Compared to previous years, directorial rulings indicating penalties and corresponding fines imposed on offenders violating forest authorisations, concessions and permits have been published (http://www.osinfor.gob.pe/portal/recursos.htm?id=21). However, the list of offenders is still not published, which makes it difficult for citizens to identify individual offenders.
As background, Article 368 of the Regulation of Law 27308 – Forest and Wildlife Law (still in force) provides for the INRENA (whose powers were taken on by the General Directorate for Forests and Wildlife) to maintain a register of natural and legal persons penalised for infractions of Forest and Wildlife Legislation.
Currently, sub-sections 5 and 8 of article 43 of Supreme Decree No. 065-2009-PCM, which approves the Regulation on Organisation and Functions of the Body for Supervision of Forest and Wildlife Resources (OSINFOR), provide for the existence of an Administrative Register of licences which have expired and/or been penalised for infraction of the Forest and Wildlife Law.
It should be pointed out that although these registers are not published, they do exist, and anyone wishing to access them must present a request for access to public information. However, publicising this register is important, not only in compliance with the law, but also as a means of strengthening transparency in the management of these types of process and to promote access to decision-making. This would allow stakeholders in the forest sector to identify the offenders and have prior information before signing commercial contracts with forest operators, and also to identify the forest professionals involved in these types of processes.
|Title||a. Article 5 of Legislative Decree No. 1085 (2008) which creates OSINFOR
b. Article 18 of Law 29763 Forest and Wildlife Law, paragraph 3, indicates expressly that SERFOR is the national authority and steering body.
|Organisation||a. Office of the President of the Council of Ministers (PCM)
b. Executive Power and Congress of the Republic – through the Agricultural Commission