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LAW Nº 28495
THE PRESIDENT OF THE CONGRESS OF THE REPUBLIC
INAS MUCH AS:
THE CONGRESS OF THE REPUBLIC;
It has given the following Law: LAW OF THE NATIONAL INSTITUTE OF DEVELOPMENT OF ANDEAN, AMAZONIAN TOWNS AND AFROPERUANO
TITLE I
GENERAL DISPOSITIONS
Article 1. - Object of the Law
The present Law intends to create the National Institute of Development of Andean Towns, Amazónicos and Afroperuano, in ahead INDEPA, and to regulate its nature, structures and functions for the effective formulation of the national policies directed to the development of the Andean Towns, Amazónicos and Afroperuano.
Article 2.- Definition of the INDEPA
The INDEPA is the governing organism of the national policies in charge to propose and to supervise the fulfillment of the national policies, as well as to coordinate with the Regional Governments the execution of the projects and programs directed to the promotion, defense, investigation and affirmation of the rights and development with identity of the Andean Towns, Amazónicos and Afroperuano.
Article 3.- Nature
The INDEPA is a public organism decentralized - multisectorial OPD, with ministerial rank, legal function and position of agent of public right, with functional, technical, economic, financial, administrative and budgetary autonomy.
It constitutes a budgetary sheet assigned to the Presidency of the Cabinet. It has jurisdiction in the national scope.
Article 4.- Functions of the INDEPA
The INDEPA has the following specific functions:
a. To formulate and to approve the policy, programs and projects of national reach for the integral development of the Andean Towns, Amazónicos and Afroperuano.
b. To plan, to program and to coordinate with the Regional and Local Governments the activities of integral development of the Andean Towns, Amazónicos and Afroperuano.
c. To coordinate with the Regional Governments the execution of the programs and projects of regional reach, for the development of the Andean Towns, Amazónicos and Afroperuano, in agreement with article 45 of the Statutory law of Regional Governments.
d. To arrange, to articulate and tie in operations of support, promotion, consult popular, qualification, technical attendance, and others, of the public and deprived organizations, in favor of the Andean Towns, Amazónicos and Afroperuano.
e. To coordinate with the Regional Governments the pertinent actions for the protection to the Peruvian biological diversity and the collective knowledge of the indigenous towns, to which the Law Nº 28216 talks about, Law of Protection to the Access to the Peruvian Biological Diversity and the Collective Knowledge of the Indigenous Towns.
f. To promote and to advise to the Andean Towns, Amazónicos and Afroperuano in the matters of its competition.
g. To elaborate and to maintain updated the statistic of Andean Towns, Amazónicos and Afroperuano, being based on the Registries Public, and of whom they are in recognition process.
h. To study the uses and customs of the Andean Towns, Amazónicos and Afroperuano like right source being looked for its formal recognition.
i. To canalize the financial resources destined for the INDEPA, with the purpose of developing the Andean Towns, Amazónicos and Afroperuano.
j. To coordinate with the Special Project of Degree of Earth and Catastro Rural (PTT), to effect to culminate with the process of territorial legal physical cleaning of the Andean Towns, Amazónicos and Afroperuano.
k. The others that the law assigns to him.
These functions are made within the frame of the Political Constitution of the State and the principles established in international treaties on indigenous and afroperuanos towns.
TITLE II
OF THE STRUCTURE OF THE INDEPA
CHAPTER I
OF THE ORGANIZATIONAL STRUCTURE
Article 5.- Of the organizational structure
The INDEPA for their operation will count on the following organs:
a) Directive advice
b) Executive presidency
c) Technical secretariat
The development of the organization and administrative structure of the INDEPA settles down in the Regulation of corresponding Organization and Functions.
CHAPTER II
OF THE DIRECTIVE ADVICE
Article 6.- Composition of the Directive Council
The Directive Council is the maximum organ of the INDEPA, is conformed by twenty-three (23) members:
- President Ejecutivo of the INDEPA, that presides over it;
- A representative of the Ministry of Justice;
- A representative of the Ministry of the Woman and Social Development;
- A representative of the Ministry of Education;
- A representative of the Ministry of Agriculture;
- A representative of the Ministry of Health;
- A representative of the Ministry of Energy and Mines;
- A representative of the Ministry of Outer Relations;
- A representative of the Ministry of the Production;
- A representative of the CONAM;
- A representative of the INRENA;
- A representative of the CND;
- A representative of the Regional Governments;
- A representative of the Provincial Local Governments;
- Four (4) representatives of the Andean Towns;
- Three (3) representatives of the Amazonian Towns; and,
- Two (2) representatives of the Afroperuano Town.
The representatives of the ministries will count on recognized experience and professional competition in the subject.
The members of the Directive Council that represent the Andean Towns, Amazónicos and Afroperuano are chosen to the interior of their respective towns, according to their traditional procedures and to the rules that the regulation establishes.
The members of the Directive Council are credited by means of supreme resolution of the Presidency of the Cabinet.
Article 7.- Functions of the Directive Council
The Directive Council has the following functions:
a. To approve the policy national of integral development of the Andean Towns, Amazónicos and Afroperuano.
b. To approve its Internal procedures.
c. To approve the programs and projects of regional reach directed to the promotion, defense, affirmation of the rights and development with identity of the Andean Towns, Amazónicos and Afroperuano.
d. To designate or to remove the Technical Secretary.
CHAPTER III
OF THE EXECUTIVE PRESIDENCY AND THE TECHNICAL SECRETARIAT
Article 8.- Of the Executive Presidency
President Ejecutivo is the holder of the budgetary sheet, has minister rank who is designated by the Presidency of the Cabinet, by means of supreme resolution.
