Livinging in Peru

The Executive Branch published yesterday a legislative decree that establishes the sanctioning regime for non-compliance with the provisions established in the Law for the protection of indigenous or native people in a situation of isolation and in a situation of initial contact.

According to Gesitón, the provisions established by the sanctioning regime are applicable to any natural or legal person, public or private, that violates this law.

The regulation established nine administrative infractions that will be sanctioned by the Ministry of Culture, and these are:

  1. Entering the territorial reserves or indigenous reserves without having the authorization issued by the Ministry of Culture;
  2. Carrying out activities for the exploitation of natural resources within the territorial reserves or indigenous reserves for reasons other than public necessity or for subsistence purposes;
  3. Establishing settlements within the Territorial Reserves or Indigenous Reserves other than those of the PIACI (Pueblos Indígenas en Aislamiento y Contacto Inicial);
  4. Carrying out activities for the construction of road infrastructure or communications in Territorial or Indigenous Reserve;
  5. Failing to comply with the Contingency Plan for the protection of the PIACI, in the cases in which the regulations require it;
  6. Failing to comply with the protocol of action for the current PIACIs or other regulations and / or mandatory compliance provisions issued by the Ministry of Culture with the aim of safeguarding the rights to life and health of the PIACI;
  7. Failing to comply with the health provisions applicable to the PIACI approved by the Ministry of Health;
  8. Making forced contacts with the PIACI;
  9. Others established in the regulation of this standard.

The Ministry of Culture will impose the corresponding sanctions established for the commission of one or more of the infractions listed above.

“The infractions established in legislative decree can be classified as minor, serious or very serious, depending on the degree of affectation and non-compliance with the regulations and obligations”, you can read in Gestión, who also informed that in the case of a fine, it could reach up to 4.15 million Soles.