During the reporting period, OHCHR and special procedure mandate holders raised concerns about the law. Mandate holders noted that the law would prevent organisations, including human rights defenders, from advancing national and international advocacy actions (OL PER 4/2024). The law could also negatively impact the ability of civil society to engage with international human rights mechanisms, including the United Nations.

Specifically, Article 21(c) of the law classifies as a “very serious offence” the improper use of international cooperation funds, including their use “to advice, assist, or finance, in any form or manner, administrative, judicial or other types of actions in national or international instances against the Peruvian State.” Such “serious” and “very serious” infractions, are subject to penalties, including fines, of up to USD 700,000, suspension of activities, and cancellation of the organization’s legal registration, (Article 22).

Some civil society organizations that receive international cooperation funds have expressed serious concern about potential liability under the law for their engagement with United Nations human rights mechanisms and fear it could be used against those that provide legal representation to victims of human rights violations and/or submit cases and communications to United Nations international human rights mechanisms. Reportedly, the legislation could lead to reprisals and self-censorship and may deter individuals and organizations from seeking or continuing cooperation with the United Nations in cases involving human rights violations or abuses.

According to information received by OHCHR, the broadly defined infractions, and broad scope of the law create legal uncertainty and may enable discretionary application. The law also imposes additional administrative requirements on organizations receiving international cooperation funds. All such organizations must register with APCI, disclose plans, programs, and financial sources and obtain prior approval before implementing international cooperation-funded activities (Article 4.u, Article 5). APCI may also cancel an organization’s registration in cases of repeated “very serious infractions” (Article 22) and is authorized to report suspected misuses of funds to the Public Prosecutor’s Office, potentially triggering criminal investigations against organizations (Article 21).