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Rules of Organization and Functions of the Ministry of Culture

Approves Regulations on Organization and Functions of the Ministry of Culture

SUPREME DECREE N º 001-2011-MC

THE PRESIDENT OF THE REPUBLIC


WHEREAS


That by Law No. 29565 created the Ministry of Culture as an Executive Branch agency with legal personality under public law, which statement is the State budget;


That, according to what is stated in the Act, the culture sector includes the Ministry of Culture, responsible entities , public organizations at national and other levels of government to carry out activities related to their field competition, including natural or legal persons performing activities relating to the cultural sector, and considered in its development to all the country's cultural events that reflect the multicultural and ethnic diversity;


That, as stated in 11 Law 29565, were attached to the Ministry of Culture the following agencies: National Institute of Culture, National Library of Peru, Radio and Television Institute of Peru, Academia Mayor de la Lengua Quechua, Archivo General de la Nación and the National Institute Development of Andean, Amazonian and Afro;


That by Decree Supremo N º 001-2010-MC amended by Supreme Decree N º 002-2010-MC, approved the merger at the Ministry of Culture of the following entities and bodies: National Institute of Culture, National Institute for the Development of Andean, Amazonian and Afro, Special Project of Chan Chan Archaeological Complex of the Ministry of Education Special Project Naylamp - Lambayeque the Ministry of Education Marcahuamachuco Implementation Unit of the Ministry of Education, National Council on Democratization of the Book and Reading Promotion - Ministry Promolibro Education, and National Film Board - CONACINE the Ministry of Education. As stated in these rules, the process of merging with the National Institute of Culture concluded on 30 September 2010, and other entities and bodies listed, 31 December 2010 so that after this process, a reference the institutions and bodies mentioned, shall be understood as the Ministry of Culture;


That, on the other hand, in accordance with the provisions of the Single Transitional Provision Supplementary Emergency Decree No. 066-2010, the Institute management documents National Culture is still valid and applicable in the Ministry of Culture, to the approval of the relevant documents to be management be approved under the current legislation;


That, as such, in the framework established by Law No. 29158, Organic Law of the Executive Branch, Law No. 27658, Framework Law for the Modernization of Public Management , and the Guidelines for the development and adoption of the Rules of Organization and Functions - ROF of institutions of public administration, approved by Supreme Decree N º 043-2006-PCM, has formulated the Rules of Organization and Functions - ROF Ministry Culture;


That document management will allow the Ministry of Culture implementing their action program areas which exercises its powers, functions and powers to achieve the objectives and goals of the State, as are the National Cultural Heritage, tangible and intangible cultural creation and contemporary performing arts, cultural management and cultural industries and ethnic and cultural diversity of the Nation, aimed at improving governance and building a democratic, decentralized and citizen service;


With the favorable opinion of the Ministry of Public Management Council Presidency Ministers through the Report No. 029-2011-PCM/SGP/RCC;


In exercise of the power conferred by paragraph 8) of Article 118 of the Constitution of Peru and in accordance with the provisions of Law No. 29158, Organic Law of the Executive Branch, Law N º 27658, Framework Law for the Modernization of the State management; Law No. 29565, Act creation of the Ministry of Culture, and Supreme Decree N º 043-2006-PCM, and


With the approval of the Council of Ministers;


DECREES:


Article 1 .- Approval of the Ministry of ROF Culture

To approve the Regulation on Organization and Functions of the Ministry of Culture, which consists of eighty-four (84) items, and one (1) Final supplementary provision, the text is an integral part hereof.


Article 2 .- Publication of the Ministry of Culture ROF

This Supreme Decree shall be published in the official gazette El Peruano. In addition, the Regulation on Organization and Functions - ROF of the Ministry of Culture approved by Article 1 above shall be published in the Portal of the Peruvian State (www.peru.gob.pe) and the Institutional Portal Ministry of Culture (www . mcultura.gob.pe), the day after the publication hereof.


Endorsement
Article 3 .- This Decree
Supreme will be endorsed by the Minister of Culture.


FINAL SUPPLEMENTARY


ROF First .- Implementation of the Ministry of Culture

is empowered the Ministry of Culture, by Ministerial Resolution, issue the additional provisions required for the proper implementation of the Rules of Organization Functions and approved in Article 1 hereof. Second


budget .- Effects

The application of the Rules of Organization and Functions of the Ministry of Culture statement subject to its institutional budget, without demanding additional resources to the Treasury. Third


ROF .- Validity of the Ministry of Culture

The Rules of Organization and Functions of the Ministry of Culture will take effect the day following its publication in institutional portals mentioned in Article 2 hereof.


Fourth .- Staff Allocation Table

The Ministry of Culture, will present its Staff Allocation Table (CAP) within a period not exceeding three (3) months from the entry into force of hereof.


Fifth .- Adoption of Competency Matrices

matrices distribution division of powers and functions of the Ministry of Culture, will be approved within a period not to exceed one hundred eighty (180) calendar days after approval hereof, based on guidelines established 003-2008-PCM/SGP Directive approved by Ministerial Resolution N º 188-2008-PCM and the provisions of Supreme Decree N º 049-2009-PCM.


Sixth .- Measures for Programs and Special Projects

In a period not exceeding ninety (90) calendar days after the adoption hereof, the Ministry of Culture will the necessary measures for programs and special projects office, including the Special Archaeological Project Caral-Supe, with the aim of giving them treatment appropriate organizational response to the temporary or permanent in their activities, incorporating, to be the case, the structure of the Ministry.


TRANSITIONAL PROVISION SUPPLEMENTARY Single
Public Prosecutors .- Public Bodies

The Office in the Ministry of Culture will assume the legal defense of public agencies assigned to this sector, while designating the respective Public Attorneys each of these entities. SUPPLEMENTARY PROVISION


REPEAL Repeal .- Single


Deróguese the Rules of Organization and Functions of the National Culture Institute, approved by Supreme Decree N º 017-2003-ED and its complementary regulations and amendments, and other documents management of similar nature of the institutions and bodies merged into the Ministry of Culture by Supreme Decree N º 001-2010-MC, as amended by Supreme Decree N º 002-2010-MC.

Given at Government House in Lima, on the thirteenth day of May two thousand and eleven.

Alan

Constitutional President of the Republic


JUAN OIOS ACUÑA
Minister of Culture

Desperately Seeking Maxine

3ABN Theological Hosts Symposium on the Seven Trumpets of Revelation 8, 9, and 10

few days ago we published a report on the SYMPOSIUM ON THE TRUMPET OF THE APOCALYPSE by Dr. Alberto Treiyer, who gave their views and findings. However, we report the official report of the same 3ABN, organizer of the event channel. You can use the translator if they do not speak English. May God bless and draw their own conclusions.

On Friday February 18, 2011 Three Angels Broadcasting Network hosted an intensive, three-day symposium focusing on the Bible "Seven Trumpets" of Revelation 8, 9, and 10. A number of Seventh-day Adventist Bible scholars, evangelists, pastors, lay Bible students, and 3ABN pastoral staff gathered in Studio B for this event, which was the brainchild of 3ABN program development director, Shelley Quinn. The idea grew out of concerns that she and production manager, C. A. Murray, shared with vice president, Mollie Steenson, regarding views on the trumpets that had aired on 3ABN.

As symposium moderator, Murray stated during the meetings that, “3ABN’s mandate to preach the undiluted three angels’ messages, along with our worldwide broadcast footprint, really demanded that we convene a meeting like this.” He even coined a new word for the occasion, calling the assembled leaders members of the “ecclesiarati” of the Seventh-day Adventist Church.

The challenge, as Quinn soon discovered, was to find a time when presenters—themselves busy men—could take time from their schedules to come to southern Illinois. A number of scholars and church leaders expressed a desire to attend but were unable, due to previous commitments. Those who were able to attend unanimously agreed that the frank, energetic, and occasionally high-spirited discussions were highly beneficial.

