On 23 August 2011 the Congress of the Republic approved by unanimity Law No. 29785 – Law on the Right to Prior Consultation of the Indigenous or Native Peoples, in accordance with International Labour Organization Convention 169. Subsequently, on 6 September 2011, President Ollanta Humala promulgated this law in the Imaza district, province of Bagua, in the Amazonas region, which was the scene on 5 June 2009 of the tragic events which led to the death of 10 Awajún native people and 24 police officers.
It is worth emphasising that, with the promulgation of the Law on the Right to Prior Consultation of the Indigenous or Native Peoples, there is now a legal mandate which requires there to be a consultation process before the introduction of any legislative or administrative measure which might directly affect the indigenous populations and their collective rights. In addition, the recently promulgated Forest and Forest Wildlife Law (Law No. 29763) stipulates recognition and fulfilment of this right (in paragraph 3, Article II). This most recent provision was the product of a consultation process for which documents, guides and methodologies were drawn up, in a similar fashion to the formulation of the National Forest Anti-Corruption Plan.
Although the State attempted to implement a participative process for the new Forest and Wildlife Law which embraced a wide public (local population, NGOs, business people and indigenous populations), this process was considered insufficient and very short-term, to the extent that the indigenous movement became divided (one sector is asking for a modification of the law, while the other is in favour). Although the process was questioned because time was limited, it provided invaluable experience as a guiding framework for this type of process, which in the future needs to take into account the lessons learnt to be more appropriate, participative and inclusive.
As a result of this consultation process, consideration must be given to appropriate deadlines which allow due and timely information and the active participation of all the stakeholders, respecting their traditions, customs and language. For example, during the consultation of indigenous peoples, they requested that the information stage needed to be preceded by a pre-information stage, with technical support for them to understand the proposal in its entirety. Because the previous processes did not have this prior stage, the forums and hearings were sharply questioned because of their technical level and because there was insufficient time for the population to find out about the proposal. Nevertheless, this experience served as a trial run for a methodological instrument on how to reach partial consensus on a legislative proposal.
Furthermore, given the promulgation of the Law on the Right to Prior Consultation and, subsequently, its Regulation, a Guide to the Methodology for Strengthening of the Forest Sector has been approved and published, stipulating that in the case of regulation of the new Forest and Wildlife Law, two major stages must be adhered to: a general participative process (of approximately eight months) and a process of free, prior and informed consultation of the indigenous peoples (which will last between three and four months). This will give greater legitimacy to the process and will involve, through their participation and position, this historically marginalised group.
|Title||a. Analysis of the Law on the Right to Prior Consultation of the Indigenous or Native Peoples and the criterion for its implementation in the context of the debate on the draft Forests and Wildlife Law (2010).
b. Process for Free, Prior and Informed Consultation of the Indigenous Peoples in Draft Law 4141/2009-PE in the framework of ILO Convention 169.
c. Guide for the review Process for Forest and Wildlife Legislation (Forest Law, National Forest Policy and Regulation), 2009
d. Participative Construction in the Anticorruption Plan for the Forest and Wildlife Sector ( Review date: 21/07/2010)
e. Law No. 29785 – Law on the Right to Prior Consultation of the Indigenous or Native Peoples recognised by the International Labor Organization (ILO) Convention 169.
f. Supreme Decree No. 001-2012-MC, which approves Regulation of Law No. 29785, the Law on the Right to Prior Consultation of the Indigenous or Native Peoples recognised in the International Labor Organization’s Convention 169.
g. Guide to Methodology. Participative and Decentralised Process for Strengthening of the Forest Sector (2012).
|Organisation||a. Congress of the Republic’s Agricultural Commission
b. Congress of the Republic’s Agricultural Commission
c. Ministry of Agriculture through the General Directorate for Forests and Wildlife
d. Ministry of Agriculture through the General Directorate for Forests and Wildlife
e. Congress of the Republic
f. Ministry of Culture
g. General Directorate for Forests and Wildlife