APCI law unprotected populations at risk and victims, while encouraging impunity and restricts freedoms

In a special ceremony in Government Palace, on April 14, Dina Boluarte promulgated Law 32301 that expands the powers of the Peruvian International Cooperation Agency (APCI) as if it will be a historical act that will transform Peru and take it along the path of development, social peace and public tranquility. Nothing of the sort.

That day the count of violent deaths at the hands of the hired The Republic He reported more than 10 murders. The actions of criminal organizations that the Government and their allies in Congress refuse to face for fear and complicity, follows peruvianly. While that happens in the streets, Boluarte and the alliance of Popular ForceFree Peru, Alliance for Progress and Popular renewal They are more interested in controlling institutions and silencing any different voice that questions their political objectives: perpetuating themselves in power.

Let’s see. The government alliance headed by Boluarte states that the Law 32301 It aims to “supervise the use of international cooperation funds, promoting transparency, accountability and defense of national interest.”
However, when reviewing the norm, what is intended is a control of any organization that receives international financial support. This includes, above all, non -governmental organizations (NGOs), but also to any other institution, such as independent journalistic portals that receive funds from international cooperation.

There is concern at the UN for anti -democratic practices

These institutions, from Law 32301, cannot do anything without the prior, real and posterior authorization of APCI, which receives support from the Sunat and the Financial Intelligence Unit (FIU). Any departure from the objectives posed by the Government, through APCI, can generate fines of up to 2.6 million Soles, suspension and dissolution. In addition to criminal and civil complaints.

The situation is so serious that it has generated international concern, because what is being done repeats anti -democratic practices that have been seen in Nicaragua or Venezuela. The head of the UN Human Rights Office, Volker Türkhe asked the Peruvian government to respect their obligations of international law and provide and protect a conducive environment in which civil society can play its role.

Law 32301 “contains elements that could improperly restrict freedom of association, with disproportionate administrative requirements and the need for prior approval for projects,” said the spokeswoman for the UN human rights office, Liz Throssell. “We are also deeply concerned that the law restricts access to justice, especially affecting people in greater situation of vulnerability and poverty, since it qualifies the use of international cooperation funds for legal assistance in cases against the Peruvian State as a very serious infraction, sanctionable with strong fines or even the cancellation of the registration,” said the aforementioned Office of the United Nations.

RISKS FOR DEVELOPMENT

Law affects the most vulnerable populations

In the same way, the UN special rapporteur on the freedom of peaceful and association has been spoke, Gina Romeror, with the support of Ben Saulspecial rapporteur on the fight against terrorism; Irene Khanspecial rapporteur about freedom of opinion and expression and Mary Lawlorspecial rapporteur on human rights defenders.

“The modifications proposed to the APCI generate risks of undue interference in the structure and internal functioning of non -governmental organizations (NGOs),” said Gina Romero. “The way in which the government announced the signature and approval of the modifications is worrying,” he added. Romero stressed that transparency is erroneously equated with improper and excessive control of cooperation and social organizations, seriously restricting the right to freedom of association.

Before the promulgation of the new law, the president of the Foreign Relations Committee of the US SenateU, Ben Cardin, and the president of the Subcommittee of the Western Hemisphere, Tim KaineThey warned that the modifications to APCI law affect democracy. Embassies from 16 countries in Lima, including the United States, have criticized state control in cooperation.

The Foundation for due process (DPLF), the Center for Justice and International Law (CEJIL) and the Washington office for Latin American Affairs (WOLA) in a statement aimed at the Presidency, expressed concern about the recent reforms to the APCI creation law. After reviewing the law promulgated by Boluarte, these organizations find that an excessive prior control of any international cooperation activity is established and when establishing the possibility of a sanction, a prior censorship scheme is configured.

In addition, discretionary sanctioning powers without legal basis are established, the defense of Human rights is criminalized and the possibility of a solution without judicial control is established, violating the Constitution and international standards. “The application of these regulations could negatively affect Peru’s advances in accession to the Organization for Economic Cooperation and Development (OECD), which demands “an open government that promotes and protects civic space,” experts warned.

Unconstitutionality demands

Internal level they have ruled against the Lima Bar Association, the National Human Rights Coordinatorthe National Association of Centers, The Regional Organization of Indigenous Peoples of the East (Orpio) and various associations and NGOs. “With this law, any organization that questions the Executive or Legislative would be threatened with censorship. A dangerous door to arbitrariness and institutional silencing opens,” warned the dean of the Lima Bar Association, Raúl Canelo.

“The NGOs are supervised, audited. The APCI platform is accessible to citizens, one can enter and verify which project is being subsidized and how long it is executed, how much financing is receiving … all that is public information. Here an attempt to fade and eliminate the organizations of Human Tania Pariona.

The most worrisome, in the opinion of the experts, is that by limiting or outlawing the work of the NGOs, the harmful main ones end up being the victims of human rights violations and vulnerable populations that will not have resources or support to access justice. He Bar Association and social organizations will resort to the TC in search of such law being unconstitutional.

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