CIVICUS discusses a proposed NGO law in Peru with Susana Chávez, Director of Advocacy at PROMSEX, a Peruvian feminist organisation that promotes autonomy, dignity, justice and equality in decisions about sexuality and reproduction.

The Peruvian Congress is currently considering a bill that seeks to increase control over civil society organisations (CSOs) that receive international funding. The proposal seeks to classify some organisations as engaged in political activism, thereby restricting their activities on the grounds of protecting internal security. Civil society warns that this legislation could be used to silence critical voices and affect work on human rights, Indigenous issues and scrutiny of the government, and has said it will take legal action if it’s passed.

What changes would the new NGO law introduce and what would be its impact?

If ratified by Congress, the law would introduce significant changes that would affect people’s participation and the functioning of CSOs.

At present, CSOs are subject to strict control mechanisms. Our income is fully banked, reported to the tax authorities and monitored by the Peruvian Agency for International Cooperation (APCI), which ensures that projects comply with national regulations.

The bill proposes to create a special register for organisations allegedly involved in ‘political activism’, imposing additional controls whose scope is not clearly defined. It also seeks to prohibit any kind of agreement between CSOs and the state, which would affect essential activities such as training, educational workshops and institutional strengthening projects. In addition, it would allow legislative intervention in the APCI, which is the responsibility of the executive, violating the separation of powers.

The proposed measures would particularly affect organisations working in areas that are sensitive, that affect specific population groups, such as environmental issues, or in situations that affect the quality of democracy, such as the issue of electoral transparency, or that violate human rights, particularly sexual and reproductive rights. The measures would allow authoritarian governments to restrict their work and silence critical voices.

What’s the motivation behind this attempt to restrict civil society?

In recent decades, government institutions have gradually deteriorated. Many CSOs have denounced arbitrariness, inadequate appointments of officials and corruption in decision-making. These criticisms have made those in power uncomfortable, so they are now trying to limit our ability to act.

The role of civil society in defending human rights has also been a key factor. We have denounced the violations that occurred during internal armed conflict, the massacres and forced sterilisations of the 1980s and 1990s, and the more than 50 deaths that happened during recent protests against the current government, as well as sensitive situations such as the denial of the right to therapeutic abortion, which seriously endangers the health and lives of women, particularly girls who are victims of rape. Our criticisms reveal serious shortcomings in the protection of civil rights, which undoubtedly causes discomfort in the parts of the government that seek to restrict us.

We have also been subjected to intense smear and disinformation campaigns. We are accused of profiting from poverty, promoting foreign agendas and defending interests contrary to the state. These narratives are designed to delegitimise us and justify the restrictive measures they want to impose on us.

How are you working to prevent their adoption?

Despite the challenges, civil society is not alone in this fight. Although Congress has a majority to pass the law, support from the international community and pressure from the CSOs potentially affected have been crucial in stopping it. Otherwise, this initiative would have been passed in July 2024.

Although we have faced an intense negative campaign, we have also found allies in embassies, international organisations and international cooperation agencies who recognise that these measures are similar to those already passed in countries such as Brazil, Nicaragua and Venezuela, where they’ve weakened democracy.

If the law is passed, we will use national and international legal mechanisms to challenge its constitutionality and compatibility with international treaties. In the meantime, we will continue to strengthen civil society networks to defend our rights and protect civic space.

What more can the international community do to support civil society in Peru?

International support is essential because human rights transcend borders. We need this support to defend our democracy. Since we have not found justice domestically, we’ve had to turn to international bodies to demand that the Peruvian state fulfil its human rights obligations.

The support we receive from international networks, both in terms of diplomatic advocacy and capacity-strengthening support for our organisations, is essential not only to protect CSOs but also to safeguard democracy and civic space.