Peru

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Environmental Crime Legal Framework in Peru

The Constitution contains the following legal principles relating to environmental matters:

Article 2 establishes that every person has the fundamental right to live in a healthy and balanced environment, one which allows the full development of a person's life.
Articles 66 to 68 establish that:
# It is the state's duty to determine the National Environmental Policy, which must pursue the sustainable use of the country's natural resources (the Ministry of Environment published the National Environmental Policy on 23 May 2009);

# The state must promote the conservation of biodiversity, the creation of natural protected areas and the sustainable use of the Amazon rainforest.

Featured Legislation

1992: Resolution No. 410/92/AG was created. Through this Resolution, the Peruvian National Forestry Action Plan is formally approved, which will serve to guide the activities of the public and private institutions responsible for forestry development. Said Plan is part of the country's current agrarian policy. It has been prepared according to a participatory process that has received the contribution of public, private and non-governmental bodies in the forestry sector.

2004: Supreme Decree No. 031/04/AG was instituted. This Supreme Decree formalizes the National Forestry Strategy, Peru 2002-2021, prepared in collaboration with the FAO, tries to develop a theoretical framework that allows us to understand that a productive system is sustainable, to the extent that natural and social systems coexist and interact harmoniously. In this way, the contrast of reality with the principles and foundations of development, is gravitating to allow a better approximation to the goals and objectives of forestry development in Peru.

2005: The General Environmental Law (Law 28611) (GEL) was established. The GEL contains the general framework for environmental law. Some of the most relevant aspects of this legislation are that it:

Brings into a single legislative body the principles governing environmental policy and the system for the approval of environmental management instruments for investment projects.

Clearly sets out the general principles applicable to all environment-related aspects of law.

Defines the concepts of maximum permissible limits (MPLs) and environmental quality standards (EQSs) and the process for their approval and review.

Regulates access to public information and participation in the governmental decision-making process in environment-related matters.

Differentiates the competencies at national, regional and local levels of government.

Contains provisions on the use and protection of flora, fauna, land, water, air and other natural resources by populations, including indigenous peoples, rural and native communities, and industry.

2010: Resolution No. 078/10/IN was approved. This Resolution approves the Annual Plan for the Reduction of Illegal Coca Growing Space in Peru 2010, which constitutes the normative, executive and activities document to be developed by the Special Project for the Control and Reduction of Coca Cultivation in Alto Huallaga (CORAH) , during the operating period corresponding to the year 2010.

2010: Supreme Decree No. 064/10/EM (National Energy Policy of Peru 2010-2040) was ratified. The Supreme Decree establishes the National Energy Policy of Peru 2010-2040, whose basic vision is an energy system that meets the national energy demand in a reliable, regular, continuous and efficient manner, that promotes sustainable development and is supported by the planning and continuous technological research and innovation.

2016:Resolution No. 081-2016-PRODUCE-DVPA was signed. This Resolution approves the National Action Plan for the conservation and management of the perico resource in Peru (PAN Perico – Peru), as a medium and long-term planning and management tool, which specifies the objectives and activities that are considered relevant for comprehensively cover the conservation and management of its fishery at the national level.

2018: Supreme Decree No. 007-2018 was enacted. This Supreme Decree approves the National Action Plan for the conservation of River Dolphins (Inia geoffrensis and Sotalia fluviatilis) and Amazonian Manatees (Trichechus inunguis) in Peru – PAN River Dolphins and Amazonian Manatees Peru. The Action Plan's general objective is to guarantee the conservation of river dolphins (Inia geoffrensis and Sotalia fluviatilis) and the Amazonian manatee (Trichechus inunguis) in the Peruvian Amazon.

2019: Resolution No. 504-2019-MGP was passed. This Resolution creates the Maritime Information Fusion Center – Peru for Latin America (IFC – Peru), whose purpose is the collection and analysis of information on illegal acts and relevant maritime issues in the region, in order to produce accurate information. , reliable, impartial and usable information on maritime safety and security.

Featured Case Studies: Transnational Environmental Crime, Human Security, and Biosecurity

  • On April 1, 2018: Peru launched its first specialized environmental court, or juzgado ambiental. Located in the heart of the Peruvian Amazon, in the city of Puerto Maldonado, the court will have jurisdiction over criminal, administrative, and constitutional cases involving the environment throughout the Madre de Dios Judicial District. The creation of the court is the result of the nation’s recent efforts to bolster the environmental rule of law, particularly in response to illegal mining, deforestation, environmental degradation, and illicit trade in wildlife, mining equipment, and hazardous waste. In November 2017: Peru’s Judiciary held a prominent  International Congress on Environmental Justice in Puerto Maldonado, drawing upon the insights of judges from Peru, Brazil, and Chile, as well as legislators, public officials, and environmental law experts from throughout the region. All attendees were asked to sign the  Madre de Dios Pact for Environmental Justice in Peru. The new court has already experienced a backlog of important cases, with approximately 3,000 active environmental complaints. The majority of the complainants are local villagers trying to prevent illegal mining operations and deforestation on sacred lands. While Peru’s  Constitution provides that each person has a fundamental right to “enjoy a balanced environment” that can support human development, local communities feel as if their rights are being infringed upon by new laws which facilitate the issuance of mining permits without FPIC from Indigenous communities. As such, communities are using the newly established environmental court to hold the government’s feet to the fire, as it were, to ensure a duty on the government to promote “sustainable development in the Amazon” and the “conservation of biological diversity and protected natural areas.”

References and Further Reading

Contacts

Ministerio del Ambiente, Sr. Rubén José Ramírez Mateo Ministro: cdiaz@minam.gob.pe Tel. (511) 6116004 ext. 9634

 

 

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