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

Abstract

Which levels of government hold powers over forests and land use in Peru? Which powers and responsibilities are centralized, and which are decentralized? What role can citizens play? This report reviews the statutory distribution of powers and responsibilities across levels and sectors. It outlines the legal mandates held by national, regional and local governments with regard to land and forests, including titling, forest concessions, oil and minerals investments, road infrastructure, oil palm plantations, conservation, land use planning, and more. The review considers national legislation as of 2014 and incorporates important reforms in early 2015. The first section describes the decentralization process, including mechanisms for public participation. The second section outlines sources of revenue available to different government levels and new legislation on payments for environmental services. The third section details the specific distribution of powers and arenas of responsibility related to multiple land use sectors across levels and among offices within levels. Summary tables are included for each different policy arena to facilitate analysis across government levels and functions: policy making, authorizations, administration, control and monitoring, auditing and sanction. The study was commissioned under CIFORs Global Comparative Study on REDD+, as part of a research project on multilevel governance and carbon management at the landscape scale. It is intended as a reference for researchers and policy makers working on land use issues in Peru.

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