The International Bar Association's Human Rights Institute (IBAHRI) expresses concern regarding amendments to Law 27692 on the creation of the Peruvian Agency for International Cooperation (APCI), which were promulgated by the Executive on 14 April 2025.
On 12 March 2025, the Peruvian Congress passed a consolidated bill that expands the APCI's oversight and enforcement powers over international cooperation implemented by non-governmental organisations (NGOs) and other entities. These include increased administrative and reporting burdens, mandatory prior APCI approval for implementation of plans, programmes, projects and activities, and expanded sanctions for non-compliance.
The amendments, which include undefined and/or ambiguous language, fail to fulfil the requirements of legal certainty, necessity, proportionality and due process before an independent tribunal; all of which are essential safeguards for restrictions on freedom of assembly. The amendments risk the possibility of arbitrary and politically motivated enforcement, which could lead to stigmatisation and persecution of, and a resulting chilling effect on, organisations - particularly those working on human rights issues.
Furthermore, Article 21 of the consolidated bill classifies the use of international cooperation funds to, inter alia, 'advise, assist, or finance, in any form or manner, administrative, judicial, or other types of actions in national or international instances against the Peruvian state' as a 'misuse' and thus a 'very serious infringement'. This prohibits organisations from using international cooperation funds to provide legal assistance or support litigation in cases against the Peruvian state, including before international and regional human rights mechanisms.
Article 22 grants the APCI broad discretionary power to sanction organisations, including through fines of up to approximately US$720,000 and suspension or cancellation of registration. Article 21 also authorises the APCI to report 'very serious infringements' to the Public Prosecutor's Office, potentially triggering criminal investigations.
Restrictions on NGOs' abilities to provide legal assistance to, or support litigation for, victims of human rights violations in claims against the Peruvian state undermine the right to access effective judicial protection and remedies. Such measures perpetuate impunity and exacerbate existing inequalities in the enjoyment of the right of access to justice, as they disproportionately affect marginalised and vulnerable groups, who often rely on NGOs' support to navigate national and international legal systems.
Under the International Covenant on Civil and Political Rights (ICCPR) and the American Convention on Human Rights (ACHR), Peru has an obligation to respect and guarantee, inter alia, the right to freedom of association (Article 22, ICCPR; Article 16, ACHR) and the rights to effective judicial protection and remedy (Article 2(3), ICCPR; Article 25, ACHR).
While acknowledging the Peruvian Congress' stated objective to enhance transparency and accountability in international cooperation, the IBAHRI:
- urges the Executive to repeal the amendments to the APCI Law; and
- encourages the Peruvian government to engage in meaningful dialogue with civil society, legal experts and regional and international human rights bodies to ensure that legislation on international cooperation upholds international human rights law and standards and the effective exercise thereof.
