- The recent approval of the "anti-NGO" law, which seeks to restrict the work of civil society, is an intolerable assault against human rights defenders.
- This blow, which contradicts the international treaties undertaken by Peru, are another example of the flagrant authoritarian drift of the Peruvian state.
Paris, 19 March 2025. The International Federation for Human Rights (FIDH) expresses its rejection of the recent approval by the Congress of the Republic of Peru, on 12 March 2025, of the bill known as the "anti-NGO law", which modifies the Law for the Creation of the Peruvian Agency for International Cooperation (APCI) with 82 votes in favor, 15 against, and 4 abstentions. FIDH urges the state not to promulgate the law and, if enacted, to revoke it, as it is contrary to the Constitution and international regulations.
The approved modification introduces provisions that seriously violate fundamental rights and essential democratic principles. In particular, the inclusion of Article 21.c.2 sanctions as a "very serious" offense the use of international technical cooperation resources to advise, assist, or fund legal actions, administrative procedures, or any actions against the Peruvian State.
This provision, which represents an alarming setback in ensuring access to justice, restricts the right of non-governmental organisations (NGOs) to legally assist vulnerable citizens and communities, preventing them from turning to international bodies when they believe the State has violated their rights. This leaves thousands of victims, supported by NGOs, unprotected.
FIDH reminds the authorities that the right to effective judicial protection is enshrined in Article 139.3 of the country’s Political Constitution. The prohibition of NGOs financing or participating in legal actions against the State also violates the principles of equality and non-discrimination, as it disproportionately hinders access to legal defense.
Furthermore, the requirement imposed on organizations registered with the APCI to submit their annual activity agenda for prior approval before carrying out any activities constitutes an unjustified restriction on the autonomy and freedom of action of NGOs. This prior control, combined with the APCI’s discretionary power to impose sanctions, undermines the independence of international cooperation and violates the right to freedom of association.
The consequences for potential non-compliance include warnings, fines equivalent to 730.000 dollars US, temporary suspension of benefits, and the definitive cancellation of registration in official records, with the possibility of judicial dissolution.
Additionally, the approved law stipulates that NGOs cannot engage in matters related to "the internal politics" of the country, leaving the APCI with the authority to define which actions or measures implemented under the framework of development aid conflict with this definition. This could result in actions such as monitoring public policies, strengthening organisations to exercise the right to mobilise or protest, among other similar measures, being interpreted as political actions and thus legally prohibited.
Moreover, FIDH warns that these modifications restrict the legitimate and fundamental work carried out by NGOs in the defense of human rights, weakening the democratic fabric and undermining the international commitments made by the Peruvian State, including the International Covenant on Civil and Political Rights and the American Convention on Human Rights.