Fragility and the rule of law in Peru remain closely intertwined with political instability, corruption and low public confidence have weakened the rule of law in Peru, limiting equal enforcement and protection of citizens’ rights.

These challenges limit accountability, restrict access to justice and disproportionately harm low-income and marginalized communities, reinforcing cycles of poverty. Peru has made economic gains over the past two decades, but since 2023, 29% of the population still lives in poverty with rural and indigenous communities facing the highest vulnerability.

Structural Weaknesses in Peru’s Justice System

Public confidence in Peru’s institutions is extremely low. According to the World Justice Project’s 2022 general population poll, only 36% of Peruvians believe high-ranking officials will face accountability for breaking the law, a modest improvement from 2018. Moreover, 84% of respondents believe most or all members of Congress are involved in corrupt practices with 78% stating the same of political parties.

This erosion of trust weakens democratic legitimacy and reduces incentives for people to engage with formal institutions, leaving vulnerable communities exposed to abuse and exclusion. Therefore, fragility and the rule of law in Peru directly shape the country’s ability to reduce poverty and promote inclusive development.

Peru has approximately 10 judges per 100,000 inhabitants, below the OECD European average of 18. Access to justice is uneven; only 27% of Peruvians with recent legal problems received professional assistance, 19% struggled with costs and 47% experienced stress or health hardships. Rural and Indigenous populations are disproportionately affected, reinforcing legal inequality.

For rural and Indigenous populations, geographic isolation and financial barriers make courts nearly inaccessible. Without reliable legal protection, people face higher risks of land dispossession, labor exploitation and environmental harm; all factors that deepen poverty and inequality.

Political Interference and Judicial Independence

Political interference has further undermined judicial independence in Peru. According to America’s director at Human Rights Watch, Juanita Goebertus states that “Peru’s Congress has severely weakened one of the last standing independent bodies that could serve as a check on its abusive practices.” As a result of these weakened oversights, it has reduced institutional autonomy and limits the ability to investigate corruption and organized crime. 

High-profile prosecutions, such as former President Martin Vizcarra’s, illustrate perceived selective enforcement and politicization, limiting public confidence in judicial impartiality.

In August 2022, Peru granted immunity to security forces accused of human rights abuses during the 1980–2000 internal conflict, halting more than 600 cases and overturning 156 convictions, raising concerns over international obligations.

Civil Society and Legal Accountability

Civil society organizations play a critical role in expanding access to justice and monitoring government conduct. However, recent legislation has introduced new restrictions on non-governmental organizations. The Guardian reported that new laws allow fines of up to $500,000 against NGOs that support legal actions against the state, potentially affecting hundreds of organizations involved in legal advocacy and human rights protection. These measures risk reducing legal support for marginalized communities and weakening external oversight, further undermining accountability under the rule of law in Peru.

As funding and advocacy space shrink, poor and marginalized populations lose essential support networks, making it harder to challenge abuses or access public services. This further illustrates how fragility and the rule of law in Peru compounds economic vulnerability.

Consequences and Reform Prospects

The erosion of the rule of law in Peru has measurable governance consequences. According to the World Bank’s Worldwide Governance Indicators, Peru’s rule of law score stood at -0.54 in 2023. These negative scores reflect weak confidence in contract enforcement, judicial independence and legal predictability. 

The OECD Justice Review emphasizes the need for reforms focused on strengthening judicial independence, expanding access to justice in underprivileged regions, improving institutional coordination and safeguarding civil society participation.

Government and NGO Responses To Rule of Law Challenges

Despite persistent challenges, government programs and NGO initiatives are working to strengthen the rule of law in Peru. One major effort is the Justice Sector Support Project (JSSP‑2), led by the American Bar Association’s Rule of Law Initiative (ABA ROLI) in collaboration with Peru’s Ministry of Justice and Human Rights and funded by the U.S. State Department. Launched in 2022, this program operates across all 34 judicial districts and seeks to consolidate judicial reforms, improve Peru’s capacity to combat complex crimes, prevent and detect corruption, and strengthen access to justice, especially for vulnerable and Indigenous communities. It builds on a previous five‑year project and has included nationwide oral litigation workshops with more than 600 participants, as well as practical training for prosecutors and police on environmental law and crime investigation.

Peru’s experience demonstrates the close relationship between state fragility and the erosion of the rule of law. There is empirical evidence that reveals low public confidence in accountability mechanisms, limited judicial capacity, political interference in legal institutions and growing constraints on civil society. Together, these factors undermine the effective functioning of the justice system and weaken democratic governance.

– Madison Brown

Madison is based in Nottingham, UK and focuses on Good News and Celebs for The Borgen Project.

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