
Civil society organizations reported various concerns regarding Law No. 32301, known as APCI Law, among which they highlighted: the criminalization of legal representation in cases of litigation against the Peruvian State, a disproportionate regime of sanctions that would put the subsistence of civil society organizations at risk, the imposition of preventive or corrective measures that would be discretionary, among other aspects. In particular, they expressed their concern about the provisions of this regulation that criminalizes the legitimate exercise of legal defense against the State and would place organizations and defenders in a situation of serious lack of protection. They emphasized that this law would affect fundamental rights, such as the right to association.
For its part, the State emphasized that the aforementioned law is not yet in force because it has not yet been regulated. It emphasized that its main purpose is to strengthen the effectiveness, transparency, fight against corruption and technical suitability of international cooperation, which constitutes a public policy aligned with national objectives and is part of the country's foreign policy. The State recognizes and values the role of organizations that execute international cooperation funds, especially those that defend human rights. It also reaffirmed its respect for human rights and the Inter-American System.
The IACHR reiterated its concern about the content of this law and recalled that while States have the power to keep a registry of civil society organizations, this must be consistent with the right of association and not disproportionately restrict, delay or limit the registration process. Likewise, the Commission requested the Peruvian State's consent to conduct an on-site visit to the country.
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