President Ejecutivo has the following functions:
a. To assume the legal representation of the INDEPA.
b. To propose the national policy of integral development of the Andean Towns, Amazónicos and Afroperuano.
c. To formulate and to express technical opinion on the national policies, and the same lineamientos of, the tie ones to the promotion, defense, affirmation of the rights and development with identity of the Andean Towns, Amazónicos and Afroperuano, in coordination with the other sectors of the Public Administration.
d. To execute the policies and strategies that the Council approves Directive.
e. To propose the internal normative instruments of the INDEPA for its approval by the Directive Council.
f. It semester presents/displays to the Presidency of the Cabinet a report on the advances made by the INDEPA.
g. To summon to ordinary and extraordinary sessions of the INDEPA through the Technical Secretariat.
h. The others that correspond according to the regulation of the present Law and the effective legal devices; and,
i. To attend the sessions of the Cabinet with voice but without vote.
Article 9.- Technical Secretariat
For the fulfillment of their functions the INDEPA tells on a Technical Secretariat that it is in charge of:
a. To articulate, to coordinate and to supervise the work, functions and responsibilities of the operative and administrative areas of the Institution.
b. To fulfill the functions assigned by President Ejecutivo.
c. To propose to the Directive Council for its approval institutional the operative and budgetary plan being executed the activities necessary to guarantee its fulfillment.
d. To attend, to advise and to express technical opinion to the Executive Presidency and the Directive Council of the INDEPA, in technical subjects, administrative and legal.
e. To act like Secretary of the Directive Council.
f. The others that correspond according to the regulation of the present Law, or the effective legal devices.
CHAPTER IV
ON THE PROGRAMS AND PROJECTS
Article 10.- Elaboration and execution of the programs and projects
The INDEPA, elaborates and approves the programs and projects, directed to the promotion, defense, affirmation of the rights and development with identity of the Andean Towns, Amazónicos and Afroperuano, of national reach.
The Regional Governments in agreement with article 45 and 60 of the Law Nº 27867, Statutory law of Regional Governments, elaborate programs and projects directed to the promotion, defense, affirmation of the rights and development with identity of the Andean Towns, Amazónicos and Afroperuano.
Article 11.- Agreements of management
The INDEPA celebrates agreements of management with the Regional Governments to effect of which these execute the programs and projects previously approved by the respective Regional Council.
CHAPTER V
ECONOMIC REGIME
Article 12.- Resources of the INDEPA
They are resources of the INDEPA:
a. Those that brief in the Annual Law of the Budget and its modifying ones.
b. Own resources that can generate.
c. Those that obtain from the National Cooperation and the International.
Article 13.- High-priority Treatment
The INDEPA gives a high-priority treatment to the Andean Towns, Amazónicos and Afroperuano that are in zone of border and those that are in voluntary isolation.
TITLE III
COMPLEMENTARY, TRANSITORY AND FINAL DISPOSITIONS
FIRST.- Of the commitments of the CONAPA
The INDEPA assumes the obligations stipulated in the agreements, contracts and other commitments subscribed by the National Commission of the Andean Towns, Amazónicos and Afroperuano.
SECOND.- Allocation of Resources for INDEPA
It authorized to Pliego Nº 001-PCM, so that with position to the resources considered for the activity Nº 1,00207 “Development of the Indigenous Communities”, financially transfers the totality of the resources established for the mentioned activity and the beginning of the operations of the INDEPA.
This authorization includes/understands the resources established for Fiscal year 2005.
THIRD.- Decontamination of the CONAPA
Within the sixty (60) days of entrance in use of the present Law, it will be come to deactivate the National Commission of Andean Towns, Amazónicos and Afroperuano - CONAPA, being been due to transfer his documentario and patrimonial heap in favor of the National Institute of Development of Andean Towns, Amazónicos and Afroperuano.
FOURTH.- Term for the accreditation of the members of the Directive Council
The members indicated in article 6 of the present Law, will be chosen and designated in a nongreater term of sixty (60) days from the use of the present Law and its regulation.
VILLA.- Application of the dispositions of the Law Marco of the Public Use
The personnel of the INDEPA is subject to the labor regime of the deprived activity, in as much, are approved the laws ready by the Law Marco of the Public Use, moment at which he will adapt himself to the new regime.
SIXTH.- Obligation of the presentation of the Annual Report to the Congress
The National Institute of the Development of Andean Towns, Amazónicos and Afroperuano will annually present/display to the presidency of the Congress of the Republic an annual report of the advances made in its policies referred to the development of the Andean Towns, Amazónicos and Afroperuano.
SÉTIMA.- Of the Regulation of the Law
The Executive authority will approve by Supreme Decree the Regulation of the present Law, in a term nongreater to sixty (60) days, counted from the entrance in use of the present Law.
EIGHTH.- Derogation of norms
It countermanded all norm that is against the present Law and lapse following supreme decrees: Supreme decree Nº 111-2001-PCM, Supreme Decree Nº 073-2003-PCM, Supreme Decree Nº 072-2001-PCM, Supreme Decree Nº 012-2003-PCM and Supreme Decree Nº 037-2004-PCM.
THEREFORE:
Having reconsidered the Law by the Congress of the Republic, insisting on the approved text in session of the made Plenary session day sixteen of December of two thousands four, in accordance with the arranged thing by article 108 of the Political Constitution of the State, I order that it is published and it fulfilled.
In Lima, to the six days of the month of April of two thousands five.
ÁNTERO FLORES-ARAOZ E.
President of the Congress of the Republic
NATALE AMPRIMO PLÁ
First Vice-president of the Congress of the Republic
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