Declared Of Public Interest The Family Agriculture, Peasant And Indigenous. Historical Reparation Scheme. Creation.

Original Language Title: Declárase de interés público la Agricultura Familiar, Campesina e Indígena. Régimen de Reparación Histórica. Creación.

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Agriculture family agriculture family law 27.118 declare is of interest public the agriculture family, peasant and indigenous. Historical reparation scheme. Creation. Adopted: 17 December 2014 fact promulgated: January 20, 2015 the Senate and Chamber of deputies of the Argentina nation gathered in Congress, etc. they attest to the force of law: repair historical LA agriculture family for the construction of a new RURALITY in LA ARGENTINA title I purposes, objectives, definitions and scope article 1 - declared public interest agriculture family, peasant and indigenous for his contribution to the safety and food sovereignty of the people, by practicing and promoting life and production systems that preserve biodiversity and sustainable processes of productive transformation.
Article 2 ° - created historical repair of family agriculture regime aimed at farmers and family farming and agricultural family enterprises that develop agricultural activities in rural areas according to the scope provided for in this law, in order to increase productivity, safety and food sovereignty and to enhance and protect the subject essential of a productive system linked to the establishment of the family in rural priority , on the basis of environmental, social and economic sustainability.
(Article 3rd - overall objectives of this law are: to) promote comprehensive human development, social and economic welfare of farmers, their communities, workers field and, in general, of the agents of the rural environment, through diversification and the generation of employment in rural areas, as well as the increase in income, in diversity and harmony with nature in order to achieve the good life; (b) correcting disparities in regional development through the differential to the regions with greater delay, through a comprehensive action the national executive power that drives its transformation and the productive and economic restructuring, with a productive approach to sustainable rural development; (c) contribute to the sovereignty and food security of the nation through the promotion of agricultural production; d) promote the conservation of biodiversity and the improvement of the quality of natural resources, through their sustainable use; (e) assess the various economic, environmental, social and cultural functions of the different manifestations of the national agriculture; f) enhance farming in all its diversity, as subject priority of public policies that are implemented in different spheres of the national executive power; (g) promote the development of the rural territories around the country, recognizing and consolidating farming as protagonist of the rural social subject. To this end, is understood by rural development, the process of transformation and organization of the territory, through public policies with the active participation of rural communities and interaction with the wider society; (h) recognize explicitly the practices of life and productive native communities.
(Article 4 ° - specific objectives of this law are: to) strengthen the population living in rural areas in pursuit of harmonious occupation of the territory, creating favorable conditions for the filing and permanence of the family and young people in the field, in terms of habitat, income and quality of life, equitable and integrated with the urban areas; (b) promote the use of specific attributes of each territory to generate primary, industrial goods and services, differentiated by their ecological, cultural peculiarities, procedures, respect for sanitary requirements, landscape uniqueness or any other characteristic that differentiates it; (c) help to eliminate gaps and gender stereotypes, ensuring equality of access between men and women to the rights and benefits established by this law, adapting concrete actions and implementing specific recognition policies in favour of women in family agriculture; d) strengthen the Organization and upward social mobility of family agriculture, peasant and indigenous, with special attention to the conditions and needs of women and rural youth; (e) ensure the supply of healthy food and fair price strategically contributing to energy sustainability and the preservation of income; (f) support generation of agricultural, handicraft, industrial activities and services, oriented to the added value of primary production and the generation of local development; (g) recovering, preserving and promoting the cultural, historical and natural heritage of family farming in their various territories and expressions; (h) strengthen the Organization of family farmers and the defense of their rights and possibilities promoting associativism and cooperation; (i) guarantee the rights of access and the management of land, water and natural resources in general, seeds, livestock and biodiversity are in the hands of those who produce food; j) implement actions specific to indigenous peoples and their communities; k) developing and strengthening participatory institutional structures at all levels to plan, monitor and evaluate policies, programs and actions of local development; (l) development of marketing policies that guarantee the placement of local production in larger markets; (m) creation and strengthening of concerned poles in rural areas and in small villages, promoting local development and preservation of values, regional and local cultural identities.
