The Coordinadora Nacional de Derechos Humanos has issued a public statement expressing concern at the most recent legislation being introduced in Peru which appears to be yet another attempt to eliminate barriers to investment at the expense of vulnerable communities.

In August 2015 Congress approved Legislative Decree 1192, which substantiates the legislation over the acquisition and expropriation of physical property (“inmuebles”) and paves the way for land to be expropriated if deemed to be of “public necessity” to implement infrastructure projects.

According to the Coordinadora, Decree 1192 further eliminates barriers to investment by making it easier for land to be expropriated and getting rid of a previous “exceptionality” clause. In September, Congress published Legislative Decree 1210, modifying the tenth complementary clause (décima disposición complementaria) of 1192 which had excluded land and territories of indigenous peoples from expropriation.

Although Decree 1192 has been welcomed as a step towards unifying all previous procedures in order to expedite the expropriation for infrastructure projects, there is a growing concern that it will now put indigenous and peasant populations at greater risk of having the land they inhabit and depend upon expropriated since many such communities lack individual registered land titles (catastros geo-referenciados).

For the Coordinadora’s statement, see:
http://derechoshumanos.pe/2015/10/ante-la-promulgacion-de-los-decretos-legislativos-1192-y-1210-nuevo-marco-normativo-para-expropiaciones/

For Legislative Decree 1192, see:
http://www.elperuano.com.pe/NormasElperuano/2015/08/23/1278057-1.html

For Legislative Decree 1210, see:
http://www.elperuano.com.pe/NormasElperuano/2015/09/23/1290959-10.html