Freedom of association under threat: criminalisation of environmental defenders and anti-NGO draft law passed

Association

Environmental defenders face charges following protest

On 8th October 2024, authorities arbitrarily detained Mariano Sachelaridi, a community leader and environmental defender, upon his arrival at Police Station No. 15 in Guairá, southern half of the country. The detention followed an arrest order issued the previous day by Prosecutor Rodrigo Vázquez of Villarrica Prosecutor’s Office No. 5. Upon learning of the situation, Gerardo Loris, President of the Association of Defenders of the Common House (Asociación de Defensores de la Casa Común), voluntarily presented himself at the prosecutor’s office the following day.

Both Sachelaridi and Loris attended preliminary hearings on 9th October, where authorities informed them of the charges of disturbing public order, serious coercion and threats to commit an offence. The charges relate to their participation in protests on 30th September and 8th October, where they allegedly obstructed attempts to excavate mining pits in an environmentally restricted area. The Coordinadora de Derechos Humanos in Paraguay (CODEHUPY) reviewed the legal process, confirming through the defence counsel that the charges lacked specific evidence directly linking the alleged actions to the two defendants. CODEHUPY also found that the detention order was issued without adequate legal grounds.

CODEHUPY has voiced concern regarding these detentions, viewing them as part of a wider trend by state authorities to criminalise social protest amid growing concern about the negative impacts of mining in the region.

New legislation moves to Paraguayan President

On 9th October, the Paraguayan Senate approved the “Control, Transparency, and Accountability of Non-Profit Organisations (NPOs)” draft law, also referred to as the “garrotte or anti-NGO law” which would place significant restrictions on civil society organisations (CSOs). On 22nd October 2024, the National Congress presented the legislation to President Santiago Peña, granting him a 12-day period to enact or veto the draft law.

Since the last report, the Chamber of Deputies approved the draft law on 1st October 2024 with substantial modifications, though it retains the core regulatory framework set out in the original version. This latest version has introduced amendments to Article 2, refining the scope of the draft law. Under the revised provisions, international entities, specialised agencies, multilateral organisations, political parties, political movements and churches are exempt from compliance, unless they receive or manage public funds, whether domestic or international. Additionally, Article 5 underscores the state’s obligation to encourage and support associative initiatives. Article 7 mandates that organisations register with the Administrative Registry of Legal Persons and Structures, as well as the Administrative Registry of Beneficial Owners, both under the authority of the Ministry of Economy and Finance.

Article 12 stipulates that state bodies are prohibited from “signing or executing contracts, loan agreements, donations, or other legal instruments” with organisations that are not registered in the National Register of Non-Profit Organisations. Furthermore, it requires that transfers of resources, goods and services must be recorded in the national general budget, as well as in the budgets of municipalities and other relevant state bodies. Article 15 defines infractions and describes specific prohibited conduct. Additionally, Article 19 clarifies that the law’s provisions will not interfere with the regulatory functions of sector-specific oversight bodies, including the Secretariat for the Prevention of Money Laundering and Asset Control (SEPRELAD).

Critics within civil society argued that these provisions would undermine the autonomy and funding of human rights organisations and potentially serve as a mechanism to silence political dissent. They contended that the draft law’s stringent requirements place non-profit organisations under the oversight of the Ministry of Economy, impose rigorous re-registration processes, and demand extensive reporting and compliance measures. Additional provisions limit transactions between NGOs and public entities, regulate funding sources, and establish sanctions for organisational leaders and representatives.

As previously documented by the CIVICUS Monitor, the provisions of the draft law contravene international human rights obligations, particularly regarding the freedoms of association and expression and the right to participate in public affairs. The legislation’s broad and unspecific language creates significant ambiguity, leaving scope for restrictive interpretations that could impair these fundamental freedoms.

According to Amnesty International, the draft law imposes broad registration and compliance requirements on all civil society organisations, without differentiating between those funded publicly or privately. This indiscriminate mandate for state registration and oversight, coupled with extensive reporting obligations, could compromise the independence, privacy and security of organisations and their members. The law also introduces penalties for non-compliance that lack clear criteria, undermining legality and potentially infringing on freedoms of association and expression, thus threatening the rights it intends to regulate.

On 10th October, Dante Leguizamón, Executive Secretary of CODEHUPY, urged President Peña to veto the law, highlighting persistent “unconstitutional flaws” that threaten Paraguay’s democratic principles. Similarly, the Grupo Impulsor de Organizaciones de la Sociedad Civil en Defensa de la Democracia, representing over 60 CSOs, submitted a letter warning of the draft law’s negative impact on democratic rights and the investment climate. The letter recommended forming a working group to draft alternative legislation that modernises NGO regulations, simplifies registration, ensures transparency, and aligns with anti-money laundering standards while protecting constitutional freedoms.

