Minutes and consultation arrangements
The Law Nº 29785, Law of the Right to Prior Consultation to Indigenojus Peoples or Native, establishes in its article 14º that the expressed opinions in the intercultural dialogue process of the Prior Consultation Process, should be in a Consultation Minutes, which has all the acts and occurrences carried out during its development.
Likewise, the Supreme Decree N° 023-2011-EM “Regulation of the Procedural for the Implementation of the Right Consultation to Indigenous Peoples for energy mining activities", published on May 12, 2011, establishes in paragraphs c) and d) of Article 9° that as a result of the dialogue process derived from Consultation procedure of administrative measure that may affect indigenous peoples, Minutes shall be made, which will be signed by the representative of the responsible entity of the consultation process and the accredited representatives of indigenous peoples, thereby giving the consultation process terminated. In case there is no agreement by representatives of indigenous peoples with the administrative measure subject to Consultation the entity responsible will give for terminating the first phase of dialogue, it is stated in the minutes of the matters on which there is agreement or disagreement. After the responsible entity shall carry out the second phase of dialogue, using the same procedures and deadlines for the first phase. The agreements adopted in this second phase of dialogue be entered into a second Minutes, giving thus terminating the consultation process.
If despite the efforts of the parties is not reached agreement, the entity proposing the measure under Consultation may dictate or desist from it, justifies its decision, incorporating the requests and observations from representatives of indigenous peoples during the consultation process.
Note: Both the Law of prior consultation as the Supreme Decree N° 023-2011-EM require that the Ministry of Culture implements a Record of Representative Organizations of Indigenous Peoples. Although there has not been Consultation process nbsp;by PERUPETRO S.A.