18 August 2025 –

The role of civil society bolsters the integrity of democracy, justice and human rights and has become integral in upholding the anti-corruption agenda. Their ability to meaningfully participate in legal processes is no longer a fact that should be seen as desirable, but essential, as corrupt acts continue to undermine fundamental principles. The UNCAC Coalition’s amicus curiae brief, submitted in the context of the Qali Warma case, spotlights the critical role that non-governmental organizations (NGOs) play in defending collective and diffuse interests, particularly when public institutions falter.

At the heart of the case is a request from PROÉTICA, the Peruvian Transparency International chapter, to be recognized as an aggrieved party in criminal proceedings related to alleged corruption in the Qali Warma National School Feeding Program. Despite the direct impact to the right of children and adolescents in receiving adequate food, the right to health, Peruvian prosecutors denied PROÉTICA’s request, arguing that only the State has standing in such cases. This interpretation, however, conflicts with both Peruvian law and international standards.

Article 94.4 of Peru’s Criminal Procedure Code (CPP) clearly provides standing to associations whose mission aligns with the collective or diffuse interests harmed by a crime. PROÉTICA, a longstanding advocate against corruption, meets these criteria. The refusal to grant it standing disregards the human rights at stake that belong not to identifiable individuals, but to society as a whole.

Corruption often harms broad and indeterminate groups, such as students and citizens, as well as the environment, in ways that cannot be traced and are difficult to attribute to specific, identifiable victims.

This is why collective and diffuse rights require special procedural avenues for representation. Without the involvement of NGOs like PROÉTICA, these interests often go unprotected in courtrooms dominated by State actors who may be unwilling or unable to challenge systemic misconduct.

International instruments like the United Nations Convention against Corruption (UNCAC) and jurisprudence from the Inter-American Court of Human Rights affirm the right of civil society to participate in anti-corruption efforts. They recognize that legal standing for NGOs is vital to ensure access to justice, transparency, and accountability. Limiting participation to the State alone not only weakens oversight but violates victims’ rights, particularly when vulnerable populations such as children are involved.

In most cases, denying NGOs legal standing in corruption cases, as seen in the rejection of PROÉTICA’s involvement, is not merely a procedural matter, but a denial of justice that risks perpetuating impunity .It ignores the reality that NGOs often act as the only viable representatives of the public interest in complex corruption cases. Recognizing the procedural legitimacy of NGOs reinforces democratic governance, empowers victims, and brings us closer to realizing the promise of equal justice under the law.The UNCAC Coalition expresses its gratitude to the Cyrus R. Vance Center for International Justice for its support in drafting this amicus curiae brief.

Please find here an English translation of the amicus curiae brief.