| Transparency norms |
There is a clear legal obligation to provide allow access to info
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There is a clear legal obligation to provide allow access to information to citizens. The 1996 Constitution refers to the African Charter of Human and Peoples’ Rights, stating that “Everyone has the right to information”. But there is no mechanism for ensuring effective implementation, by clarifying the obligations of government officials with this regards. Read the report...
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The Constitution of Ghana guarantees the right to information to
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The Constitution of Ghana guarantees the right to information to all citizens. A Freedom of Information Bill has just been approved by the Cabinet, but is yet to be laid in Parliament and is not public yet. Read the report...
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A draft Freedom of Information Act has been presented to the Legi
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A draft Freedom of Information Act has been presented to the Legislature in 2008, but has not yet been enacted into law. As far as forests are concerned, the Liberia Extractive Industries Transparency Initiative Act (July 2009) provides for public access to information relating to extractive industries including forests. The National Forestry Reform law also provides for broad public access to information. Read the report...
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As a right recognised in article 2 numeral 5 of the Political Con
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As a right recognised in article 2 numeral 5 of the Political Constitution of Peru, transparency has been regulated by different Laws and Supreme Decrees, such as the Transparency and Access to Public Information Law approved by Law No.27806. Read the report...
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| Legal standing |
Communities have legal standing, but in two conditions :
• On lan
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Communities have legal standing, but in two conditions :
• On land rights issues, in case they have a collective land title
• On other issues, if they are registered as a legal entity
• In these two cases, their legal standing only applies to the specific purpose for which they are established.
NGOs also have standing formally recognize by the 1996 law governing Environmental Management. But it’s only limited to environmental issues, and the Decree organizing the implementation of this right has never been published. So the legal recognition exists, but cannot be enjoyed by civil society organizations.
Read the report...
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NGOs are recognized as legitimate organizations. The Constitution
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NGOs are recognized as legitimate organizations. The Constitution of Ghana guarantees for the basic freedoms of association and allows for different constellations of groupings. However, the definition of a community is not very clear. Read the report...
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The Associations Law of Liberia gives Not-For-Profit Corporation
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The Associations Law of Liberia gives Not-For-Profit Corporations Legal standing. The National Forestry Reform Law, FDA Regulations and the Community Rights Law specifically acknowledge and address communities and civil society organizations as stakeholders and right holders. This is in addition to their rights as citizens and members of the public with rights to information related to forestry. Read the report...
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As long as citizens comply with the requirements for being recogn
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As long as citizens comply with the requirements for being recognised as legal persons according to any of the Non Profit Organisation forms (association, foundation and committee), as established by Article 76 and following of the Civil Code, approved with Legislative Decree No.295 and amending norms. Read the report...
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| Forest legal framework |
The legal and policy framework exist, but presents three major we
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The legal and policy framework exist, but presents three major weaknesses in term of organization of access to information:
• Not all the guidelines for its implementation were passed by the Government
• Most documents only exist in French, not in English
• The volume and complexity of the documents makes it difficult to community members
• to understand the legal regime of forest, even if they had access to them.
Read the report...
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Ghana’s forest sector has an elaborate superstructure of constitu
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Ghana’s forest sector has an elaborate superstructure of constitutional rights, seemingly progressive policies, comprehensive laws, well-developed institutions, and a cadre of well trained professional foresters. The workings of the sector are, however, determined largely by the substructure of exploitative and repressive relations between the corporate timber industry and the state on the one hand and forest-dependant communities and the public on the other. These relations, established under colonial rule, remain intact throughout the natural resource sector 50 years after independence. Read the report...
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Executive Order No. 1 (2006) mandated forestry reform to include
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Executive Order No. 1 (2006) mandated forestry reform to include the formulation of new forest policies, laws, and regulations. The order makes several references to transparency, accountability and public access to information thus laying out a vision for transparent and accountable management of Liberia’s forest. Read the report...
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All the forest legal framework is not accessible on the Official
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All the forest legal framework is not accessible on the Official Website of the Ministry of Agriculture. For instance, the Law on Forests and Wildlife, approved by Law Nº 27308, cannot be found, nor its Regulation. However, laws of lower level issued since 2008 can be found. Read the report...
