Specific legislation on ecosystem services has been a subject of debate in the Congress of the Republic of Peru since 2009. At the beginning of 2012 it was brought back onto the agenda, but to date no progress has been identified. However, there is a series of guidelines (some with the rank of law) designed to provide a framework for some initiatives in the management of environmental services.
It should be borne in mind, however, that there is still no clear legal framework for legal relations between private citizens and the State, which are basically contractual; this means that the subject of the contract and the people involved remain in the air, as is the person responsible for environmental services, i.e. the person who can decide on these matters. Consequently, provisions for the use of environmental services are inadequate and lack the necessary information conditions. This, in turn, makes decision-making difficult in terms of the role of the State, the Regional or local Governments, private citizens, civil society organisations and the communities. Finally, there is a requirement for an improved legal framework on economic incentives for the conservation of ecosystems.
Payment schemes are currently being implemented in many places for environmental services in river basins, and Peru has initiatives which are still being discussed, such as that for the city of Moyobamba – San Martín (see “Payments for Environmental Services”, page 282, link: http://data.iucn.org/dbtw-wpd/edocs/EPLP-078-Es.pdf), and more recently Aquafondo, for the city of Lima. In Chachapoyas work has also begun to design a similar programme.
It is worth stating that, with approval of the Law for Provision of Environmental Services and the regulation provided for in the Forest and Wildlife Law (Law No. 29763) (recently approved but awaiting implementing regulation), article 2.9 of the Preliminary Title states that it is the duty of the State to prioritise assessment, valuation and promotion of the payment or compensation scheme for the goods and services in forest ecosystems, as well as other financial instruments which benefit management of the asset. This represents an important change because it regulates specifically the way the ecosystem services are handled.
|Title||a. Draft law 786/2011-CR, Law on Provision of Environmental Services
b. Article 94 of the General Environment Law
c. Article 60 of Law 29763, the recently approved Forest and Wildlife Law (which will come into force when there is a regulation to implement it).
d. Article 62 of Law 27308 - Forest and Wildlife Law, which defines the environmental services (still in force)
e. National Environmental Policy, approved by Supreme Decree No. 012-2009-MINAM
|Organisation||a. Congress of the Republic through the Commission for Andean Amazonian and Afro-Peruvian Peoples.
b. Environment Ministry
c. Ministry of Agriculture
d. Ministry of Agriculture
e. Environment Ministry