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
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
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