The distribution of powers and responsibilities affecting forests, land use, and REDD+ across levels and sectors in Peru
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
Published by: Center for International Forestry Research
Pages: 67
OPEN ACCESS
https://www.jstor.org/stable/resrep02240
Table of Contents
Export Selected Citations Export to NoodleTools Export to RefWorks Export to EasyBib Export a RIS file (For EndNote, ProCite, Reference Manager, Zotero, Mendeley...) Export a Text file (For BibTex)
Select / Unselect all
  1. Front Matter
    Front Matter (pp. i-ii)
  2. Table of Contents
    Table of Contents (pp. iii-iv)
  3. Acknowledgment
    Acknowledgment (pp. v-v)
  4. Introduction
    Introduction (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...

  5. 1 Overview of the different levels of government
    1 Overview of the different levels of government (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...

  6. 2 Mechanisms for distributing financial resources
    2 Mechanisms for distributing financial resources (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...

  7. 3 Description of roles of different government levels in land use decision/policy arenas affecting forests
    3 Description of roles of different government levels in land use decision/policy arenas affecting forests (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...

  8. 4 Bibliography of legislation cited
    4 Bibliography of legislation cited (pp. 53-54)
  9. Appendix 1. Distinctions between the powers of provincial and district governments
    Appendix 1. Distinctions between the powers of provincial and district governments (pp. 55-55)
  10. Appendix 2. Referential list of public participation mechanisms in environmental assessment
    Appendix 2. Referential list of public participation mechanisms in environmental assessment (pp. 56-58)
  11. Back Matter
    Back Matter (pp. 59-59)