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Constitutional Compliance proceeding, about Peruvian Climate Change Law - decision

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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.

Constitutional Compliance proceeding, about Peruvian Climate Change Law

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

Social and cultural groups that share collective ancestral ties to the lands and natural resources where they live, occupy or from which they have been displaced

People with different national or cultural traditions from the dominant population

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Climate change impacts our society by disrupting the natural, economic and social systems we depend on. Physical hazards and underlying vulnerabilities can lead to increased resource competition for food and water, which can heighten the risk of conflict.

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Constitutional Compliance proceeding, about Peruvian Climate Change Law - decision

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Economic sector

Adaptation/resilience

Finance