Peruvian law students from the Facultad de Derecho y Ciencias Políticas, Universidad Nacional de San Antonio Abad del Cusco are reporting for JURIST on law-related events in or affecting Perú. All of them are from CIED (Centro de Investigación de los Estudiantes de Derecho, a student research center in UNSAAC’s faculty of law dedicated to spreading legal information and improving legal culture through study and research, promoting critical and reflective debate to contribute to the development of the country. Flor Maria Gutierrez is a law student from UNSAAC and a member of CIED. She files this dispatch from Cusco.
In recent weeks, Peru has been facing a devastating environmental crisis due to widespread forest fires that have ravaged various regions of the country. According to the National Institute of Civil Defense (INDECI), the fires have claimed 20 lives and left around 150 injured, some from burns and others from inhaling toxic smoke. So far, 361 forest fires have been recorded, of which 291 have been extinguished, 24 are under control, and 46 remain active. Approximately 3,500 hectares of natural areas and crop pastures have been affected, mainly in the regions of Amazonas, San Martín, Cusco, La Libertad, and Cajamarca. This situation not only represents an environmental challenge but also poses significant social consequences for the affected local communities.
On September 18, President Dina Boluarte declared a state of emergency in Amazonas, San Martín, and Ucayali following multiple requests from regional authorities. In her speech, she urged the population to stop burning crops, which has been identified as one of the main causes of the fires. However, the government’s delayed response has been met with criticism, leading to discontent in the hardest-hit regions. Indigenous leaders expressed concern and issued an ultimatum to the Peruvian government, calling for urgent action. They criticized the government for its indifference and lack of coordination, and demanded a more effective approach to address the underlying causes of the fires, such as drought and rising temperatures linked to the climate crisis. Additionally, they condemned attempts to criminalize ancestral practices of using fire, which they argue are essential for their food sovereignty.
Despite the government sending brigades and volunteer firefighters to combat the fires, the difficult terrain in areas like Amazonas has complicated efforts to control the flames. Although President Boluarte highlighted a decrease in the number of fires compared to the previous year, the National Forest and Wildlife Service (SERFOR) reported that over 4,000 forest fires have been recorded in 2024, surpassing the numbers from 2023. Furthermore, the Environment Minister, Juan Carlos Castro, suggested that some of these fires may have been intentionally set, prompting ongoing investigations.
While regional governments have requested the declaration of an environmental state of emergency, this has yet to be formalized at the national level. Meanwhile, protests in cities like Lima and Trujillo have called for stronger action, rejecting the Anti-Forestry Law, which facilitates deforestation and endangers critical ecosystems. Experts, such as Ana Sabogal, have warned that Peruvian authorities have not implemented effective preventive measures and that their response to the fires has been reactive and delayed. Moreover, the fires not only destroy vegetation but also alter the structure of the soil, compromising its long-term fertility. Affected ecosystems could take up to 500 years to fully regenerate, and endangered species like the Andean bear and the yellow-tailed woolly monkey are at risk.
In light of this situation, on September 23, the Executive Branch presented a bill to Congress aimed at establishing a legislative framework for the prevention and control of forest fires. The bill includes penalties for those who cause fires, criminalizes the act of setting fires, and proposes measures to restore affected areas. As a result, pressure to pass the law has increased, reflecting widespread concerns about the lack of regulation, which has allowed the fires to continue causing destruction. Additionally, the Ombudsman’s Office has called for the declaration of an environmental emergency in Lambayeque, joining the growing chorus of demands for more effective government responses.
As the fires continue to spread, leaving devastation in their wake, regional authorities are calling for quicker and more decisive intervention. The lack of adequate resources, such as specialized equipment for fighting fires in rural areas, has further intensified the urgency of the situation. Indigenous organizations have also warned of possible nationwide mobilizations if immediate action is not taken.
In conclusion, the forest fire crisis in Peru underscores the urgent need for a strong legal framework and preventive measures that not only address current challenges but also aim to reduce the impact of future environmental disasters on the communities and ecosystems affected.
