Agreements with Peasant Communities
Professional participants
Themes
WHO SHOULD YOU CONTRACT WITH IN A PEASANT COMMUNITY?
Many contingencies arising in projects developed on communal lands are not due to a lack of agreement, but rather to contracting with the wrong party. Identifying who has the legal authority to participate is essential to ensuring the validity and enforceability of the agreements.
Depending on the nature of the project, the participation of the following parties may be required:
- the general assembly;
- the community board;
- the community enterprise; or
- community members holding family plots.
THE GENERAL ASSEMBLY
For the acquisition of surface rights over communal land.
The peasant community is the owner of the communal land and, therefore, Law No. 26505 requires the participation of its general assembly to approve any act of disposition, lease, encumbrance, or other transaction involving the granting of rights over such land.
Note: The agreements must be approved by a majority of the community members attending the meeting in coastal communities, and by at least two-thirds of all community members in highland and jungle communities.
THE COMMUNITY BOARD
For agreements related to the ordinary management of the community.
The community board may enter into agreements within the scope of its statutory and legal authority.
Note: For projects that do not require the creation or transfer of rights over communal land, the involvement of the community board may be sufficient.
COMMUNITY ENTERPRISE
For the provision of services and the development of economic or productive activities on communal land.
Community enterprises are established by the general assembly, which determines their corporate purpose, organizational structure, and the powers of their governing bodies.
Note: The participation of the community enterprise does not replace the approval of the general assembly when the project involves granting rights over communal land.
COMMUNITY MEMBERS HOLDING FAMILY PLOTS
For projects involving the use and exploitation of family plots.
The agreements must be structured in a manner that allows the community member to retain possession and directly exploit the plot.
Note: The loss of direct exploitation may result in the termination of the right of use and the recovery of possession by the community. Likewise, the community member may not transfer or grant surface rights over communal land.