On BiguarteChief of the Peruvian state, promulgated on April 14 the law by which functions and powers of the Peruvian Agency for International Cooperation (APCI) are modified, that is, the public body that supervises NGOs that receive funds from international cooperation. In the words of the president: “This law will ensure the supreme interest of democracy, the national unity and put under a thorough review of an NGO minority that act against the interests of our country, sowing hate and attacking our system”. In this way, Boluarte certified a path initiated on March 12 by Congress, which approved the new APCI law with 82 votes in favor.
However, the one that has been publicly defended by its valuers as a rule that will contribute to transparency and accountability between international cooperation organizations, has been interpreted by the NGOs defenders of human and environmental Rights as an attack on the most vulnerable groups. From now on, you will find more pitfalls to access justice, as well as other services aimed at promoting their rights.
Rosa CastañedaFounder and Executive Director of Sana family, an organization created in 1998 with the purpose of promoting the rights and integral health of the most vulnerable women of Cajamarca, Andean town located in northern Peru, has lived in the first person the control processes of APCI prior to the new standard. According to her: “Our institution has already been supervised. We had an APCI audit 5 years ago and we saw it quite aggressive. I can’t imagine how it will be now”. And it continues: “We live in a fairly corrupt society where we know that the one who has money will achieve everything. The problem is with limited resources. They will be the most affected”. With 44.5% poverty, Cajamarca is like the poorest region in Peru, according to data from the National Institute of Statistics and Informatics (INEI)
As Castañeda explains, the health services offered by healthy family are self -subsidized. In this way, funds from international cooperation are employed where appropriate for activities related to information, education, training and activism related to the promotion of sexual and reproductive rights and integral sexual education (ESI). “Our work is also political.. It is also a job that becomes more arduous every day. As precise, “now we are in a fairly difficult situation of a huge attack on everything that is the gender approach, sexual and reproductive health. With penalty we see that conservative groups are a majority.”
free way for impunity
In this new regulatory framework, international cooperation is understood as a component of the foreign policy of the Peruvian State and, as such, “it is aimed at capturing resources for national development, as well as projecting the Peruvian offer of international technical cooperation, within the framework of national development priorities and foreign policy”. In this sense, the specific law: “It constitutes improper use, using the aforementioned resources [provenientes de la cooperación técnica internacional] To advise, assist or finance, of any form, or modality, administrative, judicial or other actions, in national or international instances against the Peruvian State ”. In other words, NGOs may not operate judicial processes or take any other actions that are interpreted as contrary to the State or some of their instances, leaving the impunity of serious human rights violations free.
A scheduled deprotection
It is November 29, 2011. Cajamarca rises against the implementation of the Conga mining project, promoted by the American Minera Yanacocha. During the violent repression, the Police, which among its arsenal has long -range rifles, shoots the peasant and merchant Elmer Campos, leaving him prostrated in a wheelchair for life. It would not be the only victim. Another 14 environmental defenders were also seriously injured
-Almost fourteen years later, the judicial process continues. THE defense OF MR. Campos is in charge of the Environmental NGO Training and Intervention Group for Sustainable Development (Grufides) and the National Human Rights Coordinator (CNDDHH), who try to demonstrate the responsibility of the high controls of the Peruvian National Police in the incident. Both entities receive financing from international cooperation.
However, the defense of SR Campos could be in danger with the application of the new standard. While this is not retroactive, in case the organizations promoting the case need new international funds to undertake subsequent legal actions, they could find the APCI’s refusal. Thus, in accordance with the new law, all entities must be registered in the Cooperation Agency Registry, a requirement that previously applied to those that had tax benefits. Moreover: APCI will count among its powers: “Give conformity prior to the execution of the plans, programs, projects or activities registered by the agencies that execute international technical cooperation; as well as to contracts, legal or administrative acts that they celebrate with the State”.
According to Deryck Alarcón, lawyer and member of the legal area of Grufides, this requirement would be proscribing in practice the right of association. In his words: “Permits will be required to execute the actions, execute the budget of the approved projects. We would be at the mercy of these APCI officials for the execution, because if one executes without that prior authorization of APCI is committing an infraction.”
The law, which includes three types of sanctions (mild, serious and very serious), establishes fines of up to 500 UIT, equivalent to 2675000 Peruvian soles, currency used in the Latin American country, or, otherwise, 659350.32 euros. In this sense, as Alarcón states: “We are non -profit organizations all associations. In reality, it would be to disappear, destroy all organizations because there would not be the ability to pay having a fine of that amount. It is not logical, reasonable or proportional”. The Grufides lawyer contrasts this fine with that received by other crimes: “For example, if an NGO attends family members for the massacre of the 50 Peruvians in the context of the protests for the assumption to the presidency of Dina Boluarte will be sanctioned with up to 2675000 soles. But to a person who accepted that he has committed the crime of illegal mining against the state, affecting the water and the land of some communities, the land of some communities. It imposes as a repair agreement, because it is accepted to a principle of opportunity to recognize being doing these activities, 2000 soles and on top paid in five installments. ”
A more complex scenario for solidarity
The restlessness generated before the promulgation of the APCI law is in an increasingly complex overview for international solidarity. As indicated by the project coordinator of a Spanish organization that cooperates with several Human Rights Defense NGOs in the Latin American country and prefers to keep anonymity: “We are seeing with a lot of concern the turn in international cooperation policies. Obviously, the closure of USAID generates a precedent. In the European Union and also in many regional and regional governments of the Spanish State, there is a tendency to lose weight resources, but also to introduce other variables that are no longer the internationalist solidarity as we understand cooperation. Cooperation is insisted. The word innovation gets..
Through communications and pronouncements, Spanish civil society entities, organized in spaces such as the Coordinator of Foreign International Cooperation Entities (COEECI), are warning about the situation. As expressed by the spokeswoman for the Spanish organization consulted, which, in addition to the COEECI, is part of the Eu-Lat Red and the Spanish NGD forum in Peru, the playing rules of Peruvian cooperation are more rigorous of a time to this part even before the promulgation of the new APCI law. “Yes last year [desde APCI] They supervised 83 projects, this year they plan to supervise 430 projects. This represents 300% more controlled projects. In addition, they want to go to the territories to see how actions are being implemented. Until now they had not gotten into substantive and content issues, but by the list of projects to audit it seems to us that this is taking another course. ”