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| Transparent access to decision-making |
There is no tradition of civil society participation in decision-
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There is no tradition of civil society participation in decision-making on issues relevant for the management of forests. But there have been an effort of the Ministry to involve civil society organizations in Government-run processes (revision of the Manual of procedures for community forestry, negotiation of the Voluntary Partnership Agreement, ongoing revision of the forestry law.
Two challenges remain to the transparent access to decision making:
• the poor organization of the civil society
• the lack of mechanism for organizing citizens’ participation in decision making processes
Read the report...
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There are at least 35 District Forums facilitated by the Forestry
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There are at least 35 District Forums facilitated by the Forestry Commission and NGOs. While leading the consultation process on the VPA, Forest Watch Ghana developed a list of consultative groups. But the process is not yet formalized and not embedded in the government. Read the report...
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There is a plan to set up a National Forest Program that would or
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There is a plan to set up a National Forest Program that would organize and falicilate stakeholder forums on Forests. Regulation 101-07 on Public Participation provides for public involvement in forest-related policy and rule-making process. It also requires the FDA to establish a Forest Management Stakeholder List of individuals, groups and institutions interested in forest management. Read the report...
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Law No.26300, "Law on the Right of Citizens Participation and Con
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Law No.26300, "Law on the Right of Citizens Participation and Control”, regulates mechanisms and procedures for civil society participation in public decision-making. A normative framework on participation specifically related to the forest sector does not exist.
Source
Law on the Rights to Citizen Participation and Control, approved by Law Nº 26300 (26/09/2001) http://spij.minjus.gob.pe/
Read the report...
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| Tenure and land use |
All the forest land is under clear legal ownership: they are eith
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All the forest land is under clear legal ownership: they are either State property or property of Municipality, acquired through a devolution process from the State. This legal regime is however contested by communities, who claim ownership on all the forest land and resources in the country. Read the report...
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The question of forest tenure and ownership, though not under int
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The question of forest tenure and ownership, though not under intense debate currently, is a subject recognized by the government and all stakeholders as important to deal with as quickly as possible.
There is an on-going project, among others to document and streamline land ownership and improve documentation, but it does not deal with a fundamental issue of ownership, custodianship, and usufruct rights.
So the response to the question "Is most forest land under a clear ownership title?" was answered by most respondents as no, except for one paramount chief who was insistent that the land belongs to the living, dead and unborn and that chiefs are the embodiment of these and therefore have bona fide ownership. Read the report...
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There remains considerable confusion over ownership of forest lan
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There remains considerable confusion over ownership of forest land; a private versus public forest land debate continues. A significant percentage of forest land in Liberia is under titles and could be clearly identified. But the situation with forest land held under customary arrangement is less clear. Read the report...
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Lands available for titling are still under a process of physical
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Lands available for titling are still under a process of physical-legal review clearing the property (Art. 70 and 88 of the Political Constitution of Peru). This includes the lands of Native and Peasant Communities, as well as rural properties occupied by settlers. According to Article 66 of the Political Constitution of Peru and in the Constitutional Law for the Sustainable Use of Natural Resources Use, forest lands cannot be sold.
Source
The Body for the Formalisation of Informal Property - COFOPRI, which is a decentralised public body within the Housing Sector, is in charge of designing and implement the programme of formalisation of the property at national level.
COFOPRI carries out the survey, modernisation, consolidation, conservation and update of the national property registry resulting from this formalisation. The functions of COFOPRI are currently being transferred to Regional Governments; http://www.cofopri.gob.pe/quienes.asp?i=7
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| Allocation of permits / user rights |
Improved transparency was one of the objectives of the 1994 fores
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Improved transparency was one of the objectives of the 1994 forestry law in Cameroon. This goal was translated in the law through the generalization of the bidding process as the tool for the allocation of concessions and “ventes de coupe”. The first rounds of allocation had proven the weaknesses of transparency in the process, with some companies receiving the concessions or ventes de coupe without deserving them. Small logging titles which were a major source of controversy in the past few years because of their contribution to illegal logging will now be granted by a commission bringing together representatives of various ministries.
There are still some commercial rights allocated outside of a public and transparent system, especially those aiming at commercial use of non timber forest products and the wildlife. Land concessions leading to conversion of the forest are also granted out of any transparent process, and information is only made available when the deal is concluded.
So far, there is no regulation organizing access to ecotourism or environmental services, including carbon.
