The redistribution of taxes and royalties – a system called the Forest Levy – in favour of the regional and local governments is developed in Levy Law No. 27506. According to the provisions of sub-paragraph d) of article 7 of the Supreme Decree 005-2002-EF, Levy Law Regulation, modified by Supreme Decree 187-2004-EF, the amount of the Forest Levy shall be determined on a half-yearly basis. The National Institute of Natural Resources (INRENA) (whose powers were taken on by the General Directorate for Forests and Wildlife) is required to inform the Ministry of Economy and Finances of the location of concessions, authorisations and/or permits granted during this period within twenty working days following the last day of the month which ends the half year, for the purposes of determining the respective indices of distribution.
It would be important, by virtue of the right of access to information – and as a contribution to decision-making – to consider making public the documents remitted by the forest authority (they are currently not made public, either for the civil society organisations, or for the indigenous communities), so that the population can find out about the distribution of this economic benefit in their sector and can request it through a proposal for participation to their local and/or regional government to improve their livelihoods.
Articles 131 to 136 of Title II of Law 29763 - Forests and Wildlife Law (recently promulgated and which will come into force when there is a regulation to implement it), provides for actions for promotion, financing, certification and investment in forests and wildlife.
Title | a. Levy Law, Law No. 27506, 2001 b. Law modifying several articles of Law No. 27506, the Levy Law. Law No. 28077, 2003 c. Regulation for the Levy Law. Supreme Decree No. 005-2002-EF d. Forest Levy (Ministerial Rulings approving the index for distribution of the forest levy), 2010 |
Organisation | Ministry of Economy and Finances |
Source | a. http://www.legislacionforestal.org/law-de-canon/ b. http://www.mim.org.pe/marco_legal/law_general_de_mineria_y_canon/Law%2028077%20Modifica%20Law%20del%20Canon.pdf c. http://www.peru.gob.pe/docs/PLANES/94/PLAN_94_DS%20%20N%C2%BA%20005-2002-EF_2008.pdf d. http://www.mef.gob.pe/index.php?option=com_content&view=article&id=1547%3Acanon-forestal&catid=150%3Atransferencia-y-gasto-social&Itemid=100694&lang=es |