The presence of the Lord could be felt even during the most intense portions of the “Questions and Answers” period, lasting through Saturday afternoon and into Sunday morning. Presentations were made by Dr. Ranko Stefanovic, Chair of the Department of Religion and Biblical Languages and Professor of New Testament at the Seventh-day Adventist Seminary in Michigan; Dr. John Paulien, Dean of the School of Religion and Professor of Religion and Theological Studies at Loma Linda University in California; Pastors Alberto Treiyer; John Lomacang; and Ty Gibson, co-director of Light Bearers Ministry.

A second group was empanelled to listen to the presentations and ask questions on the materials presented. They included Dr. Jud Lake, Professor of Homiletics and Adventist Studies at Southern Adventist University in Tennessee; international evangelist, Ken Cox; Pastors John Stanton, Richard Lawson, and Chester Clark; as well as James Rafferty, co-director of Light Bearers Ministry; and Dr. Hugo Leon.

A third group composed of the 3ABN pastoral and administrative staff, area ministers, and interested laypersons were allowed to observe, but not ask questions.

Morning remarks were given by Murray and 3ABN president, Jim Gilley, who was joined in many of the meetings by ministry founder, Danny Shelton, and vice president, Mollie Steenson. Quinn also noted in her closing remarks that before she came to the Adventist faith, the churches she was involved in really didn’t deal with Revelation, and that she was particularly pleased for the opportunity to examine it in this type of setting.

The Seven Trumpets are considered by many scholars to be among the most difficult biblical passages to interpret, so it is little wonder that the symposium ended with no unanimous opinion. However, the consensus did affirm the historicist methodology, even though there were some differences among presenters as to some of the finer points within that position.

The Seventh-day Adventist Church has no official position on the Seven Trumpets, however, a number of presenters noted that the interpretive methodology most often affirmed by Adventist scholars, teachers, and students of the Word is the historicist method. Indeed, one attendee who had stated that he was a “total futurist” (placing the fulfillment of the prophecies sometime in the future, just prior to the Second Coming of Christ), proclaimed publically at the end of the conference that he had abandoned his beliefs, and was embracing the historicist model.

Attendees were asked to write their thoughts on the symposium, and they were not only effusive in their praise, but all wanted invitations to future events. Each provided names of fellow scholars, pastors, and laymen they felt could benefit by either making presentations or sitting on the panel. Plans are in the works for future symposiums.

Fuente:  http://news.3abn.org/?p=1637

Camel Toe Athlétisme 2010

Act whistleblower protection in the administrative field and effective cooperation in criminal matters

Supreme Decree approving the Regulations of the Law N º 29542, Law of whistleblower protection in the administrative field and effective collaboration criminal matters
SUPREME DECREE N º 038-2011-PCM

THE PRESIDENT OF THE REPUBLIC
WHEREAS
That by Law No. 29542, establishing the law of whistleblower protection in the administrative field and effective cooperation in the field criminal, which aims to protect and provide benefits for civil servants and public, or any city, sustained as to denounce the conduct of arbitrary or illegal acts occurring at any public entity and can be investigated or punished administratively;
That, pursuant to the provisions of the said Sole Disposition Power Device Executive shall issue the corresponding regulations;
That, by Ministerial Resolution N º 337-2010-PCM was the Working Group to propose the draft Regulation of the Law No. 29542;
In accordance with the provisions of paragraph 8 of Article 118 of the Political Constitution of Peru and the Law No. 29158, Organic Law of the Executive;
DECREES: Article 1 .- Approval
.
To approve the Regulations of the Law N º 29542, Law of whistleblower protection in the administrative field and effective cooperation in criminal matters, consisting of three (3) chapters, twelve (12) Articles and an annex entitled "Form file a complaint ", the texts are part hereof.
Article 2 .- Implementation Deadline
The Comptroller General of the Republic shall issue the necessary measures to implement the provisions of the Regulations approved by this device, within a maximum period of sixty (60) working days from the date thereof.
Article 3 .- Term
This Supreme Decree shall enter into force on the day following its publication in the official gazette, El Peruano. Article 3 .-
Endorsement.
This Supreme Decree shall be countersigned by the President of the Council of Ministers and Minister of Justice and the Minister of Labour and Employment Promotion.
Given at Government House in Lima, on the twentieth day of April, two thousand eleven. Alan

Constitutional President of the Republic
FIGUEROA ROSARIO DEL PILAR FERNÁNDEZ
President of the Council of Ministers and Minister
GARCIA MANUELA
Justice Cochagne
Minister of Labour and Employment Promotion

REGULATION OF THE WHISTLEBLOWER PROTECTION ACT IN THE ADMINISTRATIVE AREA OF COOPERATION AND EFFECTIVE IN THE CRIMINAL FIELD

CHAPTER I GENERAL PROVISIONS Article 1 .-

object This Regulation is to establish standards and procedures relating to measures to protect the officers and servants or any city, sustained as to denounce the conduct of arbitrary or illegal acts occurring at any public entity which contravene the laws in force and affect or endanger the public or public service.
Article 2 .- Definitions
In applying the provisions of Law N º 29542 - Law of whistleblower protection in the administrative field and effective cooperation in criminal matters, and these Regulations shall be taken into account the following Definition:

Law Act No. 29542 - whistleblower protection law in the administrative field and effective cooperation in criminal matters.
officer or public servant
Anyone serving in institutions of public administration in any of the hierarchy, as appointed recruited, appointed, or elected trust, regardless of the legal regime of the institution or the terms of employment or engagement to which it is subject. Acts
arbitrary
arbitrary fact is set when a server or public official, consciously and voluntarily done or omitted acts without the existence of objective and reasonable justification. Illegal Acts

illegal act is configured when by deed or omission, the server or a public official violates the regulations. Whistleblower
.- Someone who, having filed a complaint with the Comptroller General of the Republic, meets the requirements Article 7 of the Act .-
Denounced is anyone who provides services in the institutions of public administration in any of the hierarchy, as appointed, hired, appointed or elected trusted, no matter legal regime of the institution or the terms of employment or engagement to which is subject and is the subject of a complaint.
This definition also extends to former officials or former public servants. Partner
.-
is anyone who provides services in the institutions of public administration in any of the hierarchy, as appointed, hired, appointed, trusted or elected, regardless of the legal regime of the institution or the terms of employment, recruitment to which is attached, which provides assistance to the defendant to perform an act arbitrary or illegal.
Article 3 .- Scope
The protection under the Act amounts to a complainant to submit a report outlining the achievement of sustained arbitrary or illegal acts that occurred in any public entity in contravention of the laws in force and affect or put endanger the public or public service.
Article 4 .- Competition
The Comptroller General of the Republic, national level, receives and evaluates complaints regarding the purview of the National Control System.
If complaints that must be addressed by another agency, the Comptroller General's Office informs the complainant and the referrals to the competent authority, as appropriate.

