Peruvian Congress Moves to Restrict Indigenous and Civil Society Organizations

A new legislative proposal could harm fundamental rights and silence NGOs fighting for Indigenous rights in Peru.

The Peruvian Congress has initiated legislative actions that threaten to restrict and criminalize the work of Indigenous and civil society organizations dedicated to defending fundamental rights.

The Committee on Foreign Relations recently approved opinions on several bills to amend Law No. 27692, which established the Peruvian Agency for International Cooperation (APCI). These legislative actions could impose sanctions and restrictions on organizations formally registered under the APCI, hindering their advocacy and protection efforts.

The proposed amendments have been condemned by various Indigenous and human rights groups, both locally and internationally. 

"The legislative proposal represents a serious risk to the fundamental rights of freedom of association and assembly, expression, and participation recognized in the Political Constitution, as it aims to criminalize and silence organizations when we defend our positions on the protection of the rights of Indigenous Peoples in the media,” said a statement by the Inter-Ethnic Association for the Development of the Peruvian Jungle (AIDESEP), one of Nia Tero’s Indigenous partners representing 2,439 Indigenous communities, 109 federations, and nine regional organizations.

If enacted, these legislative changes would give the government the power to sanction organizations fighting for Indigenous rights and more, potentially leading to abuse and arbitrariness.

“What this bill seeks is to neutralize NGOs that support social protests and mobilization, thereby suppressing any critical voices regarding the way power is being exercised,” wrote Juan Carlos Ruiz Molleda, a human rights lawyer at Instituto de Defensa Legal (IDL). “A primary critique of this opinion is that it uses ambiguous and indeterminate legal concepts when establishing the grounds for serious infractions by NGOs.” 

Escalating Stigmatization of Indigenous Activism

Indigenous Peoples in Peru have historically faced challenges in defending their lands, cultures, and rights. The amendments could limit their ability to defend their territories against illegal activities such as mining, logging, and other forms of environmental degradation.

Domestically, a coalition of civil society and Indigenous organizations has mobilized to oppose the legislative move and seek international support.

“The continued challenges faced by Indigenous Peoples in Peru underscore the necessity of long-term support. Such support is essential to enhance their ability to effectively advocate for their rights, territories, and resources while ensuring these same rights are respected at national and regional levels,” said Nia Tero's Representative in the Andes Amazon, Joel Cerda (Kichwa, Ecuador).

The Peruvian coalition has reached out to international bodies, including the Organisation for Economic Co-operation and Development (OECD), to denounce the growing stigmatization of their work in Peru.

“We call on international bodies such as the Inter-American Commission on Human Rights, the United Nations Special Rapporteur on the Rights of Indigenous Peoples, and others, as well as national Indigenous organizations, the media, and society at large to remain vigilant in the face of this new blow from Congress, which adds to other measures that threaten human rights and the defense of the Amazon,” the AIDESEP statement said.

The UN Special Rapporteur on the Rights of Indigenous Peoples, José Francisco Calí Tzay, has warned that the proposed legislation violates the rights of Indigenous communities and could have serious repercussions on their ability to protect their lands and cultures. This legislative action undermines Peru's international commitments to uphold Indigenous rights, including those outlined in the United Nations Declaration on the Rights of Indigenous Peoples.

The international community has also expressed concern. The United States Ambassador to Peru, Stephanie Syptak-Ramnath, highlighted the role of strong NGOs in supporting democratic governance and human rights, stating, "We cannot do our work here without strong NGOs that can operate freely". 

Nia Tero is committed to working alongside Indigenous Peoples in the Amazon to strengthen, amplify, and maintain guardianship of 69 million hectares of thriving territories. Through long-term trusted partnerships, Nia Tero supports 36 Indigenous organizations and their trusted allies in exercising their territorial rights, bolstering governance of their communities, and asserting their own vision of well-being.