Campaigners point out that the amendments to Peru's law are said to be necessary in order to meet Europe's new forest legislation, but that it is being “falsely claimed” that this must be done to ensure compliance with the European Union's new requirements on forest management.
Recently adopted amendments to Peru's Forestry and Wildlife Law have provoked fierce resistance from environmental and indigenous organisations. Activists warn that the amendments could accelerate deforestation in the Amazon rainforest. Their approval removes the requirement for landowners or companies to obtain special state permission before changing the use of forest land. Critics of the law argue that the changes could even legalise illegal logging that has been going on for years.
“This causes us serious concern,” stressed Alvaro Masquez Salvador, a lawyer with the indigenous peoples programme of Peru's Institute of Legal Defence, adding that the reform sets a worrying precedent by “effectively privatising” land that Peru's constitution defines as state property. “Forests are not private property – they belong to the people of Peru,” the lawyer A. Masquez noted.
Supporters of the amendments, adopted in March, claim that they will stabilise Peru's agricultural sector and give farmers greater legal certainty.
The Associated Press (AP) news agency sought comment from several representatives of Peru's agricultural sector, including Maria Zeta Chunga, a member of congress and one of the law's most active supporters. Only one agricultural sector representative replied to AP, saying that they did not wish to comment.
Repeal of legislation and unconstitutional amendments
According to the non-profit organisation Rainforest Trust, Peru holds the second-largest expanse of Amazon rainforest after Brazil. It amounts to more than 70 million hectares, making up around 60% of Peru's territory. This is one of the most biologically diverse regions on the planet, home to more than 50 indigenous peoples, some of whom live in voluntary isolation.
These communities are essential “guardians of ecosystems”, and the rainforests they protect help to stabilise the global climate, since large volumes of carbon dioxide are absorbed in these areas.
The Forestry and Wildlife Law, as originally adopted in 2011, required special state approval and environmental impact studies before any change in the use of forest land. Recent reforms have gradually weakened this level of protection. The latest amendments to the law allow landowners and companies to bypass approval and even to legalise previously carried out deforestation retroactively.
Peru's Constitutional Court upheld the amendments after a group of lawyers filed a constitutional complaint. Although the court struck down some parts of the amendments, it left intact the provision in the law that ratifies previously made illegal changes in land use. Legal experts consider this to be the most dangerous part of the amendments. In its ruling, the court acknowledged that the legal reforms should have been the subject of consultation with indigenous communities, and it also confirmed the Ministry of the Environment's role in determining forest zoning.
Environmental lawyer Cesar Ipenza put it this way: “The court recognises that the law violates the rights of indigenous peoples and that local tribes should have been consulted, yet it still upheld its most dangerous part.”
Strong agribusiness backing
The driving force behind the reform mirrors the dynamic seen in Brazil under former president Jair Bolsonaro, where political and economic forces joined together to curb environmental protection measures in favour of the interests of agro-industrial companies. Brazil's initiatives were led by a very well organised agribusiness lobby, whereas the “Peruvian version” involves a less organised but influential coalition.
In Peru, support comes from representatives of agricultural companies, land speculators and individuals linked to illegal mining and even drug trafficking. Small and medium-sized farmers, who are worried about protecting their land, have also joined the fight.
“We are seeing a convergence of both legal and illegal interests,” stresses Vladimir Pinto, Peru coordinator of the environmental advocacy group Amazon Watch.
Were the amendments made to align with European legislation?
Julia Urrunaga (Julia Urrunaga), Peru director of the non-profit Environmental Investigation Agency, warned that the Peruvian government is now “falsely claiming” that the amendments are necessary in order to comply with the European Union's rules.
Europe will soon require companies importing timber, coffee, soya, beef and palm oil to prove that their goods do not come from illegally deforested areas.
If products linked to illegal deforestation are subsequently legalised and allowed onto the market, this will weaken the effectiveness of demand-side regulation, such as the rules adopted in Europe, D. Urrunaga said. “It is the wrong signal to send to world markets, and it reduces the scope for curbing deforestation through trade bans,” she stressed.
Olivier Coupleux, head of the EU's economic and trade section in Peru, nevertheless denied that the recent changes to the law are connected with Europe's deforestation regulation. Speaking to Peruvian media, O. Coupleux said that the aim of the regulation is to prevent the purchase of products associated with deforestation, and that it does not call for legal reforms but rather for traceability and sustainability of commodities – coffee, cocoa and timber.
Peru's indigenous communities see their way of life as under threat
With no further avenue to bring a claim on this matter before Peru's national courts, civil society groups are preparing to turn to international tribunals. Activists warn that the ruling also sets a dangerous precedent for other countries that might wish to sidestep environmental legislation under the pretext of reform.
For many indigenous leaders, the law poses a direct threat to the territories they lead, to their communities and to their way of life. Julio Cusurichi (Julio Cusurichi), a board member of Peru's Interethnic Association for the Development of the Peruvian Rainforest, said that Peru's example in this context will embolden land grabbing and worsen environmental oversight in territories that are already vulnerable. “Our communities have historically protected not only our land but also the planet,” H. Cusurichi stressed.
https://www.euronews.com/green/2024/02/14/amazon-tipping-point-up-to-47-forest-threatened-by-climate-change-and-deforestation-study-
https://www.euronews.com/green/2021/11/06/what-can-we-learn-from-indigenous-communities-about-safeguarding-the-environment
https://www.euronews.com/green/2024/12/31/with-fairtrade-we-have-a-choice-how-smallholder-coffee-farmers-are-navigating-climate-chan
https://www.euronews.com/green/2024/10/03/deforestation-law-u-turn-signals-discord-over-green-deal-policy