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Peru : Indicators

2011 > 20 Key Indicators > National Land Tenure Policy

The Peruvian legal framework relating to ownership, tenure or access to forest resources is defined by article 66 of the Political Constitution of the State, which states that: “Natural resources, both renewable and non-renewable, are a national asset. The State has sovereign power over their use. The conditions for their use and granting to individuals are set out by organic law. The licence grants its holder a real right, subject to the aforementioned legal norm.” Consequently, the concept of private property is outside the political-legal framework for the natural resources, because they are in the public domain, and thus inalienable.

Likewise, the development of a National Forest Policy will serve as an instrument for establishing the explicit policy relating to tenure and access to forest and wildlife resources. Furthermore, through zoning and national forest planning that will be driven forward with the implementation of Law 29763 - Forest and Wildlife Law (recently approved and enters into force once it has an implementing regulation), the potential and limitations for the direct and indirect use of forest ecosystems and other wild vegetation ecosystems will be determined. This is an important step forward in forest management.

Finally, the process of formalising the tenure of forest lands must be strengthened by the regional governments in the framework of their responsibilities, bearing in mind that five regions already have taken responsibility in the forest sector. These responsibilities are framed in general legislation and must be included as part of their regional development policy, amongst which is found the improvement of criteria for handing over possession of lands which in some cases affect the change in land use.

Title a. Constitution of Peru 1993 (Article 66)
b. Organic Law for the sustainable use of natural resources, approved by Law 26821
c. Law 27308, Forest and Wildlife Law (current law in force)
d. Regulation of classification of land by their main use capacity (Supreme Decree 017-2009-AG)
e. Law of private investment in the development of economic activities in lands of the national territory 26505 (Forests)
f. Regulation of Law 26505, referring to private investment in the development of economic activities in land of the national territory and of rural communities (Supreme Decree 011-1997-AG) (Forests)
Organisation a. Ministry of Agriculture
b. (---)
c. Ministry of Agriculture
d. Ministry of Agriculture
e. Ministry of Agriculture
f. Ministry of Agriculture
Date a. 30/12/1993
b. 26/06/1997
c. 16/07/2000
d. 01/09/2009
e. 18/07/1995
f. 13/06/1997
Source a. http://www.tc.gob.pe/constitucion.pdf
b. http://www.produce.gob.pe/RepositorioAPS/1/jer/PROPESCA_OTRO/marco-legal/1.3.%20Ley26821.pdf
c. http://www.adaalegreconsultores.com.pe/normas/Agricultura/8.pdf
d. http://www.legislacionforestal.org/reglamento-de-clasificacion-de-tierras-por-su-capacidad-de-uso-mayor/
e. www.congreso.gob.pe/ntley/Imagenes/Leyes/26505.pdf
f. http://www.cepes.org.pe/legisla/ds01197.htm
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