Wendy Ancieta (ELP 2024) | Legal Advisor, Peruvian Society for Environmental Law, Peru
This past April, I had the opportunity to participate in the IX Regional Forum of Business and Human Rights, in São Paulo, Brazil. I had the honor to speak on a panel about the importance of guaranteeing the participation of citizens in the government decision making process, and companies’ due diligence processes. Sadly, my participation was bittersweet.
A few weeks ago, before my trip to Brazil, the Congress of Peru passed a bill supposedly meant to “better regulate” the role of Non-Governmental Organizations (NGOs) that receive international financial support. According to the supporters of the bill, NGOs need more and better oversight. Nevertheless, the new law has provisions that censor, limit and hinder the labor of NGOs.
One of the provisions establishes that NGOs are forbidden to use international financial support to advise, assist, or finance any type of legal action against the government, whether in national or international jurisdiction. If NGOs do not comply with this, they could lose their permits to operate in Peru. Another establishes that the Peruvian Government must approve any plan, project, or activity that will be done with international funding. The punishment for not complying with this rule could also be the loss of their permits.
Many NGOs around the world have worked relentlessly in defense of human rights, whether they expose cases of rights violations or take the legal defense of victims that cannot afford to pay for legal fees. NGOs are also well known for their technical experience in several topics such as environmental issues. Their contribution to the construction of a better society is undeniable. It’s also well known that NGOs are mostly financed by international cooperation, and limiting this funding directly affects their activities.
Over the last few years in Peru, NGOs have been persecuted by smear campaigns by the current administration and private groups that only misinform the public. The latest blow was the passage of this bill. However, this new law has a more negative impact on the poorest population in Peru, the population that usually has no access to justice and lives every day with the inequities of the system. Without the help and assistance of certain NGOs, these people will not be afforded resources such as free legal advice.
What does this have to do with the environment? In Peru, there are many environmental NGOs that advocate for the defense of the human right to live in a healthy environment. NGOs conduct investigations that expose the level of impunity in cases of contamination, take the defense of citizens that have been harmed by cases of pollution, oversee governmental activity, and make calls for action.
When I see that the government is acting like this – and when I see the level of impunity and injustice – I want to continue working to defend our human right to a healthy environment. That’s why, during my speech, I did not hesitate to reflect on the importance of avoiding these types of laws that do not align with the values of a democracy.
Although NGOs’ current situation in Peru is complicated, I feel very motivated -- perhaps more than ever -- to work alongside my colleagues to keep our mission going, for the sake of my country, for democracy, and for future generations.