Article 5 ° - is defined as farmer and farmer family that carries out productive agricultural activities, livestock, forestry, fisheries and aquaculture in rural areas and meets the following requirements: to) productive entrepreneurship management is exercised directly by the producer or any member of his family; (b) it is the owner of the whole or part of the means of production; (c) the requirements of the job are covered mainly by family labour or complementary contributions of employees; (d) the family of the farmer and farmer resides in the field or in the town next to it; (e) having as main economic income from family agricultural activity from its establishment; ((((((f) small producers, smallholder, peasants, farmers, settlers, sharecroppers and fishermen, producer family also peasants and landless farmers, peri-urban farmers and communities of indigenous peoples included in subparagraphs to), b), c), d) and e).
Article 6 - registration in RENAF. Establish an obligation on family farmers register individual and associative, shaped for the purpose of being included in the benefits of this law. Ratified the creation of the national register of family farming according to the provisions of resolution 255/07 of the Secretariat of agriculture, livestock, fisheries and food of the nation, from the sanction of Mercosur which is incorporated into this law resolution 25/07. In case of existence of other national, provincial, or municipal records of family farmers, they must share the information with the RENAF for the purposes of forming a single database at the national level.
Article 7 ° - beneficiaries of the regime. Covered by the present law benefits family farmers that develop productive activities registered in the national registry of family farming.
Title II implementation article 8 ° - this Act shall apply throughout the territory of the Argentina nation, inviting the provinces to adhere to it or adapt its legislation, sanctioning rules that have a principal object similar to the one of the present law.
Article 9 ° - the Ministry of agriculture, livestock and fishing, in the area of the national executive power will be the Agency's application of this law. The enforcement authority will give participation to family agriculture, Campesino, indigenous Council created by resolution 571 MAGyP.
ARTICLE 10. -The Ministry of agriculture, livestock and fisheries shall promote the conditions for rural integral and sustainable development, in order to generate employment and ensure well-being and their participation and incorporation in national development by promoting agricultural and forestry activity for optimal use of the land, with infrastructure, inputs, credit, training and technical assistance services, generating legislation to plan and organize the rural development and agricultural production , industrialization and marketing, promoting actions on the following topics: 1. natural resources and environment. 2. Technological development, technical assistance, and research. 3. production and marketing processes. 4. education, training and training. 5 infrastructure and rural facilities. 6. social policies. 7. promotion tools.

ARTICLE 11. -The enforcement authority will promote the dissemination, with the institutions related to the indigenous, peasant and family agriculture and rural development, of the scope and characteristics of the instruments of this law, to facilitate the access and the established benefits all family farmers in the country.
ARTICLE 12. -Created at the level of head of Cabinet of Ministers the National Council for the coordination of public policies for family agriculture, integrated by the Ministers of the national executive power. Its functions will be articulate, coordinate, organize, report and relieve from the entirety of the actions carried out by the different areas of Government for the fulfilment of the objectives of this Act.
ARTICLE 13. -All them political, plans, programs, projects executed by the Ministry of agriculture, livestock and fishing, entities decentralized or decentralized of the power Executive national intended to favour the production, industrialization marketing of products agricultural must contemplate in your instrumentation to the agriculture family and improve their conditions of life. The representative organizations of the sector should be integrated to the existing advisory boards or create. Indigenous, peasant and family agriculture producers must be characterized by the implementing authority for priority inclusion in actions and policies arising from this Act, taking into account the following factors: to) producers of subsistence, marginal and subsistence; (b) levels of production and destination of production; (c) place of residence; (d) income net and extra taxes; e) capitalization level; f) family labour. Additional labour; (g) other items of interest.
ARTICLE 14. -The present regime recognizes the first stage of three (3) years for execution, compliments which must evaluate its performance and results and adapt programs and instruments to the progress and achievements made by the sector.
