on Forests

The Free Trade Agreement with the United States, which was approved in 2006, motivated the process of updating forest legislation. Likewise, there are free trade agreements with China and Chile, and negotiations for the agreement with the European Union ended on 28 February 2011. Read more...
Are there any forest-specific written laws and regulations that develop the right to access public information on the sector? Are the provisions in laws and regulations available to the public through official websites and other sources?  Read the report...

Provisions for Transparency in Forest Laws

The norms issued for the forestry sector that provide for transparency are directly linked to the General Law of Transparency and Access to Information. Read more...
Are customary and traditional rights recognised in codified forest law and norms? Are the provisions in the law and norms available in full to the public from official sources (websites and/or offices)?  Read the report...

Legal Recognition of Customary and Traditional Rights

Article 78 of the new Forest Law 29763 (which will come into force once it has an implementing regulation) rules that the national authority recognises the concept of indigenous peoples’ forests and respects their traditional knowledge. Read more...
Are there any documented procedures (in the form of regulations, official guidance etc) that lay out the methodology for consultations that should take place regarding new forest-related policies, laws, regulations etc (for example on REDD)? Are the reports from consultation processes available?  Read the report...

Legally Recognised Procedure for Consultation on New Forest-Related Norms

The Law on the Right to Prior Consultation of Indigenous or Native Peoples requires a process of consultation before any legislative measure that could directly affect indigenous peoples and their collective rights. Furthermore, the new Forest Law 29763 stipulates recognition of this right and its fulfilment. Read more...
Is there any law that recognises the right to consent of indigenous peoples and communities on forest uses? Is the law available in full to the public from official sources (websites and/or offices)?  Read the report...

Law Recognising Right to Free Prior Informed Consent

Free prior informed consent is expressly recognised in the recently approved Forest and Wildlife Law 29763 (which comes into force once it has an implementing regulation), and the Law on the Right to Prior Consultation of Indigenous or Native Peoples 29785, which is recognised in Convention 169 of the International Labour Organisation. Read more...
Is there an explicit current document that sets out the national policy on land tenure, including forest tenure? Is the policy document available in full to the public from official sources (websites and/or offices)?  Read the report...

National Land Tenure Policy

There is no specific policy on land tenure, but there are policies applied to the agricultural sector and forest sector that specify that there is no property ownership of forest resources but there is access to their sustainable use. Read more...
Are there official maps showing current forest ownership by title and/or forest areas where concessions, permits and other authorisations have been granted? Are the maps available in full to the public from official sources (websites and/or offices)?  Read the report...

Land Ownership and Forest Use Maps

Since what was reported in 2010, technical maps that cover granted rights have been made available to the public, but this information is not complete. Read more...
Is there a formally regulated system of permits for commercial logging operations? Are the contracts/permits granted under the system publically available from official sources (websites and/or offices)?  Read the report...

Regulated Permit System for Commercial Logging Operations

There is a regulated system of permits, whose titles are differentiated in line with the law according to the method of access to the forest: a. Authorisations; b. Permits; y c. Concessions. Access to these contracts/permits is only through information requests. Read more...
Is there a requirement in the forest law and norms for stakeholder consultation prior to the allocation of commercial logging permits? Are the reports from consultation processes available?  Read the report...

Legal Requirement for Stakeholder Consultation before Allocation of Commercial Logging Permits

To date there is no requirement that obliges consultation of interested parties (that are not owners of the forest) for the process of granting forestry concessions. Read more...
Prior to the allocation of permits for logging or other extractive use (e.g. mining) of forest land, is there a formal process in the regulations for independent “due diligence” checks to verify the eligibility, suitability and capability (technical and financial) of applicants? Are the findings and conclusions of the verification process made available to the public?  Read the report...

Verification Process (Due Diligence) of the Eligibility of Permit Applicants

There is currently no process, nor is one provided or by law, to verify the technical and financial capacity of bidders. It is only assessed whether the bidder meets the minimum conditions to enter into a contract with the State (for example, having a Tax Identification Number; authorised representatives; and a management plan). Read more...
Once a permit or concession has been issued, is there a formal requirement for the completion of forest management plans on the operations? Are the forest management plans available to the public from official sources (websites and/or offices)?  Read the report...

Forest Management Plans

Even though each rights-holder of a forestry operation permit is required to produce a final report of the forest management plan, these plans are not carried out and if they are compiled then they are not available to the public Read more...
Is there a formally agreed system for the regulation of environmental services, such as water, carbon and biodiversity, as it affects forests? Are the regulations for the system available to the public from official sources (websites and/or offices)?  Read the report...

Regulation of Environmental Services

There is no specific law that regulates ecosystem services; however they are addressed in norms of a general character (e.g. the General Law of the Environment and the Forest and Wildlife Law). Furthermore, there is a proposal for a Law of Compensation of Environmental Services, which is expected to be debated when it is picked up again by the Congress of the Republic. Read more...
Is there a formal strategic process set out in policy to determine the priorities for land use between forests, mining, large-scale agriculture, infrastructure development and other demands? Is the policy available in full to the public from official sources (websites and/or offices)?  Read the report...

Strategic Environmental Assessment of Development Priorities

With the approval of the National Environmental Plan 2011-2021, specific actions and goal have been provided that strengthen strategic assessment through Territorial Planning and Ecological and Economic Zoning. Even though this policy exists, it is important to add that it is still in the process of being implemented. Read more...
Is there an independent monitor, auditor, ombudsman or any other body with an officially recognised role to scrutinise forest governance and operations? Are reports by the independent body available to the public?  Read the report...

Independent Monitoring of Forest Governance and Operations

The Peoples’ Ombudsman is an autonomous body that has decentralised offices at the national level, which oversees the fulfilment of the duties of the public administration. Like the Office for Supervision of Forest and Wildlife Resources (OSINFOR in Spanish), it is not an independent body but rather one attached to the State Read more...
Is there a regulated fiscal system to collect taxes and redistribute royalties from forest operations, or provide subsidies and funding to support forest operations? Are figures on the amounts collected and distributed available to the public from official sources?  Read the report...

Forestry Tax Collection and Funding Systems

The redistribution of taxes and royalties in the system called the Forest Canon of behalf of the regional and local governments is found in the Canon Law Nº 27506. Data on the amounts collected and distributed are partially available in the websites of the Ministry of Agriculture, the National Institute of Statistics and Information and the Ministry of Economy and Finance. Read more...
Is the Forest Authority obliged under the norms to collect information on any infractors of the forest law? Are lists of infractors available to the public from official sources?  Read the report...

Forest Infractions

The bodies directly involved in the forest sector do not publish lists of infractors, in spite of regulatory instruments that stipulate their obligation to do so, which makes it difficult for citizens to identify individual infractors. Read more...
Is there a requirement set out in the norms for the Forest Authority to produce an annual summary of its activities? Is the report available in full to the public from official sources (websites and/or offices)?  Read the report...

Annual Forest Authority Report

In spite of that the law requires the presentation of an annual report, the General Directorate of Forests and Wildlife only present a statistical yearbook, which cannot be considered to be a complete report. Read more...
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