Paraguayan Senate passes controversial draft law to increase heavy control over CSOs

Association

Draft law on non-profit organisations raises concerns

On 8th July 2024, the Paraguayan Senate approved a draft law, “Control, Transparency, and Accountability of Non-Profit Organisations (NPOs),” which would restrict CSOs’ work by imposing heavy registration and reporting requirements. The draft law was introduced on 20th December 2023, primarily by Senators from the ruling Colorado party.

Key provisions include introducing mandatory registration for all NPOs in a national registry managed by the Ministry of Economy and Finance (Article 4). It requires detailed reporting on the use of both public and private funds (Chapter III). The law also imposes a range of sanctions, including significant fines and the permanent suspension of activities (Chapter IV).

The draft law proposes to fill a perceived legal gap by introducing regulations for CSOs that receive public or private funds, either domestically or internationally. However, legal experts affirmed that existing laws (Law 5189/13 and Law 6446/19) already regulate the use of public resources by CSOs and require financial transparency through the creation of administrative registers. These laws already ensured public access to information and required CSOs handling public funds to provide detailed reports.

Likewise, legal experts have also criticised the sanctions as excessive and potentially violating the constitutional prohibition against disproportionate fines, with fines amounting to hundreds of thousands of dollars being deemed confiscatory. The draft law fails to clearly define the specific infractions or breaches that would lead to the imposition of sanctions, thus violating the principle of legality. Furthermore, leaving significant regulatory details to be defined by future executive regulations undermines legal certainty and due process guarantees.

On 19th July, three UN Special Rapporteurs communicated to the Paraguayan government their concern over the proposed draft law. The letter highlights that mandatory registration, increased financial oversight and severe sanctions could violate Paraguay’s international obligations under human rights treaties. The Rapporteurs emphasised the potential impact on the freedom of association and expression, urging the government to revise the draft law to ensure compliance with international human rights standards. Similarly, the UN Human Rights Office called on Paraguay to ensure the draft law protects the ability of CSOs to seek and use resources freely to promote human rights.

Dozens of CSOs in Paraguay issued a joint statement expressing deep concern over the draft law, raising alarms about its potential to undermine the right to freedom of association and obstruct civil society activities. The organisations have emphasised that their role in democracy and social welfare is essential. On 31st July, over 30 human rights organisations urged the Paraguayan government to engage in public consultations and ensure that the draft law aligns with international human rights standards.

According to Amnesty International, the draft law subjects civil society organisations to arbitrary and abusive state control without granting them the opportunity to defend themselves: “With worryingly vague and ambiguous wording, the draft law could allow authorities to interpret it expansively, incorporating private funds from civil society organisations into the national budget. This would mean confiscating assets and resources from these organisations, their members and donors. Such actions would violate the Paraguayan Constitution and international human rights law, which guarantees the right of individuals and groups to seek, receive and use resources to promote and protect human rights.”

Approved during an extraordinary session, the draft law has now been sent to the Chamber of Deputies for further review.

Expression

Paraguayan journalists face assaults and public vilification

On 9th April, protesters supporting Ciudad del Este Mayor Miguel Prieto assaulted journalist Carlos Bottino while he covered the event. Bottino, a journalist with La Jornada and 247 de Alto Paraná, explained that the incident occurred during an interview when the mayor grew angry at his questions and acted aggressively. Following this, Prieto’s supporters restrained and attacked Bottino. The Paraguayan Journalists’ Union (Sindicato de Periodistas del Paraguay, SPP) called for authorities to hold the attackers accountable.

On 23rd April, Paraguayan Deputy Yamil Esgaib allegedly reacted violently toward journalists Rocío Pereira of Telefuturo and Fiona Aquino of ABC Color during questioning about his daughter’s employment at the Paraguayan Embassy in the United Kingdom. In response, the SPP demanded sanctions for his repeated misogynistic behaviour.

On 26th June, a municipal official assaulted journalist Fernando Riquelme while he reported live on alleged fund misappropriations by the municipal government. The official grabbed his arm and attempted to confiscate his phone to stop the broadcast. The SPP called on Mayor Oscar Rodríguez and City Council President César Escobar to investigate the incident and hold the official accountable.

On 8th July, during a debate on the draft law on non-profit organisations (see association), Senator Lizzarella Valiente made accusations against the media, specifically targeting journalist Mabel Rehnfeldt of ABC Color. Valiente accused Rehnfeldt of being involved with international organisations allegedly pursuing “questionable agendas.”

Reports highlight erosion of press freedom

The 2024 CODEHUPY report outlined significant concerns over the state of press freedom in Paraguay, recording 20 attacks on journalists between March 2023 and March 2024. Of those affected, 54 per cent were men and 46 per cent were women, predominantly from television and radio.

The report also highlighted several forms of violence faced by women journalists, including sexual harassment, workplace violence, online harassment, judicial harassment, psychological and symbolic violence, threats and physical attacks. These incidents often involve obstruction of journalistic work and destruction of equipment. Male journalists also face physical violence, judicial harassment and death threats.

Another alarming trend is the increasing judicial harassment of journalists, with rising concerns about criminalisation to suppress their work. Both state and corporate actors deploy these tactics to target journalists reporting on critical issues such as corruption, protests and human rights violations. By initiating legal proceedings, authorities seek to intimidate reporters, fostering a climate of fear that results in self-censorship within the press, undermining freedom of expression and the right to information guaranteed under international human rights law.

According to the mid-year report of the Inter-American Press Association (IAPA), judicial threats against journalists extend beyond Law 5777/16 (protection for women against all forms of violence law - see previous CIVICUS Monitor report). The IAPA also highlighted cases involving ABC Color and Última Hora, where journalists published in October 2023 information on former President Horacio Cartes’ administration. Prosecutors Aldo Cantero, Rodrigo Estigarribia and Daniela Benítez requested the authors’ identities, as the articles were unsigned. This move is viewed as an intimidation tactic, raising concerns about its impact on freedom of expression.

