Constitutional Compliance proceeding, about Peruvian Climate Change Law

Instituto de Defensa Legal del Ambiente y el Desarrollo Sostenible del Perú (IDLADS Peru) initiated legal proceedings on August 14, 2023, urging the Ministry of the Environment (MINAM) to adhere to the Sixteenth Final Complementary Provision of the Regulations of Law No. 30754. This provision mandates that within a maximum of one hundred and eighty (180) business days following its enactment, MINAM, in collaboration with Indigenous or Aboriginal communities, must present to the Executive Branch a blueprint for a guarantee fund, with a special focus on prioritizing the interests of Indigenous or native peoples. In a letter dated July 26, 2023, IDLADS formally requested MINAM comply with this legal obligation. After more than ten working days passed without a response from the authority, IDLADS proceeded with the filing of the present action. This action was taken to compel the Ministry of the Environment to fulfill its obligation as stipulated by the aforementioned regulation, considering that the specified time frame had lapsed. In November 2023, a ruling was issued, compelling MINAM to present to the Executive Branch the design of a guarantee fund, with a clear emphasis on prioritizing the interests of indigenous or native peoples. This directive was issued within the Fifth Final Complementary Provision of the Peruvian Climate Change Framework Law (LMCC) framework.