Indigenous and civil society organisations send letter to OECD expressing concern over amendments to the APCI Law in Peru

This article was first published in Spanish on IDL.org

Representatives of twenty-nine civil society organisations, Peruvian Indigenous peoples' networks and international solidarity organisations have sent a letter to the Organisation for Economic Co-operation and Development (OECD), expressing their deep concern over recent amendments to Law 27692, known as the Law for the Creation of the Peruvian Agency for International Cooperation (APCI). These amendments, approved by the Foreign Affairs Commission of the Peruvian Congress on 5 June, are seen as a direct threat to the defence of human rights in the country. The letter was sent on 21 June 2024 by the Instituto de Defensa Legal (IDL), on behalf of the other organisations, to the OECD Secretariat, with copies to the national contact points of twelve OECD members.

Download and read the letter in English and Spanish

The signatories argue that the proposed legal amendments will result in the excessive regulation of organisations that receive international cooperation funding, allowing the state excessive and arbitrary control over those that defend human rights and promote improvements in public policy. The broad and imprecise language of the amendments could be used to prosecute NGOs under the pretext of oversight, and consider any "misuse" of international funds as a serious infringement without due process of law.

"These legal amendments allow the state to arbitrarily control organisations that defend the rights of excluded populations, seriously affecting the right to freedom of association and expression," the representatives say in the letter. In addition, they warn against the creation of a database of organisations involved in political activism, which could be considered illegal if international funding is used to try to reform public policies.

The letter underlines that these reforms come in a context of increasing restriction of civil society space in Peru, where NGOs and Indigenous organisations are stigmatised and criminalised for their work in defence of human rights. In this regard, AIDESEP, the national organisation of Amazonian indigenous peoples, has publicly condemned the amendments, describing them as a tool to dissolve organisations that denounce human rights violations.

Furthermore, the signatory organisations stress that the Peruvian state, in seeking accession to the OECD, should establish a commitment to individual freedom, democracy, the rule of law and the defence of human rights. The recent amendments to Law 27692 are anti-democratic and contrary to these principles.

In line with the position of several embassies and the UN Special Rapporteur on the rights of Indigenous Peoples, the organisations urge the OECD to call upon the Peruvian state to reverse these amendments in order to comply with the accession roadmap and ensure an environment that protects human rights.

Finally, the organisations announce that they will communicate these concerns to the main OECD companies operating in Peru and to the OECD National Contact Points, stressing that the amendments create an unfavourable context for compliance with the OECD Guidelines for Multinational Enterprises on Human Rights.