A New Generation of Laws Is Restricting Civic Space in Latin America

This report, developed by Fundamedios with legal research facilitated through TrustLaw, the Thomson Reuters Foundation’s global pro bono legal network, analyses the legal frameworks governing civil society organisations in ten Latin American countries: Argentina, Bolivia, Colombia, Ecuador, El Salvador, Guatemala, Honduras, Nicaragua, Peru and Venezuela.

The research examines laws, regulations and public policies relating to the creation, registration, operation, financing, oversight and dissolution of civil society organisations, as well as rules on transparency, anti-money laundering and counter-terrorism financing. It identifies regional trends that point to the expansion of state discretion, the use of vague legal concepts such as “public order” and “national security”, growing scrutiny of international cooperation, and the increasing use of administrative cancellation or dissolution as a tool that can restrict civic space.

The report also highlights positive practices from the region, including objective and transparent registration procedures, proportionate anti-money laundering regulation based on real risk, transparency requirements linked to public benefit rather than legal existence, and meaningful participation of civil society in policymaking.

Through TrustLaw, we connected Fundamedios with leading legal experts across the region to support this comparative legal research. The Thomson Reuters Foundation and Fundamedios are grateful to the law firms that contributed their time and expertise pro bono: Robalino Abogados in Ecuador, which also served as coordinating firm; Richards, Cardinal, Tutzer, Zabala & Zaefferer in Argentina; C. R. & F. Rojas – Abogados in Bolivia; Consortium Legal in El Salvador; Baker McKenzie in Venezuela; Moller Law in Guatemala; Dentons Muñoz Zacapa in Honduras; and Philippi Prietocarrioza Ferrero DU & Uría in Colombia and Peru.