| Vicuña/Andean
Communities Legislation-Developments for
the vicuña and Andean Communities.
1994: CITES lifts export ban on vicuña
fiber; fiber is allowed to be sold if certified from live-shorn
animals; vicuna export to U.S. prohibited because of endangered status.
This is viewed as a positive development both within Peru and
internationally.
July
11, 1995:
Landmark law:"Regimen de la propiedad, comercializacion, y sanciones por
la caza de las especies de vicuña,
guanaco y sus hibridos. " This
legislation gives Andean communities usufruct rights for live-shearing
of the vicuna in Peru and also gives them primary responsibility for
protecting them from poachers. The National Society of Vicuña
Breeders(SNV), a non-profit association of 789 campesino communities, is
legally recognized and is given the CITES approved brand of Vicuña-Peru.
This brand certifies that Andean communities have captured and shorn
live animals. The SNV serves as a mechanism for Andean communities
to negotiate as a one entity fiber contracts and equal prices for all
communities. The SNV also provides the service of completing the
somewhat daunting paperwork necessary to legally export vicuña fiber.
Additional benefits include one channel for commercialization, which
allows for easier monitoring of poaching; direct participation of Andean
people in decision-making practices regarding commercialization of
fiber; and greater negotiating power due to a larger lot of fiber that
can be offered to textile companies. Due to this law, Andean Communities
engage in what may be one of the largest community-based conservation
and sustainable utilization programs in Latin America.
1996: Peruvian Ministry of Agriculture
implements "Programa de fortalecimiento de la competividad comunal en
la crianza de vicuñas". This program, ostensibly
designed to improve competitiveness amongst Andean communities and
increase fiber production, promotes the construction of corrals to
enclose vicuñas on a national scale. This top-down scheme sold communities
corrals for the price of $23,000.00, thus leaving most communities is
debt before getting their vicuña shearing enterprise
off the ground. More alarmingly, the primary mode of fiber
production shifted from utilizing wild vicuñas to capturing vicuñas and
placing them in corrals, affecting, of course, the ecosystem and natural
behavior patterns of the vicuña. Worse still, prices for corrals
were approximately double what they were worth;many communities
are still in debt. Conatura scientists were prevented from
conducting biological investigations in corrals in the late 1990's;many
questions about the effects these measure are having on vicuña
populations are yet to be answered.
September 24, 2000. Supreme Decree #053-2000-AG
(Page 1;
Page 2)
is signed (without consultation of stakeholders), amending the original
1995 law. This Decree gives usufruct rights to those not belonging
to Andean Campesino communities. Problems with this Decree include
identifying the vicuña, a wild animal, with specific pieces of property
(akin to being able to fence in wildlife in your yard), and requiring
landholders to present management plans for their vicuñas even though
Peru has no National Management Plan that would provide terms of
reference. This supreme decree causes controversy amongst Andean
Campesino communities, who view this as a threat to their livelihoods
(due to lack of adequate property titles, increase in land-trafficking,
appearance of intermediary buyers).
May 30, 2002: The U.S. Fish and Wildlife
Service downlists the vicuña from Endangered to
Threatened and publishes a Special Ruling to allow importation of vicuña
fiber and products obtained from live-shorn vicuña, subject to
conditions published in a Special Ruling. Among these include
analysis of utilizing corrals, reporting of conservation measures and
new legislation. To maintain export rights to the U.S. annual
reports are required; every two years a review will be conducted.
This is viewed as a positive development although controversy exists due
to the heavy use of corrals.
February 23, 2004: Supreme Decree #008-2004-AG again
amends (without consultation of stakeholders) the original law signed in
1995. Citing the need to end "monopolistic practices", this
disturbing decree no longer recognizes the Sociedad Nacional de la Vicuña
(SNV) as a representative for commercialization by Andean communities,
eliminating an organizational structure that had inreased the price of
vicuña fiber sold by communities to large international textile firms.
Supreme Decree-008 calls for re-registration of all Andean communities
that shear vicuñas on their lands, asking for requirements that many
communities cannot fufill (such as land titles and official maps).
It also states that communities will sell fiber individually, or at most
through regional associations. This drastically limits Andean
peoples ability to negotiate fair prices and contracts for the sale of
their fiber. The Vicuña-Peru CITES brand is taken away from the SNV and
given to textile companies operating in Peru. Conatura believes that
this Supreme Decree will cause problems for both vicuña conservation and
the Andean people who work to utilize them sustainably and are given
primary responsibility for their protection. |