In Bogota, Colombia, a contentious reform to Peru’s international cooperation law has been passed by the country’s Congress, sparking significant debate. The reform involves imposing stringent restrictions on civil society organizations, in what human rights groups argue could hinder efforts to support vulnerable communities and combat corruption.
This legislative change affects a law originally implemented in 2002, which established the Peruvian Agency for International Cooperation (APCI) for overseeing international aid. Critics are concerned that the expanded powers granted to this agency threaten the independence and functionality of non-profit organizations.
Proponents assert that the revised law enhances transparency, while opponents view it as an attempt to exert pressure on human rights groups. Carlos Rivera, the director of the Legal Defense Institute, a prominent Peruvian human rights advocacy NGO, expressed his concerns. He mentioned that despite claims of transparency, the true intention is to foster a repressive and persecutory environment.
Rivera highlighted a worrying clause in the law that criminalizes non-profits providing legal aid or funding for cases against the government on both national and international stages. He described this as potentially the most unconstitutional law since Peru’s 1995 amnesty laws, which shielded military and police personnel from human rights abuse prosecutions during Peru’s internal conflict but were later deemed unconstitutional.
Indigenous communities, who rely significantly on legal support from non-profits for justice, could face challenges due to this law. Rivera emphasized that nearly all cases involving Indigenous people are managed by non-governmental organizations and this sudden change could thwart their defense efforts.
The Peruvian government has yet to respond to inquiries regarding this legislative decision.
Before the voting took place, Alejandro Munante, a right-wing congressman, criticized non-profits, accusing them of evading accountability and influencing the national political agenda without taxation. However, Julia Urrunaga, who leads Peru Programs at the Environmental Investigation Agency, refuted these claims, pointing out that NGOs have been compliant with APCI’s reporting requirements for over two decades.
Urrunaga expressed grave concerns about the potential impact on the independence of NGOs and Indigenous groups. The law mandates that all NGO plans must receive government approval prior to execution, granting the state the power to suppress any undesired activities.
Tom Younger, the Peru Programme Coordinator at the U.K.-based Forest Peoples Programme, lamented the law as a setback for those defending human rights and environmental causes in Peru. He added that this development might have wider implications due to the rise of authoritarianism globally.