CHAPTER II OF THE COMPLAINT
Article 5 .- Presentation of the report
The complaint is made in writing and may be submitted in person, mail or email, or other means, to the Comptroller General of the Republic national level, be treated in accordance with the provisions issued by this entity.
Article 6 .- Requirements the complaint.
For the purpose of proper processing, any complaint that is made must meet the following requirements:
a) The full names, address and, if applicable, telephone number and email address of the complainant, a copy of the document concerned identity. The complaint should not be anonymous origin;
b) The acts that complaints should be presented in a detailed and coherent, including identification of participants in the alleged facts indicating the information or attach documentation or other evidence to enable evaluation and, if you begin to determine their origin verification;
The acts complained of must not constitute business, or be the subject of controversy, subject to constitutional authority and / or other statutory agencies. It is considered among them to the facts contained in cases or investigations pending before the judiciary, Constitutional Court and other public institutions; ongoing disciplinary proceedings, complaints related to employment, claims and administrative costs of processing complaints by the poor care from public and / or violations in the procedures for external implementation of citizenship, as well as those relating to requirements or challenges to providers who do not base the existence of financial loss to the State procurement and contracting processes;
c) Relevant evidence is enclosed in single copy, or indicate the relevant evidence and site characteristics or location to access it,
d) The commitment of the complainant to remain available to the Comptroller General of the Republic, to provide clarification or more information available to any place;
e) Place and date, and
f) signature and fingerprint, as appropriate.
The failure of either of these requirements can be cured within ten (10) working days from receipt of the request made by the Comptroller General of the Republic. If not corrected within the period specified, we proceed to file the complaint.
Article 7 .- Format of the complaint.
Complaints can be made using the model of the Complaint Form attached as Annex is part of the Supreme Decree that approves the Regulation and is available on the website of the Comptroller General of the Republic (www.contraloria.gob.pe) or communication addressed to the Comptroller General of the Republic.
Article 8 .- Procedures.
The process of assessment and verification of allegations of jurisdiction of the Comptroller General of the Republic, is made accordance with the provisions issued by this entity.
Article 9 .- Reporting malicious
The one complaint with the Comptroller General of the Republic arbitrary or unlawful an act knowing that was not committed, or that simulates proof or evidence of the commission which may serve as a reason for administrative investigation process should be punishable by this entity with a fine not exceeding five (5) Tax Units (UIT) without prejudice to any civil or criminal liability that would place.
respective determining the penalty shall be taken into account the following criteria:
a) Background to the complainant;
b) Circumstances in which event occurred prompting the filing of the complaint;
c) Severity of the complaints are;
d) Misrepresentation of proof or evidence to support the employees' complaints;
e) The potential loss or damage caused to the complainant alleged,
f) intentional nature of the act or omission constituting the complaint;
g) direct or indirect benefit received by the complainant;
h) Conduct of the complainant in the investigation procedure;
i) Implementation of remedial or corrective measures to rectify the damage potential injury caused or alleged, and
j) Voluntary Declaration on the falsity of the imputation invoked.
In these cases, filed the investigation, the Comptroller General of the Republic referred the proceedings to the Attorney General for appropriate legal purposes.
In the case of malicious complaint filed by a citizen, the victim may exercise their rights under law.

CHAPTER III PROTECTIVE MEASURES
Article 10 .- The protection measures and benefits
Qualified the withdrawal by the corresponding instance, checking compliance with the requirements of Article 7 of this regulation, we proceed to give the complainant the following protective measures and benefits:
a) An identification code, and are prompted to confirm the postal or email address to which communications will be forwarded.
identity data contained in the complaint file will be replaced by the code assigned by setting the Comptroller General of the Republic of custody mechanisms of such information.
If as a result of evaluating the petition be invalidated, it will be communicated to the complainant and completion of protection under the law.
b) The prohibition of compulsory retirement, dismissal or removal set forth in subparagraph b) of Article 8 of the Act, makes it impossible to separate from service official or complainant as a result of the complaint of According to the Act and this Regulation, but does not weaken the power of disciplinary action for the commission of offenses and violations under the terms of employment or contracting that is applicable.
c) the entity will be required to renew the temporary contracts concluded with the complainant, provided that such decision is based on the lack of need by the Bank of the continued provision of such services and not as a result of complaint, to be the latter case, the complainant may lodge an appeal against the measure imposed on the Civil Service Tribunal.
d) The officer or servant dismissed, removed or removed from office as a result of the complaint, may file an appeal against the measure imposed, corresponding resolution to the Court of Civil Service within the scope of their authority under the rules of matter.
to the effect referred to in the preceding paragraph, the challenger must establish that it is within the scope of protection of the law, presenting directly to the Civil Service Tribunal for the evidence.
The resolution of the appeal, the Civil Service Tribunal will assess the circumstances that led to the dismissal, dismissal or removal in order to determine if between this measure and the complaint was causation.
e) When the worker complainant, regardless of the labor regime to which it belongs, is the subject of retaliation that materialize in any hostile acts included in Article 30 of the Consolidated Law of Productivity and Competitiveness Act, approved by Supreme Decree N º 003-97 - TR, is subject to the following procedure: i.
Brought to the attention of the Comptroller General of the Republic on type of act of hostility which has been targeted as well as the identification of the suspects, attaching to be the case, the evidence relevant.
ii. The Comptroller General of the Republic, after the relevant assessment, forward all such documentation the Ministry of Labour and Employment or, at the regional level, Regional Directorates of Labour and Employment Promotion of regional governments or in lieu thereof, within a maximum period of five (05) working days required the grant the requested protective measures.
iii. Inspecta Authority performs inspection performance within five (5) working days of receipt of the request by the competent authority.
iv. Inspecta Authority refers to the Comptroller General of the Republic, records or reports containing the results of the performance of inspection, within a maximum period of five (05) days of its completion. V.
The Comptroller General of the Republic received the relevant documentation and, if necessary, move it to the competent authorities for the determination of administrative responsibilities and the imposition of appropriate sanctions against serious misconduct incurred.
f) The complainant subject to the labor of private activity that is subject to acts of hostility as a result of the complaint, you can choose any of the measures provided for in Article 35 of the Consolidated Law of Productivity and Competitiveness approved by Supreme Decree N º 003-97-TR, without prejudice to inform the Comptroller General of the Republic such acts.
g) Where the complainant is a partner of the alleged facts, be given the gradual reduction of the administrative penalty, according to the degree of involvement in arbitrary or illegal acts, and taking into consideration the system of employment of labor or by virtue of office or role.
In these cases, the penalty shall be reduced taking into account the following criteria: i.
The damage caused to the public.
ii. The effect on the function or public service.
iii. The nature of tasks performed and the position and rank of partner.
iv. The benefit obtained by the partner. V.
Lack of administrative sanction.
h) Where the allegations that constitute offenses under the administrative rule and is punishable by fine, the complainant obtained as a reward up to fifty percent (50%) than it actually charged by the entity, which will be delivered directly the complainant. When determining the percentage of the fine deliverable in the proceedings brought by the complainant, shall assess, at least the following criteria: i.
Documentation and information provided by the complainant prior to contribute to the investigation of the allegations or to provide significant evidence for the determination of the complaint regarding infringement.
ii. Complainant collaboration demonstrated throughout the process of research conducted at the request of the competent authority
iii. Significance of the allegation, the same economic impact and magnitude of harm that had materially affected or are likely to affect the function or public service.
The Comptroller General of the Republic shall notify the entity the degree of involvement and importance of the information provided by the complainant, based on the criteria outlined in the preceding paragraphs, for purposes of determining the percentage of the reward.
article 11 .- Distribution Commitment
Holder each entity must comply with the obligations undertaken in Article 11 of the Act, ordering the General Secretariat of the entity or person acting in the dissemination of outcomes and the benefits the law under the Rules of Organization and Functions.
The Secretary General or the person acting in compliance will disseminate the Law and these Regulations. The omission of that broadcast will be liable to disciplinary or administrative functional administrative responsibility.
Article 12 .- Evidence of Commission of Crime
If as a result of the report of the Comptroller General's Office concluded that there is evidence of the commission of an offense, shall report the same to the Public Prosecutor for the purpose of initiating a tax investigation.
In this case, the complainant may rely on the Law N º 27378, Law Establishing Benefits for Effective Collaboration in the Field of Organized Crime, provided that they are connected with the commission of the offenses set out in Article 1 of that Act and is or is not subject to preliminary investigation or criminal proceedings, or is convicted of such crimes. Moreover, they apply to protective measures laid down in Act No. 27378 is necessary that the Prosecutor and, where appropriate, where there is open, the judge rationally appreciate a serious danger to the person, freedom or property of the person seeking to rely on themselves, their spouse or partner, or their ascendants, descendants or siblings.

