Threats seen to indigenous land rights

03 September 2017

Issues of land ownership and investment requirements are much on the agenda following President Pedro Pablo Kuczynski’s presidential address a month ago. Grassroots groups are much concerned at the project, now known as 1718-2017-PE, which was outlined in his speech on 28 July. A document produced by ‘El Colectivo Territorios Seguros para las Comunidades del Perú’ and the ‘Plataforma Gobernanza Responsable de la Tierra’ is being given publicity by the NGO Cooperacción.

The project seeks to amend the original decree law (DL) 1333, which was rejected by indigenous groups and subsequently voted down in Congress itself. The law was seen as introducing norms relating to expropriation that seriously threatened peasant and native communities and small-scale family farming. It was eventually deemed unconstitutional.

The new proposal is somewhat better in the procedures involved, but is still seen as a threat. It creates an institution APIP (Acceso a Predios para Proyectos de Inversión Priorizados) to manage the process and puts it within the Ministry of Economy and Finance (MEF), a ministry with no experience of such matters, under the argument that delays in allocating real estate for public or private investment damage growth.

The proposal appears to do something to protect indigenous land rights by allowing the exclusion of property owned by indigenous’ groups but, as the groups point out, more than half of peasant communities are not recognised as indigenous and many that are recognised lack land titles or even cadastral information.

The groups ask for proper dialogue and an appropriate use of prior consultation (consulta previa).

All news

  • PSG Aims

    The Peru Support Group exists to promote social inclusion, sustainable development and the observance of human rights in Peru. To that end the PSG highlights shortcomings in observance of established norms, whether international or local in nature, in its research, advocacy and publications. In so doing, it underscores the relationships that exist within the political system, how institutions work, and the effectiveness of policies that aim to reduce poverty and inequality within the context of sustainable development.

  • Historical Overview

    Over the past century Peru has suffered a series of autocratic governments and a civil war in which nearly 70,000 people died. Many of the country's ongoing political and social problems are a legacy of its somewhat turbulent past. 

  • Human Rights

    Human rights violations were widespread during the twenty years after the initiation of armed conflict in 1980. Efforts to convict perpetrators since the war's end have made only limited progress. Today, concerns remain over the treatment of those engaged in social protest, particularly against strategically important investment projects.

  • Why join the PSG?

    • Keep up to date with latest news and developments in Peru
    • Learn about key issues of poverty, development and human rights in Peru
    • Support the work of the Peru Support Group

    Become a member