Title III goods natural and environment article 15. -Access to land. The enforcement authority will articulate with the competent organs of the national executive power and the provinces for the access to land for farming, peasant and indigenous, considering the Earth as a social good. article 16. -Bank's land to family farming. Created in the scope of the enforcement authority the land bank for family farming, with the aim of having land suitable and available for the development of productive initiatives of indigenous, peasant and family farming in the framework of the provisions of this standard. The provinces are invited to take initiatives of the same type in their jurisdictions. The land bank will be formed by: to) land of the nation affecting national State by decree for the purposes of this Act; (b) the lands that are donated or bequeathed to the State in order to be affected by a bank created by this standard; (c) land that transferred provincial and municipal governments in the nation for the purpose indicated in this law; (d) all rural lands entering the patrimony of the State by different mechanisms, judicial, administrative, tax, or any other. The enforcement authority will promote the necessary agreements with the competent agencies of the national executive power for the purposes of the survey, registration and determination of the lands that will integrate it. Holders of real estate that put them at the disposal of the Bank access to tax and tax benefits in terms that set the rules. The national registry of rural land in coordination with the implementing authority will record real estate that integrate the land bank, in accordance with the information provided by the provinces and by the Agency for Administration of State property.
ARTICLE 17. -Award. The lands that make up the Bank, will be awarded progressively to farmers and farming relatives reported in the RENAF, and/or inhabitants urbanized showing willingness to settle down and work in family farming, peasant and indigenous women, according to the procedure laying down the implementing authority, by means of adjudication for sale, lease or donation to this end for several reasons. The awards will be made in family economic units, which will be determined taking into account, as a minimum, the following parameters: a) ecological regions; (b) types of exploitation); (c) infrastructure regional, zonal and local; (d) productive capacity of the land; (e) capacity of the equipment production, financial and economic condition of the applicant in the case of public offering; (f) number of members of the family group; (g) legal uncertainty with respect to ownership of the land that currently live and work, or lack of access to it.
ARTICLE 18. -Property regularization. The Ministry implemented a specific and permanent program for survey, analysis and comprehensive approach of the ownership situation of indigenous, peasant and family agriculture lands. To do so shall constitute a permanent National Commission for regularization men of the Earth farm comprised of: the implementing authority, the national registry of rural land, National Secretariat for access to Habitat, the National Institute of affairs indigenous peoples and the National Institute of agricultural technology. You will be invited to the Federation of Surveyors and the lawyers and the Federal Council of the Argentine notaries in order to promote social qualifications.
ARTICLE 19. -Are suspended for three (3) years all execution of judgment and procedural acts or indeed which have as their object the eviction of family farmers who are in conditions of usucapir rural land possessing at the time of the entry into force of this standard. The Authority applied in accordance to the preceding articles, prioritize immediate solutions to secure tenure and access to land.
ARTICLE 20. -The Ministry will design and implement incentive programs environmental services that family agriculture, peasant and indigenous with productive processes that preserve the ecosystem of their respective territories base. These incentives consist of direct subsidies; multiplication of the amount of microcredit and revolving funds, tax relief, and credits from the National Bank and subsidized rates. They will be designed and implemented plans for prevention, mitigation and restoration against emergencies and disasters, such as droughts, floods, others taking forecasts that is guaranteed through the RENAF the priority attention of the farmer and family farmer in this situation. The processes of deterioration of soils that advancing desertification will be treated as emergencies and disasters.
Title IV production and processes of marketing article 21. -Actions and programmes established Guide to increase productivity and competitiveness in rural areas in order to strengthen employment, raise the income of family farmers, create favorable conditions to expand markets, increase natural capital for the production and the Constitution and consolidation of rural enterprises. The provisions will lead by: a) the conservation and improvement of soil and other natural resources. Active and participatory policies with sustainable methods, prioritizing the agroecological practices in order to preserve, restore or improve the conditions of the land, especially of the productive will be implemented for this purpose. Maps of soils already existing at the national level and the provinces, will be supplemented with an emphasis on the needs of indigenous, peasant and family agriculture; b) preservation and recovery, artisan and multiplication scale, provision and access of native seeds will have priority in plans and production programs of the Ministry, who will articulate with all the institutions State and not state, national, Latin American and global; have a policy oriented in the same direction; (c) production processes and cultural tasks: traditional production processes or the processes of diversification which are addressed in each area will be strengthened with the accompanying technical, logistical, financial and input when warranted, for planting, cultural tasks that they demand and corresponding harvest; and they will be periodically assessed in a participatory manner from an approach of economic, social and environmental sustainability; (d) preservation of crops, storage and cold chains: productions that require a period of maintenance by finished product, or post harvest and/or respective stockpiles, the Ministry will seek

maximum associative joint by area and by product, for State or joint investment in the socio-productive infrastructure necessary for this purpose: deposits, forest flats, infrastructure work and cold, among others. (e) local industrialisation processes: it will host and strengthen all the processes of secondary processing and value added in origin allowing to develop the productive, organizational and logistic potential of each area; (f) commercialization processes: comprehensive and sustained policies concerning the fractionation, packaging ("packaging"), transportation, refueling hydrants own or agreed network local, regional and national, broadcast teaching by all existing means or by existing products of farming, as well as coordination with groups of consumers, who will have permanent access to a database with nutritional information will be implemented; and will have a conceptual unit policies in this respect, even if they have a huge variety of implementing agencies for territories and thematic issues.
