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Research Report

The distribution of powers and responsibilities affecting forests, land use, and REDD+ across levels and sectors in Peru: A legal study

Patrick Wieland Fernandini
Ronnie Farfan Sousa
Copyright Date: Jan. 1, 2015
Pages: 67
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Table of Contents

  1. (pp. vi-vi)

    This report was commissioned under CIFOR’s Global Comparative Study on REDD+, as part of a research project on multilevel governance and carbon management at the landscape scale. Its purpose is to describe the distribution of powers and responsibilities related to land use, forests, ecosystem services and, by extension, REDD+ among levels and sectors of the Peruvian government. To that end it reviews laws dealing explicitly with different sectors that affect land use and also decentralization. It is intended as a reference for researchers and policy makers working on land use issues in Peru, and is therefore largely descriptive in its...

  2. (pp. 1-12)

    The 1993 Peruvian Constitution establishes that Peru is a decentralized, unitary State1 with three levels of government²: national, regional and local (which include provinces, districts and municipal governments).

    Decentralization in Peru is an ongoing process designed to occur progressively through phases in an orderly fashion. Its aim is to ensure an appropriate distribution of powers among government levels, requiring the transfer of resources from the national government to subnational governments.³

    According to Law No. 27783, the Decentralization Law, the objective of the decentralization process is to achieve Peru’s comprehensive, harmonious and sustainable development. It aims at a balanced division of...

  3. (pp. 13-16)

    Law No. 26821, the Natural Resources Law, defines natural resources as “every component of nature that can be used by humans to satisfy their needs and that have an actual or potential value in the market.” These include water, soil, biodiversity, hydrocarbons, minerals and forests. This law establishes that all natural resources are part of the national heritage.48

    The Constitution stipulates that natural resource exploitation must serve the national interest. Thus, the benefits generated from such exploitation must be distributed throughout the nation. In accordance with this principle, the government, as the political expression of the nation, is the titleholder...

  4. (pp. 17-52)

    Land Use Planning / Ordenamiento Territorial (OT) is a planning tool designed to define criteria and environmental indicators that enable efficient land use allocation, as well as the ordered occupation of land. OT responds to the need to plan and organize the territory, assigning use priorities based on socioeconomic, cultural and ecological aspects.70 While OT was conceived of as a strategy for land use planning, it was never binding. An economic stimulus package passed in July 2014 clarified that it is merely referential.71 OT is largely based on physical, biological, environmental, social, economic and cultural variables that are characterized through...