Lima. Peru
In August 2023, the Institute for Legal Defense of the Environment and Sustainable Development (hereinafter, “IDLADS PERÚ”) initiated an action for compliance with the Sixteenth Final Complementary Provision of the Regulations of the Framework Law on Climate Change against the Ministry of the Environment, Law No. 30754, which states that the Ministry of the Environment should present to the Executive Branch a proposal for a guarantee fund for investment in renewable and clean energy, food security, ecosystem services, research, technological development and innovation in adaptation to climate change, within a period of 180 days, which expired on September 8, 2020.
Having passed three years without the MINAM fulfilling said climate obligation, the decision of the 10th Constitutional Court of Lima, which has ordered the implementation of the guarantee fund described in the sentence, is completely justified.
Implementation
This ruling is the first of its kind, forcing the Peruvian State to fulfill its climate obligations, especially in a context where global warming is causing serious damage in Peru, which is one of the countries most vulnerable to this phenomenon.
Upon declaring the compliance claim filed by IDLADS PERÚ founded, the Ministry of Environment was ordered to submit to the Executive Branch the design of a guarantee fund, prioritizing indigenous or native peoples, within the framework of the Fifth Final Complementary Provision of the LMCC, with the participation of indigenous or native peoples, as established in the Sixteenth Final Complementary Provision of Supreme Decree No. 013-2019 MINAM, under the following rules:
1. The Ministry of the Environment, the day after being notified of this ruling, must continue with the actions aimed at preparing and presenting to the Executive Branch the design of a guarantee fund (...)
2. The Ministry of the Environment, within ten days of being notified of this ruling, must report what specific actions it will take to comply with this mandate, specifying the deadlines for each of them, duly supported (...)
3.-This court in the execution stage must evaluate the reasonableness of the actions and deadlines proposed by the Ministry of the Environment (...)
4. Any institutional difficulty in presenting the design of a guarantee fund to the Executive Branch (...) must be immediately communicated to this court, explaining the impact of said difficulty on compliance with the established orders (...)
5.- The sentence will only be considered fulfilled when the defendant presents to the Executive Branch the design of a guarantee fund, prioritizing indigenous or native peoples, within the framework of the Sixteenth of the Final Complementary Provision of the LMCC.
The plaintiff argues that the United Nations Secretary-General, António Guterres, warned that the year 2023 would mark the end of the era of global warming, as the era of "global boiling" had begun, and that these statements were made on the very day that the World Meteorological Organization (WMO) reported that July 2023 would be the warmest ever recorded by humanity.
Faced with this catastrophic situation, the UN Secretary-General reiterated his incessant calls for radical and urgent action, once again condemning the fossil fuel sector. Therefore, it is imperative to comply with the Sixteenth Final Complementary Provision of the Regulations of Law No. 30754, which stipulates that within a maximum period of one hundred and eighty (180) business days from the entry into force of these Regulations, MINAM, with the participation of indigenous or native peoples, must present to the Executive Branch the design of a guarantee fund, prioritizing indigenous or native peoples.
Likewise, through a letter from IDLADS dated July 26, 2023, they requested the Ministry of the Environment to comply with the Sixteenth Final Complementary Provision of the Regulations of the Framework Law on Climate Change, Law No. 30754, and having passed more than 10 business days without the authority giving them a response, and, taking into account that the deadline to do so has expired, they file the action for compliance, in order that the Ministry of the Environment be ordered to comply with the aforementioned regulation.
- Institute for the Legal Defense of the Environment and Sustainable Development Peru – IDLADS Peru
- Ministry of the Environment
The Institute for the Legal Defense of the Environment and Sustainable Development – IDLADS is a non-profit civil association created on January 20, 2006. Since its creation, it has been committed to providing technical and legal support in various areas related to environmental protection, promotion of indigenous representation, defense of collective territorial rights, consultation and consent, mainly in the context of extractive industries, rights of indigenous peoples in isolation and in initial contact, consumer rights and public health, the safeguarding of protected natural areas and the rights of their workers.
- Political Constitution
- General Law of the Environment
- Framework Law on Climate Change and its Regulations