Peru – Land

CHAPTER III DIAGNOSIS AND BASELINE: ACTION AREAS

3.2. Conclusions of the specific issues

Human rights defenders

According to the MINJUSDH registry, situations of violation of the rights of human rights defenders are due to economic informality, the lack of legal security in the titling of communal lands, the resulting land trafficking, and criminality associated with illegal mining and illegal logging, and drug trafficking. However, the civil society database identifies violations in both formal and informal activities, also within the context of socio-environmental conflicts. – page 47

Mining

Mining is one of the most important economic activities in the country and, in recent years, due diligence mechanisms have been widely adopted for the formal mining sector. Progress has been made in the negotiation of land transactions due to the dialogue mechanisms and, therefore, it is essential to strengthening them considering the land-use planning policy. In addition, the prevention and management of the environmental impacts of mining activity require improvements, such as better quality information on socio-environmental baselines and strengthening the administrative and legal capacity of the competent environmental oversight entities. Progress has also been made in social conflict prevention mechanisms, although the creation and implementation of a national prevention system is still pending. – page 50

Strategic guideline No. 2: Design of public protection policies to prevent human rights violations in the business environment.

Objective No. 3: Review, design, and adoption of national plans and programs to guarantee human rights in the framework of business activities.

38.

Action: Execute training actions aimed at GORES officials on the guidelines of the procedure for the formalization of individual and collective land rights.

Background: The process of formalizing individual and collective land rights needs to be strengthened. To this end, it is necessary that MIDAGRI, through DIGESPACR, implement training actions aimed at GORES officials on the guidelines of
the formalization procedure under the approach of individual and collective human rights over land.

Indicator: GORES officials trained in the guidelines of the procedure for the formalization of individual and collective land rights. – page 82

43.

Action: Promote the reduction of the land titling gap of rural properties, and of peasant and native communities at the level of the GORES.

Background: The execution of the procedures for the Titling of rural properties, peasant communities, and native communities is the exclusive competence of the GORES and the steering role is exercised by the MIDAGRI through the General Directorate of Agrarian Property and Rural Cadastre (DIGESPACR), it, it is required to strengthen the mechanisms to continue promoting the process of formalization of individual and collective land rights, according to its competence.

Indicator: Number of rural property titles registered, promoted by MIDAGRI. – page 84

45.

Action: Expressly incorporate the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning in the next National Environmental Action Plan and the National Environmental Policy.

Background:  The issues of climate change, biological diversity, and environmental land-use planning should be expressly associated with the issue of business and human rights. In this way, related public policy measures would encourage companies to take into account the issues arising from these issues in their due diligence processes throughout the supply chain and address negative environmental risks and impacts. Although climate change, biodiversity, and environmental land use planning are topics addressed in the National Environmental Action Plan 2011-2021 and the National Environmental Policy, it would be appropriate to incorporate the GP-RBC approach in the next public policy of this nature.

Indicator: National Environmental Action Plan, including or expressly contemplating the GP-RBC approach in actions related to climate change, biological diversity, and environmental land use planning. – page 85