The anti-NGO draft law has faced strong criticism from international organisations and the business community. Gina Romero, UN Rapporteur on freedom of association and assembly, warned that the high penalties in the law are inconsistent with international standards. In a post on X, she confirmed sending a letter to President Peña about the revised bill, which, despite improvements, diverges from global human rights benchmarks:

The Inter-American Commission on Human Rights’ Special Rapporteur on Freedom of Expression also raised concerns, cautioning that the law would restrict the operations of non-profit organisations in Paraguay and urging the executive branch to consider Inter-American human rights standards when deciding on its approval or veto.

Similarly, the Committee to Protect Journalists called on Paraguayan President Santiago Peña to reject a law that would impose burdensome restrictions on nonprofit news outlets and threaten their independence. It also stated that “many independent media in Paraguay are nonprofits that rely on international funding and this law would force them to disclose information and data about people who work for them that could seriously hamper their work.”

The New York Bar Association expressed concern, stating it “would jeopardise the fundamental rights of organisations and individuals in Paraguay, including those working to promote and defend human rights.”

Expression

Court restricts journalist’s work

On 10th September 2024, journalist Juan Alcaráz published an investigative report alleging corruption at the Saltos del Guairá hospital, implicating pharmacy owner and nursing student Rita Franciele Borgonhoni. In response, Borgonhoni filed a complaint on 17th September, leading Judge Lidio Valdéz Cuenca to impose precautionary measures on Alcaráz, barring him from any form of coercion, harassment, or persecution towards Borgonhoni, directly or indirectly.

Likewise, on 9th August 2024, Justice of the Peace Arnaldo Miranda Escobar, based in Villarrica, formally notified the Guaíra-based media outlet Noticiero Paraguay, of a precautionary measure barring the outlet from publishing content about a complainant, Lorena Melgarejo de Torres. The order, issued under the law on comprehensive protection for women, seeks to protect the complainant from potentially stigmatising media coverage.

As previously reported, judicial gag orders have been employed in the country to prevent media coverage of sensitive issues.

Increased hostility against journalists

Between April and October 2024, the Inter-American Press Association (IAPA) documented heightened tensions regarding actions against journalists and media outlets investigating alleged nepotism, influence peddling and impunity. The incidents largely involved members of the Asociación Nacional Republicana (ANR), who reportedly sought to silence public-interest journalism concerning purported government irregularities.

For instance, on 30th August, an unknown individual sent a threatening message to Elías Cabral, a journalist from the Department of Canindeyú. The message, written in Guarani, included phrases such as, “you are altering the subject, you must change, enter wrongly, be careful.” That same week, Cabral published reports on a homicide that took place in 2023. On 8th October, Senator Dionisio Amarilla, Chair of the Bicameral Investigation Commission, prevented journalists from questioning Senator Gustavo Leite and subsequently instructed security guards to escort them out.

Similarly, the Federation of Journalists of Latin America and the Caribbean (FEPALC) issued an open letter highlighting an escalating climate of hostility against journalists in Paraguay. FEPALC’s letter reported incidents of censorship attempts, prosecutions and leaks of journalists’ private information, and public remarks from authorities, including President Peña, that undermine press freedom. It called for an urgent review and a formal warning to Paraguay regarding these developments.

Peaceful Assembly

March for fair housing

On 9th September, the National Fund for Social Housing (FONAVIS), a coalition of social, peasant and indigenous organisations, led a march in Asunción demanding fair housing, employment and equitable subsidy distribution from the current government. The protest escalated as three FONAVIS members chained themselves outside the Ministry of Urbanism, Housing and Habitat (MUVH) and established a resistance tent.

Following this, an agreement was reached on 10th September through dialogue with MUVH authorities, represented by Minister Juan Carlos Baruja and Paraguayan Indigenous Institute President Juan Benegas Ferreira. The agreement resulted in the formation of a working group to discuss FONAVIS’ housing proposals and demands.

21st LGBTQI+ March

On 29th September, under the rallying cry “Ko'ape Roime, for all rights, peju jabatalla!”, people of diverse identities gathered in the heart of Asunción for the 21st TLGBI+ March. During the demonstration, the TLGBI+ Coalition delivered a manifesto demanding the inclusion of diversity in public policies and denouncing authoritarian practices and structural violence perpetuated by governments that have neglected to ensure a quality of life for all.