Peru: IACHR expresses serious concern over articles of the law modifying the international cooperation agency

May 12, 2025

Washington DC - The Inter-American Commission on Human Rights (IACHR) expresses its serious concern about the articles of the law that modify the Peruvian Agency for International Cooperation (APCI) in Peru, specifically in the precepts that through the need for prior authorization to carry out projects could create obstacles to civic space and freedom of association, by expanding new administrative requirements that could be disproportionate; therefore, they urge the State to review and adapt the law to the Inter-American normative framework.

On April 14, 2025, the National Government enacted Law No. 32301, which amends the Law of the Peruvian Agency for International Cooperation (APCI), in charge of supervising, controlling and overseeing international technical cooperation managed by the State. The new regulation establishes that this agency has the function of registering the "projects, programs or activities", including their objectives, amounts, financing sources and the execution of the expenditure with international cooperation resources; as well as the requirement to obtain prior approval from the APCI to carry out activities and operations. Because these regulations create the same obligation to register by entities that manage international technical cooperation without the participation of State agencies, these requirements could be disproportionate, constitute an obstacle to the functioning of human rights defender organisations, and affect freedom of association and expression.

The State indicated to the Commission that this regulation is a technical coordination mechanism to ensure that international cooperation projects respond to national priorities, which also seeks to lighten the existing administrative burden. At the same time, it indicated that the implementation of the amendments to the law still depends on a regulation, which has a 90-day deadline

It is of particular concern that the regulatory text establishes sanctions for the "improper use" of resources and donations to "advise, assist or finance" administrative, judicial or any other type of actions, both nationally and internationally, against the Peruvian State, i.e., any manifestation against the Peruvian State could be subject to sanctions, even in claims that may constitute defense of human rights. According to the organizations, this could have a direct effect on the complaint, the legal defense and the right of access to justice of the victims in cases of human rights violations against the Peruvian State both at the national level and before the Inter-American Human Rights System, in contravention of the compliance with the international obligations voluntarily contracted in the treaties to which Peru is a party in the field of human rights.

In this context, the Commission expresses its concern about the information received from civil society organizations, including indigenous peoples, women's and LGBTI defenders, as well as representatives of victims and relatives of serious human rights violations, regarding the impact that the implementation of this new law would have on their human rights activities, including the possibility of losing their legal representation.

The State indicated that the rule does not seek to prevent the legitimate defense of rights or access to justice, but rather to ensure that international cooperation funds are used for their intended purposes, which should focus on institutionally strengthening the justice system and not directly financing litigation against the State through NGOs. He emphasized that the norm does not restrict legal actions that do not use such funds

In addition, the law contains severe sanctions, including the cancellation of the registration of organizations, which, according to information received by the IACHR, could affect their financial sustainability, including media outlets, which depend to a large extent on international cooperation. For its part, the State indicated that the cancellation of registration only restricts access to cooperation funds and only proceeds in the event of repeated very serious misconduct.

The IACHR notes the statements made by the Executive during the enactment of the law, in which he stated that its objective is to "put under review" organizations that act against the interests of the country, "sowing hatred and attacking" the system. The Commission recalls that such statements foster a climate of hostility that hinders the legitimate exercise of freedom of association and the defense of human rights.

The free and full enjoyment of freedom of association imposes on States the duty to create the legal and factual conditions for defenders, media and journalists to carry out their work, including the definition of their internal structure, activities and programs. The IACHR has indicated that, although the obligation to guarantee the right of association does not prevent them from regulating the registration, oversight and control of organizations within their jurisdictions, in accordance with the right to associate, they must ensure that the legal requirements do not prevent, delay or limit the creation or operation of the organizations. They should also promote and facilitate their access to cooperation funds and refrain from restricting their means of financing.

Laws regulating the registration of organizations should not give authorities discretionary powers or use ambiguous language that unduly limits the right of association. In addition, information requirements should not exceed the limits of confidentiality necessary for their freedom of action and independence. In this sense, there should be instances of consultation and participation in the governance of the oversight bodies of this type of entities.

The State reaffirmed its commitment to the protection and promotion of human rights, including respect for freedom of association, expression and access to justice. It emphasized that it does not intend to stigmatize or persecute non-governmental organizations, but rather seeks to strengthen transparency and accountability in the use of resources from international cooperation

The Commission reiterates the role of freedom of association as a fundamental tool for human rights defenders to fully and completely carry out the work of defending human rights, which is fundamental for the strengthening and consolidation of democracies, since through it they exercise the necessary citizen control over public officials and democratic institutions.

This legislative change adds to a series of actions promoted by Congress that could mean serious setbacks in the protection of human rights in Peru. The IACHR calls on the Peruvian State to repeal the articles of the approved reform that are contrary to Inter-American standards on freedom of expression and association, as well as access to justice.

The IACHR is a principal and autonomous body of the Organization of American States (OAS), whose mandate stems from the OAS Charter and the American Convention on Human Rights. The Inter-American Commission has the mandate to promote the observance and defense of human rights in the region and acts as an advisory body to the OAS on the matter. The IACHR is made up of seven independent members who are elected by the OAS General Assembly in their personal capacity, and do not represent their countries of origin or residence.

No. 098/25

9:00 AM