ARTICLE 22. -The Ministry will boost: 1. the realization of fairs local, zonal and national, and put special emphasis in the conformation of a chain national of marketing, articulating structures own, cooperative of producers or instances mixed when are necessary. 2. the promotion of trademarks and appellations of origin and other mechanisms of certification, as a strategy for enhancement of the products of family farming. 3. the purchase of food, products, supplies and services from productive establishments of family farmers registered on the national register of family agriculture (RENAF) will take priority in the direct agreement contracts that make the national State for the provision of food to hospitals, schools, community kitchens, institutions dependent on the national prison system, armed forces and other public institutions dependent on the State. To this end agreements of management with different jurisdictions companies must sign in order to set goals and objectives to meet.
Title V technological development, technical assistance and research article 23. -The Ministry will support diversification and innovation focused on the installation of demonstration of experimentation units. You sustain the technical advice and supply of materials and supplies; the development of innovative experiences in the field of production and consumption; the diffusion of the natural organic and ecological and technological research.
ARTICLE 24. (-The enforcement authority will contribute: to) ensure the preservation, development, validation, and dissemination of practices and technologies of families organized in family agriculture, peasant and indigenous women, in order to strengthen the cultural identity, the transmission of knowledge and good practice on the production recovery, addressing what makes logistics and public services; communication; rural educational services; distributed renewable energies; management, harvest and water recovery; Bio-architecture for housing and productive infrastructure; added value in origin; alternative certification; (b) to preserve natural resources for future generations, promoting productive development integral to the good to live in harmony with nature and preserving genetic diversity, respecting customs, recognizing the family as the core of production and productive sustainability over time; (c) promote habits of healthy eating and its massive dissemination.
ARTICLE 25. -The framework of the priorities of public policy, the Ministry, the National Institute of agricultural technology (INTA) and the national system of science and technology, will prioritize the production research for the development of family farming and diversified products. Universities, technological institutes, technological colleges and other public, private and Community institutions that develop innovation, carried out research covering socio-cultural, productive and organizational aspects to strengthen family agriculture, peasant and indigenous, in the framework of the State priorities in coordination and following the guidelines of the governing body of the national system of science and technology.
ARTICLE 26. -Created in the scope of the Ministry the Centre of production of native seeds (CEPROSENA), with the collaboration of the National Institute of agricultural technology and the National Institute of seeds that mission will help ensure safety and food sovereignty, having for objective to record, produce and supply seed native and Creole; (being its functions: to) make an inventory and guardian of the native seeds for the purposes of registration; b) promote: the use of native and Creole seed for food, agriculture, forestry, ornamental aptitude and industrial application; (c) organize the collection, production and marketing of native and Creole seed to ensure its existence in quantity and quality for their use; (d) conduct and promote research of the use and preservation of the native and Creole seed. To this end it may conclude agreements with public or private entities; (e) developing actions aimed at avoiding the misappropriation and the lack of recognition of the native and Creole seed; f) coordinate actions with the bodies of controller in order to make effective the protective legislation of the native seed; (g) perform actions to ensure variety and crop diversity and to promote exchange between producers and producers; (h) propose and strengthen forms of agroecological production; (i) advise on the policy areas of the national executive power as required by issuing its opinion in previous and mandatory way to the dictates of standards related to the seed activity.
