Prior Consultation for the Forestry and Wildlife Law No. 29763
The first case of prior consultation in Peru was the process of consultation and joint development of the legal body of the new Forestry and Wildlife Law No. 29763, enacted in July 2011, as well as its 4 Regulations (enacted in September 2015), in which the legal text was analyzed, consensualized and reformulated at public hearings, meetings and joint workshops with indigenous organizations, regional organizations and local communities.
Institutional design
Formalization: is the innovation embedded in the constitution or legislation, in an administrative act, or not formalized at all?
Frequency: how often does the innovation take place: only once, sporadically, or is it permanent or regular?
Mode of Selection of Participants: is the innovation open to all participants, access is restricted to some kind of condition, or both methods apply?
Type of participants: those who participate are individual citizens, civil society organizations, private stakeholders or a combination of those?
Decisiveness: does the innovation takes binding, non-binding or no decision at all?
Co-governance: is there involvement of the government in the process or not?
- Formalization
- not backed by constitution nor legislation, nor by any governmental policy or program
- Frequency
- single
- Mode of selection of participants
- restricted
- Type of participants
- citizens civil society
- Decisiveness
- democratic innovation yields a binding decision
- Co-Governance
- yes
Means
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Ends
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