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Peru : Indicators

2012 > 20 Key Indicators 2012 > Recognition of Customary Rights in Forest Laws and Norms

The new Forest Law No. 29763 recognises the customary and traditional rights of indigenous peoples and is available on the websites of the institutions connected with the forest sector, specifically on the website of the General Directorate for Forests and Wildlife, although to date it has not been translated into community languages. The only document translated so far to facilitate access to information for these populations on their collective rights is Convention 169, which has been translated into Quechua. This translation was provided by the International Labor Organization (ILO) itself.

As far as recognition of indigenous rights is concerned, article 78 of Law No. 29763 states that the national and regional authorities recognise the concept of indigenous peoples’ forests and respect their traditional knowledge of forest and wildlife use and management. It also states that indigenous knowledge will be incorporated, in coordination with the responsible body on these matters, in the technical regulations regulating community forest management. There are other important articles, such as article 75, which talks of forest management by the native communities which is carried out in an autonomous way and in accordance with their world view and with guidelines incorporating their cultural and spiritual values. Similarly, article 79 sets out that the communities should be able to plan and manage their lands according to their uses, customs and norms. However, it remains to be seen how the authorities will implement these principles, given the lack of more transparent implementation processes or mechanisms and the conflicts over land use and tenure.

Title a) Article 8.1, 8.2, 9.1 Agreement No. 169 of the International Labour Organisation on respect for Customary Laws and respect for traditional methods.
b) Articles 88 and 89 of Chapter VI of the 1993 Political Constitution of Peru “On the Agricultural System and the Peasant and Native Communities”.
c) Article 18 of the Organic Law for Sustainable Use of Natural Resources approved by Law No. 26821 (1997)
d) Forest Permits in Community Lands agreed with Article 12 of Law No. 27308 - Forests and Wildlife Law (law currently in force), and article 43 of the Forest Law Regulation (2001)
e) Peasant and Native Communities - Article 134 of the Peruvian Civil Code (1984)
f) Terms of Reference approved for the formulation of Forest Management Plans in Native and/or Peasant Community forests with commercialisation purposes on a small, medium and large scale via Administrative Ruling 232-2006-INRENA
g) Law No. 27811 (2002), which establishes the System of Protection for the Collective Knowledge of Indigenous Peoples Linked to Biological Resources
h) Law No. 29763 (2011), the New Forest Law (which will come into force when there is a regulation to implement it), specifically paragraphs 3 – Prior Consultation – and 5 – cross-cultural relations, knowledge, traditions and world view – of Art II of the Preliminary Title, and Article 78 “Regarding Traditional Knowledge” of Title IV “Forests in native community lands”.
i) Guide to Methodology. Participative and Decentralised Process for strengthening of the Forest Sector, 2012.
Organisation a) International Labour Organization
b) Office of the President of the Republic
c) (---)
d) Ministry of Agriculture – General Directorate for Forests and Wildlife
e) (---)
f) Ministry of Agriculture, Ex INRENA
g) National Institute for Defence of Competition and Protection of Intellectual Property (INDECOPI)
h) Executive Power and Congress of the Republic – through the Agricultural Commission
i) General Directorate for Forests and Wildlife
Source a) http://www.legislacionforestal.org/convenio-169-de-la-oit/
b) http://www.tc.gob.pe/constitucion.pdf
c) http://www.legislacionforestal.org/law-organica-para-el-aprovechamiento-sustainable-de-los-recursos-naturales/
d) Page 28 of the Manual of Legal Regulations on illegal logging http://www.spda.org.pe/_data/publicacion/20091015180142_.pdf
e) http://www.legislacionforestal.org/codigo-civil/
f) http://www.legislacionforestal.org/archivos/varios/2010/09/Resolucion-Jefatural-232-2006-TdR-Comunidades-Nativas1.pdf
g) http://www.congreso.gob.pe/ntlaw/Imagenes/Lawes/27811.pdf
h) http://dgffs.minag.gob.pe/pdf/Law29763.pdf
i) http://dgffs.minag.gob.pe/rlffs/pdf/guia_metodologica_proceso_fortalecimiento.pdf
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