Peru's New Law Sparks Fears of Crippling Blow to NGOs

Peru's Congress has approved a controversial reform to the country's international cooperation law, triggering widespread concern among human rights organizations that the new regulations will severely restrict their ability to operate and defend vulnerable communities. Critics argue the law, ostensibly aimed at increasing transparency, is a thinly veiled attempt to stifle dissent and obstruct the work of non-governmental organizations (NGOs) that challenge government policies or advocate for marginalized groups.

Sweeping Restrictions on Civil Society

The reform modifies existing legislation governing the Peruvian Agency for International Cooperation (APCI), granting the agency expanded powers to oversee international aid and regulate the activities of non-profit organizations. Opponents of the law fear these expanded powers will be used to suppress the independence and effectiveness of NGOs. One of the most contentious provisions makes it a serious offense for non-profits to provide legal assistance, advice, or funding for administrative or judicial cases against the government, both domestically and internationally.

Carlos Rivera, director of the Legal Defense Institute, a Peruvian human rights advocacy NGO, told the Associated Press that the law doesn't seek to make anything more transparent. He said that it aims to create a climate of repression and persecution.

Threat to Indigenous Communities and Access to Justice

Human rights advocates warn that the law could disproportionately impact Indigenous communities, who often rely on legal support from NGOs to defend their rights and territories. By restricting the ability of NGOs to provide legal representation, the new law could severely limit Indigenous communities' access to justice and their ability to challenge government decisions that affect their lands and livelihoods.

Tom Younger, Peru Programme Coordinator of the U.K.-based Forest Peoples Programme, said the reactionary law strikes a harsh blow against all of those struggling to defend human rights, territories of life and the climate across Peru.

Echoes of Past Repression

Critics like Rivera are drawing parallels between this law and the 1995 amnesty laws, which shielded military and police personnel from prosecution for human rights abuses committed during Peru's internal conflict. Those laws were later declared unconstitutional for violating the right to justice and breaching international human rights standards. The current reform, they argue, represents a similar attempt to shield the government from accountability and silence those who speak out against injustice.

Concerns Over Government Censorship

Under the new law, NGOs will be required to present their plans in advance for government approval. Operating without such approval, or taking actions that have not been approved, will be considered illegal. This provision raises serious concerns about government censorship and the potential for arbitrary restrictions on NGO activities. Urrunaga is seriously concerned because the law will eliminate the independence of the NGOs and Indigenous organizations.

International Condemnation and Potential Consequences

The passage of this law has drawn condemnation from international human rights organizations, who fear it could set a dangerous precedent for other countries in the region. The International Center for Not-for-Profit Law (ICNL) has analyzed the amendments, raising concerns about restrictions on freedom of expression and association. They point out that the APCI's ability to restrict activities of NGOs that it believes are not furthering national development policy and the public interest restricts the ability of organizations to express themselves freely. The organization may be impeded in their ability to advocate or otherwise express themselves.

The new regulations could also have significant consequences for Peru's international relations, potentially affecting the flow of foreign aid and investment. Concerns about human rights and the rule of law are increasingly factored into international partnerships, and the restrictions on NGOs could damage Peru's reputation and standing in the global community.

The approved regulation has smuggled in a provision that makes it a very serious offence for NGOs to take legal action against the state. In other words, defending or litigating cases of human rights violations of the victims of state crimes before national or international bodies becomes a prohibited and punishable activity. This constitutes a serious violation of the right to defence and to effective judicial protection. Under the new regulatory framework, non-governmental organisations that defend the fundamental rights of human rights victims, indigenous peoples and peasant communities could be sanctioned with fines of up to 400 UIT, which is equivalent to almost 2 million soles.

As Peru grapples with political instability and social unrest, the new law threatens to further undermine democratic institutions and silence critical voices. The coming months will be crucial in determining the full impact of the law and whether it will be used to stifle dissent or genuinely promote transparency and accountability.