Read the report...
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There is a process defined in law for the allocation of timber pe
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There is a process defined in law for the allocation of timber permits, but this is hardly followed. Where there is a public competitive bidding process, it is open to the public; but responses from the survey suggest that the allocation process is not transparent. The final contracts are ratified by the Parliament, but the contract document is usually not available to the general public. Read the report...
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The forestry law and regulations, and the Public Procurement and
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The forestry law and regulations, and the Public Procurement and Concession Act require transparent processes for allocating forest use permits. All the major permits require competitive bidding and the selected areas are subject to a public consultation prior to confirmation. Read the report...
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Since 2005, no new concession allocation process has been launche
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Since 2005, no new concession allocation process has been launched until the decentralisation process is complete. During the period 2000-2005 the granting of forest rights was carried out according to Article 10 of the Forests and Wildlife Law, approved by Law No.27308, as well as in Articles 55 and 106 of its Regulations. Read the report...
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| Logging operations |
Information on logging locations is usually published in a public
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Information on logging locations is usually published in a public notice, but not always at the local level. Though resident populations are not consulted as regards the location of logging titles, they may have an influence on its boundaries. Management plans are not made available to communities or citizens. Read the report...
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Locations and size of logging areas are usually published in news
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Locations and size of logging areas are usually published in newspapers, but not in the case of administrative allocation. Read the report...
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All logging contracts and information on logging volumes are avai
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All logging contracts and information on logging volumes are available to the public. Read the report...
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No information is given to the public
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No information is given to the public Read the report...
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| Extraction of other forest products |
The lack of enforcement texts is an issue for the management of n
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The lack of enforcement texts is an issue for the management of non-timber forest products. The matter relating to wildlife is slightly different since professional hunting areas are well defined and made public. Read the report...
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Information on location of non-timber forest products is very lim
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Information on location of non-timber forest products is very limited as the most recent Forestry Commission inventory is 2002. Permits for some NTFPs exist (see the indicator 'Allocation of permits / user rights, Do permits exist for all uses / services?') but for other NTFPs and environmental services there is no clarity on the permit regime.
. Read the report...
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No information on locations for other forest products is given to
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No information on locations for other forest products is given to the public. Nor a stakeholder consultation process is put in place. Read the report...
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The rules for the use of other forest products are set in the Reg
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The rules for the use of other forest products are set in the Regulation of the Law of Forest and Wildlife, approved by Supreme Decree No. 014-2001-AG. Read the report...
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| Environmental services |
Permits for environmental services do not yet exist in Cameroon.
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Permits for environmental services do not yet exist in Cameroon. Read the report...
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No information is available in the public domain on the availabil
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No information is available in the public domain on the availability and allocation of environmental services. Read the report...
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The forestry and environmental laws do not specifically address p
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The forestry and environmental laws do not specifically address permits related to environmental services. In fact, the terminology ‘environmental services’ is not used anywhere in both laws. Comments in this section relates to general EIA requirements and processes. Read the report...
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There is no regulation in this regard. Currently, there are two L
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There is no regulation in this regard. Currently, there are two Law Projects on this issue, awaiting debate in the Congress.
Source
Ruling in Law Projects N° 2386/2007-CR, which proposes a Law of Promotion and Compensation for Environmental Services, and 3213/2008-PE, which proposes a Law on Environmental Services
http://www2.congreso.gob.pe/Sicr/ApoyComisiones/dictamen20062011.nsf/DictamenesFuturo/54A4BF4A6607A87E052575EF00738FC9/$FILE/02386DC16MAY100709.pdf
Read the report...
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| Cultural services |
Permits for tourism/ecotourism are granted by the Ministry of Tou
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Permits for tourism/ecotourism are granted by the Ministry of Tourism. Neighbouring communities are informed after the permit allocation. Read the report...
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In general there is very little information on the cultural servi
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In general there is very little information on the cultural services in the forest areas. Some maps available provide information on some well-known cultural sites in forest areas and together with the Ghana Tourist Board, the Wildlife Division of the Forestry Commission, have developed maps and information brochure on the location of various cultural sites. However, there is a complete dearth of information on what the processes are in assessing and developing these potentials. Read the report...
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While forest related information with limited exceptions, are pub
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While forest related information with limited exceptions, are public documents, the law and regulations do not specifically address these types of permits. Read the report...
