Peru: Enacted law hinders freedom of expression and association and jeopardizes access to justice for victims

Amnesty International rejects the recent enactment of the law that modifies the creation of the Peruvian Agency for International Cooperation (APCI), a norm that violates freedom of expression, freedom of association and access to justice for hundreds of victims in Peru.

On the grounds of seeking to strengthen the work of the APCI, this law proposes undue control over the work of civil society organizations, which leaves the door open to arbitrary decisions, discretionality and the censoring of voices that are critical of and inconvenient for those in power, and can undermine the accountability of the state.

During the act marking the enactment of this law, President Dina Boluarte declared that it would “place under comprehensive review a minority of NGOs that act against the interests of our country, sowing hatred and attacking our system”.

“We are concerned that the president of Peru is enacting a norm that is contrary to human rights, as well as the language used in the announcement. The highest authority in the country is sending a message that it will not accept criticism or dissenting voices, in a discourse that is contrary to freedom of expression and any voice considered critical of state policies and decisions. It is unfortunate that the president should publicly stigmatize civil society organizations,” said Marina Navarro, director of Amnesty International Peru.

Civil society organizations are already subject to permanent monitoring and oversight procedures, which is essential for transparency in their work. However, the excessive control proposed under the approved amendment, given the discretionality that public officials will be able to exert over the work of human rights organizations, can promote self-censorship and unduly limit the issues and strategies these organizations work on.

Amnesty International also expresses its concern about the access to justice of hundreds of victims of human rights violations, since the law establishes as a “very serious” offence the use of development funds to advise, finance or assist administrative or judicial actions in national or international instances against the Peruvian state. This measure, in addition to undermining the right of access to justice for those who cannot afford the costs associated with lengthy and onerous legal proceedings, may result in the imposition of sanctions that lead to the closure of organizations and undermine the right to defend human rights.

“We would like to point out once again that the reduction of civic space puts many advances made in human rights at risk. Civil society organizations can serve as a counterbalance when the state violates human rights, as they make injustices visible, defend and assist people in need, and propose concrete solutions with expert knowledge based on experience,” said Ana Piquer, Americas director at Amnesty International.

The organization urges the authorities to repeal this norm and respect the international human rights treaties to which Peru is a party.