The Peruvian Constitutional Tribunal is asked to review the constitutionality of the legislative decree No 994 which promotes private investments in irrigation projects to improve agricultural capacities through the irrigation of “unproductive” lands.

Opponents of the legislative decree argue that it violates the rights for indigenes to be consulted and informed in accordance with the convention 169 of the International Labour Organisation on indigenous and tribal peoples and the UN Declaration of the rights of indigenous people. Indeed, this legislative decree only applies to lands without property titles and therefore to lands belonging to indigenous communities as most of them do not have any property titles on their lands.

The court considered that the legislative decree No 994 was in line with the constitution and with convention 169 of the ILO because it does not apply to indigenous territory. Indeed, the court pointed out that the decree applies only to “unproductive lands” with agricultural suitability belonging to the State.