Title VI education, formation and training article 27. -The Ministry of agriculture, livestock and fisheries shall prepare proposals to the Ministry of education on issues related to rural education, at all levels that have mandatory character, thus securing an education that revalue its immediate context, facilitating the construction of citizenship of children and young people from rural areas; at the same time it will develop programs allowing to acquire values, skills, and abilities of the farming sector. The National Executive will promote higher technical education and training in rural areas, recognizing the ways of learning and transfer of knowledge in the sector. article 28. -The Ministry of education, in coordination with the Ministry of health, be incorporated in the curriculum of the educational system, rural education, nutritional food education, the importance of consumption of products of national origin, including indigenous, peasant and family agriculture, healthy, nutritious, and culturally appropriate.
Title VII infrastructure and rural equipment article 29. -The national executive power, through the Ministry and its Rural change unit, prioritize policy provision and improvement of rural infrastructure in all its dimensions, such as: infrastructure of transportation, roads, housing, rural electrification, farm according to productive activity infrastructure, information and communication technologies, water and irrigation in all its forms according to potential of the territory, social infrastructure , basic sanitation led to rural development, rooting and harmonious occupation of the territory. The following guidelines will be recommended to the provinces and municipalities: to) assign to at least fifty percent (50%) of the rural population in provinces and municipalities, programmes of rural housing (construction, expansion and improvements), in order to recover the chronic deficit in this area. Will also get special care for the design of housing in a participatory manner and with a bioclimatic approach; b) organize a system of sanitation assisted areas, which include the process of solid waste and disposal of excreta; (c) implement, within the framework of the general plan of the Government, the construction and maintenance of the trunk road network in each province, and boost system of runners consortia for the maintenance and improvement of rural roads in the secondary network in each area and province; (d) ensure the provision of water for irrigation, for animals and drinking water for humans in every household and in every area of family farmers, through plans, programs and projects that implement the most suitable system of provision in every area. The plans will not be suspended until all rural families have water for their needs, and shall monitor continuously the territorial changes that mean some risk of water deficit.

ARTICLE 30. (-The Ministry of agriculture, livestock and fisheries in this regard will be a: to) implement all necessary measures to make any grounds of family farming with energy deficit, according to the production plan that faces in the same. You will need a survey in real time of the short, medium and long term planning by territory and contents 14(bis) will provide the necessary plans to ensure energy requirements arising from them, with special promotion of those coming from renewable sources; b) design a permanent program to improve and enhance the equipment and land and community infrastructure for productive or social aspects of population; evaluating the characteristics of the financing according to income and the type of equipment or infrastructure need, and can oscillate between the direct subsidy, systems of micro-credit, revolving funds, rural banking, credit or bank loans at subsidized rate; (c) promote priority transportation services public or cooperative type, giving special consideration to rural transport, both passengers as to the transport of the production, analysis, design appropriate to each area, frequencies, beats and costs that will result from the territorial debate; (d) communications, whether traditional or new technologies of information and communication technology (ICT), will be at the service of social, sponsored and productive needs of each zone; and thus the Ministry establish a permanent plan in coordination with the competent structures, so that no area or family is in isolation, the digital divide is overcome, and count with the best service that can provide the country or the province in each historical period according to the requirements of family farmers in each territory.
Title VIII policies social article 31. (-The national executive power, through its respective agencies, must be: to) ensure the access and performance of all basic social services (education, health, sports, culture, disability, development and social promotion, as well as direct social assistance) for the whole of the rural population in the territory, depending on its existence, continuity and quality that will ensure the roots of rural families. Management processes and the administration of public services must consider mechanisms of participation of organizations of family agriculture, peasant and indigenous in each territory; (b) the rural education will be declared essential public service. The method of alternation in all areas that are thus justified, will be implemented and system educational public will have community participation in the management and monitoring of the operation of the establishment; (c) recover and develop systems of primary health care through a network of health workers who will have a system of continuous training, integrated into the health system at different levels; d) sponsoring a program of rural sport zonal and provincial, which favours reunion with traditional in each place sports practices, as well as promotion of creative leisure activities of the customs of the place; (e) cultural policies will host the creation of scenarios, cultural goods and services which encourage the promotion of values of rural life, and will be strengthened in national policies in their formulation, design, implementation and evaluation from the rural territory concerned, promoting its production below upwards; (f) the social development of communities and the social or generational subsectors that comprise it (the promotion of women, youth, children, the elderly, the disabled, and/or existing minorities) will be optimized with comprehensive policies, in coordination with the specific jurisdictions, and/or directly by policies in areas of their own that is necessary to drive them.
