BOGOTA, Colombia (AP) 鈥 Peru鈥檚 Congress has approved a controversial reform to the country鈥檚 international cooperation law which imposes sweeping restrictions on civil society organizations in a move human rights groups warn could cripple efforts to defend vulnerable communities and fight corruption.
The decision modifies legislation passed in 2002 which established the Peruvian Agency for International Cooperation (APCI) and regulates the oversight of international aid, but now expands the agency鈥檚 powers in ways critics say threaten the independence and work of non-profit organizations.
Supporters of the decision say it boosts transparency, but critics see it as a way to pressure human rights groups.
鈥淏eyond the false argument of transparency, the law doesn鈥檛 seek to make anything more transparent,鈥 Carlos Rivera, director of the Legal Defense Institute, a Peruvian human rights advocacy NGO, told The Associated Press. 鈥淲hat it really aims to do is create a climate of repression and persecution.鈥
Rivera says he is particularly concerned about a provision that makes it a serious offense for non-profits to provide legal action, advice, assistance, or funding for any administrative or judicial cases against the government, both nationally and internationally.
"It鈥檚 obviously one of the most unconstitutional things 鈥 perhaps the most unconstitutional 鈥 passed in Peru since the 1995 amnesty laws,鈥 Rivera said.
The 1995 amnesty laws in shielded military and police personnel from prosecution for human rights abuses committed during the country鈥檚 internal conflict, including massacres, torture, and forced disappearances. They were later declared unconstitutional for violating the right to justice and breaching international human rights standards.
Rivera said the law could severely restrict communities鈥 access to justice, as they rely heavily on legal support from non-profits.
鈥淔rom one day to the next, they won鈥檛 be able to manage their defenses 鈥 nearly 100% of cases are handled by non-governmental organizations,鈥 he said.
Peru's government did not respond to a requests for comment.
Ahead of the vote, right-wing congressman Alejandro Munante delivered a sharp critique of non-profits, claiming they 鈥渁re not accountable to anyone, do not pay taxes, and set the country鈥檚 political agenda.鈥
鈥淚t is not true that NGOs have been operating in Peru without any accountability,鈥 Julia Urrunaga, director of Peru Programs at the Environmental Investigation Agency, told the AP. 鈥淭he APCI agency has existed for the last over 20 years and the NGOs operating in the country and receiving tax benefits have been reporting to them with plenty of detail.鈥
Urrunaga is 鈥渟eriously concerned鈥 because the law will eliminate the independence of the NGOs and Indigenous organizations.
鈥淯nder the bill, the Peruvian government will have the capacity to censor any activities that they won't like from NGOs, given that under this new law NGOs will have to present their plans in advance to be pre approved by the government,鈥 she said. 鈥淥perating without such approval, or taking actions that have not been approved will be considered illegal.鈥
Tom Younger, Peru Programme Coordinator of the U.K.-based Forest Peoples Programme, said the 鈥渞eactionary law strikes a harsh blow against all of those struggling to defend human rights, territories of life and the climate across Peru,鈥 but that it "has much broader ramifications, given the strengthening of authoritarian forces internationally."
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Steven Grattan, The Associated Press