ANNEX TO FILE A COMPLAINT FORM

DATE :__/__/__

1. NAMES OF RECURRENT:
........................................... .................................................. .......
DOC. IDENT: ... ... ... ... ... ... ...
ADDRESS: ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... ... ... ... ...
TEL: ... ... ... ... ... ... ... ... ... ... ...
EMAIL: ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... ... ... ... ... ... ....

2. CONTROLLED ENTITY IN
INCLUDING THE FACTS:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .... ... ... ... ....
Dist / Prov / Dept ... ... ... ... ... ... ... ... ... ... ... ....

3. NAME AND POSITION OF STAFF AND / OR INCLUDED IN THE SERVERS
FACTS
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

4. THE REPORT HAS BEEN SUBMITTED TO ANOTHER INSTANCE
or earlier?

IF (No. and date Exp) NO

a. Congress
b. Presidency of the Republic
c. D. Attorney General
E.
Judiciary F.
Ombudsman Institutional Control Authority
g. Comptroller General
h. Permanent Commission / Special Administrative Disciplinary Process
sector. I.
Other (specify)
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

Clarify what your state:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

5. ALLEGED IRREGULARITIES:

FACT # 1:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

Date on which the events occurred:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
If measurable, indicate the amount, indicating the source of information
:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. Tests
sustentatorias:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

FACT # 2:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
Date on which the events occurred:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
If measurable, indicate the amount, indicating the source of information
:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. Tests
sustentatorias:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

FACT # 3:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
Date on which the events occurred:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

If measurable, indicate the amount, indicating the source of information
:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... .. Tests
sustentatorias:
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..
... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ... ..

NOTE: By this I'm helpful
Control Body for clarification or expansion is required.


_________________ Signature and ID.

Tonsils Stay Swollen After Mono

Amends Supreme Decree N º 038-2001-AG, specifically Contracts Administration ANPs

Amendment to the Regulations of the Law of Natural Protected Areas, adopted by Supreme Decree N º 038-2001-AG, with regard to Contracts Administration

SUPREME DECREE N º 007-2011-MINAM

THE PRESIDENT OF THE REPUBLIC


WHEREAS


That Article 68 of the Constitution of Peru states that the State is obliged to promote the conservation of biodiversity and protected areas;


That Article 8 of the Law of Protected Natural Areas - Law No. 26834, and Article 3 of the Regulations approved by Supreme Decree N º 038-2001-AG, established the National Institute of Natural Resources (INRENA) is the governing body and competent authority of the National System of Protected Natural Areas (SINANPE)


That the Second Disposition Supplemental Final Legislative Decree No. 1013, provides for the establishment of the National Protected Areas by the State - SERNANP, as a public body technician with legal personality of public law, becoming budgetary sheet attached to the Ministry of Environment;


That the SERNANP is the governing body of the National System of Protected Natural Areas - State SINANPE and constitutes its technical and regulatory authority. Among its basic functions is to adopt rules and establish technical and administrative criteria and procedures for the establishment and management of Natural Areas Protected


That, under the right of participation in environmental management under Article III of the General Environmental Law - Law No. 28611, Article 17 of the Law of Protected Natural Areas - Law N º 26834 establishes that The State recognizes and promotes private sector participation in the management of protected areas, for which the INRENA, SERNANP today, you can subscribe or give, amongst others, Contracts Management;


That the subject of the Contract Administration is to contribute to more efficient management of protected areas, with the support of nonprofit legal entities of profit takers for it, a set of obligations expressly provided for in section 120 of the Rules of the Law of Natural Protected Areas, adopted by Supreme Decree N º 038-2001-AG;


That pursuant to the provisions Article 125 of the Regulation, Community Reserves have a special management regime which establishes guidelines for its administration and that are determined in terms of the respective Directors;


That the Rules of Organization and Functions SERNANP, approved by Supreme Decree N º 006-2008-MINAM provides in Article 3, paragraph j), which has among SERNANP their general duties, the granting of rights of use and development through grants, authorizations and permits or other mechanisms for activities inherent in the objectives and functions of the Protected Natural Areas National Administration. Likewise, article 23, in clauses m) n), established as functions of the Department of Management of Protected Natural Areas, facilitating participatory processes and management concepts and to promote the signing of concessions, contracts or agreements Management of Protected Natural Areas National Administration for the sustainable use of natural resources conservation and joint actions, respectively;


That, in order to adapt the existing regulatory framework on procurement management, an amendment of Chapter IV, Subchapter 1 of the Regulation of Natural Protected Areas Law, approved by Supreme Decree N º 038-2001 - AG, with the aim of having a standard that meets the new environmental institutional framework, particularly with regard to the aforementioned contracts;


In exercise of the powers conferred by paragraph 8) of Article 118 of the Constitution of Peru and Executive Organization Act, given by Law No. 29158.


DECREES: Article


1 .- Amendment of articles of the Regulation of Natural Protected Areas Law

Amend Articles 117, 118, 119, 120, 121, 122, 123, 124, 126, 127 and 128 of Subchapter I, Chapter IV of Regulation of Protected Natural Areas Act, approved by Supreme Decree N º 038-2001-AG, which are amended to read as follows:


General Provisions Article 117 .-


117.1. The SERNANP is the competent authority to grant and oversee the management contracts on behalf of the State Protected Natural Areas of national administration and to adopt amended or its resolution. 117.2


In a Natural Protected Area of \u200b\u200bnational administration, the SERNANP can, through a Management Agreement, to instruct a legal non-profit private law, individually or in association called Executor, the implementation of actions management and administration required to achieve specific results of the Master Plan priority.


management contracts are awarded for a minimum of five (5) and a maximum of twenty (20) years from the date of subscription. If awarded the contract period is less than twenty (20) years, the parties may extend that period by mutual agreement up to twenty (20) years, provided that it receives a favorable technical report and compliance SERNANP Management Committee. Terminating the Management Agreement, the Executor of a Servicing Agreement, may reapply to enter a new contest.


117.3 Where the Protected Natural Area does not have approved Master Plan or the Management Committee, the Management Agreement include a clause which requires the Executor to finance the preparation of the Master Plan and the establishment of the Management Committee, as appropriate. To apply the provisions the section h) of paragraph 24.3 of Article 24 hereof. The time allowed for preparing the Master Plan is included within the term of the Servicing Agreement. 117.4


The Protected Natural Areas in the Management Agreement SERNANP retains its powers of regulation and supervision of the Natural Protected Area Management and appropriate penalties.


The granting of rights for the exploitation of natural resources and for economic services in protected areas management contract is awarded by the state, according to the sectoral expertise. 117.5


are not subject to management contracts Protected Natural Areas have been declared by UNESCO as World Heritage Sites, according to the criteria approved by the Convention for the Protection of World Cultural and Natural Heritage.


117.6 Execution of Contract Management will be reviewed comprehensively every five (5) years, or whenever the Master Plan be revised or reformulated. The conclusion of this analysis may result in the termination of the contractual instrument.


Article 118 .- Conditions for Executing Contract Administration

To be Executing a Contract Management entity is required to be nonprofit, private law, with minimum experience of five (5) years in the achievement of results associated with the matter of the contract issues through cooperation agreements with the authority jurisdiction, the date for launching the respective tender, in addition to complying with those requirements established by the competent authority for granting the contract.


Article 119 .- The award of Contract Administration


119.1 Procedure for granting a Management Agreement in a Protected Natural Area SINANPE can be initiated automatically by SERNANP by convening a competitive basis, or at the request of a party. The process of management contracts is not in the cases under the Law of Contracts and Procurement.


119.2 The procedure for calling a merit competition begins with the formation, by the SERNANP, an Ad Hoc Committee responsible for approving the bases and drive up to the award process. The notice must be published in the official gazette El Peruano and in another newspaper circulating in the district where is located the Natural Protected Area.


