ENVIRONMENTAL GOVERNANCE IN PERU

German Vera
Paper presented for the University of Joensuu-UNEP Course on International Environmental Law/Making and Diplomacy 2009



Content

1. Introduction

2. History

3. Environmental governance in Peru

4. Political approaches to environmental problems in Peru: Climate Change and Biodiversity

5. Conclusions




1. Introduction[1]

This document has been prepared to discuss environmental governance in Peru. The paper will study the current situation of the environmental management in Peru (during 2008 and 2009) and relate it to the actual trends in international environmental law.

2. History

Peru is a medium size country in South America. It has now around 29 million inhabitants.
Peru is composed by three natural regions: the coast, the highlands and the tropical forest.
Peru share borders with Ecuador, Colombia, Brazil, Bolivia and Chile.
Regionally Peru belongs to the “Andean Community” also with Colombia, Bolivia and Ecuador.
It is also member of the Organization of American States (OAS).
Globally Peru is a member of the United Nations since 1945.

In relation to its political governance Peru is a Republic.
Peru has have democratic governments since 1980.
The government has an executive, legislative and judiciary branch.

3. Environmental Governance in Peru

The most recent development in Peruvian environmental policy was the creation, last year, of the Ministry of Environment.
It was created on May 13, 2008. According to its law of creation, the Ministry has as function to oversee the environmental sector of Peru, with the authority to design, establish, and execute government policies concerning the environment.
The first minister of this ministry is the well-known Peruvian ecologist Antonio Brack Egg.
Peru is part of the UN Climate Change Convention and of the Kyoto Protocol.
Likewise, is part of the UN CBD and the Protocol on Biosafety.

4. Political approaches to environmental problems in Peru: Climate Change and Biodiversity

Climate change is a huge problem in Peru due to its rich biodiversity. The well-known Tyndall Institute of London has indicated that Peru will be the third country in the world to be affected by the terrible consequences of global warming. In this respect, the main problem of Peru is the melting of its glaciers. That can put water security of Peruvian population at risk.
Another environmental problem, discussed last year, was the possibility to allow the entering of the GMO’s into Peru [2].
Considering that Peru is part of a Free Trade Agreement with the United States, some scholars have suggested that this agreement could allow the free entrance of GMO’s into Peru. This could probably pose a menace to the health of Peruvian people.
Currently Peru, like European countries, is passing national legislation to label every product imported from foreign countries in order to alert about the components of any imported product.

5. Conclusions

Last year European and Latin American Presidents met in Peru during the “Latin American-European countries Summit”. During that Summit they committed together to fight against the menaces for the global environment. They proposed to make efforts to promote reforestation and improve the carbon trading system to cut greenhouse gasses that contribute to climate change. Peru's vast Amazon rainforest plays an important role helping to combat climate change by absorbing carbon. Peru proposed during the Summit to create a global reforestation fund financed by a tax on fossil fuels.

It is not a secret that Peru is a major mineral producer (i.e. copper), and some companies working in the country opposed the creation of the new ministry, arguing that the new agency would discourage new investment in mines of copper, zinc and gold mines.

According to European sources, environmentalists in Peru strongly support the creation of the Ministry. The German and other European governments have given some additional funding for the proper functioning of the Ministry.



[1] The opinions expressed in this paper are solely of the author and does not reflect the views of any institution of Peru.
www.germanveraesquivel.blogspot.com
[2] An independent opinion for this problem can be found in the article of Inti Montenegro de Wit: “FTA means deeper poverty in Peru”. In: http://www.biosafety-info.net/bioart.php?bid=417&ac=st
The author does not agree necessarily with the opinions expressed in the already mentioned article:
“The FTA and GMO’s
an issue that has received less attention is the implications of the FTA for the entry of genetically modified organisms (GMO’s) into Peru. Consumers around the world, particularly in the European Union and Japan, have adamantly rejected GMO’s which pose potential dangers to the environment and human health. Meanwhile, agricultural biotechnology companies are eager to enter new markets.
Peru is the fourth most biodiverse country in the world and is the center of origin of the potato. If allowed to enter Peru, GMO’s could endanger diverse native crop varieties including potato, yucca, tomato, and corn, as well as those of industrial importance like cotton, all of which are currently subject to genetic engineering in the US. The cultures and livelihoods of over 6 million indigenous subsistence farmers in Peru’s rural highlands depend on healthy native crops and ecosystems. Of course, the consumption of GM foods could endanger the health of all Peruvians, rich and poor.
Peru has signed and ratified the Biosafety Protocol, an international agreement which gives countries the option of banning imports of GMO’s. However, the US-Peru FTA, by synchronizing Peru’s sanitary and phytosanitary regulatory measures with those in the US, implies the deregulation of GMO’s. Furthermore, since the US is not a signatory to the Protocol, it is under no obligation to adhere to labeling and other “biosafety measures” required by the agreement. Along with the FTA, the only legal catalyst needed for GMO’s to flood into Peru is national legislation outdating Peru’s weakly-implemented 1999 “Law for the Prevention of Risks from the Use of Biotechnology” which stresses the risks of GMO’s and how to prevent them.”

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