COMMISSION TO THE PRESIDENT OF THE LAND OF THE CONGRESS OF THE REPUBLIC AND THE CHAIR OF THE COUNCIL OF MINISTERS OF THE PERUVIAN GOVERNMENT
The proposal prepared and agreed by the representatives attending in order to be considered a cornerstone of our proposal entitled:
MOTION OF REPRESENTATIVES INDIGENOUS ATTENDANCE AT THE PREVIOUS CONSULTATION BILL 04141 HOSTED BY THE PERUVIAN CONGRESS
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 very poor socio-economic situation in which are: a mandatory coexistence with various vector-borne diseases, increased HIV infections, hepatitis B, poor school performance with high rates of truancy, etc., etc.
Indigenous peoples have always been subject to neglect, as is the case, when issuing certain Emergency Decree, "satisfy whom?, Ascertain that funding flow is viable for indigenous peoples today, best example is in the Emergency Decree No. 028-2006, 085-2009 and 026-2010, which creates the Executive Groups, which despite more than five years of its establishment, the Regional Government of Loreto, to date, has not signed any agreement with Executive Nucleus indigenous community, even though, to have made a hundred of them, on the other hand, there is Central Government's complacency, which does not take steps to run as this decree is for the urgent.
In this proposal, is to match the existing inequality in something, how, the true heirs of the natural wealth of the Amazon, to improve their social and living conditions economic access to natural resources is fair and equitable among all ethnic ancestral, as opposed to a scenario without such conditions. 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.
is not considered to include schemes in favor of indigenous peoples, the draft Law of Forestry and Wildlife No. 04141/2009-PE only alienate the legitimate heirs of their own natural resources, promoting more injustices as if nothing had changed, that is, a law based on the previous Law No. 27308 or 1090, only adding a few business proposals and government, who have a concept, totally different from that of indigenous peoples, true protectors of the Amazon. Articles 77, 78 º, 79 º, 80 º, 81 º, 82 º, 83 º, 84 º, 85 and 86 of the Draft Law No. 04141, are shy solutions that demonstrate the inequality, which seeks to treat indigenous peoples, these articles lack depth and justice, for this reason it is imperative to a substantial change in the design Act, which reflects the true feelings of the indigenous peoples of the Amazon.
In the Nanay basin, there are communities that have organized independent achievements of great importance, what we have used, so that various institutions have received awards and recognitions, such as of "good government practices" or "successful projects", also, outside the nanaínos awards, have managed to protect its territory, calling for the creation of a Regional Conservation Area, expel gold miners, illegal loggers, invasive land, elimination of practices harmful to the ecology and other scars, which are unique accomplishments of these unknown actors, it is therefore important common area, in pursuit of their development, without effort proposed is not possible, since the problems described above, are no strangers to the representative of the ethnic sector Iquito, Cocama, Bora including the sixty-five (65) Amazon ethnicities. On the other hand, it is important to note that the Nanay River basin, provides drinking water to about five hundred (500,000) thousand, in the city of Iquitos, but no authority has been concerned about protecting it, or create awareness in the surrounding population There is similarly neglected in other Amazonian basin suffering from pollution of various kinds, the most critical being produced by exploitation of oil and gas.
Therefore, we propose to the Land Commission of Congress, the inclusion of an additional title in the draft Law No. 04141, to correct the current we think of others and damaging to our rights, which only pro-capitalist promote centralized approaches, in contravention of a warning is written in the biblical book of Ezekiel: "The president shall not take Village of the land, stripping it of its possession. "
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 Amazon peoples to this effect, add a title called promotional Development Indigenous Peoples, which includes, inter alia, the following modifications:
CONSIDER THIS LAW AND / OR LEGISLATIVE INITIATIVES IN OTHER PARALLEL TO SUPPORT THE FOLLOWING PROPOSALS
Article 1: Rights, obligations and general principles
proposals RIGHTS:
HEREDAD 1 .- establishes a fundamental principle that indigenous peoples are the inheritors of the Amazon territories and natural resources as much as belongs to the Peruvian state itself. the sense of indigenous heritage Property should be titled (direct inheritance) and ancestrally occupied (shared inheritance).