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The granting and the location of conservation or ecotourism conce
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The granting and the location of conservation or ecotourism concessions are published in the official journal. Read the report...
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| Extra-sectoral activities affecting forests |
Forest is exposed to threats from non forest activities. In most
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Forest is exposed to threats from non forest activities. In most cases, decisions about the allocation of mining and land concessions are not transparent, in the sense that they are not made public before the final decision. Concerning large infrastructure the information about their planning is often publicly known, but not the detailed plans. All those projects are normally subjected to the preparation of an environmental impact assessment, prior to the beginning of their activities, except for mining operations, where the EIA is due after the exploration phase, before the beginning of exploitation.
All those operations are likely to contribute to the destruction of the forest, at least because they are not likely to comply with forest management plans (where applicable), and will lead to clear cutting.
Read the report...
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The overwhelming response was NO.
Indeed such is the non-transpa
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The overwhelming response was NO.
Indeed such is the non-transparency of the process that even though the same parent ministry is responsible for both forestry and mining, permits are sometimes given for mining prospecting in forest reserves against the better judgment of the Forestry Commission.
All the respondents agreed that there are extra-sectoral activities threatening to the forest. Mining, farming, bush/wildfire, sand winning, stone quarry were some of the examples of the extra-sectoral activities mentioned.
Read the report...
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The Government of Liberia has issued several large-scale mining a
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The Government of Liberia has issued several large-scale mining and monoculture agricultural concessions. Some of these concessions are situated in or close proximity to areas considered significant for biodiversity conservation. The large-scale agricultural concessions will particular intensify conversion of natural forests and deforestation. Read the report...
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Decisions about extra-sectoral operations are not transparent.
Th
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Decisions about extra-sectoral operations are not transparent.
There are extra-sectoral threats to the forest as long as the legal dispositions give priority to the development of extractive activities of other sectors, to the detriment of the adequate management of forest resources. Read the report...
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| Fiscal regime: tax collection and redistribution |
The forest law and the Finance Law do provide for taxes, royaltie
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The forest law and the Finance Law do provide for taxes, royalties, or other any other benefits to be collected from permit holders and given to neighbouring communities. It is worth mentioning that reference is not explicitly made to “affected communities” but it is assumed that “neighbouring communities are certainly targeted because they are the ones likely to be directly affected by the adverse effects of logging activities. To this effect, Section 68 (2) of the Forest Law states “For the development of neighbouring village communities of certain communal forests under exploitation, part of the proceeds from the sale of forest products shall be reserved for the said communities under conditions laid down by decree.”
Communities are also entitled to the Annual forest Royalties assessed on the basis of the surface area; the rate is fixed by the Finance Law. In addition, communities are entitled to the contribution to the execution of social amenities
The regulation on this contribution has never been passed but in practice, permit holders pay 1000 Fcfa per cubic meter of harvested timber.
Read the report...
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The distribution of land revenues, including forest revenues, is
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The distribution of land revenues, including forest revenues, is enshrined in the 1992 Constitution. However civil society and traditional authorities often challenge the position of the Forestry Commission on what actually constitutes revenue. The figures for collection and distribution are published in quite detail, but usually late. Social responsibility agreements are included by law in the allocation of timber resources to timber companies, and the law provides for the signing of social responsibility agreements by timber firms with forest fringe communities. Read the report...
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The National Forestry Reform Law provides for the redistribution
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The National Forestry Reform Law provides for the redistribution of Land Rental Fees. Affected Communities are entitled to 30% of the total Land Rental Fees collected from logging companies. Read the report...
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There is a series of economic incentives for the development of f
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There is a series of economic incentives for the development of forest activities: the percentage reduction of the right to use set by the Forests and Wildlife Law, approved by Law No.27308 and amendments; and the tax benefits set by the Law for Investment Promotion in the Amazon, approved by Law No.27037 and emendations.
Source
Forests and Wildlife Law, approved by Law Nº 27308 (16/07/2000)
Law of Investment Promotion in the Amazon, approved by Law Nº 27037 (30/12/1998); http://spij.minjus.gob.pe/
Read the report...
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| Forest law enforcement |
Citizens are encouraged to denounce illegal activities in the for
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Citizens are encouraged to denounce illegal activities in the forest sector. Information in illegal practices are to be provided to the prosecutor. In the case of activities in the forest sector, information are to be provided to officials in MINFOF. There is no formal procedure for denunciation,, and communities referred to cases where denunciation did not lead to any formal investigation or sanction. Read the report...
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The general democratic environment in the country provides useful
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The general democratic environment in the country provides useful opportunities to talk about all issues, including forests. Citizens do not usually actively participate in control operations. However, in many places there are community resource management groups that undertake supportive activities such as patrols. Read the report...
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There are no opportunities for citizens to discuss law enforcemen
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There are no opportunities for citizens to discuss law enforcement issues when they arise, nor they are actively participating in control operations. Regulation 108-07 on Chain of Custody provides for Independent Forest Monitoring. Read the report...
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Citizens are partially encouraged to assist with law enforcement.
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Citizens are partially encouraged to assist with law enforcement. The state has issued laws that contribute to the enforcement of the Forests and Wildlife Law, including: the creation of the Forest National Council (CONAFOR), the Law on the Right of Citizens Participation and Monitoring Rights, the Regulations on Transparency, Access to Environmental Public Information and Participation and Consultation in Environmental Issues. However, CONAFOR has not been implemented, nor can citizens exercise their citizenship, i.e. the right to make requests and demand state accountability.
Also, there is a constitutional recognition of the rights of citizens to participation, transparency and access to public information.
Source
Forests and Wildlife Law, approved by Law Nº 27308 (16/07/2000);
Law on the Rights to Citizens Participation and Monitoring, approved by Law Nº 26300 (26/09/2001);
Regulations on Transparency, Access to Environmental Public Information and Citizen Participation and Consultation in Environmental Issues, approved by Supreme Decree N° 002-2009-MINAM (17/01/2009);
http://spij.minjus.gob.pe/hts
Read the report...
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| 'Anti-transparency' norms |
Generally speaking, there is a lack of transparency standards. An
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Generally speaking, there is a lack of transparency standards. And where some do exist, they have no enforcement order, therefore this gap in the law stops them from being implemented. This has been the case for instance with the implementation of article 66 of the Constitution which compels people with a public position to draw up a list of their assets public – to this day, this has been inadequately enforced. Read the report...
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The oath of secrecy required to public officials as contained in
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The oath of secrecy required to public officials as contained in art.286 (6j) and 286 (7) of the 1992 Constitution, has quite often been used by public officials as a way to limit the level of transparency. Read the report...
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Laws and rules include some caveats which allow for "closed door"
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Laws and rules include some caveats which allow for "closed door" sessions and for companies to request government to treat certain information as confidential. These caveats has been used in the forest sector too. Moreover, the FDA has been selective in responding to requests for information. Read the report...
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Access to information is a fundamental right recognised in the Po
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Access to information is a fundamental right recognised in the Political Constitution of Peru, as well as in various norms which develop its content - like the jurisprudence of the Judicial Power and of the Constitutional Tribunal.
Because of the above, a law that prevents transparency would be unconstitutional.
Read the report...
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| Publications |
The Ministry of Forestry and Wildlife publishes some information
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The Ministry of Forestry and Wildlife publishes some information on a regular basis (information on the activities of the Ministry, statistics, list of pending cases of law violations, etc.). It has no system in place for disseminating information or responding to requests about access to information. Read the report...
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The Forestry Commission has elaborated several services in its Se
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The Forestry Commission has elaborated several services in its Service Charter which it provides to its clients. In the Charter the FC identifies publication of materials, and reports as a key communication tool with the public. Performance monitoring on these services however, is not within the capacity of the forest fringe communities and several characteristics of the FC operations point to the non-fulfilment of the tenets of the Service Charter.
Notwithstanding a distinguishing feature of the FC in the last 4-5 years has been the consistent publication (albeit delayed) of the half-yearly disbursement and distribution of timber revenue to the statutory stakeholders.
Read the report...
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The FDA did distribute a set of documents to the CFDCs. The set c
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The FDA did distribute a set of documents to the CFDCs. The set contained one copy each of the law, policy and regulations. Read the report...
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Though the Transparency and Access to Public Information Law obli
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Though the Transparency and Access to Public Information Law obliges the Forest Authority to publish the information related to the sector, as of October 2009 it has not complied with this requirement. Read the report...
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