aya patrimony peru






National directorial resolution

Number 836/INC

Lima, June 24 2008-07+14

Having read Report No. 056-2008-DRECP/INC dated May 29, 2008, prepared
by the Directorate of Registration and Study of Contemporary Culture in


That Article 21 of the Political Constitution of Peru indicates that it
is the function of the State to protect the Cultural Patrimony of the Nation.

That part 1, Article 2 of the Convention for the Preservation of Non-material
Cultural Patrimony of the UNESCO, establishes that “it is understood that
‘Cultural Patrimony is defined as the uses, representations, expressions,
knowledge and techniques—together with instruments, objects, artifacts,
and cultural spaces that are inherent to them—that the communities, groups,
and in some cases individuals, recognize as an integral part of their cultural
patrimony’. This non-material cultural patrimony, which is transmitted
from generation to generation, is constantly re-created by communities
and groups, by means of their location, their interaction with nature and
their history, inducing a feeling of identity and continuity and therefore
contributing to promote respect toward cultural diversity and human creativity”.

That Article VII of the Preliminary Title to Law NO. 28296

– General Law on Cultural Patrimony of the Nation disposes that the National
Institute of Culture is charged to register, declare and protect the Cultural
Patrimony of the Nation within the confines of its responsibility;

– That part 2) of Article 1 of Title 1 of the above mentioned Law establishes
that part of the Cultural Patrimony of the Nation consists of the creations
of a cultural community, based upon traditions, to be expressed by individuals
unilaterally or in groups, and that consensually respond to community expectations,
as an expression of cultural and social identity, in addition to the values
transmitted orally, such as autochthonous languages, tongues and dialects,
traditional knowledge and wisdom, be it artistic, gastronomic, medicinal,
technologic, folkloric or religious, the collective knowledge of peoples,
and other expressions or cultural manifestations, which jointly comprise
our cultural diversity;

– That National Directorial Resolution No. 1207/INC dated November 10,
2004, approved Directive No. 002-2004-INC “Recognition and declarations
of active cultural manifestations as Cultural Patrimony of the Nation”;

– That it behooves the National Institute of Culture, in order to carry
out its function as assigned by law, with the active participation of the
community, to conduct a permanent identification of such traditional manifestations
of the country that should be declared as Cultural Patrimony of the Nation;

– That by means of the proper document, the Directorate of Study and Registration
of Culture in Contemporary Peru requests a declaration as Cultural Patrimony
of the Nation the knowledge and traditional uses associated with Ayahuasca,
and practiced by native Amazon communities, according to the Report prepared
by Dona Rosa A. Giove Nakazawa, of the Takiwasi Center-Tarapoto and submitted
by the Regional Office of Economic Development of the Regional Government
of San Martin to the Regional Directorate of Culture of San Martin;

– That the Ayahuasca plant—Banisteriopsis caapi—is a vegetable species
which garners an extraordinary cultural history, by virtue of its psychotropic
properties, used in a beverage associated with a plant known as Chacruna-Psychotria

– That such plant is known by the indigenous Amazon world as a wisdom plant
or plant teacher, showings initiates the very fundaments of the world and
its components. Consumption of it constitutes the gateway to the spiritual
world and its secrets, which is why traditional Amazon medicine has been
structured around the Ayahuasca ritual at some point in their lives, indispensable
to those who assume the function of privileged carriers of these cultures,
be they those charged with communication with the spiritual world, or those
who express it artistically.

– That the effects produced by ayahuasca, extensively studied because of
their complexity, are different from those produced by hallucinogens. A
part of this difference consists in the ritual that accompanies its consumption,
leading to diverse effects, but always within the confines of a culturally
determined boundary, with religious, therapeutic and culturally affirmative

– That available information sustains the fact that the practice of ritual
ayahuasca sessions constitutes one of the basic pillars of the identity
of the Amazon peoples, and that the ancestral use in traditional rituals,
warranting cultural continuity, is closely connected with the therapeutic
attributes of the plant;

– That what is sought is the protection of traditional use and sacred character
of the ayahuasca ritual, differentiating it from Western uses out of context,
consumerist, and with commercial objectives;

– That the Manager, the Director of Registration and Study of Culture in
Contemporary Peru, and the Director of the Office of Legal Affairs, being
cognizant of the above information;

– In conformity with the dispositions of Law No. 28296, “General Law of
the Cultural Patrimony of the Nation” and Supreme Decree No. 017-2003-ED,
which approves the By-Laws of the Organization and Operation of the National
Institute of Culture.


Sole Article.

To declare as CULTURAL PATRIMONY OF THE NATION, the knowledge and traditional
uses of Ayahuasca practiced by the native Amazon communities, as a warranty
of cultural continuity.

Be it registered, communicated, and published.


Manager of the National Directorate

National Institute of Culture