For instance, on 4th July 2024, a judge in Guairá denied the provisional dismissal of the case against journalist Mabel Portillo, despite the Public Prosecutor’s Office finding insufficient evidence to bring the case to trial. This decision allows the case potentially to move to trial, which raises concerns about freedom of expression. As reported, Portillo faces allegations of inciting violence during a protest. The SPP has criticised the case as judicial harassment intended to silence the press.

Likewise, Fredy Chamorro, a radio journalist, faces defamation and libel charges filed by Dr Claudia Vega, Director of the Tomás Romero Pereira District Hospital. In February 2024, two judges had already censored Chamorro for 60 days under a gender protection law after he criticised the lack of medical supplies at the hospital. On 22nd June 2024, both parties appeared before the Court, confirming their unwillingness to reconcile and moving the case to oral trial. Chamorro had questioned the hospital’s management following his own experience with dengue. The trial date will soon be set.

Legal win for women journalists: Angie Prieto acquitted in defamation suit

On 9th April 2024, journalist Angie Prieto was acquitted of defamation charges filed by her former employer, Albavisión, after she criticised its handling of sexual harassment and supported the “#YoTeCreo” (I Believe You) movement. The court found no evidence linking Prieto to defamatory statements.

Her acquittal underscores the persistent struggle for press freedom and the protection of women journalists in Paraguay, where six in ten women media workers face harassment, often by superiors. The International Federation of Journalists (IFJ) and FEPALC welcomed the ruling, but they, alongside the SPP, remain vigilant against the growing use of judicial tactics to intimidate media professionals. Authorities must prevent such practices, threatening press freedom and the right to information.

Public hearing on draft law for the protection of journalists and human rights defenders

On 31st May, a public hearing on the draft law for the protection of journalists and human rights defenders was held, chaired by Senator Esperanza Martínez. The draft law, developed through a collaborative process involving the Senate’s Human Rights Commission, CEDOHUPY and civil society, proposes creating the “Mechanism for the Protection of Journalists and Human Rights Defenders” (MPPD). This mechanism would act as an independent body within the state, free from external political influence, to ensure the safety and protection of journalists and human rights defenders.

International participants included Jan Jarab from the UN High Commissioner for Human Rights, Paula Rojo of the Inter-American Commission on Human Rights and Bia Barbosa of Reporters Without Borders.

Paraguay accused of human rights violations in defamation case against former journalist Aldo Zuccolillo

On 2nd July 2024, the Inter-American Commission on Human Rights (IACHR) submitted the case of Aldo Zuccolillo Moscarda (12,686) to the Inter-American Court of Human Rights. The case addresses Paraguay’s international responsibility for violations of the right to freedom of expression, the principle of legality and judicial guarantees. It also presents important issues of public concern, offering the Court an opportunity to advance its jurisprudence on freedom of expression and strategic lawsuits against public participation (SLAPP).

Zuccolillo, who passed away in 2018, was a prominent journalist and founder of the widely circulated Paraguayan newspaper ABC Color. On 24th December 1998, Senator Juan Carlos Galaverna filed a criminal defamation lawsuit against Zuccolillo and ABC Color, alleging that the newspaper had published 15 defamatory articles intended to discredit him. The charges included defamation, slander and insult.

On 30th April 2001, the Seventh Criminal Court of Asunción sentenced Zuccolillo to 360 days of fines, the maximum non-custodial penalty under Paraguayan law for defamation. Zuccolillo appealed the decision, and on 11th February 2002, the First Criminal Appeals Chamber reclassified the offence as aggravated defamation, increasing the fine due to ABC Color’s substantial influence on public opinion. Senator Galaverna sought further legal action, requesting a custodial sentence and the publication of the verdict through a cassation appeal. He also filed a constitutional challenge before the Supreme Court of Justice.

The IACHR asked the Inter-American Court of Human Rights to direct Paraguay to fully address the human rights violations committed against Zuccolillo. This includes providing material and non-material compensation to his widow and daughters. The IACHR also urged Paraguay to amend its criminal laws to decriminalise defamation, slander and insult when involving public officials or people engaged in matters of public interest, in line with the American Convention on Human Rights.

Peaceful Assembly

Wave of massive student protests erupts demanding free higher education

On 16th April 2024, thousands of university students mobilised across the country against the recently approved “Zero Hunger” law, altering the funding structure for higher education. The law removed key subsidies for education, academic research and scholarships, including the “Zero Fees” programme, which previously guaranteed 60,000 students free access to higher education. “We demand a guarantee for all the projects that are being defunded, including free tuition,” said María Victoria Méndez, a National University of Asunción (UNA) student.

Despite President Santiago Peña affirming continued support for “Zero Fees” (Arancel Cero), students demanded a clear legal and financial framework to ensure long-term protection. They argued that the law undermines broader education programmes, raising concerns about access and equality.

According to ACLED, student protests saw a significant 74 per cent increase compared to demonstrations in March 2024.

Children march against sexual violence

On 2nd June 2024, children and teenagers marched in Asunción, demanding stronger protections against sexual violence and urging government action in response to rising case numbers. Organised by human rights groups to mark the National Day Against Child Abuse and Sexual Exploitation, the demonstration aimed to raise awareness of child sexual abuse and promote more robust prevention, protection and accountability measures.

According to the Supreme Court’s Directorate of Statistics, from 2019 to 2023, 886 people were convicted of child sexual abuse in Paraguay, with a 22 per cent resolution rate from 4,029 initiated cases. These figures raise concerns about the efficiency of the judicial system in addressing child sexual abuse.