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Peru : Indicators

2011 > 20 Key Indicators > Law Recognising Right to Free Prior Informed Consent

The provisions of ILO Convention 169, the Forest and Wildlife Law 29763 (recently approved but awaiting implementing regulation), and the Law on the Right to Prior Consultation of the Indigenous or Native Peoples 29785, set out the norms that require free, prior and informed consent, and the procedures to follow to ensure that the indigenous peoples are consulted.

There is a need to carry out participatory processes for the regulation of these norms, conforming to ILO Convention 169 and the Declaration of Human Rights, to ensure that an agreement or informed consent can be reached.

It is also necessary to consider a prior analysis of the experiences collected in the previous consultation processes carried out. These are a necessary input for the implementation of the norms.

Title a. Article 8.1, 8.2, 9.1 of ILO Convention 169, concerning customary rights and traditional methods.
b. Article II, Introduction of Forest and Wildlife Law 29763 (recently approved and coming into force once it is regulated)
c. Law on the Right to Prior Consultation of Indigenous or Native Peoples 29785, recognised in Convention 169 of the International Labour Organization (ILO).
Organisation a. International Labour Organisation
b. Executive Branch and Congress of the Republic through the Land Commission
c. Congress of the Republic, Commission of Constitution and Regulation
Date a. 02/12/1993
b. 22/07/2011
c. 06/08/2011
Source a. http://www.legislacionforestal.org/convenio-169-de-la-oit/
b. http://dgffs.minag.gob.pe/pdf/Ley29763.pdf
c. http://www.justiciaviva.org.pe/webpanel/doc_int/doc08092011-182543.pdf
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