Amnesty International warns of new legal initiatives (Restrictive Laws) that threaten civil society organisations and human rights efforts in the Americas. Inspired by regressive, authoritarian measures in some countries, parliaments in Paraguay, Peru, and Venezuela are considering laws that would arbitrarily restrict civil society groups, stifling criticism and justice pursuits. Ana Piquer, Amnesty International’s Americas director, urges states to stop silencing human rights organisations and restricting civic spaces. These repressive trends endanger human rights in the region, violating international commitments to freedom of association, expression, privacy, political participation, and the promotion and defence of human rights.

In recent months, Peru’s Congress has considered six bills that could hinder the work of civil society organisations, particularly those receiving international cooperation funds. Approved by the Foreign Relations Committee on June 5, these bills may still be evaluated by the Plenary Body of Congress or the Standing Committee.

Similarly, since December 2023, Paraguay’s Senate has been analysing a bill on “control, transparency, and accountability for nonprofit organisations” that could unjustly limit civil society organisations’ access to resources and impose excessive punishments.

These initiatives are reminiscent of Venezuela’s bill on “Control, Regularization, Operations and Financing of Non-Governmental and Related Organisations,” which passed its preliminary debate in the National Assembly in January 2024. This bill, raising concerns among several UN special rapporteurs, complements other recent measures aimed at curtailing freedom of expression and association to silence political dissent.

While these bills vary in approach, they share alarming features. Often justified by a supposed need to enhance transparency, they disregard the existing multiple controls already holding civil society organisations accountable. In reality, these bills frequently employ vague and imprecise language to impose disproportionate, arbitrary, and unjust controls over the operational and financial information of civil society organisations. These measures could obstruct organisations from securing necessary resources and permits for funding, jeopardising their independence and threatening the security and privacy of their members and those they seek to protect.

By targeting the financial and operational aspects of civil society organisations under the guise of transparency, these bills aim to stifle dissent and weaken human rights advocacy, posing a significant threat to the civic space and democratic principles in the region.

If civil society organisations fail to comply with the abusive measures outlined in these bills, they could face complete disbandment without due process. In Venezuela, members could even face criminal prosecution. Such punishments violate international human rights law, which stipulates that restrictions on freedom of association must never be excessive or so burdensome that they undermine the right itself.

These bills have been debated without broad and participatory public consultation. Before creating laws that affect civil society organisations, it is crucial to consult all relevant entities and rights holders thoroughly. These stakeholders should include human rights defenders and civil society organisations, who must be able to participate without fear of reprisal.

These bills would directly impact everyone who benefits from the assistance of civil society organisations, said Ana Piquer. Historically, human rights organisations in Peru, Paraguay, and Venezuela have contributed immensely to building a fairer and more just society. This contribution should be publicly acknowledged by the authorities. Instead of hindering civil society organisations with unjust penalties or other obstacles to their work, states should ensure they can operate freely and safely without fear of reprisals or punishment for simply defending human rights.

Human rights organisations in these countries have historically played a pivotal role in promoting justice and equality. Their contributions should be recognised and valued by authorities. Instead of imposing unjust penalties and obstacles, states should ensure that civil society organisations can continue their work without fear of reprisal. It is essential for states to guarantee the freedom and safety of these organisations, allowing them to defend human rights without facing punishment or undue interference.

“Using legislation to constrict civic space is becoming an alarming trend across the Americas. Regrettably, the recent actions in Paraguay, Peru, and Venezuela are not isolated incidents but rather symptoms of a broader regional and global phenomenon. Countries are increasingly mirroring each other by enacting laws that restrict civil society’s ability to operate freely and silence dissenting voices.

This concerning pattern is evident throughout the Americas, with similar measures either approved or under debate in countries such as Nicaragua, Guatemala, El Salvador, and Mexico. According to Ana Piquer, “Organisations, groups, and civil society movements play a vital role in defending human rights, upholding governmental independence, and combating impunity. Many human rights challenges in the region stem from transnational issues like violence and forced migration. Therefore, any infringement on freedom of association, even on a local scale, can exacerbate human rights conditions across the entire region.

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