Concerns are mounting over human rights in Peru following the approval of a stringent law targeting NGOs. This legislation, according to experts, could hinder vulnerable populations from seeking justice as it restricts civil society groups from pursuing legal actions against the state for human rights violations.
Peru's congress, which faces significant unpopularity, recently passed an amendment to an existing bill, pushing it through with 81 votes for, 16 against, and four abstentions. This amendment increases the authority of the Peruvian Agency for International Cooperation (APCI), enhancing its control over international aid in a manner that could compromise the autonomy of non-profit organizations.
This development is part of a broader pattern of government-supported measures that have rolled back civil and human rights and targeted press freedom in Peru, drawing international concern. Current polls indicate that both President Dina Boluarte and the congress have approval ratings below 5%.
Supporters of the law argue that it enhances transparency regarding funding for civil society and strengthens government oversight over foreign involvement in national affairs. Prior to the vote, Alejandro Aguinaga, a right-wing Fuerza Popular lawmaker, accused NGOs of misusing international aid for personal gain at the expense of Peru's poorest citizens. Aguinaga, a former health minister, has been accused of facilitating the forced sterilization of thousands of rural Indigenous women.
Carlos Rivera, who leads the Legal Defense Institute, a Peruvian NGO, described the legislation as "simply brutal." He warned that it could severely impact the legal defense of human rights abuse victims, nearly all of whom rely on NGOs for representation. The law imposes heavy penalties, up to $500,000, on NGOs that engage in legal actions against the government, both domestically and internationally.
Rivera compared the law to the 1995 amnesty laws, which were later deemed unconstitutional for violating justice rights and international human rights standards. These laws had previously shielded military and police personnel from prosecution for abuses during Peru's internal conflict from 1980 to 2000.
Julia Urrunaga, the Peru director at the Environmental Investigation Agency, refuted claims that NGOs lack accountability, asserting that they have been complying with APCI regulations for over two decades. She emphasized that the new law restricts the independence and freedom of civil society organizations to defend citizens' human rights.
The regional group representing Amazon Indigenous people, Orpio, criticized the law as a significant setback for fundamental rights and justice access for Indigenous communities. Given Peru's history of military rule, political instability, and corruption, civil society organizations have been crucial to the country's development.
Despite this, Peru's far-right has promoted the idea that USAid funds are politically motivated. In February, Donald Trump cut 83% of USAid's foreign aid programs. President Boluarte has also criticized NGOs, stating that human rights discourse should not be used to challenge state authority and undermine order.
Boluarte is currently under investigation for the deaths of nearly 50 individuals during anti-government protests in late 2022 and early 2023. Prosecutors also accuse her of accepting bribes in the form of luxury items, though she denies any misconduct.