Peru passes legal critics to argue that it will hinder NGOs’ ability to defend human rights

Bogota, Colombia (AP) – Peru’s Congress has approved controversial reforms to the country’s international cooperation law that imposes enormous restrictions on civil society organizations on human rights groups.

The decision revised legislation passed in 2002 that established the Peruvian International Cooperation Agency (APCI) and regulated the supervision of international aid, but now expands the authority in the form of critics, threatening the independence and work of nonprofits.

Supporters of the decision say this increases transparency, but critics see it as a way to put pressure on human rights groups.

“Apart from the false argument of transparency, the law is not trying to make anything more transparent,” Peruvian human rights advocates told the Associated Press. “What it really aims to do is create an atmosphere of suppression and persecution.”

Rivera said he was particularly concerned about a provision that allowed nonprofits to provide legal action, advice, assistance or funding for any administrative or judicial case against the government, whether domestically or internationally.

“This is obviously one of the most unconstitutional things passed in Peru since the 1995 amnesty law, and perhaps the most unconstitutional thing,” Rivera said.

The Peruvian amnesty law of 1995 covers up human rights violations committed by military and police personnel during the internal conflict, including massacres, torture and enforced disappearances. Later, they were declared unconstitutional for violating judicial power and violating international human rights standards.

Rivera said the law could severely limit the judicial authority of indigenous communities because they rely heavily on legal support from nonprofits.

“From one day to another, they will not be able to manage their defenses… Nearly 100% of cases are handled by NGOs,” he said.

The Peru government did not respond to a request for comment.

Prior to the vote, right-wing MP Alejandro Munante made a stark criticism of nonprofits, claiming they were “not responsible to anyone, paid taxes and set the country’s political agenda.”

“NGOs do not operate in Peru, which is not true,” Julia Urrunaga, director of the Peru program at the Environmental Survey Bureau, told the Associated Press. “The APCI agency has been around for over 20 years, and NGOs operating in the country and receiving tax benefits have been reported to them.”

Urrunaga is “very concerned” as the law will eliminate the independence of NGOs and indigenous organizations.

“Under the bill, the Peruvian government will have the ability to review any activities of NGOs that they do not like, because under this new law, NGOs will have to propose their plans in advance to get pre-approval from the government,” she said. “Operation without such approval or taking action that has not been approved will be deemed illegal.”

Peru Program Coordinator Tom Younger said, “The reactionary law has imposed a severe blow to all efforts to defend human rights, human rights, the territory of life and the climate throughout Peru, but its consequences are wider given the strengthening of international authoritarian forces.”

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