Professional Association vs. Law No. 31973 (anti-forestry law) before the Constitutional Court of Peru

Location

Lima Peru

Status
In progress
Start date
January 11, 2024
Date of judgment or latest existing decision
It does not yet have a sentence
Summary

On January 11, 2024, the Peruvian Congress published in the Official Gazette El Peruano Law No. 31973, a law that resulted from Bill 649-2021-CR (and others of a similar nature) with which:

  1. Articles 29 and 33 of the Forestry and Wildlife Law - Law No. 29763 - are amended, referring to the procedure and competence to establish permanent production forests and to approve forest zoning.

  2. The mandatory nature of the technical and legal instruments that prevent changes in land use in forest areas and prevent deforestation is suspended. These are:

  • Forest zoning,

  • The Classification of Exchange Lands by their Capacity and Greater Use (CTCUM) with respect to areas occupied by private properties that do not contain forest mass and that develop agricultural activity, considering them exceptionally as exclusion areas for agricultural purposes

  • Land use change authorizations (a legal tool to prevent the change of land use from forest to agricultural land, which for practical purposes is one of the main legal institutions that allow preventing Amazonian deforestation in Peru, and in case they occur without it, it is sanctioned administratively and criminally.

The regulation is being challenged because it was approved in violation of the procedural rules for its approval, and because it did not go through a prior consultation process with indigenous peoples.

The College of Sociologists of Peru filed a lawsuit for unconstitutionality on January 11, 2024, that is, the same day that Law No. 31973 was published in the Official Gazette El Peruano, because the law violates constitutional rights.  

Climate element

According to Peru's National Greenhouse Gas Inventory (INGEI), Amazonian deforestation is the country's main cause of greenhouse gas emissions. In fact, emissions from the agricultural sector related to land use, land-use change, and forestry (LULUCF) account for 47.90% of total GHG emissions and are the primary source of CO2 emissions in the country. The activities that contribute the most emissions in the agricultural sector are those related to the conversion of forest and pastureland into crops, primarily in the Amazon region, and the removal of vegetation cover due to changes in carbon stocks in living biomass.

Law No. 31973 legalizes the occupation and use of forest lands located in the Amazon for agricultural purposes, which involve the removal of Amazonian forest for the development of said activities.

Claimants
  • College of Sociologists of Peru

 

Defendants
  • Presidency of the Republic of Peru
  • Congress of the Republic of Peru
Territorial context

The plaintiff argues that the failure to comply with these steps jeopardizes the biodiversity and ecological balance of affected areas, as well as directly impacting native communities that depend on these ecosystems for their livelihoods. Furthermore, the recent amendment to the Forestry Law raises concerns about potential tensions between Amazonian and peasant communities, and the possibility of conflicts arising from land use and ownership disputes.

This is due to the omission of the prior consultation and consent process, which aims to ensure that the position of Indigenous peoples is heard and considered before the implementation of any project or legislation that directly affects them. This standard is established by Law No. 29785 and Convention 169—ratified by the Peruvian State—to protect the rights of Indigenous peoples over their territories, especially their right to self-determination in the management of their ancestral lands.

Rules and principles invoked

General Law of the Environment

Framework Law on Climate Change

Forestry and Wildlife Law

ILO Convention 169

 

Instance
Constitutional
Actor type
Civil society organization
Topic
Forests and deforestation
Rights of nature
Obligations of States
Environmental protection
Unjust transition
Defendant type
State
Grounds for claim
Environmental or climate damage