119.3 The procedure to request hand, begins with the presentation an application for the institution concerned to SERNANP. To execute the request with the requirements of the SERNANP, published a summary of the application in the official gazette El Peruano and in another newspaper in the district where is located the Natural Protected Area. To be others interested in the Servicing Agreement requested, within thirty (30) calendar days after publication of the application, start a competitive basis among those stakeholders whose documentation are eligible to participate.


119.4 Should no other interest in the Servicing Agreement, or that people are disqualified for not meeting your request minimum requirements, the SERNANP can initiate a direct award procedure Servicing Agreement to the original applicant, forming an ad hoc committee to conduct the adjudication process if the applicant's proposal meets the minimum score required by the Terms of Reference concerned.


119.5 The result of merit competition or direct award procedure achieved by the Ad Hoc is formalized by the SERNANP.


Article 120 .- Obligations of executing the Contract


a) Comply with the guidelines established in the Master Plan, specific plans other instruments adopted by the SERNANP management as appropriate for the area, as well as specific tasks that are the subject of your Contract;


b) Managing financial resources allocated or to obtain the benefit of the area;


c) Promote the active participation of local populations in managing the Protected Area;


d) To provide facilities for conducting technical audits and accounting of its administration;


e) Develop Work Plan and Annual Budget coordination with the Head of Natural Protected Area Management Committee;


f) Inform the Head of the Protected Natural Area on the commission of infractions that violate the Natural Protected Area;


g) Develop and promote programs for the promotion and dissemination of protected areas;


h) Provide Monitoring Committees and Monitoring and Evaluation, all information that is required, according to the provisions of the relevant Servicing Agreement;


i) In the case of designation or construction of permanent infrastructure must meet the requirements of the SERNANP as appropriate;


j) Provide SERNANP, as appropriate, financial resources and / or materials necessary for the performance of their duties in relation to the Protected Natural Area in question in accordance with the terms of the Servicing Agreement and,


k) other specifying the Servicing Agreement, this Regulation and other relevant provisions.


Article 121 .- On the signing of contracts


121.1 Management Contracts are signed by the Head of SERNANP in the case of Protected Natural Areas SINANPE. The SERNANP as the competent authority granting Contract Administration should take the official record of each management contracts awarded. 121.2


management contracts include clauses that prevent the assignment of contractual position or novation.


Article 122 .- Failure in implementing the Servicing Agreement

Failure, severe or repeated, of the obligations assumed by the Executor by the Servicing Agreement, will result in the termination of the contract of right, without prejudice to legal actions.


Article 123 .-

Prevention Actions
123.1 The Executioner of the Contract Administration and their staff properly identified pursuant to Article IX of the Preliminary Title of the General Environmental Law - Law No. 28611, can perform the necessary actions to cooperate with authorities in prevention of environmental crimes or other administrative violations considered by the legal system as an infringement for the purposes and objectives of establishment of natural protected areas. 123.2


In this regard, has the powers and limitations set forth in Article 920 of the Civil Code and paragraph 4) of section 20 of the Code Criminal in terms of the distance, until the intervention of the instance called by law.


Article 124 .- Economic Resources


124.1 The Executioner of the Contract Administration SERNANP presents the annual budget of Protected Natural Area administered, reporting on the same funding sources. 124.2


economic resources allocated to the Protected Natural Area, as well as those generated by their management must be used exclusively for the benefit of the Protected Natural Area.


Article 126 .- The results of the Contracts Administration

126.1
Management Contracts should specify the result set ordered from the Executor, and the scope of protected natural area in which they are deployed.


126.2 The SERNANP can provide additional management contracts in a protected area if the clauses of the previous administration does not prevent it and as the fields or the results to be responsible for the new management contract do not conflict with previous contract. 126.3


For properties owned by individuals who are in a Natural Protected Area Management with an existing contract, the Executor must establish coordination mechanisms for those owners to exercise their right in line with the objectives of creating the area.


Article 127 .- The Monitoring Committee


127.1 With the entry into force of the Agreement of Natural Protected Area Management, setting up a Committee which monitors compliance with the commitments made by the Executor the SERNANP and members of the Management Committee in the Management Agreement or for a session of the Commission.


127.2 The Commission is composed of a representative of the Head of SERNANP, who presides with casting vote, the Chief of the Protected Natural Area Executor of the Contract and the Chairman of the Committee on Natural Protected Area Management. 127.3


For specific cases or issues, the Commission may invite to its meetings to specialists or organizations it considers necessary.


127.4 The Commission meets at least twice a year to review the quarterly and annual reports filed by the Executor, and proceed to track the activities taking place within the Natural Protected Area, for which the Executor provides the necessary facilities.


127.5 The detailed information delivered by the Executor, and analysis methodologies and monitoring, will be the subject of the Servicing Agreement. His duties are financed from the resources allocated by the executing agency for monitoring and tracking activities. 127.6


From their work, the Commission may recommend to SERNANP, modifications to the management contract signed.


Article 128 .- The Committee on Oversight and Assessment of Administrative Contracts


128.1 Monitoring, assessment of compliance with the objectives of management contracts corresponds to SERNANP. For this purpose the Head of the Tender issued for a resolution forming a committee Monitoring and Evaluation of Contract Administration.


128.2 The Monitoring and Evaluation Commission Contracts Administration issues an annual report of monitoring and evaluating implementation of the objectives of the Contracts of Directors and five (5) years makes a comprehensive evaluation of the results achieved by the Executing Contract Administration proposing the appropriate measures that assessment. This assessment also corresponds Executor whenever the Master Plan is updated. 128.3


conclusion as provided in the preceding paragraph may result in the resolution of the contractual instrument, according to the procedures established for that purpose. By Order of the Department of Management of Natural Protected Areas approved the Terms of Reference for the annual assessment and five year indicated.


128.4 The measures proposed by the Monitoring Committee, are evaluated by the Commission for Supervision and Administration Contract Evaluation and proposals as appropriate to the responsibilities of the various units that make up the SERNANP.


Article 2 .- Endorsement

This Supreme Decree shall be countersigned by the Minister of Environment.


SUPPLEMENTARY PROVISION


Single .- In the case of regional governments the implementation of this standard will be made according to its regulations as the competent authority in the field of Regional Conservation Areas.


Given at Government House in Lima, on the tenth day of May two thousand and eleven.


Alan
Constitutional President of the Republic


ANTONIO JOSE BRACK EGG
Environment Minister

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Rules of Procedure for the implementation of Law Indigenous Peoples Consultation for Energy Mining Activities

SUPREME DECREE N º 023-2011-EM

THE PRESIDENT OF THE REPUBLIC


WHEREAS


That on June 27, 1989, at its seventy-sixth meeting, the International Labour Organization - ILO adopted the International Convention 169 ILO, known as the Convention on Indigenous and Tribal Peoples in Independent Countries;


That the Convention No. 169 was approved by Congress through Legislative Resolution No. 26253, dated December 2, 1993, and ratified by Peru, on February 2, 1994;


That, in Judgement No. 05427-2009-PC/TC Constitutional Court, dated June 30, 2010, was ordered the Ministry of Energy and Mines, within the framework of its powers, issue special regulations to develop the right to consultation of indigenous peoples, for mining and energy, in accordance with the principles and rules set out in paragraphs 1, 2, Article 6, paragraph 2 of Article 15 of Convention No. 169 of the ILO;


That paragraph 1 of Article 6 of Convention No. 169 states that governments must consult the peoples concerned, through appropriate procedures and in particular through their representative institutions, whenever consideration is being given to legislative or administrative measures which may affect them directly; establish means by which these peoples can freely participate, to at least the same extent as other sectors of the population, at all levels in decision-making in elective institutions and administrative and other bodies responsible for policies and programs which concern them, and establish means for the full development of institutions and initiatives of indigenous peoples and in appropriate cases provide the resources necessary for that purpose;


That paragraph 2 of Article 6 of That Convention states that the consultations carried out under this Convention shall be undertaken in good faith and in a manner appropriate to circumstances, in order to reach an agreement or consent on the proposed measures


That paragraph 2 of Article 15 of Convention No. 169 states that the State has ownership of subsoil resources or rights to other resources pertaining to lands, before undertaking or permitting any exploration or exploitation of the resources on their lands, governments shall establish or maintain procedures to consult the peoples concerned, to determine whether interests would be prejudiced, and to what extent;


That, in that sense, it is necessary to regulate consultation process laid down in Convention No. 169 of the ILO, for administrative and policy measures for the mining and energy sector;


Pursuant to the Constitutional Court Judgement No. 05427-2009-PC/TC and Resolution No. 15, dated November 16, 2010, issued by the Special Court in Enforcement of Supranational;


DECREES:


Article 1 .- Adoption of the Rules of Procedure for the application of the law of Indigenous Peoples Consultation for Energy Mining Activities.

