Global IssuesParaguay: ‘Bureaucratic Criminalisation’, New Legislation Threatens NGOs and Democracy
ASUNCIÓN, Paraguay, Jul 29 (IPS) - In a move that has aroused national and international concern, the Paraguayan Senate has given preliminary approval to a controversial bill that imposes strict controls on NGOs in a case of ‘bureaucratic criminalisation’.
The landscape has become increasingly hostile to the activities of civil society organisations, with several laws representing a rollback of historically defended fundamental rights.
‘Additional bureaucratic hurdles": the effects of new legislation
Non-profit organisations in the country have to deal with a variety of formalities and ongoing procedures before various public bodies. The proposed legislation, promoted by the ruling Colorado Party, now introduces additional registrations for all NGOs and strict reporting requirements. Under the pretext of improving transparency and accountability, the legislation represents a significant threat to democracy and the operational freedom of civil society in Paraguay.
Controversial elements of the bill include a new mandatory registration with the Ministry of Economy and Finance - which would be the law's implementing authority - for all organisations receiving public or private funds of national or international origin, detailed reporting of all activities, detailed semi-annual financial reports, and severe penalties for non-compliance, including heavy fines and the possibility of dissolution of NGOs. Critics argue that these ‘legal-political arrangements’ are disproportionate and serve more to intimidate and control NGOs than to promote real accountability.
What civil society says
The passage of this bill comes in a broader context of growing authoritarianism in Paraguay. Since the 2023 elections, there have been several concerns about the ruling party's consolidation of power and its impact on democratic institutions. The media, opposition parties and civil society organisations have faced increasing pressures, raising fears of a regression to the authoritarian practices of the past.
Monica Centron, Executive Coordinator of the national NGO platform, POJOAJU, emphasises the broader implications of such legislation for democracy: ‘This law threatens the fundamental rights enshrined in our constitution. It undermines the role of civil society in holding government accountable and promoting social justice. NGOs promote transparency and accountability, we have legislation that obliges us to account for our actions such as the Civil Code, reports to Seprelad (Secretariat for the Prevention of Money or Asset Laundering), the Treasury Attorney's Office, banks, the National Directorate of Tax Revenue, among others’.
Raúl Monte Domecq, from POJOAJU's coordination team, highlighted the possible adverse effects for smaller NGOs: ‘The administrative burdens and the threat of severe sanctions could lead many smaller organisations to close down. This will have a devastating impact on the communities they serve, particularly the most vulnerable’.
‘It must be understood that we have adopted for our Republic a Social State of Law and as a form of government representative, participatory and pluralist democracy, as enshrined in the National Constitution. The paths of dialogue and consultation, and not the opposite, are necessary requirements for the strengthening of our still incipient process of democratisation,’ says Gladys Casaccia, also a member of the POJOAJU Coordination team.
A threat to democratic principles
The bill has faced strong opposition from various sectors, including religious leaders, civil society organisations and international human rights bodies.
Marta Hurtado, spokesperson for the UN Human Rights Office, said the bill would ‘impose substantial restrictions on NGO funding’ and ‘obstruct the exercise of freedoms of association and expression’.
Ana Piquer, Amnesty International's Americas director, said that ‘this bill subjects civil society organisations to arbitrary and abusive state control, without giving them the opportunity to defend themselves. It puts human rights defenders and the communities they serve at significant risk’.
Just a few days ago, several UN Special Rapporteurs have joined forces to communicate to the government of Paraguay their concern about the possible approval of the Draft Law on the Control of Non-Profit Organisations.
Cardinal Adalberto Martinez, has urged the Senate to delay the bill, which will be discussed in less than 2 weeks from now, and initiate a dialogue with the affected sectors. ‘This bill could have serious consequences for our representative, participatory and pluralistic democratic system,’ he warned, emphasising the need for inclusive discussions.
This legislative measure also follows a worrying trend observed in other countries where governments have introduced restrictive laws to curb the influence and operations of civil society. By limiting access to international funding and imposing strict oversight, these laws effectively weaken civil society's ability to operate independently and advocate for human rights and democratic governance.
Call for action
In light of these developments, POJOAJU and other civil society organisations call for urgent action:
- Postponement and dialogue: they urge the government to halt the legislative process and engage in meaningful consultations with civil society to review the draft law.
- Protection of rights: They demand that any new regulatory framework respect constitutional rights and international human rights standards, ensuring that it promotes genuine transparency without undermining the independence of civil society.
- International solidarity: Civil society and governments are also being urged to call for dialogue with the Paraguayan government to reconsider this draft law in law. The stakes are high, not only for Paraguay, but also for the precedent it could set in the region.
Mónica Centrón, POJOAJU, Isabella Camargo and Bibbi Abruzzini, Forus
This article is written by the Forus network in partnership with POJOAJU. For more on the “bureocratic criminalisation” of civil society, consult Abong’s report detailing the context in Brazil under Bolsanaro’s presidency here.
IPS UN Bureau
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