Title IX article 32 promotional instruments. -Historical reparation of family agriculture regime includes promotional instruments linked to: 1. agricultural health: the Ministry action plans, programmes and projects to strengthen the capacity of national health legislation compliance; and bromatological standards required in each territory. They will work in the actions appropriate for logistics development, infrastructure and management on the basis of compliance with the requirements of animal and plant health. 2. tax benefits: family agriculture, peasant and indigenous and his actors will be beneficiaries 0 of tax discounts progressive when the enforcement authority certifying practices involving added value in origin and environmental services in its various manifestations. 3. social security: Pension special arrangements for family farmers, in accordance with the established law 26.727 on regime of work in agriculture will be promoted. 4 certifications: The national executive power through its technical bodies authorized, will ensure the certification of quality or other demands of the international market, when indigenous, peasant and family agriculture need to export. The Ministry of agriculture, livestock, fishing and food, through a system of participatory certification, ensure the certification processes and products of national circulation. 5. promoting the creation of a comprehensive farming insurance aimed to mitigate the damage and losses suffered by phenomena of emergency or disaster, accidents, loss or theft of animals, forestry, agricultural products, machines and implements rural. 6. credits: The Ministry shall agree with the Bank of the Argentina nation, the creation of specific credit lines, with subsidized interest rates and guarantees compatible with the characteristics of the activity, that finance long-term, the acquisition of real estate, machinery, vehicles, and in the short term the purchase of inputs, costs of marketing, transport, etc. Appropriations for an amount of up to ten (10) basic food baskets, will be requirements to the producer to be registered in the RENAF, in the social monotributo and have an investment plan technically supported by any relevant national or provincial body, National Institute of agricultural technology (INTA), Instituto Nacional de Tecnología Industrial (INTI), or the Secretariat of family farming.
Title X of the resources article 33. -Resources that requires the implementation of this law will be allocated by the budgetary adjustment that the national executive power has.
SUPPLEMENTARY RULES ARTICLE 34. (- Added as subsection e) of article 4 of law 23.843 agricultural Federal Council the following text: article 4: [...] subsection e) meet with specific policies the problem of family agriculture and small farmers, whose effect will ensure that effective participation of representative organizations of the sector.
ARTICLE 35. -Modified article 1 ° of the law 24.374, modified by 25.797 and 26.493 laws, which will be drafted in the following way: article 1: enjoy the benefits of this law the occupants proving lawful cause, possession public, peaceful and continuous for three (3) years prior to January 1, 2009, with respect to urban built properties that have as main target House room unique and permanent , and meet the characteristics specified in the regulations. Under the same conditions, have access to these benefits family farmers with regard to the 1 rural property where they reside and produce.
ARTICLE 36. -Modify article 18 of law 26.509, "Creating the national system for the prevention and mitigation of agricultural disasters and emergencies", which will be drafted in the following way: article 18: resources from the National Fund for the mitigation of agricultural disasters and emergencies will be exclusively destined to finance programmes, projects and actions of the national system for the prevention and mitigation of agricultural disasters and emergencies to mitigate and repair the damage caused by the emergency and/or agricultural disaster, through isolated or programmatic actions arranged with character concomitantly and subsequent, as appropriate, to the occurrence of the emergency and/or agricultural disaster. Affect a twenty percent (20%) of the entirety of that Fund to actions aimed at preventing damage by emergency and/or agricultural disasters on family farming.
Title XI General/transitional considerations article 37. -The national executive branch shall regulate this law within a period of one hundred and eighty (180) days from the date of its promulgation.
ARTICLE 38. -Communicate to the national executive power.
-REGISTERED UNDER NO. 27.118 - JULIAN A. DOMINGUEZ. -GERARDO ZAMORA. -Lucas Chedrese. -John H. Estrada.

Date of publication: 28/01/2015 2