The International Bar Association’s Human Rights Institute (IBAHRI) has recently expressed significant concerns regarding Peru’s legislative amendments that enhance the powers of its Peruvian Agency for International Cooperation (APCI). The IBAHRI warned that these amendments could lead to arbitrary enforcement and potential stigmatization of non-governmental organizations (NGOs) engaged in human rights activities. According to the IBAHRI, these changes threaten NGOs’ ability to provide legal assistance to victims, thereby undermining access to judicial protection.
The specific adjustments to the APCI include mandatory prior approval for NGO activities and an increase in the agency’s discretionary powers regarding authorization. Moreover, the amended law, specifically Article 21, prohibits NGOs from financing actions against the Peruvian state, even in cases related to human rights. The IBAHRI argues that these measures conflict with international legal standards, citing the International Covenant on Civil and Political Rights and the American Convention on Human Rights.
The rationale offered by the Peruvian government for these amendments was to “strengthen” the APCI’s role. However, organizations such as Amnesty International have criticized the legislation, stating that it undermines the fundamental freedoms of NGOs operating in the region. Other international bodies have echoed these concerns, emphasizing the potential impact on freedom of association and expression, as well as the procedural rights of NGOs.
Additional scrutiny comes from the International Center for Not-for-Profit Law (ICNL). According to the ICNL, the amendments add to the challenges NGOs face, including financial instability and tense relations with the government. They highlight the new reporting and registration requirements, vague definitions of prohibited acts, and severe penalties for non-compliance as particularly troubling aspects.
The situation in Peru has not gone unnoticed internationally. The United Nations has expressed its disapproval, pointing out that the legislation could foreshadow a move toward authoritarianism by stigmatizing civil society. Furthermore, a joint statement by the embassies of the US, UK, and EU in Peru highlighted concerns about how these amendments could stifle the operational environment for civil society organizations.
The IBAHRI continues to call on the Peruvian government to repeal the amendments and engage in dialogue with civil society, reiterating the importance of upholding international human rights law.