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Peru : Indicators

2012 > 20 Key Indicators 2012 > Provisions for Transparency in Forest Laws and Norms

There are currently explicit provisions on transparency and access to information for the forest sector, which have been regulated through the Forest Law 29763 (recently approved but awaiting implementing regulation) and which form part of the National Anti-Corruption Plan for the Forest and Wildlife Sector; these have still not been exercised, however, because they are in the process of being implemented. It is hoped that this process can be implemented after priority has been given to drafting the regulation for this law.

In addition, this new Forest Law establishes the National System for Forest and Wildlife Management (SINAFOR), which includes the key stakeholders in administration of forest and wildlife resources and the instruments associated with them: forest inventories and the system of information, which includes a monitoring module. However, as part of the participative and decentralised process for strengthening of the forest sector, the process of design and drafting of the SINAFOR proposal is still necessary, which will last for around four months.

In the framework of Law 27806, the Law on Transparency and Access to Public Information, information on the forest issues has been requested from the public institutions associated with the forest sector. Over the last year, the percentage of replies to the requests received has increased, but there are still some public bodies which reply outside the deadline established by law. A further problem relates to the quality of the replies; there has been some improvement but some bodies do not reply specifically to the requests or simply give no type of justification for not responding.

On this point, it should be emphasised that the information provided or published by the government bodies is vital for decision-making. With the implementation of the National Anti-Corruption Plan for the Forest and Wildlife Sector, corrective measures will be applied to improve this situation. This is a step forward in encouraging access to information by citizens.

In addition, the Regulation on Transparency, Access to Public Environmental Information and Citizen Participation and Consultation on Environmental Matters should not be overlooked. Its purpose is to establish provisions on access to public information with environmental content, transparency websites for environmental content, and to regulate the mechanisms and processes for citizen participation and consultation on environmental matters.

Title a. Ministerial Ruling 0552-2010-AG – Technical Guidelines on Systematisation and Administration of Forest and Wildlife Information.
b. National Anticorruption Plan for the Forest and Wildlife Sector approved by Supreme Decree 009-2011-AG, specifically in strategic objective I.
c. Procedures for Handling Documentary Management Processes for Organisations in the Ministry of Agriculture approved by Sectoral Directive 005-2010-AG-DM.
d. Law No. 29763, Forests and Wildlife Law (which will come into force when there is a regulation to implement it), specifically in paragraphs 1, 2 and 12 of the Preliminary Title, and in Art. II General Principles, and articles 142, 143 and 144 of Title IV “Transparency in forest and wildlife management”.
e. Supreme Decree N° 002-2009-MINAM – Approves the Regulation on Transparency, Access to Public Environmental Information and Citizen Participation and Consultation on Environmental Matters.
Organisation a. Ministry of Agriculture
b. General Directorate for Forests and Wildlife – Ministry of Agriculture
c. Ministry of Agriculture
d. General Directorate for Forests and Wildlife – Ministry of Agriculture
e. Environment Ministry
Source a. http://www.minag.gob.pe/dgffs/pdf/2010/ResolMin/RM%20N%C2%B0%20552-2010-AG-(Lineamientos%20sobre%20sistematizaci%C3%B3n%20y%20administraci%C3%B3n%20de%20Informaci%C3%B3n%20Forestal).PDF
b. http://www.legislacionforestal.org/aprueban-el-plan-nacional-anticorrupcion-del-sector-forestal-y-de-fauna-silvestre-ds-009-2011-ag/
c. http://www.minag.gob.pe/download/pdf/marcolegal/normaslegales/directivas/directiva-sectorial005-2010-ag-dm.pdf
d. http://dgffs.minag.gob.pe/pdf/Law29763.pdf
e. http://www.peru.gob.pe/docs/PLANES/188/PLAN_188__2012.pdf
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