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SUMMARY OF THE PROPOSAL OF THE INDIGENOUS COMMUNITIES Nanay basin PRIOR CONSULTATION WITH THE BILL OF 04141 HOSTED BY THE PERUVIAN CONGRESS OF TRANSFER MARAÑON


By: Mario Barreto Luis Serrano *
Email: amazonia@peru.com

RATIONALE .- Amazonian populations ancestral legitimate heirs of the Amazon, who in many cases defended with their lives now face a slow demise of ethnic groups, with the consequent loss of valuable cultures, however, the benefits of oil exploitation, are still moving to completely different segments of the Amazon, condemning them to an uncertain future, being easy to understand, the extremely low socioeconomic status found in : mandatory coexistence of different vectors borne diseases, increased of infection with HIV, hepatitis B, poor school performance with high rates of truancy, etc., etc.

If we make an estimate of the wealth and the serious damage that we have historically been subjected, we are confident that the damages would be nothing less than a millionaire, in fact we have gone unnoticed over time, therefore, present this proposal.

In this regard, we propose the inclusion in the new Law on Forestry and Wildlife No. 04141/2009-PE, of the following promotional, to develop the Amazonian people, for this purpose, add a title called Promotional Development Indigenous Peoples, including, inter alia, the following amendments: Amend

article:

5 º .- ".... is hereby declared as a heritage forest and wildlife to the nation and indigenous peoples, in a shared ..."

add the following principles: PRINCIPLES

:

inheritance (inherit directly and ancestral heritage) .- Consider the heirs of the indigenous Amazonian territories, therefore, natural resources belong to them as much as the Peruvian state itself.

FAIR ACCESS TO NATURAL RESOURCES .- establishes a fundamental principle, fair access and controlled natural resources within and outside the territories qualified or not indigenous peoples, provided they do not overlap on the rights of other populations, ie those that are nearest to the place of extraction of the resource advantage, debiéndose establish internal regulations or communal federation.

RIGHT TO PRIOR CONSULTATION .- Can not give a concession of any kind in indigenous territories or not, without prior consultation and approval of the surrounding indigenous peoples in areas of parks, shrines, communal reserves, or its damping.

Add the following title:

TITLE V - DEVELOPING PROMOTIONAL FOR INDIGENOUS PEOPLES

Article 1 .- .- RIGHT TO CONCESSIONS forest concessions to indigenous communities, should be awarded, through their Associations, NGOs, Municipalities, which may grant concessions to communities or federations applicants on equal conditions, non-indigenous competitors in a minimum of 30%.

Article 2 .- LEGAL LAND DRAINAGE .- The degree of communities must be part of the policy of State who is forced to head to communities that request it, before proceeding to concession or Forest Land of the Amazon.

Article 3 .- TAX BENEFITS FOR SERVICES ENVIRONMENTAL .- Destínese resources from tax benefits on account of tax refund to the creation of the Global Environmental Services indigenous communities, which are distributed through a regulation.

Article 4 .- CREASE THE INDIAN FOREST BANK .- Using capture mechanisms, annual carryover of public institutions, as is the case of unused funds, including those arising from Executive Groups concepts, those, who shall deposited in the Indian Forest Bank, to implement conservation programs, Development and Forest Plantations.

Article 5 .- SIMPLIFIED SELF-MANAGEMENT PLAN .- Plans Community Forest Management should be simple and flexible, frameworks, organized and produced by communities and / or associations to which they belong, georeferencing suffice for which it is approved, provided they are within titled territories on behalf of the respective communities, in the case of Conservation Areas, it is done by the respective Indian Federation.

Article 6 .- RIGHT TO PROMOTIONAL FUNDS .- Indigenous communities have the right to promotional funds projects in ecotourism and conservation of flora and fauna, for this purpose, the Government must create the Promotional Fund 5% of Canon Oil.

Article 7 .- CREASE PROMOTIONAL OFFICE OF NATURAL RESOURCES FOR INDIGENOUS COMMUNITIES .- The one that should be integrated by the federations and / or indigenous communities, who make up an Indian Directory, which will among others, the advisory role , integrate, guide and correct the shortcomings of the law, to propose their development, having to that end, studies and consultations, statistics and evaluations in all stages of the process, access and use of natural resources to indigenous communities.
* Advisory Coordinating Native and Rural Communities Nanay River Basin and a member of the ethnic Iquito.