2 FAIR ACCESS TO NATURAL RESOURCES .- establishes a fundamental principle, fair access and controlled natural resources within and outside of territories entitled or not people Indians, 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.
3 COMPENSATION AND COMPENSATION .- Each community or ancestral people have rights to fair and adequate compensation and compensation for environmental damage to their lands and ancestral territories.
Article 55: Adoption and monitoring of management plans with CITES specimens
6 The State guarantees in a priority training communities to manage and conserve natural resources through a local training to ensure and technical assistance for sustainable use of natural resources which must be guaranteed by a financial institution in indigenous law.
Article 56: Management plans for extraction methods of small-scale community land
1 The Management plans should be simplified
Section 68: Permits forestry land native and rural communities
7 municipalities authorize the use of wood for rural housing programs and require management plans
82 .- internal legislation based on knowledge and practices
Add: "... and non-timber ..."
Article 95 .- Areas of wildlife management on private premises and properties of native or rural communities.
Add: "... be regulated according to the Communal Assembly proceedings ..."
Add the Title on Act or makes a parallel proposal binding:
TITLE V - DEVELOPING PROMOTIONAL FOR INDIGENOUS PEOPLES
SANITATION Article 1 .- LEGAL LAND .- The degree of communities must be part of the policy of State who is obliged to holder communities that request it, before proceeding to the forest or land concession in the Amazon.
Article 2 .- TAX BENEFITS FOR ENVIRONMENTAL SERVICES .- Destínese resources from tax benefits on account of tax refund to the creation of the Global Services Environmental communities, which are distributed through a regulation.
Article 3 .- CREASE THE INDIAN FOREST BANK .- Using capture mechanisms, annual carryover of public institutions, as is the case of unused funds, including the concepts coming from Executive Groups, the, to be deposited in the Forestry and Wildlife Indian Bank, to implement conservation programs, Development and Forest Plantations.
Article 4 .- SIMPLIFIED SELF-MANAGEMENT PLAN .- The Community Forest Management Plans must be simple and flexible, frameworks, organized and produced by communities and / or associations to which they belong, being enough georeferencing, for which it is approved, provided they are within titled lands on behalf of the respective communities, in the case of Conservation Areas, it is governed by the organized communities.
Article 5 .- RIGHT TO PROMOTIONAL FUNDS .- Indigenous communities have the right to promotional funds for implementation of ecotourism projects and conservation of flora and fauna, for this purpose, the Government must create the Promotional Fund of the Canon with a% coming from natural resource extraction.
Article 6 .- CREASE PROMOTIONAL OFFICE OF NATURAL RESOURCES FOR INDIGENOUS COMMUNITIES .- The one, must be composed of indigenous communities and federations, who make up a Directory Indian, which will among others, the advisory role, integrate, guide and correct the shortcomings of the law, to propose its further development shall for this purpose, research, consultation, statistics and evaluations in all stages of the process, access and use of natural resources to indigenous communities. Programs are needed to reward good management of resources can be an entity as the IIAP through a specific space.
Article 62 º: The committee opposes Loreto paragraph a of Article 62 º.
OTHER PROPOSALS:
• Promote a constitutional amendment for the constitution to recognize that indigenous communities are entitled to the subfloor.
• They argue that communities be compensated and compensated for the environmental impact on communities and the Amazon caused by extractive activities.
This consultation should be the beginning of a new way of making laws for people considering indigenous people as human beings with rights, as any Peruvian, wherever you are, everyone, culture and heritage that corresponds, therefore, the undersigned, endorse the proposal for justice to be done and we considered as legitimate heirs to our Amazon.
then sign COMMUNITY APPLICANTS:
