International Bar Association raises concern over Peru restrictions on NGO activity – JURIST
The International Bar Association’s Human Rights Institute (IBAHRI) on Thursday expressed criticism and concern over Peru’s decision to enhance the scope and powers of its Peruvian Agency for International Cooperation (APCI), which will impact the rights and activities of non-governmental organizations (NGOs).
The IBAHRI warned that the recent amendments to the APCI “risk the possibility of arbitrary and politically motivated enforcement,” potentially leading to NGOs that work on human rights issues being stigmatized and persecuted. The institute outlined that Article 21 of the consolidated bill prevents funding for any actions against the Peruvian state, even in human rights proceedings.
The institute stated: “Restrictions on NGOs’ abilities to provide legal assistance to, or support litigation for, victims of human rights violations in claims against the Peruvian state undermine the right to access effective judicial protection and remedies.”
The IBAHRI also emphasized that the changes are incompatible with the International Covenant on Civil and Political Rights and the American Convention on Human Rights. The institute called on “the Executive to repeal the amendments” and the Peruvian government to “engage in meaningful dialogue with civil society” and others to ensure that it “upholds international human rights law.”
The APCI was created in 2002 through a legislative decree, known as Law 27692, for the purpose of regulating international cooperation relating to Peru. The APCI registers and regulates NGOs working with international bodies, maintains transparency on how resources, such as foreign aid, are utilized, and sustains relationships between international bodies and Peru’s Ministry of Foreign Affairs.
In March, Peru approved amendments to Law 27692 that would broaden the scope of APCI’s powers, aiming to “strength[en] its work.” Amnesty International was critical of the move, expressing concern that the amendments undermine the work of NGOs and infringes on fundamental freedoms.
The changes included mandatory prior approval for NGO activities, permission for the APCI to have discretion on authorization, a prohibition on legal actions against the state, increased reporting and registration requirements, broader and vaguer definitions of “acts that adversely affect public order,” and severe penalties for non-compliance.
According to the International Center for Not-for-Profit Law (ICNL), NGOs already struggle in finding “financial and long-term stability. The ICNL further said that frequent corruption, “coupled with a politically-left NGO community, has led to frequent tensions between NGOs and and the government and crackdowns on NGO activity for several decades.” The ICNL provided an analysis of the amendments, highlighting their particular impact on the right to contract, the freedom of association, the right to privacy, the freedom of expression, and the impact of punitive sanctions.
The UN also expressed concern on Thursday about the approval of the amendments, stating that “the use of narratives” to stigmatize “civil society and social movements … heralds authoritarianism.” The US, UK, and EU embassies in Peru issued a joint statement in June 2024 expressing that the amendments could limit civil society’s ability to operate in a conductive environment.