To approve the Rules of Procedure for the application Law of Indigenous Peoples Consultation for Mining Activities in Energy, which consists of three (03) titles, two (02) chapters, three (03) Sub Chapters Twenty-seven (27) Article s, four (04) Supplementary Provisions and two (02) Transitory Provisions.


Repeal Article 2 .-

Deróguese or let yourself be ineffective measures that are contrary to the provisions of this Regulation.


Article 3 .- Endorsement

This Supreme Decree shall be countersigned by the Minister of Energy and Mines.


Given at Government House in Lima, eleventh day of May, two thousand eleven.


Alan
Constitutional President of the Republic


Pedro Sánchez Gamarra
Minister of Energy and Mines

RULES OF PROCEDURE FOR THE APPLICATION OF REFERENCE FOR INDIGENOUS PEOPLES ENERGY MINING ACTIVITIES



TITLE I GENERAL PROVISIONS




Article 1 .- Scope of regulation.


1.1 This regulation aims to regulate the procedure for applying the law to the Consultation of indigenous energy for mining activities in accordance with the principles and rules set out in paragraphs 1 and 2 of Article 6, paragraph 2 of Article 15 of Convention No. 169 of the ILO.


1.2 The Ministry of Energy and Mines, PERUPETRO SA, INGEMMET, IPEN, OSINERGMIN and regional governments through the Regional Directorates of Energy and Mines or their equivalents in the field of powers transferred by the Energy Sector and Mines under the decentralization process, are entities of Energy and Mining Sector responsible for conducting and supervising the processes of consultation.


Article 2 .- Purpose of the Consultation.

The consultation aims to reach an agreement with indigenous peoples on mining and energy sector measures outlined in this regulation may affect them directly. To this end, the State must determine whether the interests of indigenous peoples would be affected directly and to what extent.


Article 3 .- Measures subject of the Consultation.

administrative measures and regulations are the Energy and Mines Advisory matter in the field of energy mining activities as follows: a.


Regulatory action.

That in which certain issues involving general legislation, in some points required to establish specific references to indigenous peoples, in which case, consult these specific points only if such change directly the legal situation of indigenous peoples.


b. Administrative Measure.

administrative act contains statements intended to produce legal effects on the interests, obligations and / or rights of the citizens and are capable of directly affecting indigenous peoples within a specific situation.


The administrative measures to be submitted to Consultation established in each sub-sector in this Regulation.


Article 4 .- Principles.


a. Good Faith

Both entities responsible for implementing the consultation process as representatives and representative institutions of indigenous peoples should be consulted to facilitate dialogue to develop the consultation process. Also, both sides should avoid attitudes or behaviors that seek to evasion of the agreement, interfere or omit to cooperate with the development or implementation of agreements on the subject of consultation as to avoid turn the lack of diligence in compliance with agreed. Practices should be excluded subtle, implicit or express that violate the consultation process, both by institutions that carry out the consultation process as representatives and representative institutions of indigenous peoples, or any other particular involved in the consultation process. The use of violence goes against this principle.


b. Flexibility.

The consultation process should be conducted in a manner appropriate to the circumstances, taking into account the existing diversity of indigenous peoples, the diversity of customs and its possible effect on their interests.


c. Transparency.

Everyone involved in the consultation process will participate responsibly providing the necessary information in a timely, continuous and accessible, using the language of the indigenous peoples in simple language, clear and culturally appropriate, and the media as needed so as to ensure real dialogue process. This principle applies to relationships between indigenous peoples, through their representative institutions and organizations responsible for implementing the consultation process.


d. Opportunity.

The consultation process should be carried out prior to making a decision regarding the administrative action or regulation. E.


Multiculturalism. Every relationship

developed between indigenous peoples, their representatives and representative institutions and public administration authorities must take place within the framework of the interaction between different cultures based on equality, cultural diversity, favoring respect, dialogue and consultation.


f. Representativeness.

indigenous peoples may be affected directly by implementing a certain extent, participate in the consultation process, through their elected representatives in accordance with its internal procedures.


Article 5 .- Recipients or recipients of the consultation process.


5.1 In the case of regulatory measures, the process of consultation was indigenous organizations representing national, duly accredited to the Ministry of Culture.


5.2 In the case of administrative action, the process of consultation shall be the representative institutions of each indigenous people likely to be affected directly elected according to custom, duly accredited by the Ministry of Culture.


Article 6 .- Responsible for the implementation of the consultation process.

In the case of administrative measures likely to affect indigenous peoples, the Ministry of Energy and Mines, PERUPETRO INGEMMET, IPEN, OSINERGMIN or regional governments, through the Regional Directorates of Energy and Mines or their equivalents in the field of powers transferred by the Energy and Mining Sector in the framework of the decentralization, as appropriate, will be responsible for carrying out the procedure for consultation. In the case of policy measures which may directly affect indigenous peoples, the various bureaus of the Ministry of Energy and Mines, as applicable, will be responsible for carrying out the procedure for consultation.


Article 7 .- Evaluation of measures administrative or policy.

entities responsible for carrying out the process of consultation, should assess whether administrative or policy measures to be adopted are likely to directly affect indigenous peoples, describing whether or not a process of consultation on measures that planned to be made.


is considered that the administrative action or legislation will directly affect indigenous peoples when produced, among others, changes their identity, culture or rights over land they inhabit.




TITLE II OF THE CONSULTATION PROCESS



Article 8 .- Planning Consultation process.

planning consultation process is applicable to the measures referred to in Article 3 of this Regulation. The entity that directs the proceedings, assess whether the measure adopted is likely to affect indigenous peoples directly. Conclude that it is, that entity will be responsible for implementing the consultation process, for which it must fulfill the following:


Report indigenous peoples may be affected directly. In the case of regulatory measures should be addressed to indigenous organizations representing national character. In the case of administrative measures should be addressed to the institutions representative of each indigenous people likely to be affected directly, duly elected according to custom. In either case, the representation must be accredited by the Ministry of Culture.


Plan Consultation process, considering the language and customs of indigenous peoples to be consulted, specifically defining the extent of the consultation and how this would directly affect the rights or interests of indigenous peoples.


Article 9 .- The consultation process itself.

The process applies to the measures referred to in Article 3 of this Regulation is:


a. The entity responsible, after the above completed in the previous article, it shall timely and accessible information in a transparent way, using culturally appropriate methods and procedures on the extent to representatives of indigenous peoples. These institutions have a period of twenty (20) days to evaluate the implications of the measure that directly affect indigenous peoples.


b. Completed the previous term, the entity responsible for the consultation process convened representatives of indigenous peoples to initiate the dialogue process as regards consultation, this process will have a term maximum duration of twenty (20) days.


c. As a result of the Act set up a dialogue which will be signed by the representative of the entity responsible for the consultation process and representatives of indigenous peoples and terminated the consultation process.


d. If no agreement is reached, the entity responsible for carrying out the consultation process will be terminated the first phase of dialogue. To this end, shall be recorded in the minutes of the matters on which there is agreement and disagreement. This Act shall be signed by the representatives of the entity responsible for the process and the representatives of representative institutions of indigenous peoples. E.


