Case Studies

In a striking move against environmental conservation, Peru enacted Law 31973, which has significantly altered its Forest and Wildlife law, leading to increased deforestation and legal controversies. Passed hastily in December 2023, this law pardons all historical illegal deforestation for agriculture before January 2024 and dismantles future legal constraints, effectively opening up vast tracts of the Peruvian Amazon to unchecked agricultural expansion. This legislative change was influenced by powerful agricultural and business interests, notably the country’s main private business federation, CONFIEP, which lobbied intensely for these amendments.

The law’s enactment has sparked widespread domestic and international criticism for its potential environmental and human rights impacts, particularly on indigenous communities. These communities, who have seen 30 of their environmental defenders killed between 2010 and 2023, are at increased risk as their ancestral lands are threatened by expanding agricultural activities. Critics argue that the law not only contravenes Peru’s commitments under various international environmental agreements but also undermines the rights and protections for indigenous peoples.

Resistance to the law is growing, with various civil society groups, indigenous organisations, and regional governments calling for its repeal. They argue that the law was passed without proper consultation and violates both human rights and environmental protection statutes. The regional government of San Martín has even filed a claim of unconstitutionality against the law. Internationally, the law has raised concerns about Peru’s commitment to global forest conservation efforts, particularly in light of the upcoming European Union Deforestation Regulation set to take effect in December 2024.

Keywords: Latin America, Peru, agriculture, Indigenous rights violations, human rights violations, illegal deforestation

Source: https://newint.org/forests/2024/perus-anti-forest-law-rewards-crime-and-screws-planet

A joint investigation by InSight Crime and the Igarapé Institute has revealed that illegal timber harvesting is rampant in the forests of the Amazon’s tri-border regions, covering Peru, Brazil and Colombia. The investigation highlights how multinational networks target valuable hardwood species, falsifying logging and transport permits to legitimise the timber and export it. In order to further conceal the illicit activity, the timber may also be transported to places such as Leticia, Colombia, where traffickers are able to avoid certain taxes and controls. The scale of this illegal timber trafficking is extensive, with a 2012 World Bank report finding that about 80% of Peru’s timber is illegally extracted. Another aspect of this illegal trade is the exploitation of Indigenous community members by timber bosses, or "patrones,". The latter will promise jobs and earnings that almost always fail to materialise. For example, the Matsés Indigenous community entered into an agreement with timber patron Teodulfo Palomino Ludeña, who falsified documents and harvested excess timber, leading to fines and permits for the community. Timber brokers are also involved in laundering illegal timber, using their companies to legitimise illegal wood from the Amazon. 

Keywords: Latin America, Peru, timber, primary production, illegal logging, fraudulent documentation, tax evasion, illegal timber trade, Indigenous rights violations, money laundering

Sources:  https://insightcrime.org/investigations/beneath-surface-timber-trafficking-peru-colombia-brazil-border/