Peru congress approves ‘anti-NGO bill’ hindering human rights lawsuits against government – JURIST
The Peruvian Congress approved Wednesday a controversial reform to the 2002 legislation that created the Peruvian Agency for International Cooperation (APCI) and oversees international aid. The amendment received widespread criticism from human rights organizations, alleging that it hinders the ability of civil society groups to sue the government for human rights violations.
The amendment expands the powers of the APCI. El Instituto de Defensa Legal condemned the approval of the law, arguing that the provision effectively bars NGOs from initiating legal action against the state. The group further stated that the prohibition is a serious violation of the right to legal defense and adequate judicial protection and a “reprisal” against those who fight for victims of abuse of power, corruption, and human rights violations. “The motto behind this law is one: to harass and persecute NGOs and silence those who defend human rights,” the group said in a statement.
The feminist organization DEMUS stated that the ultimate goal of the bill is to close NGOs because of their role in exposing the human rights abuses perpetrated by the regime.
Julia Urrunaga, Peru director at the Environmental Investigation Agency, said that the new law will also impact all civil society organizations that receive any form of legal, technical, or financial assistance, including community organizations, indigenous groups, local citizens’ associations, in addition to NGOs.
Whilst rights groups raise serious concerns over the increased governmental supervision of “foreign influence” in state affairs, supporters of the law claim that it enhances transparency in funding for civil society.
Even though Article 139 of the Peruvian Constitution, along with numerous other international human rights treaties to which Peru is a signatory, guarantees the right of everyone to access justice, the new law raises questions about the country’s respect for this right, as well as other human rights.
This is not the first time Peruvian legislation has generated concerns about access to justice in the country. In July 2024, the Peruvian Congress statutorily barred the prosecution of the crime against humanity that was allegedly committed before July 1, 2002. The Inter-American Commission on Human Rights criticized the law as limiting the right to access justice for victims of serious human rights violations.