The entity responsible for implementing the consultation process shall, within a period not exceeding six (06) working days from the date of completion of the first phase, a second phase of dialogue, for which they apply the same procedures and deadlines for the first phase outlined above. Similarly, the agreements that contain arrives at a second Act, which will be signed by the representative of the entity responsible for the consultation process and representatives of the institutions representing indigenous peoples, and terminated the process.


f. If despite the efforts of the parties is not reached agreement, the entity proposing the measure, may issue or withdraw from it. If delivery of the measure, the measure must be encouraged to include in its preamble or in the preamble, the analysis of the outcome of the consultation process within the framework of Convention No. 169 of the ILO and the Political Constitution of Peru, taking , as appropriate, requests and comments expressed by the representatives of the institutions representing the indigenous peoples during the consultation process.


Article 10 .- Decision.

The entity responsible for implementing the Consultation process, depending on the level of harm that could result in the measure will evaluate its decision to adopt, adapt or abandon it, considering its importance to the national interest and sustainable development. It must also base its decision on an act motivated to include in its preamble or in the preamble, the analysis of the outcome of the consultation process, the contents of the Minutes of Consultation in the framework of Convention No. 169 of the ILO and Political Constitution of Peru.


Entity responsible for implementing the consultation process must inform the representatives of indigenous peoples to the decision.


Article 11 .- Suspension of the consultation process.

If during the consultation process are not available for the performance guarantees of dialogue between the parties nor has the proper security, the entity responsible for implementing the consultation can suspend the execution of acts contained in Article 9, and terminated the first phase of dialogue. To this end, the person responsible shall issue a reasoned report on the facts or circumstances giving rise to the suspension of the process.


The suspension of the process referred to above will not relieve the obligation the entity responsible for implementing the second phase of the consultation process.


Article 12 .- Failure to carry out the consultation process.


12.1 In case there is no willingness on the part of representatives of indigenous peoples and / or institutions representing indigenous peoples in order to carry out the consultation process, the entity responsible for executing this process, then a period of ten (10) business days suspended the process, these representatives reconvene and institutions to resume the dialogue process on the administrative action or legislation for consultation.


12.2 In the event persists refusal of representatives of indigenous peoples and / or institutions representing indigenous peoples for the achievement of the dialogue, the entity proposing the administrative action or legislation will close the consultation process. 12.3


Then, the entity proposing the legislation or administrative action or assess the appropriateness of adopting such a measure, can adopt or abandon it.


12.4 In case the entity proposing the administrative action or regulation adopted or approved the measure, it shall inform the representatives of indigenous peoples or institutions representing indigenous peoples as or administrative rules adopted.


Article 13 .- The participation of facilitators, interpreters and advisers in the process of consultation.

The entity responsible for implementing the consultation can call trained facilitators and interpreters, in agreement with representatives of indigenous peoples or institutions representing indigenous peoples.


representative institutions of indigenous peoples may have advisors during the consultation process. In any case, these advisers will have powers of representation.





TITLE III SECTORAL IMPLEMENTATION OF THE CONSULTATION PROCESS


CHAPTER 1


MINING SECTOR


Article 14 .- Administrative Measures concerning Consultation on the Sub-Sector Minero.

Administrative measures regarding consultation are: the granting of mining concessions, benefit concessions, general labor and mining transport, which may directly affect indigenous peoples.


The consultation process was carried out in accordance with the rules and procedures set out in Parts I and II of this Regulation.


Article 15 .- The granting of mining concessions.

The natural person or legal entity, as provided by Article 118 of Supreme Decree No. 014-92-MEM, TUO of the General Mining Law, order the grant of one or more concessions in the area of \u200b\u200bwhich there one or more indigenous peoples, shall submit its request for additional request to the Regional Government INGEMMET or for the "Project Background" whose contents will be approved by Ministerial Resolution of Energy and Mining Sector.


Exceptionally, the INGEMMET or the relevant Regional Government may determine the accumulation of the consultation process regarding several mining petitions of one or more petitioners, provided that the indigenous people likely to be affected is the same.


Article 16 .- In the "Basics of Project" and the granting of the Mining Concession.


16.1 The petitioner shall have up to (01) year from the date of the request asked for the presentation of the "Basic Information Project." Upon receipt of this document, the Regional Government INGEMMET or after checking for compliance with the requirements that must contain the basic information of the project, initiate the consultation process en aplicación de lo establecido en los Títulos I y II del presente Reglamento.


16.2 Una vez concluido el proceso de Consulta, el INGEMMET o el Gobierno Regional correspondiente, emitirá el acto administrativo otorgando o denegando la(s) concesión(es) solicitada(s). Dicho acto deberá ser motivado, incluyendo en su parte considerativa o en su exposición de motivos, el análisis del resultado del proceso de Consulta y del contenido del Acta de Consulta, en el marco del Convenio Nº 169 de la OIT y de la Constitución Política del Perú.


16.3 En caso el peticionario no cumpliera con presentar la “Información básica del Proyecto” en el plazo establecido in section 16.1 of this Article, the INGEMMET or the relevant Regional Government, declared abandoned the procedure and the free area as reported respondent.


Article 17 .- In awarding benefits, Labor and Transportation General Mining.

will be carried out a consultation process prior to awarding concessions for profit, general labor and mining transport if: a.


Existed in the area requesting any of the aforementioned awards one or more indigenous peoples and,


b. The location of any of the aforementioned concessions were inside a mining concession that has not been approved after a process of consultation, and / or c.


The concessions referred to above are to be developed in areas that have not been the subject of prior consultation process.


Once the consultation process, the Directorate General of Mines issued the administrative act granting or refusing the grant requested. This act must be motivated to include in its preamble and in its preamble, the analysis of the outcome of the consultation process and content of the Minutes of Consultation in the framework of Convention No. 169 of the ILO and the Constitution of Peru . CHAPTER


2 ENERGY SECTOR





Subchapter 1: ELECTRICITY


Article 18 .- Administrative Measures concerning Consultation on the Electricity Subsector.

administrative measures are likely to directly affect indigenous peoples and, therefore, subject to consultation: the granting of temporary and permanent concessions of power generation and transmission as well as granting permission for thermoelectric power generation.


The consultation process was carried out in accordance with the rules and procedures set out in Parts I and II of this Regulation.


Article 19 .- Opportunity consultation process regarding the granting of concessions and authorizations Power.


19.1 If in the area of \u200b\u200ba power generation project, you will find one or more indigenous peoples, the natural person or legal entity must apply for a temporary grant of pre-grant so final. The granting of the concession period is subject to the process of consultation to be carried out by the Directorate General of Electricity.


If temporary concession had been the subject of consultation and include the same areas as the final grant, the grant the latter does not require consultation process.


19.2 If in the area of \u200b\u200ba power transmission project, you will find one or more indigenous peoples, the provision of electricity transmission concession is subject to the process of consultation to be carried out by the Directorate General of Electricity.


If the temporary grant of power transmission have been the subject of consultation and include the same areas as the final transmission concession, granting the latter does not require consultation process.


19.3 If in the area of \u200b\u200bthermal power generation project, you will find one or more indigenous peoples, the granting of authorization shall be subject to thermal generation process of consultation to be carried out by the Directorate General of Electricity.


19.4 In the case of power projects that the Ministry of Energy and Mines PROINVERSIÓN instruct the Directorate General of Electricity will make the process of consultation before the grant of power law for which will have the necessary technical information project for the consultation process. 19.5


Once the consultation process, the Ministry of Energy and Mines issued the administrative act granting granting or denying the request. This act must be motivated by taking into account the outcome of the consultation process.


