Peru: Lessons Learnt

The Law on the Right to Prior Consultation of Indigenous or Native Peoples was approved in August 2011 and promulgated in September 2011, constituting a fundamental milestone for the inclusion of these communities in national life. Subsequent to this, DAR participated in and organised events designed to orientate actions for the development of regulations for the Law on Prior Consultation. These spaces emphasised the need for the consultation regulation to include the "prior" aspect, consent and the strengthening of state and indigenous institutions; however, the final draft of the Regulation, which the Multi-Sectoral Commission responsible for drawing it up completed reviewed at the end of February, and which was finally promulgated in April 2012, does not reflect these aspects. On top of that, the indigenous movement was divided on the subject: while a minority group supported approval of the regulation, a majority group considered that before it was approved, the Law needed to be modified, believing that some of its articles would violate International Labour Organisation Convention 169.

Elsewhere, in February 2012 the process of drawing up the Regulation for the Forest and Wildlife Law was declared to be a priority. With this as a starting point, DAR adopted a clear position on the topic: to seek consensus between the pro-regulation positions and those for modification of the law; give prominence to the local and regional stakeholders, as they are the principal interested and affected parties; and to obtain responsible, full and effective participation through appropriate, complete and timely information, with previously agreed rules, and support and time for the formulation of proposals, genuine dialogue and the search for consensus.

Finally, throughout all the years of this Project, we have continued to reiterate our firm belief and conviction that governance in the forest sector should be encouraged and consolidated, with one of its principal axes being transparency and access to public information, which contributes to the sustainable development of the country. Furthermore, forest governance must take account of the process of decentralisation - which increases the range of stakeholders - given that the flow of information is a determining factor for the sector to manage itself appropriately, and due to the fact that transparency in public management constitutes a practice of good governance, a tool for preventing and fighting corruption, and a mechanism for strengthening citizen participation in environmental matters.