PERU: AMENDMENT OF THE APCI LAW PAVES THE WAY FOR IMPUNITY

On the grounds of seeking to strengthen the work of the APCI, the law undermines civic space, which is essential for citizen engagement, accountability of authorities and justice, as it increases undue control over the work of civil society organizations and leaves the door open to arbitrary restrictions, discretionality and censorship

Amnesty International expresses its objection and concern for the recent approval of the ruling amending Law 27692, a law that established the Peruvian Agency for International Cooperation (APCI), as it threatens Peru’s civic space and unduly restricts the rights of association, freedom of expression and access to justice. 

On the grounds of seeking to strengthen the work of the APCI, the law undermines civic space, which is essential for citizen engagement, accountability of authorities and justice, as it increases undue control over the work of civil society organizations and leaves the door open to arbitrary restrictions, discretionality and censorship. It is important to note that civil society organizations already have to provide accountability and are subject to regular monitoring and oversight procedures. Amnesty International recognizes the importance of these procedures but questions the discretionary nature that they could have under the provisions of the recently approved norm.  

“Any work carried out by civil society organizations using international development funds will have to be approved in advance by the state, leaving decisions at the discretion of the authorities. This could even lead to organizations who are critical of the authorities being removed from the APCI register,” said Marina Navarro, Executive Director of Amnesty International Peru.  

Any work carried out by civil society organizations using international development funds will have to be approved in advance by the state, leaving decisions at the discretion of the authorities. This could even lead to organizations who are critical of the authorities being removed from the APCI register

Marina Navarro, Executive Director of Amnesty International Peru

Among other issues, this law could threaten access to justice. By classifying as a “very serious” offence the use of development funds to “advise, support or finance, in any form or modality, administrative, judicial or other actions in national or international instances against the Peruvian state”, the right of Peruvians and the entire population to access justice is jeopardized.  

“This law hinders access to justice for victims of various human rights violations in Peru – such as state repression, environmental pollution or violence against women – who in the past have been able to access justice with the support of civil society organizations. The law fuels impunity for authorities who violate human rights”, stated Ana Piquer, Americas director at Amnesty International.    

This law hinders access to justice for victims of various human rights violations in Peru – such as state repression, environmental pollution or violence against women – who in the past have been able to access justice with the support of civil society organizations. The law fuels impunity for authorities who violate human rights   

Ana Piquer, Americas director at Amnesty International    

The organization warns that this norm could have a negative impact on the accountability and transparency of the state and pave the way for impunity. 

We therefore urge the Executive not to approve and observe this norm, on the grounds that it violates human rights. We also urge them to respect the international human rights treaties to which Peru is a party, such as the International Covenant on Civil and Political Rights and the American Convention on Human Rights, which guarantee the right to freedom of association and expression, as well as the right to participate in public affairs