SUBCHAPTER 2: GEOTERMIA


Article 20 .- Administrative Measures concerning Consultation for the granting of authorizations Geothermal.

administrative measures are subject to consultation, the granting of permission for geothermal exploration and geothermal grant, which may directly affect indigenous peoples.


The consultation process was carried out in accordance with the rules and procedures set out in Parts I and II of this Regulation.


Article 21 .- The process of consultation for Geothermal Exploration Permit.

If the area applied for geothermal exploration, we find one or more indigenous peoples, the granting of exploration approval is subject to the consultation process undertaken by the Directorate General of Electricity.


Article 22 .- The consultation process for the approval of geothermal.


22.1 is carried out the consultation process prior to awarding concessions for geothermal exploitation in the area if there is one or more people required Indians. 22.2


Once the consultation process, the Directorate General of Electricity shall issue the administrative act granting or refusing the grant requested. This act must be motivated by taking into account the outcome of the consultation process.


22.3 In case the area applied for had undergone a consultation process for geothermal exploration and include the same areas as geothermal granting the order for the latter does not require consultation process.


SUBCHAPTER 3: OIL


Article 23 .- Administrative Measures concerning Consultation in Subsector Hydrocarbons

are administrative measures concerning consultation process prior to the signing of the contracts referred to Article 10 of Supreme Decree N º 042-2005-EM Consolidated Amended Text of the Organic Hydrocarbons Law, the granting of concessions for transport and distribution of hydrocarbons through a pipeline network, and permits for the installation of processing plants and oil refining, which may directly affect indigenous peoples.


The consultation process was carried out in accordance with the rules and procedures set out in Parts I and II of this Regulation. Article


24 .- Opportunity Consultation process for the process leading to the signing of the contracts referred to Article 10 of Supreme Decree N º 042-2005-EM.

Prior to the signing of the Contract for Exploration and Exploitation or Exploitation applicable, as established by Supreme Decree N º 042-2005-EM Consolidated Amended Text of the Organic Law of Hydrocarbons, PERUPETRO, will perform Consultation process in accordance with those reported in Parts I and II of this Regulation, if the area subject of the contract to be signed directly affects one or more indigenous peoples.


The result of the process Consultation should be sent to the Ministry of Energy and Mines prior to the issuance of Presidential Decree authorizing the signing of the contract concerned.


Article 25 .- In the concessions for the transport and distribution of hydrocarbons through a pipeline network.

For purposes of the provisions of Article 76 and following the Supreme Decree N º 042-2005-EM Consolidated Amended Text of the Organic Hydrocarbons Law, the Directorate General of Hydrocarbons, prior to awarding concessions for the transportation and distribution oil through a pipeline network, will carry out the consultation process in accordance with those reported in Parts I and II Regulation, provided that the administrative measure is likely to directly affect indigenous peoples.


If the subject area of \u200b\u200bapplication for transport and distribution of hydrocarbons through a pipeline network, had been the subject of a consultation process prior to the application, the grant award will not require consultation process.


Article 26 .- In the Permissions for the installation of processing plants and Oil Refining.

For purposes of the provisions of Article 74 of Supreme Decree N º 042-2005-EM Consolidated Amended Text of the Organic Law of Hydrocarbons, the OSINERGMIN prior to the issuance of the Technical Report of Favorable for installation and processing plants of oil refining, should carry out the consultation process in accordance with those reported in Parts I and II of this Regulation, provided that is capable of directly affect indigenous peoples.


If the subject area authorization application for the installation of processing plants and oil refinery, had been the subject of a consultation process prior to the application, the latter does not require consultation process.


Article 27 .- Transport and Distribution Hydrocarbons through a pipeline network managers to PROINVERSIÓN.

In the case of transport projects and distribution of hydrocarbons through a pipeline network whose process of investment promotion commission the Ministry of Energy and Mines PROINVERSIÓN, the Directorate General of Hydrocarbons will make the process of consultation before the grant of the grant or authorization, for which will be the project's technical information necessary for the consultation process, whenever that might affect indigenous peoples directly.


If the area for the grant of transmission and distribution network hydrocarbon pipeline, had been the subject of a consultation process prior to the application, the grant award will not require consultation process.


SUPPLEMENTARY


First .- The General Office of Social Management of the Ministry of Energy and Mines may be called by the entity responsible for carrying out the consultation process as a technical advisory body in this process .


Second .- The Ministry of Energy and Mines may report the results of the consultation process to state agencies associated with energy mining activities.


Third .- If no procedural or vacuum is applied in addition to the rules of participation for each subsector.


Fourth .- The amendments and additional provisions of this Regulation shall be subject to the consultation process as set out in Parts I and II of this Regulation.


TRANSITIONAL


First .- administrative proceedings commenced before the effective date of this rule shall be governed by participation rules in force at that time.


For Second .- Ministerial Resolution setting out the measures relating to the provisions of this Regulation.

Letter To Disconnect Service

RIGHT TO APPROVE REGULATIONS OF THE CONSULTATION ON INDIGENOUS PEOPLES ENERGY MINING ACTIVITIES

In accordance with the principles and rules of the Convention 169 of ILO
The Ministry of Energy and Mines (MEM) approved the Rules of Procedure for the implementation of the right to consult with Indigenous Peoples for activities energy mining, in accordance with the principles and rules set out in paragraphs 1 and 2 of Article 6 and paragraph 2 of Article 15 of Convention No. 169 of the International Labour Organization (ILO).

Supreme Decree N º 023-2011-EM published today in the official gazette El Peruano, said that the regulation is given in compliance with the Constitutional Court Judgement No. 05427-2009-PC/TC, which provided for regulating the procedure for applying the law of the Consultation on energy mining activities.

In this regard, the legal mandate, it refers to paragraph 1 of Article 6 of Convention No. 169 which states that governments must consult the peoples concerned, through appropriate procedures and in particular through their representative institutions, whenever being given to legislative or administrative measures which may affect them directly.

(should) establish means through which these peoples can freely participate, to at least the same extent as other sectors of the population, at all levels in decision-making in elective institutions and administrative and other bodies responsible for policies and programs affecting them, and establish means for the full development of institutions and initiatives of indigenous peoples, and in appropriate cases provide the resources necessary for that purpose, "the numeral 1 of article 6.

Item 2 of Article 6 of that Convention No. 169 states that the consultations carried out under this Convention shall be undertaken in good faith and in a manner appropriate to the circumstances, with the aim of reaching an agreement or consent on the proposed measures.

While paragraph 2 of article 15 of that Convention states, the state having ownership of subsurface resources or rights to other resources pertaining to lands, before undertaking or permitting any exploration or exploitation of resources pertaining to their lands, governments shall establish or maintain procedures to consult the peoples concerned, to determine whether the interests of these people would be affected and to what extent.

In this regard, according to the Decree Supreme was necessary to regulate the consultation process laid down in Convention No. 169 of the ILO, for administrative and policy measures for the mining and energy sector, in compliance with the Constitutional Court ruling No. 05427-2009-PC/TC and Resolution No. 15 of November 16, 2010, issued by the Special Court in Enforcement of Supranational.

The Rules of Procedure for the application of the law of Indigenous Peoples Consultation for Mining Activities in Energy, has approved three (03) titles, two (02) chapters, three (03) Sub Chapters Twenty-seven (27) Articles four (04) Provisions Complementary and two (02) Transitory Provisions.

Supreme Decree that bears the signatures of President Alan Garcia and Minister of Energy Pedro Sanchez, states that the entities responsible for carrying out the consultation process are state institutions mining and energy sector, led by the Ministry of Energy and Mines, the governing body energy mining policy, PERUPETRO SA, INGEMMET, IPEN, OSINERGMIN and regional governments, through the Regional Directorates of Energy and Mines.

San Borja, 12 May 2011

NP.
198-11
http://www.minem.gob.pe/descripcion.php?idSector=1&idTitular=3378