On a pivotal Wednesday, the Peruvian Congress adopted an amendment to the 2002 legislation governing the Peruvian Agency for International Cooperation (APCI), generating significant backlash from human rights advocates. This reform, critics argue, obstructs civil society’s capacity to pursue legal actions against government misconduct. The amendment notably broadens the remit of the APCI, potentially curtailing accountability efforts in human rights cases.
El Instituto de Defensa Legal expressed severe condemnation, stating that the new provision effectively prohibits NGOs from challenging state actions in court. They emphasised that this undermines the right to legal counsel and judicial protection, labelling it a punitive measure against those advocating for victims of governmental overreach and human rights breaches. “The motto behind this law is one: to harass and persecute NGOs and silence those who defend human rights,” they articulated.
The feminist organisation DEMUS warned that the bill’s true intention is to dismantle NGOs due to their role in unveiling rampant human rights abuses by the ruling regime. Julia Urrunaga, the Peru director at the Environmental Investigation Agency, highlighted that the ramifications of this law extend beyond NGOs, affecting all civil society organisations receiving legal or technical assistance, especially community and indigenous groups.
Amidst claims from the law’s supporters that it will foster transparency in funding, rights groups express alarm over the potential suppression of external influence in governmental matters. Despite Article 139 of Peru’s Constitution pledging access to justice, the newly enacted law provokes concerns regarding the nation’s commitment to safeguarding this and other human rights.
Peru’s legislative landscape has a history of raising access-to-justice dilemmas. A prior law, established in July 2024, barred prosecutions for crimes against humanity committed before July 1, 2002, drawing criticism from the Inter-American Commission on Human Rights, which argued it obstructed justice for victims of severe human rights violations.
The Peruvian Congress has approved a reform limiting the ability of NGOs to sue the government for human rights violations. This amendment broadens the powers of the APCI and has been condemned by various human rights organisations as a breach of legal rights. Critics argue it effectively silences voices against government abuses, while supporters claim it enhances funding transparency. The bill raises concerns about Peru’s commitment to human rights despite constitutional guarantees for justice access.
The passage of the controversial anti-NGO bill in Peru has raised significant alarms regarding the future of human rights advocacy in the nation. With calls from various organisations decrying the law as a tool for oppression, the implications for civil society are profound. As the Peruvian government bolsters control over NGOs, the fundamental right to seek legal recourse against human rights violations faces stark peril, echoing longstanding fears about justice and accountability in Peru.
Original Source: www.jurist.org
