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Peru : Indicators

2012 > 20 Key Indicators 2012 > Codified Forest Law and Supporting Norms

Law N° 27308, the Forests and Wildlife Law (still in force), provides a legal framework for the forest sector, which has been applied through official regulation and other lower level regulations. Access to it has been limited in terms of understanding the regulation, because of its technical language. Added to this are the general forest norms, which need to be brought into line with lower level provisions for application and adaption to the reality of the area. Meanwhile, only some technical forestry administrations on a regional level make available to the public the regulations and the procedures for each type of process.

Although the State began a process of updating forest legislation, which concluded with Law 29763, the new Forests and Wildlife Law (now approved and which will come into force once it has been regulated), it did not carry out an exhaustive analysis of forest regulations. It is expected that the implementing regulation of this law will see the beginning of a process to ensure that is compatible with REDD+, international trade agreements and other advances and initiatives, in particular if it refers explicitly to the regulation of the forest ecosystem services.

It should be emphasised that February 2012 saw the beginning of the participative and inclusive process for developing consensus in the drafting of the text of the regulation for the Forests and Wildlife Law, which must be drawn up in a decentralised manner within the current legal framework and within the deadline set out in the aforementioned Law. This process is expected to involve the participation of civil society organisations, indigenous organisations, the State, representatives of the environment, agriculture and culture sectors of National Government, as well as public officials from the Regional Governments. In addition, further progress came in May 2012 with information about the methodology designed by the General Directorate for Forests and Wildlife with the support of the Intergovernmental Group (Environment Ministry, Ministry of Foreign Trade and Tourism, Ministry of Production, Forest Resources Supervisory Body (OSINFOR), Ministry of Culture and Regional Governments) which establishes two processes: the process of citizen participation and, subsequently, the process of free, prior and informed consultation of the indigenous peoples. It is worth pointing out that the methodology emphasises the importance of achieving active participation and proposals from the different associated stakeholders and parties interested in the management of forest and wildlife resources.

Title a. Law No. 27308 (2000) - Forests and Wildlife Law (currently in force)
b. Supreme Decree No. 014-2001-AG – Approves Regulation of the Forests and Wildlife Law
c. Law 29763 (2011) - Forests and Wildlife Law (Law which will come into force when there is a regulation to implement it)
d. Ministerial Ruling No. 0048-2012-AG – Declares the process of drawing up the Regulation for Law No. 29763, the Forests and Wildlife Law to be a priority
e. Law No. 27783 (2002) - Law on the Bases of Decentralisation
f. Law No. 27867 (2002) - Organic Law on Regional Governments
Organisation a. Congress of the Republic
b. Ministry of Agriculture through the National Institute of Natural Resources (INRENA), now absorbed by the General Directorate for Forests and Wildlife.
c. National Government and Congress of the Republic (through the Agriculture Commission)
d. Ministry of Agriculture
e. Congress of the Republic
f. Congress of the Republic
Source a. http://www.legislacionforestal.org/law-forestal-y-de-fauna-silvestre-4/
b. http://www.legislacionforestal.org/reglamento-de-law-forestal-y-de-fauna-silvestre/
c. http://dgffs.minag.gob.pe/pdf/Law29763.pdf
d. http://www.minag.gob.pe/portal/download/pdf/marcolegal/normaslegales/resolucionesministeriales/2012/rm_0048-2012-ag.pdf
e. http://www.pmde.gob.pe/archivos/lawesynormas/law_bases_descentralizacion.pdf
f. http://www.ceplan.gob.pe/documents/10157/17736/law_27867.pdf
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