The Peruvian legal framework relating to ownership, tenure or access to forest resources is defined by article 66 of the Political Constitution of the State, which states the following: “Natural resources, both renewable and non-renewable, are a national asset. The State has sovereign power over their use. An organic law sets out the conditions for their use and granting of such to private individuals. The licence grants its holder a real property right, subject to the aforementioned legal regulation.” Consequently, the concept of private property is outside the political-legal framework for the natural resources because they are in the public domain, and thus inalienable.
Likewise, the development of a National Forest Policy will serve as an instrument for establishing the explicit policy relating to tenure and access to forest and wildlife resources. Meanwhile, zoning and national forest planning which will be promulgated with the implementation of Law 29763 - Forest and Wildlife Law (recently approved but awaiting implementing regulation), which is designed to determine the potential and limitations for the direct and indirect use of forest ecosystems and other wild vegetation ecosystems, and is an important step forward in forest management.
As regards the security of land tenure and use, the indigenous peoples (specifically AIDESEP) point out that the new Forest Law is insufficient, as there is a need for a regulation which establishes respect for indigenous ownership, thus solving the problem of demand for land and recognition of their ancestral territories and thereby support and promote holistic land management.
Finally, the process of formalising the tenure of forest lands must be strengthened by the regional governments as far as their responsibilities allow, bearing in mind that responsibilities in the forest sector have already been transferred to five regions. These responsibilities are framed in the general legislation and must be included as part of regional development policy, including improved criteria for handing over the possession of lands which in some cases affect the change in land use.
|Title||a. Political Constitution of Peru, 1993 (Article 66).
b. Law No. 26821 - Organic Law for sustainable use of natural resources.
c. Law No. 27308 - Forests and Wildlife Law (Law in force)
d. Regulation on classification of lands because of their capacity for greater use (Supreme Decree 017-2009-AG).
e. Law No. 26505 (1995) – Law on private investment in the Development of economic activities on national territory lands.
f. Regulation for Law No. 26505, referring to Private Investment in the Development of Economic Activities on National Territory and Peasant Community Lands. (Supreme Decree 011-1997-AG) (Forests).
|Organisation||Ministry of Agriculture|